The senior citizen is now having to take the council to court to get them to stump up the money for the repair.

Margaret McGillivray wasn't too angry about the window being broken by a stone churned up as workmen cut grass near her home — particularly since they were good enough to leave a note apologising and she thought all she had to do was wait until the council replaced the glass. But it has been a long wait — TWO YEARS to be precise.

Mrs McGillivray is now worried the taped-up glass will collapse and cause a serious accident if her grandchildren run near it.

She is set to take the council to the Small Debt Court — trouble is, she has to pay for the repair first and then go to court for recovery of her outlay.

Margaret told the Herald: "I have been treated shabbily by the council. The worker was honest but the bosses have been mean. When I had no joy with officials I tried to get Councillor Fiona Risk to sort things out for me, but she couldn't."

MSP Gil Paterson has now taken up Margaret's case and is right behind her on the court action.

He told the Herald: "I believed I could sort this out for Mrs McGillivray when she contacted me and assumed there had simply been a breakdown in communication between her and the council.

"But I couldn't be more wrong — despite going to the chief executive I have had no joy. It's ridiculous, the woman has been quoted more than £300 for a replacement for the glass — but the council could have done the job for a fraction of that cost."

In response to the Herald's inquiry the council said they sympathised with Mrs McGillivray's plight, but added: "We do not dispute the window was damaged by a stone thrown up by the lawnmower, indeed a note was left to advise of the accident.

"When dealing with the claim, the council's liability insurers considered whether the council was legally liable for the damage. After careful investigation, they believe that the council took all reasonable practical precautions to prevent this happening and was therefore not liable for the damage."

Mrs McGillivray was advised by the council to claim her own insurance but when she investigated that route she learned she was not covered for the damage and even took out a new policy — but it was not retrospective.

She says she still finds it unbelievable that she is being left to foot the bill and added: "My grandchildren who were babies are now on their feet and I'm terrified to leave the glass taped up any longer in case it collapses if one of the children go near it.

"I've been pushed into forking out over £300 on the grounds of safety — it just doesn't seem right the council can hide behind what they call a legality."

Mr Paterson believes the legal issue aside, the council has a moral duty to effect the repair and yet hopes Mrs McGillivary will not have to be put through the trauma of court proceedings.

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