Thank you. The reason that I asked how everybody knew it was a black spot was because the status of your knowledge as to whether it was a black spot would be very relevant as to whether you were partly negligent for going into such a spot.
Unfortunately, there is no absolute duty on the local authority to provide CCTV and indeed, it’s a relatively new innovation which to all intents and purposes did not exist 30 years ago.
To bring a claim against the council, either the council would have needed to create the problem and not simply be aware of its existence Or there would have to be a statutory duty on the local authority to provide CCTV.
There is no statutory duty.
I’m sorry to say that I think any claim that you brought would fail but probably not for the reason you think. I think it would fail for fear of “opening the floodgates”. This is a legal decision made by the courts which was recently used in a case of Hill v Chief Constable of West Yorkshire.
If there was a duty on the local authority to provide CCTV, and they didn’t do so, it would lead to a raft of claims the people who have been on the receiving end of an incident which could have been but was not covered by CCTV. I’m sorry to say that it isn’t one that I would be taken to court with any hope of winning unless you had a lot of money to fund the legal costs. I think it unlikely that you would find a firm of solicitors that would take this on a no win no fee basis.
You can of course make a complaint to the local authority and if that doesn’t bear fruit, you can make a complaint to the Local Government Ombudsman but I doubt very much that compensation is going to be forthcoming.
If the matter had been discussed in the Council and they had taken the decision not to put CCTV in this area, you could apply for judicial review of the decision. That’s probably going to cost you £10,000 or so if you lose so it’s not going to be underta***** *****ghtly. However even if successful, it would not necessarily reverse the decision it would only make the council revisit the decision as to whether to install CCTV or not. The end decision may be the same. Even if they come to the conclusion that they should have install CCTV and they decide to do so now, it will not provide you with any compensation.
I’m sorry, I know it’s not the answer you wanted but nonetheless, does it answer the question?
Can I answer any points arising from this?
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