Health and Safety Executive to prosecute city council over death of girl hit by falling tree at school

Newcastle City Council is to be prosecuted after a six-year-old girl died at her primary school as a result of a falling tree.

Ella Henderson was hit at Gosforth Park First School on 25 September 2020. She passed away at the Royal Victoria Infirmary, Newcastle, the following morning.

Announcing the prosecution, the Health and Safety Executive (HSE) said the council would face a charge under section 3(1) of the Health and Safety at Work etc. Act 1974.

Section 3(1) of the 1974 act says: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

The charge follows an investigation by HSE, initially led by Northumbria Police.

The first hearing is scheduled to take place at South Tyneside Magistrates’ Court on 10 January 2023.

A spokesperson for Newcastle City Council said: "This was a tragedy and our thoughts are with Ella's family.

"It would be inappropriate to make any further comment at this stage as legal proceedings are on-going."

Adam Carey