Proactive Approach to Tree Risk Management

In a previous article, I discussed the statutory duty of care that landowners in the UK have in relation to trees on their land. I outlined the importance of implementing a tree inspection and risk management policy - a structured approach that demonstrates this duty of care, particularly when unforeseen incidents occur.

Here, I want to share a real-world case that highlights exactly why such a policy is essential. In late 2022, a serious tree-related incident occurred on an estate we manage, putting our proactive risk management strategy to the test.

What happened?

Since 2019, we have supported this particular client with their tree risk management strategy. The estate has a  reasonable sized tree population and a fair bit of public access, including several footpaths. Based on a referral, the client commissioned us to establish a comprehensive tree zone mapping system alongside supporting risk and inspection policy documentation.

In December 2022, three years after the initial policy was implemented, a tragic accident occurred: a member of the public suffered a life-threatening head injury after being struck by a falling ash branch while walking along an infrequently used footpath bordering our client's land.

Immediate response and investigation

Upon being notified, we reassured our client that, although deeply unfortunate, the incident would likely be considered an accident. This was due to the robust tree risk policy in place, which demonstrated a balanced and proportionate approach to tree risk management. This is a critical factor in meeting the legal duty of care required under UK law.

The tree which shed the branch had been:

• Within a documented zone

• Inspected in detail on a biennial cycle, with surveys carried out in 2019 and 2021

  
  

Our full Mobile Elevated Work Platform (MEWP) investigation following the event concluded that the c.4-inch diameter branch likely split from the main stem during high winds of February 2022, after our last survey in December 2021. It became lodged in the canopy and remained suspended, attached to the tree by a small section of live wood, until that failed and it fell just as the walker passed beneath.

Legal and insurance outcomes

The injured party's legal representatives contacted our client, and the matter was passed on to their insurers. Due to the thorough documentation, clear inspection history, and policy evidence, the insurer confirmed that the client had met all reasonable expectations and fulfilled their duty of care.

Key lessons and takeaways

Incidents such as this are extremely unusual and no risk management strategy can eliminate all hazards without extreme and impractical measures (e.g. felling every tree near a footpath). What matters is whether a landowner can demonstrate that they had done 'all that was reasonable' to prevent such an incident happening.

In this case, the client’s existing risk management strategy and policy proved invaluable - not just in terms of legal defence, but in providing reassurance, structure, and peace of mind during a highly stressful period.

Why Every Landowner Needs a Tree Risk Management Policy

This case illustrates why it is essential for estates, farms and landowners with public access to have:

• A formal tree risk assessment policy

• Clear inspection intervals based on zoning and usage

• Professional record-keeping and documentation

• Support from qualified arboricultural consultants

  
  

Without this, even minor incidents can escalate into costly legal disputes and reputational damage.

👉 If you think any of this applies to your business, our team is happy to help guide you through the process. Call us on 01480 890686 or email info@oakbankgc.co.uk

Frequently Asked Questions (FAQs)

Q: What is a landowner’s legal duty of care regarding trees in the UK? A: Landowners must take reasonable steps to ensure that trees on their land do not pose an undue risk to people or property. This includes regular inspections and acting upon any identified hazards.

Q: How often should trees near public rights of way be inspected? A: Inspection frequency depends on factors like location, usage, tree species and condition. Trees in high-traffic zones should be inspected annually or biennially, depending on risk assessments.

Q: Can having a tree risk policy protect against legal action? A: While it doesn’t prevent incidents, a well-documented policy can demonstrate that all reasonable precautions were taken, significantly reducing liability and strengthening your legal position.

Q: What is a tree zone mapping system? A: It’s a visual and strategic way to divide land into different zones based on tree density, usage patterns, and risk exposure - helping to prioritise inspections and maintenance.

Q: Who should carry out tree inspections? A: Competent arboricultural professionals with appropriate qualifications and experience should conduct and document tree risk assessments.

This article is intended for general informational purposes only and reflects guidance believed to be accurate and current at the time of writing. While reasonable care has been taken in its preparation, no responsibility or liability is accepted for any loss arising from reliance on its content. Readers are advised to seek appropriate professional or legal advice before acting on any information contained herein.