Care home fined for failing to provide a system to manage trees

Bupa Care homes has pleaded guilty to failing to provide a system to manage trees on a care home site in Southampton, which led to a lime tree falling onto an eight-year-old child causing serious injury.  
 
The HSE report states the lime tree was diseased with a common fungus which had likely been rotting for several years prior to the accident. The decayed tree fell on the child who was walking on the pavement outside the entrance to the care home.  Unfortunately, the child’s leg was amputated as a result of the injuries sustained by the falling tree.  
 
In contrast to the case detailed in last week’s BALI newsletter, an investigation by the HSE revealed Bupa Care Homes had failed to implement any strategy to manage the trees, including adequate risk assessment, proactive surveys, inspections and monitoring of trees, which would have identified the need for remedial works and prevented the tree from falling.
 
As with the case discussed in last week's newsletter, Section 3(1) of the Health and Safety at Work etc. Act 1974 was breached. Bupa Care Homes received a fine of £400,000 and were ordered to pay costs of £3,275 and a victim surcharge. 
 
The Health and Safety Executive (HSE) provide guidance on their website, detailing what actions are required by duty holders to stay within the law. 
 
Due to the low risk (the HSE website states each year between 5 and 6 people in the UK are killed when trees or branches fall on them, and of those around 3 people are killed each year by trees in public spaces), the requirements are not onerous, however, systems must be in place to control risks from trees to employees, contractors and members of the public.

Further Reading:

HSE Press Release
HSE article: Management of the risk from falling trees or branches