Injury Claim Against Local Council Through Zurich - Scotland

[BankFodder]

No problem in sending them the information they are asking for. I hope you took pictures of the pothole et cetera in the cemetery.

It will be interesting to go back there now and see if it has been repaired. If there has been repaired then that would suggest that the council has since realised that the work needed to be done.

I would send an SAR to the council. I would also send an FOIA request to the council asking them for all copies of any discussions, correspondence, assessments, reports, notes, memoranda relating to the conditions or works at the cemetery from – say, six months prior to the incident until now.

See what that turns up.

Also you need to make sure that you have got all copies of medical reports and go and see the GP for up-to-date assessments. Make full notes of all difficulties being suffered, pain, inconvenience – everything the lot.

Also, get a report from someone authoritative which makes it clear that she is unable to do ballet or to take part in the next Olympics.

[BankFodder]

There is no reason for it to take years if you want to push it forward.

Ultimately when you have got all your information together, if it all looks good then you could consider simply suing the council. That will put pressure on everybody to get a move on.

It might almost be better getting all the information from the council before you respond to the request from the insurance company. You will be in a more powerful position if you are fully informed. Good preparation as was the key to these things.

A particular difficulty will be understanding what her injuries are worth.

[BankFodder]

Use our subject access request template.

 

For the FOIA request write a letter and refer to the areas which I have indicated above

[BankFodder]

9 hours ago, whiteadder said:

OK I edited the letter to cover the period of injury and referenced to the compensation claim. Also deleted the last two paragraphs, unless anyone thinks there is a specific reason why I should include legal threats at the end? I think the letter is strongly worded enough as it is.

 

You should not reference any specific incident because you should not put the target of your SAR on enquiry and also you should do nothing to limit the scope of your disclosure request.

In terms of the tone of it, if it is not to your taste then miss that part out but the most important thing is to send them a statutory request expressed as broadly as possible without giving any particular clues as to what it's about

9 hours ago, whiteadder said:

Does this sound OK?

Freedom Of Information Request 

In relation to my insurance claim for injury sustained while visiting the cemetery grounds at XXXXX on XX-XX-XX (ref. No. XXXXXXXX) I hereby write to you to request the following information, as per my legal entitlement within the Freedom Of Information Act 2000: 

Please provide me with all copies of any discussions, correspondence, assessments, reports, notes or memoranda relating to the conditions of, or works planned or undertaken within the cemetery grounds at XXXXX from the XX-XX-XX until the present date.

No. For the reasons given above