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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Policy and Reporting Officer (Grade H)

Nottingham City Council
£40,777 – £44,075
You will help ensure staff have access to clear and effective guidance that supports consistent and high-quality practice. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Practice Lead (Grade I)

Nottingham City Council
£46,142 - £49,282
This is an exciting opportunity for an experienced social worker Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Lead Child Protection Practitioner (LCPP) (Grade J)

Nottingham City Council
£51,356 – £54,495
You will promote best practice, support continuous improvement and help drive positive outcomes for children and young people. Nottingham, Nottinghamshire
Recuriter: Nottingham City Council

Strategic Director of Corporate and Governance Services

Isle of Wight Council
Grade 19, from £115,794 to £124,441 per annum
This pivotal leadership role sits at the heart of our council and will give you an opportunity to truly influence organisational success Isle of Wight
Recuriter: Isle of Wight Council
Linkedin Banner