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 contractor 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.
A member of the public had been walking her dog on the pavement 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 contractor continued working on the tree the very next day with the only change being that some cones and tape were placed on to the pavement.
The incident took place in August 2022 when the contractor had been contracted by the trust to fell two trees in the grounds of a High School.
However, it was during this operation that the rope snapped, causing both it and the falling branch to crash into the injured party. An investigation by the Health and Safety Executive found that the contractor had no training or qualifications in arboriculture or in the use of chainsaws. It was also found that the Trust had made no checks on the contractor’s experience, competence or qualifications. The Trust had not checked how he intended to do the work in advance of awarding the contract, made no check on the method used during the work, and did not stop the work after the accident.
The work was only stopped when HSE inspectors became aware of the incident, arrived on the scene, and served prohibition notices on both the trust and the contractor.
Bishop Bewick Catholic Education Trust, pleaded guilty to breaching their duty under section 3(1) of the Health and Safety at Work Act 1974 to conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in their employment are not exposed to risks to their health or safety. It was fined £20,000 and ordered to pay £4,344 in costs at Newcastle Upon Tyne Magistrates Court on 17 April 2025.
The contractor, Nicolas Thépot, as a self-employed person, failed to discharge his duties under section 3(2) of the Health and Safety at Work Act 1974, to ensure persons not being his employees are not exposed to risks to their health or safety. He pleaded guilty at South Tyneside Magistrates Court on 7 May 2025 and was given a 12 week prison sentence, suspended for 12 months. He must also complete 100 hours of unpaid work and ordered to pay £1,000 towards the prosecution costs.
