Council Prosecuted Following a Fatal Accident Caused by Part of a Falling Tree

On 8 November 2024, Cheshire East Council pleaded guilty to breaching section 3(1) of the HSAW 1974,  when a large limb of a tree fee and struck a 48 year old visitor in a public park who was out walking his dog in August 2020.

The Court sentenced the Council to a substantial fine of £500,000.

The HSE brought a prosecution after investigations revealed that approximately a year before the tragic accident in September 2019, another large limb from the same tree had fallen but that incident was never investigated by the Council or its ground maintenance contractor.  The absence of an investigation missed the opportunity of identifying whether the tree posed a future safety risk.  The Council was found to have no formal overarching tree management strategy and the contractors had no robust tree management policy in place.

The case mirrors a similar prosecution brought by the HSE against Staffordshire County Council for a falling tree incident which led to a tragic fatality following an incident in October 2019.

The lessons from that incident that we commented upon in this article  are equally applicable in this case.

Local Authorities need to ensure that they have a robust system of inspection and policy in relation to tree management.  It is not sufficient enough that the tree management has been contracted out to external contractors.  The primary duty under the Health and Safety At Work Act falls on the primary duty holder e.g. the Council as owner of the public park.

Councils are reminded to have regard to HSE guidance on tree management found at Management of the risk from falling trees or branches - FOI - HSE.

If you require further information please contact Ridwaan Omar, Head of Regulatory Insurance and Tim Smith,  specialist lawyer in Environmental Claims and Tree claims.