Cheshire East Council has been fined for failing to ensure the health and safety of a man who was struck and killed by a falling tree.
Christopher Hall (48) was struck by the tree as he was walking his dog in The Carrs, a park in Wilmslow. On 28 August 2020, a large tree limb fell on top of him, inflicting multiple injuries. Mr Hall died at the scene.
The Health and Safety Executive (HSE) investigated the incident. They found that a previous incident less than a year before, in September 2019, had seen another large limb fall from the same tree.
After hearing this, the District Judge remarked this should have “acted as a wake-up call” to Cheshire East Council and its ground maintenance company, Ansa Environmental Services Limited.
HSE found that neither the council nor Ansa Environmental Services had investigated the 2019 incident to assess the risk this tree posed. The council had no formal tree strategy to manage the risks of falling trees and tree limbs.
Such a strategy should have been based around ‘zoning’, a process that prioritises proactive checks on trees in public places. This is usually based on how frequent the public access these areas.
Mr Hall’s wife Fiona released a victim personal statement, saying her husband “loved life and life loved him”.
What is a health and safety policy for?
Get instant, expert answers to your HR questions...
“Seeing his face, you will get a sense of who Chris was, what he meant to those around him and what we have lost,” she said.
“His image serves not only as a tribute to the most amazing man but also a focal point and brutal reminder of why seeking justice matters so very deeply.
“Chris loved life and life loved him.
“His death was utterly senseless and wholly avoidable.
“He was simply walking our dog on a dry, warm, summer’s day.
“His loss is colossal, his absence is immense and he leaves a void that can never be filled.”
At Chester Magistrates Court on 8 November 2024, Cheshire East Council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974. They were fined £500,000 and ordered to pay £7,284 costs.
Ansa Environmental Services Limited of Middlewich, Cheshire also pleaded guilty to breaching 3(1) of the Health and Safety at Work Act 1974. However, there was no separate penalty imposed on the company. Instead, they were ordered to pay a nominal fine of £500. In passing his sentence, the District Judge said it would have been disproportionate to impose fines on both.
Speaking after sentencing, HSE Inspector Lorna Sherlock said:
“This was an utterly tragic event that has caused the death of a much-loved husband and father.
“Had this public area been better managed, this death might have been avoided. No lessons were learned from the limb falling off the tree less than a year before.
“Cheshire East Council had not adopted a formal overarching tree strategy to manage the risks from trees in public places since it was formed in 2009.
“There was no overarching, consistent risk identification process leading to zoning of trees in all frequently accessed public areas.
“Fiona and the family have shown great courage and fortitude throughout their ordeal.”
Visit BrAInbox today where you can find answers to questions like
What is health and safety documentation?
Blog
Gavin Scarr HallDirector of Health and Safety
Blog
Peninsula Team
Blog