West Midlands

Inside Out has spent 6 months investigating the so-called no win, no fee culture in the Midlands – and asks if it’s council tax payers who simply can’t win!

Only route to justice

In the last five years, councils in the Midlands have had to deal with more than 35,000 claims for compensation. Each one takes time and money to investigate, but for many people that's the only way they are going to get justice.

Three years ago Joanne Moore tripped over a pavement whilst carrying her three week old son, Thomas: 

"I was walking down the High Street in Newport and walked onto a paving slab which was uneven and I toppled over landing literally on top of Thomas. 

Joanne Moore: sued local council

"I can remember falling down and hearing a massive crack and that was his head. 

"We did  X-rays, a CT scan and he'd got a big fracture across one ear nearly all the way round to the other and another fracture going straight down and then he'd had a haemorrhage as well."

Joanne sued the local council and last year they paid £3,500 in compensation.

Not only that, they also repaved the street.

Faking it

But whilst many claims are real there's real concern that the system is not only costing councils a fortune, but also leaving them open to claims that should never have been made in the first place.

The Local Government Association says that the no win no fee culture is encouraging people who are faking it.

For example, 38-year-old David Russell tried to claim compensation after being shot with a nail gun. 

He even appeared on television to try and catch his attackers. 

But it turns out the David Russell had deliberately shot himself to get compensation money. Eventually the nails in his chest resulted in a 2 year jail sentence.

Even when the claims aren't deliberately fraudulent, Inside Out has been told that councils have to deal with hundreds of other claims that simply should not have been made.

In Staffordshire they've set up a special unit to deal with this sort of problem.

BBC Investigation

Using the Freedom of Information Act, BBC Inside Out West Midlands has obtained figures about payouts from Midlands Councils.

In most cases the claims seemed legitimate, but some of the examples, our researchers found, could make you wonder if the right money is going to the right people.

These are three examples from just one council in the region…

Case 1: Tripped on debris - general cuts and bruises - compensation payment £8200
Case 2: Tripped on raised paving - general cuts and bruises - compensation payment £10,395
Case 3: Tripped over mat in doorway - general cuts and bruises  - compensation payment £15728

BBC Inside Out has found that over £60m has been paid out by councils in the Midlands over the last 5 years. 

That’s over 35,000 claims. 

Pay for compensation or to fix problems?

Each claim has to be thoroughly investigated using tax payers money and legal costs piles up.

Is this justice? 

Edward Welsh from the Local Government Association says council simply can't afford to pay the claims - and fix the pavements:

"What's happening is that councils are having to fund legal work and that means they don’t have the money for the paving stones. 

"So people are making claims about tripping on paving stones. 

"It’s a vicious circle."