North West council hit with £500,000 fine after death of dog walker

Cheshire East Council has been fined £500,000 after an investigation by the Health and Safety Executive (HSE) found that the death of a dog walker in August 2020, killed by a falling tree, might have been avoided had the public area been better managed.

Christopher Hall, 48, from Wilmslow, was walking his dog in one of the town’s parks, The Carrs, when the large limb of a tree fell and struck him.

He received multiple injuries and died at the scene.

The HSE’s investigation revealed that less than a year before, another large section from the same tree had fallen off but the incident was never investigated by the council or its ground maintenance company Ansa Environmental Services Limited (Ansa).

The judge decided that this incident should have “acted as a wake-up call”.

However, the council did not have a formal overarching tree strategy to manage the risks from trees in public places, and Ansa had no robust tree management policy.

Cheshire East Council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work Act 1974.

The council was fined £500,000 and ordered to pay £7,284 costs at a hearing at Chester Magistrates Court on 8 November 2024.

Ansa did not receive any further penalty, despite also pleading guilty to breaching the same section. It was ordered to pay a nominal fine of £500.

In passing sentence, the District Judge said it would have been disproportionate to impose fines on both.

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.”

Sherlock added: “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.”

Rob Polkinghorne, chief executive of Cheshire East Council, said: “We extend our sincere condolences and apologies to Mr Hall’s family and other loved ones.

“Since the incident at the Carrs, Wilmslow in August 2020, the council and Ansa have reviewed tree management processes and adopted a new tree management strategy to improve risk management of trees on council-controlled land.”

Harry Rodd