Newcastle City Council has been fined £280,000 after admitting failings that led to the death of a six-year-old girl who was crushed by a falling tree in her school playground. Ella Henderson died when a decaying willow tree fell on her during high winds at Gosforth Park First School on 25 September 2020.
The council pleaded guilty at South Tyneside Magistrates' Court to a charge under the Health and Safety at Work Act. The court heard that the tree had been flagged for further inspection in 2018 but due to multiple failings, the inspection never took place. The tree had significant decay, causing the trunk to break in 38mph winds.
Ella's parents, Vikki and Neil Henderson, said they were 'devastated beyond words' to learn that her death could have been prevented on more than one occasion. In a victim impact statement, Vikki described the 'complete hole' in their lives and the pain of seeing others move on while they remain 'always with a six-year-old who will never get her front teeth'.
The council offered an 'unreserved apology' and admitted the tree should have been felled long before the incident. Since then, it has restructured its tree inspection team, provided further training, and implemented a database of up-to-date school email addresses. The council was commended for its cooperation and early guilty plea.
District Judge Zoe Passfield noted that the fine was not intended to reflect the tragic loss but considered the impact on the council's ability to provide essential services. Council chief executive Pam Smith said the council fully accepted the sentence and offered sincere condolences to Ella's family.
