Newcastle Council fined £280,000 after falling tree killed six | Newcastle

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A council has been fined £280,000 for an oversight that resulted in a six-year-old girl being crushed to death by a falling tree on her school playground.

Newcastle City Council has pleaded guilty at South Tyneside Magistrates Court to a charge relating to the death of Year 2 student Ella Henderson, who was killed when a decaying willow tree fell on her in high winds at Gosforth Park One School in Newcastle while she was playing at lunchtime on 25 September 2020.

Her parents, Vicky and Neil Henderson, said they were “absolutely devastated” to hear in court how Ella’s death could have been prevented on more than one occasion.

The tree was flagged by council workers in 2018 as needing further inspection, but a number of failures meant this did not happen. Significant decay was found causing the stump to break off during winds of 38 mph (60 km/h).

While many of her classmates had superficial injuries, Ella was seriously injured and was taken by air ambulance to the Royal Victoria Hospital, where she died in the early hours of the next day.

In a victim impact statement read by the District Attorney, Vicki described what she and Neil had a “perfect life” prior to their daughter’s sudden death.

She said: ‘There wasn’t a single thing we would change. We had two happy, healthy little girls who were just best friends and life was great.

“Having lived that life, we now live with a complete hole in our lives.”

She described having an empty spot at the table and an empty bed in a holiday cottage, which was a “constant reminder, not that we’ll ever need one, that she’s not here.”

Henderson continued, “Seeing everyone’s lives move forward and their kids and friends grow up while we stay still; always with a six-year-old who will never get her front teeth in, it’s devastating.”

She added, “The hardest part is that everything we did is what every other parent does every day. It should have been so safe at school and knowing I’m the only one who can’t pick up their child every day is the worst feeling.”

Henderson was present in court via video link.

The Board pleaded guilty to a charge brought by the Health and Safety Department under section 3(1) of the Health and Safety at Work Act, and admitted that it had failed to properly inspect the tree and also failed to report to the school the results of a tree condition report that had been mistakenly sent to the wrong school.

Newcastle City Council offered an “unreserved apology” to Ella’s parents and admitted that the tree should have been cut down long before she was killed.

It has since made significant changes, such as restructuring the team that inspects trees, offering more training for council staff and creating a database of up-to-date email addresses for schools.

District Judge Zoe Busfield commended the council for cooperating with the investigation and for pleading guilty at the earliest opportunity.

In issuing the sentence, she advised that it was not intended to reflect the “tragic” loss suffered by Ella’s family, and said it would be “unfair” not to consider that the fine would actually be taken from the residents of Newcastle, who “have done so”. Nothing wrong.”

She added, “I have to step back and look at the impact of this on the council and its ability to provide basic services.”

Newcastle City Council chief executive Pam Smith said the council had fully accepted the court’s ruling.

“We would like to offer our sincere and deepest condolences and apologize unreservedly to Ella’s family for their unimaginable loss,” she said.

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