Laura Sharman 21 July 2020

Council fined after fatal tree branch accident

Wirral Borough Council has been fined £100,000 after a pregnant woman lost her baby when a tree branch fell and hit her moving vehicle.

The woman, who was 36 weeks pregnant, was struck in the stomach after a large branch fell from a tree while she was driving her two other children to school.

Elizabeth Stear was taken to hospital where her baby was delivered by an emergency caesarean, but sadly only lived for 15 hours.

An investigation by the Health and Safety Executive (HSE) found the council failed to identify and manage the risks from falling trees and branches. It also failed to properly inspect trees despite a similar incident occurring in January 2015.

The council pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974 and was fined £100,000 and ordered to pay costs of £49,363.

HSE inspector, Rohan Lye, said: 'There are no winners in this sad case. councils have a duty to proactively assess and control risks to members of the public. This tragedy could so easily have been avoided if the risk had been identified, warnings had been heeded and an adequate tree management system had been implemented.'

Cllr Julie McManus, Wirral Council cabinet member for community services, said: 'I would like to reiterate my deepest sympathies to Mr and Mrs Stear and their family. I know there are no words that could make things any better for the family, but on behalf of Wirral Council I would like to apologise unreservedly for the failings which contributed to their tragic loss.

'The issues that were highlighted as a result of the investigation that followed Lucia’s death – and which formed the basis of this case - have led to substantial investment by Wirral Council in how it now manages tree inspections.'

SIGN UP
For your free daily news bulletin
Highways jobs

Chief Executive

Ebbsfleet Development Corporation
up to £165,000
Ebbsfleet is one of the UK’s most ambitious regeneration projects, a 21st-century Garden City Ebbsfleet, Kent
Recuriter: Ebbsfleet Development Corporation

Assistant Director Strategy & Community Regeneration

Newcastle City Council
£100,592 - £106,591 per annum
Newcastle is a city fast gaining a reputation for its innovation and progress. Newcastle, Newcastle Upon Tyne
Recuriter: Newcastle City Council

Contract Management and SRM Officer

The Royal Borough of Kensington & Chelsea Council
Negotiable
Strengthen how we manage our contracts, build lasting supplier partnerships and deliver value for our residentsStrengthen how we manage our contracts, England, London, City of London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Play Ranger

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £47,229 (pro rata for part time post)
Play Ranger£38,97... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Temporary Accommodation Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £47,229 per annum
As with many other Boroughs in the capital, tackling homelessness is a high priority. The Temporary Accommodation Procurement Officer will be required to source new business to increase the supply of properties based on the demand by building relationship 90 Putney Bridge Road, Twickenham
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner