Cheshire East Council fined for 'senseless' death of Wilmslow dad
By Nub News Reporter
11th Nov 2024 | Local News
Cheshire East council has been fined £500,000 after a tree limb fell and killed a man walking his dog in a public park.
Father-of-one Chris Hall was out with his cocker spaniel Benson on a path in The Carrs, a woodland area in Wilmslow on 28 August 2020.
The 48-year-old suffered fatal injuries when a "limb" from the Lime tree hit him as he walked on a path nearby.
Just 11 months before, in September 2019, another large limb of the same unstable tree had fallen.
It had been reported to Cheshire East Council and Ansa Environmental Services Ltd, their grounds services contractor owned by the council at arms length, so the entity could take on private non-council work.
But apart from a visual inspection by Ansa, no real action had been taken, despite "significant" structural issues, Matt Reynolds, prosecuting, for the Health and Safety Executive (HSE) told Chester Magistrates Court.
The HSE investigation found no adequate inspection of the tree had been carried out to find out if it posed a risk and the council had no tree strategy to manage the risks from trees in public places even though other Ansa staff had expressed concern about the health of the tree.
Both the local authority, and Ansa, pleaded guilty at an earlier hearing to breaching section 3 (1) of the Health and Safety at Work Act by exposing the public to risk.
In a victim personal statement, Mr Hall's wife Fiona said her husband "loved life and life loved him".
"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."
An investigation by the HSE found a large limb had fallen from the tree in September 2019.
Despite this, no investigation was carried out to see whether the tree posed a future risk.
Mr Hall's son Sam said the last four years had been "a long, painful trail - a path we never wanted to be on".
He added: "Losing dad was losing my life and strength. I miss every little piece of him – his laughter, wisdom, and adventures we shared.
"Our travels ignited a passion in me, but now every journey feels bittersweet without him."
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."
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