Negligent council fined after decaying tree fell and killed six-year-old girl in school playground

A council was fined £280,000 after a six-year-old girl was killed by a falling tree in her school playground while playing ballerinas with her friends.

Ella Henderson's parents said they hope lessons have been learned after their daughter died when the decaying willow tree collapsed in 2020.

Neil and Vikki Henderson said their daughter was "so loved and had so much to give this world" after they heard how she was playing with friends at Gosforth Park First School, in Newcastle, on Sept 25 2020, when a decaying tree collapsed.

According to the Health and Safety Executive (HSE), several other children were hit by the falling tree but managed to escape with superficial injuries.

But the largest and heaviest section fell on Ella, who had to be freed by emergency services and died in hospital the next day.

The HSE found the tree was in a poor condition and that Newcastle City Council had failed to manage the risk it posed.

The council pleaded guilty to breaching health and safety law and was fined £280,000 and ordered to pay costs of £8,020 at South Tyneside Magistrates' Court on Tuesday, the HSE confirmed.

'Devastated beyond words'

Mr and Mrs Henderson said after the hearing: "We are devastated beyond words to hear of the number of times that this outcome could and should have been changed.

"No family should ever have to go through what we are going through.

"We hope lessons will be learned from this and feel there needs to be better education and information around which trees are appropriate for school playgrounds and the size they are allowed to grow to."

In a statement read to court, Mrs Henderson, from Newcastle, said: "We now live with a complete hole in our lives."

She said: "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.

"When you lose a child, you live two lives - the one you should be living and the life you have to live."

Mrs Henderson said: "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.

"When I pass schools on the way somewhere and hear that innocent noise of children playing, I think, that was all she was doing. She was just playing ballerinas with her friends.

"Life is so unfair, and she was so loved and had so much to give this world."

'Ella's death was entirely avoidable'

Victoria Wise, HSE principal inspector, said: "The tree that collapsed and hit Ella Henderson in the playground at Gosforth Park First School had decayed and was in a poor condition.

"Newcastle City Council had failed to identify the extent of the decay or to manage the risk posed by the tree.

"This had terrible consequences and Ella's death was entirely avoidable."

Pam Smith, chief executive of Newcastle City Council, said the authority fully accepted the sentence of the court.

She said: "Ella's death was a devastating tragedy, and our hearts go out to her family and friends.

"Whilst we take our health and safety responsibilities very seriously, we fully accept that there were failings in our processes which is why we have taken the opportunity to plead guilty to the offence at the first available opportunity."

Ms Smith said the council had reviewed its processes and put in place new procedures to prevent an incident like this happening again.