A school academy trust has been fined and a man given a suspended prison sentence after a member of the public was hit by a falling tree branch.
Bishop Bewick Catholic Education Trust and gardening services provider Nicolas Thépot (trading as ‘The Green Yem’) both pleaded guilty to health and safety breaches following the incident, which left a 68 year-old with serious injuries.
Gillian Gardner had been walking her dog on the pavement along West Road in Newcastle when she was hit by the falling branch, which, as a result of the impact, knocked her on to the road and into the path of incoming traffic.
The incident took place on 9 August 2022. Thépot had been contracted by the trust to fell two trees in the grounds of St Cuthberts Catholic High School on Gretna Road. He and a young apprentice set about the work and having climbed one of the trees, Thépot was using a chainsaw to remove branches and sections of the trunk. He had been using a rope to tie to the branches to be removed, with his young apprentice tasked with pulling each one inside the school boundary as they fell. However, it was during this operation that the rope snapped, causing both it and the falling branch to crash into Mrs Gardner and her dog.
An investigation by the Health and Safety Executive (HSE) found that Thépot had no training or qualifications in arboriculture or in the use of chainsaws. He was using an unsafe method to fell the tree, by carrying out aerial chainsaw work above the open footpath and road.
The investigation also found Bishop Bewick Catholic Education Trust had made no checks on Thépot’s experience, competence or qualifications.