A council has been fined £280,000 for oversights that led to a six-year-old girl being crushed to death by a falling tree in her school playground.
Newcastle city council pleaded guilty at South Tyneside magistrates court to a charge relating to the death of year 2 pupil Ella Henderson, who was killed when a decaying willow tree fell on her in high winds at Gosforth Park first school in Newcastle while she was playing at lunchtime on 25 September 2020.
Her parents, Vikki and Neil Henderson, said they were “devastated beyond words” to hear in court how there was more than one occasion that Ella’s death could have been prevented.
The tree had been flagged by council workers in 2018 as needing further inspection but a number of failings meant this did not happen. It was found to have significant decay that caused the trunk to break during 38mph (60km/h) winds.
While several of her classmates sustained superficial injuries, Ella was seriously hurt and was taken by air ambulance to the Royal Victoria Infirmary, where she died in the early hours of the next day.
In a victim impact statement read by the prosecutor, Vikki described how she and Neil had “the perfect life” before the sudden death of their daughter.
She said: “There was not one thing we would have changed. We had two happy, healthy, little girls who were just the best of friends and life was amazing.
“Having lived that life, we now live with a complete hole in our lives.”
She described having an empty place at the table and an empty bed in a holiday cottage, which were a “constant reminder, not that we will ever need one, that she’s not here”.
Henderson continued: “Seeing everyone’s life move on and their kids and her friends getting older while we stay still; always with a six-year-old who will never get her front teeth is devastating.”
She added: “The hardest part is that all we did was what every other parent does every day. She should have been so safe at school and knowing that I’m the only one who doesn’t get to pick their child up every day is just the worst feeling.”
The Hendersons were present in court via video link.
Pleading guilty to a charge brought by the Health and Safety Executive under section 3(1) of the Health and Safety at Work Act, the council admitted it had failed to inspect the tree properly and had also failed to inform the school of the results of a report into the condition of the trees, which had accidentally been sent to the wrong school.
Newcastle city council offered an “unreserved apology” to Ella’s parents and admitted the tree should have been felled long before she was killed.
It has since made significant changes, such as restructuring the team that inspects the trees, giving further training to council workers, and putting in place a database of up-to-date email addresses for schools.
The council was commended by district judge Zoe Passfield for cooperating with the investigation and for pleading guilty at the earliest opportunity.
In passing the sentence, she advised it was not intended to reflect the “tragic” loss suffered by Ella’s family and said it would be “unjust” not to consider that a fine would effectively be taken from the people of Newcastle, who “have done nothing wrong”.
“I have to step back and consider the effect on the council and its ability to provide essential services,” she added.
The chief executive of Newcastle city council, Pam Smith, said the council fully accepted the sentence of the court.
She said: “We would like to offer our sincere and profound condolences and apologise unreservedly to Ella’s family for their unimaginable loss.”
