Risk Management

1. Risk Management
Daniel Monk BSc (Hons) M.Arbor. A Arboricultural & Woodlands Officer 10/07/2011

2. There are only two reasons why Tree Officers are employed
by Local Authorities (LA)
4.Duty of Care under Risk Management
(looking after the LA tree stock)
6.Duty to protect trees under the Town & Country Planning
Act 1990 section 197 & 198
Every LA should be employing a Tree Officer

3. Case Law & Cases
Birmingham Ash tree failure 1999
Poll vs Bartholomew 2006
Portsmouth School 2003
National Trust Durham 2007
Wandsworth Common
2002
Bowen V
National Trust 2011

4. Duty of Care
Legislation
 The Health & Safety Act 1974 (Section 3 ‘duty of care to the public)
 Management of Health & Safety regulations 1999 Part 3 ‘Risk Assessments’
 The Owners & Occupiers Act 1957 & 1984 ‘invited & uninvited guests’
 The Corporate Manslaughter & Corporate Homicide Act 2007
result of serious management failures resulting in a gross breach
of a duty of care.
− Improvement notice.
− Corporate Negligence.
− Controlling Mind.
− Corporate Governance.
Definition of an accident OED: an unforeseen event or without apparent
cause.
Accidere to happen.
Serious tree defects can be foreseen hence a failure can be identified.

5. Further Legislation & Government Advice.
 The Highways Act 1980 Section 154
 The Local Government (Miscellaneous Provisions) Act 1976
Key word ‘imminent’
 The Trunk Road Manual
Government Circular 90/73- Inspection, Maintenance and Planting of
Roadside Trees on
Rural Roads
 Government Circular 52/75- Inspection of Highway Trees
Both 90/73 & 5275 have now been superseded by ‘Well Maintained
Highways: Code of Practice for Highway Maintenance Management
Department of Transport 2005

6. Further Legislation & Government Advice.
 HSE Sector Information Minute (SIM 01/2007/ 05) Management of Risk
from Falling Trees
 Legal cases and case law
 Guidance from Professional bodies e.g. Arboricultural Association,
Forestry Commission, LANTRA
 Management Plans, Strategies, Procedure and Policy

7. Acceptable levels of risk
Source HSE & BMA
1- 1 000 acceptable risk in the working environment.
1- 100 000 acceptable public risk.
The chances of being killed or seriously injured by a tree is
1- 10 000 000= 6 people a year.
However, even though the risk of a tree fatality or injury
is low this is not an excuse to not survey ones trees and this low figure
can also be accounted to the current good Arboricultural management of the
tree stock within LAs.
It’s all about what’s considered reasonable with the resources available and the
different levels of inspection i.e. drive buys, Park keepers farmers, home owners….
Entering a rural woodland or environment then the emphasis would be on the walker
taking and accepting responsibility in such an environment.

8. In order to discharge our Duty of Care
One must:
 Regularly inspect their trees.
 Record the inspections.
 Prioritise areas
 Prioritise works
 Schedule works
 Sign off works
 Next inspection date

9. Cyclical Works Schedule 2007-2013
2010-2011 2011-2012 2012-2013
April-Aug Sep-Mar April-Aug Sep-Mar April-Aug Sep-Mar
Oxhey Carpenders
Hall Park Croxley Green Leavesden Sarrett Moor Park
Maple Croxley Green Chorleywood
Hayling Cross North Langlebury East & West Eastbury
Croxley Green Bedmond & Rickmansworth
Northwick Mill End South Primrose Hill West
Abbots
Ashridge Penn Langley Rickmansworth

10. To date
 Before April 2007 no formal Tree Surveys had been undertaken within TRDC
 Paper Surveys were implemented after 2007.
 Trees in Town 2 states all LAs should now have computerised databases
 Confirm Arb. is now in use.
 Failure list, further mechanical investigation, storm spread sheet, condition of
the Tree Stock etcetera.
 Current British Standard being drafted for tree inspections and a national
fatalities/ injury list.
Proactive verses Reactive Tree Management?
An incident then- A Defendable System?
Better to be prosecuted for human error rather than negligence.
You can be found negligent for not implementing works.

11. Not Acceptable
It is not acceptable to hope that the Insurance will pay out for a failure.
Insurance companies may not pay out if regular tree surveys
are not being carried out.
A tree on the rail line costs £250 000 for every 20 minutes of no service.
You will be charged if you cannot produce a valid tree survey.
A tree fatality or personal injury claim is the biggest possible payout
an Insurance company/ LA can experience running into millions.

12. Ivy Riverside Drive

13. Fatality at Clapham Common – August 2008

14. TfL

15. Tree collapses into Ebury Park play area, near
Rickmansworth Aquadrome

16. Thrive Homes

17. Thrive Homes

18. Collateral Damage
Barnet High Street

19. Ash tree
in high risk area,
Gosforth Lane
South Oxhey

20. Felled Ash on Gosforth Lane, South Oxhey

21. South Oxhey Playing Fields

22. South Oxhey Playing Fields

23. South Oxhey Playing Fields

24. South Oxhey Playing Fields

25. South Oxhey Playing Fields

26. South Oxhey Playing Fields

27. South Oxhey Playing Fields

28. Picus

29. References
Britt, C. Johnston, M. Tree in Town 2 DCLG 2007
Government Circular 52/75- Inspection of Highway Trees
Government Circular 90/73- Inspection, Maintenance and Planting of Roadside
Both 90/73 & 5275 have now been superseded by ‘Well Maintained Highways:
Code of Practice for Highway Maintenance Management Department of
Transport 2005
HSE Sector Information Minute (SIM 01/2007/ 05) Management of Risk
from Falling Trees
Management of Health & Safety regulations 1999 Part 3
The Corporate Manslaughter & Corporate Homicide Act 2007
The Health & Safety Act 1974 (Section 3 ‘duty of care to the public)
The Highways Act 1980 Section 154
The Local Government (Miscellaneous Provisions) Act 1976
The Owners & Occupiers Act 1957 & 1984 ‘invited & uninvited guests’
The Trunk Road Manual 1980

30. Any Questions?