Forestry body fined as dog walkers struck by falling tree

The body that manages Ashdown Forest has been fined after a husband and wife walking there were struck by a 12-metre birch tree being felled on 25 January 2023.

Caroline Leafe (70), was walking along a deer track close to the forest’s main Broadstone car park on Colemans Hatch Road in Upper Hartfield, East Sussex. She was with her husband, Kenneth, and their dog, Monty.

A forest ranger was felling a silver birch that was rotting and needed to be cut down, and had just made a sink cut in the tree when he spotted the pair.

As it was falling, the ranger attempted to warn them but he was too late. The falling tree struck Mrs Leafe, inflicting a traumatic brain injury, a fractured collar bone, several fractured ribs and a shoulder dislocation. Mr Leafe suffered cuts and bruising.

Mrs Leafe’s injuries left her in hospital for a considerable amount of time after the incident. She was in physical and cognitive therapy for months, and had to surrender her driving licence.

In a statement, Mrs Leafe said:

“I have suffered a loss of independence and Ken has had to do a lot more support to me. I haven’t been able to drive for nearly a year. The head injuries included speech problems and emotional problems.

“There were school children at the forest when we were there and we are relieved that our accident didn’t happen to them. Ken and I hope an incident like this never happens again.”

The Health and Safety Executive (HSE) investigated the Conservators of Ashdown Forest, who are responsible for managing Ashdown Forest. They found that the Conservators of Ashdown Forest failed to identify the risk tree felling posed to members of the public.

Practicable control measures which should have prevented access to tree felling areas, like warning signs, barriers and banksmen, were not implemented.

The Conservators of Ashdown Forest pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. The trust was fined £8,000 and ordered to pay £3,589.80 in costs at Brighton Magistrates’ Court on 12 August 2024.

Speaking after the hearing, HSE Principal Inspector Emma Stiles said:

“Members of the public should be able to enjoy a walk in a forest without fear of being struck by a tree being felled. The guidance is clear on how to fell trees safely and this means keeping members of the public out of an area around the tree measuring two times the height of the tree.

“This can be achieved by various means including signs, barriers and banksmen. Given the high levels of public access around this tree, all of these precautions should have been taken.”

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