It has recently been reported that a Duty Holder pleaded guilty to breaches under health and safety law after a decaying tree collapsed in a school playground killing a 6-year-old pupil.

In summary, the Duty Holder had failed to correctly deal with a Hazard (Danger) which involved a member of the public, in this case, a child, using amenities for which the Duty Holder had a legal responsibility to safely manage.

Health and Safety Law imposes general duties on those who control premises to identify potential hazards associated with their (commercial) premises and control those hazards to prevent harm or injury. This Duty extends to anyone who may be adversely affected, including the public.

In this case, the Duty Holder was aware of the potential hazards associated with trees on property it was responsible for but had failed to act once it became aware that the tree posed a significant risk.

This case focuses on tree safety, although it should act as a reminder to those responsible for property safety of the need to act quickly once a significant hazard (one with the potential to cause serious injury), of any kind, has been identified (or, in the eyes of the Court should have been identified).

Those who control premises would be wise to consider hazards, or potential hazards which may pose a risk to the general public including to children and those with a limited understanding of risk when the public have access to the property or its amenities, including for example unsafe:

• Trees or structures
• Footpaths and bridleways
• Derelict or unsecure buildings, broken windows etc
• Potholes and other significant trip hazards
• Damaged styles and gates etc
• Broken or defective external lighting
• Open water, deep ditches, pits and culverts etc
• Exposed cables and electrical components
• Damaged fences allowing access into unsafe areas
• Playgrounds and play areas

Whereas it might not be possible to immediately deal with an unsafe situation, the expectation would be to barrier off the hazard or danger area, to post warning signs and ‘make safe’.

Barriers and fences should be regularly checked to ensure that the barrier remains effective. The barrier must also be secure enough to prevent unauthorised entry, with special attention being paid to preventing access by children and those with a limited understanding of risk when their access is a possibility.

The controller of the premises should set a reasonable time frame in which the hazard will be made permanently safe. Care should be taken to ensure that temporary safety measures do not in themselves, pose a hazard equal to or greater than the original situation.

In addition to dealing with hazardous situations, those who control premises must also seek to ensure that unauthorised people are kept away from working operations and workplaces which could, because of the nature of the work, pose a risk to the public. This short information sheet has focused on criminal duties under health and safety law. Those who control premises should also be mindful of their various Duties of Care at Civil Law and of their Occupiers Liability obligations.