Council fined £280,000 after girl, 6, killed by decaying tree that 'should not have been standing on that dreadful day'

10 January 2023, 19:50

Ella Henderson died from her injuries in hospital
Ella Henderson died from her injuries in hospital. Picture: Alamy
Kieran Kelly

By Kieran Kelly

Newcastle City council has been fined £280,000 after a six-year-old girl was killed by a tree in her school playground.

Ella Henderson died from her injuries in hospital after part of the tree collapsed on her at Gosforth Park First School, Newcastle, on 25 September 2020.

The council has admitted to breaching safety laws, with a court hearing that the incident was preventable.

Ella's parents have spoken of their devastation, saying that she had "much to give" and leaves "a complete hole".

The tree, which injured several other children, was in a "poor condition and should have been felled, South Tyneside Magistrates' Court heard.

It was significantly decayed, and its trunk broke during 38mph winds.

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Gosforth Park First School in Newcastle
Gosforth Park First School in Newcastle. Picture: Google

Health and Safety Executive (HSE) prosecutor James Towey said a "large section" of the tree next collapsed in strong winds.

The weight of the tree meant school staff were unable to remove Ella from underneath the tree, he added.

Newcastle City council also admitted it had failed to properly emphasise that the school should carry out further inspections of the tree.

Representing the council, Ben Compton KC offered an apology to Ella’s family, ChronicleLive reports.

He said: “The bottom line is that that tree should have been felled. It should not have been standing on that dreadful day.”

Following her death, Ella’s family released a statement saying: “We feel incredibly blessed to have had her in our lives. We had the perfect family and she will live on in our hearts.”

Her family previously raised some £30,000 for the Great North Air Ambulance Service after it responded to the incident.

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