CASH-strapped Thurrock Council has refused to pay for damage to a Tilbury grandma's home despite the fact that its contractors admitted responsibility for the damage.

Susan Nelder lives on Brennan Road, where her house is set back from the road and the grass verge and paving. In September council contractors were working on the grass verge and using cutting machine which dislodged a piece of debris that flew towards Mrs Nelder's home and smashed a glass door in her porch.

Mrs Nelder was in her home at the time and when the glass panel was struck she went to the front of the house to see what had happened. The workers immediately acknowledged that their work had caused the problem and admitted liability and gave Mrs Nelder contact details at Thurrock Council so she could seek compensation or get repairs carried out.

At that point there seemed little by way of a problem and Mrs Nelder told Nub News: "I was shocked and the incident unnerved me a bit but the workers were very honest about what happened and told me that when things like this happened the council accepted responsibility.

"However, that has not proved to be the case. This has dragged on for months and now the council and its insurers say it's not their fault and they won't pay. If I have to pay for it I cannot recover the money because of the excess on my insurance. We are talking about a cost to replace and install the glass of £300 at most.

"As well as the worry about the cost, I have not been able to use the front door because of the remaining glass shattering."

Thurrock Council has declined to respond to Thurrock Nub News after we made initial contact with it last month and identified the problem. Nor have the council responded to calls by ward councillors Steve Liddiard and Kairen Raper who we also informed about the incident.

Early in November Cllr Raper told Nub News: "This is a very worrying issue. I have forwarded the information to the appropriate officers and hope the matter will be dealt with quickly."

At the same time Cllr Liddiard contacted the council's environment department and said: "A granny had her front door glass smashed (by council workmen) and Thurrock Council has refused to repair. If it is accurate, it is gross negligence and relates to shortage of cash in the budgets.

"Please tell me when this policy was changed and which officer is responsible?"

Neither councillor has had any satisfaction to their enquiries and, when told this week that the matter remains unresolved Cllr Liddiard said: "It is absolutely disgraceful. This lady's property was damaged, that is unquestionable. What do officers at the council think happened – the glass was cracked by magic? Clearly responsibility lies with the council. These things happen, there will always be accidents, but if the council workmen hadn't been there working, Mrs Nelder's porch would still be in good order.

"Who else is to blame or take responsibility if not the council.

"I feel that the council's insurers are considering negligence rather than accident rules. I think this is unfair to a vulnerable person who will have to pay the excess and lose no claims bonus. This is no fault of the resident."

Mrs Nelder has shared with us two messages, from the council itself and its insurers.

The council's internal insurance department told her the authority was 'sorry to learn of this incident' and she felt the council had been negligent. An officer said: "I must advise with a public liability claim there is no automatic right to compensation; before any recompense can be made it will be necessary for you to demonstrate that there has been negligence on our part. If we have taken all reasonable precautions to prevent this type of incident, then we may not be held liable."

And that view has been backed up by the council's insurers, Zurich.

Its spokesperson said: "We would like to state how sorry the council is that this unfortunate accident occurred. Nothing we write is intended to detract from that sentiment.

"The council does however have to assess carefully the liability claims it receives and it would not be appropriate for it to offer to pay compensation unless it feels there may be liability under established case law.

"In this case we maintain that the council took all reasonable precautions to prevent this type of incident and is therefore not liable. We consider, from the information and evidence that we have seen, that our customer cannot be held responsible for it.

"Our customer has informed us that, in accordance with its standard procedure, the area concerned was carefully checked for any obvious stones and debris before work started. The machinery itself is fitted with suitable guards and was being operated in accordance with the manufacturer's instructions and guidelines.

"We would emphasise that, whilst all possible care is taken to ensure there are no stones or pieces of debris that could be cast up by the machinery, it is not reasonably possible to locate every piece on a grassed or open area where stones or debris might be embedded in the soil.

"For these reasons, we consider that our customer has taken all reasonable precautions to prevent this type of incident. We regret, therefore, that we must conclude that our customer is not liable for this incident."

Mrs Nelder told Nub News: "Whose fault is it then? I cannot believe that Zurich find Thurrock Council is not responsible for the damage to my property. I was sitting in my house when their contractors damaged my porch. I know it was an accident, not intentional but the workers who caused it confirmed it was caused by the work they were doing.

"We are talking £300 but it seems that is too much for Thurrock Council to pay out. I just can't believe it and how unfair this is."

Mrs Nelder's grandson George Pluck said the council had not responded to further contact disputing its decision and said: "It's now at a point where it's causing great distress to my nan, being a house proud lady with such an unsightly view from the front of her home and not being able to use her front door.

"With the change in weather the glass has begun to fall from the door gradually, which is creating more of a safety concern for my nan, and also a security concern.

"It's just so hard to understand why the council won't acknowledge that it has responsibility for the accident. The workmen said it was their fault and if it wasn't, how did it happen."

Cllr Liddiard says he will now be repeating his call for the council to pay up and resolve the situation, saying: "We are talking £300. In contrast the council is spending millions on its new and largely unwanted offices. It's OK for council officers to have brand spanking new offices, but not for a Tilbury grandmother to have safety and security in her own home. It beggars belief."