Tree Maintenance: Guidance to Local Authorities

Wednesday 15th October 2025 Westminster Hall

15:59

[Emma Lewell (in the Chair)]

I will call Esther McVey to move the motion. I will then call the Minister to respond. I remind other Members that they may only make a speech with prior permission from the Member in charge of the debate and the Minister. There will not be an opportunity for the Member in charge to wind up, as is the convention for 30-minute debates.

[Esther McVey (Tatton) (Con)]

I beg to move,

That this House has considered the potential merits of issuing guidance on tree maintenance to local authorities.

It is a pleasure to serve under your chairmanship, Ms Lewell. Trees—beautiful, majestic and an enhancement to an area—are one of the most visible aspects of our scenery in the UK, yet their sheer size makes their maintenance essential for public safety. Sadly, on public land, the reality is that this work is seldom done and, as we are about to hear today, can lead to devastating consequences.

Last year, I met with my constituents Fiona and Sam Hall, whose lives were changed forever in August 2020, when Fiona’s husband and Sam’s father Chris Hall was killed by a decayed tree that was known to be dangerous. Chris had left the house for a routine lunchtime dog walk on what was a warm and calm summer’s day. He took that walk in The Carrs in Wilmslow, a local park popular with residents. While on his walk, the limb of a decayed 130-year-old tree of 22 tonnes fell and hit Chris, killing him instantly. Chris was, by all accounts, a life force for good—someone who

“loved life and life loved him.”

His wife Fiona described their passion for simple things—spending their time cooking together and walking their dog. Chris’s son Sam shared how much he missed everything about his father—his laughter, his wisdom and the adventures they shared together. The loss of a loved one is a tragedy by any measure, but Chris’s death was senseless and preventable.

Cheshire East council, responsible for the tree, knew it was unsafe. A year earlier, another limb had fallen off the same tree. Ansa Environmental Services, the council’s contractor responsible for tree maintenance, found the tree had significant structural defects and recommended it be crowned, but nothing was done. The tree was not crowned, and no action was taken to mitigate its risk or warn the public of the dangers that that tree presented.

When the case went to court, it was clear that the responsibility for the incident lay with Cheshire East, and after an investigation by the Health and Safety Executive, the council pleaded guilty to breaching the Health and Safety at Work etc. Act 1974 and was fined £500,000 in November 2024. The investigation found that since its creation in 2009, Cheshire East council had no formal tree maintenance strategy. The council agreed, following the court case, to develop a tree strategy and partnership with an arborist chosen by the Hall family. The council implemented its tree management strategy in 2021.

However, despite this tragedy, and others we have heard about through the news and in the newspapers of late, there still appears to be a legislative gap, and tree maintenance across the country continues to be ad hoc. Although councillors are required to ensure public safety, there is no statutory duty on them to carry out regular inspections of trees on public land. Regulatory maintenance work is voluntary, and the extent to which councils inspect trees is left to their own discretion. When budgets are tight, maintenance is often the first thing to fall by the wayside. However, maintenance by councils must be a priority—and, in this case, tree maintenance.

To address this, Fiona is now campaigning for Chris’s law, which would require councils to maintain a register of high-risk trees identified by location, species and age, legislating for those trees to be inspected on a regular basis. This is not all trees, but a targeted approach that is manageable for councils and presents a cost-effective solution.

As beautiful as trees are, like us, they have a lifespan and a life expectancy. As they get old, they become sick and weak, can decay and get disease. It is a predictable life cycle. Some examples of common trees in the UK include birches, which tend to live for 50 to 70 years; beeches, 150 to 200 years; and oaks and sycamores, which can last for 200 to 300 years. But they all have a life expectancy. Therefore, it is safe to say that after a certain age, trees need to be inspected.

[Jim Shannon (Strangford) (DUP)]

I commend the right hon. Lady. One thing that has always come to my attention—I am dealing with such a case in my office at the moment—is about finding out who actually owns a tree and who is responsible for it. We have found great difficulty, through the local council, in finding out who that would be. As we have had more storms than ever —and probably more to come this winter, unfortunately—that means a responsibility on those who own adjoining land, from which a tree may fall into another’s property.

Does the hon. Lady agree that we perhaps need a system whereby, if there is uncertainty about who owns a tree, someone can step in? That perhaps underlines what the right hon. Lady is saying. It is slightly different from the purpose of this debate, but it does highlight an issue that is probably applicable to me—and, I suspect, to everyone else as well.

[Esther McVey]

I think ownership of trees and people taking responsibility for their trees is essential. In this instance, it was the local council—they were on public land—but the hon. Member is quite right that they could also be on private land.

We know, too, that there have been large drives to plant trees, particularly after the two world wars, so we can age them. The Carrs in Wilmslow was bought by the council and established as a park in 1935 and, logically, there will be a record of when those trees were planted in the park. Those are quantifiable numbers that allow a methodological approach to inspections. Without providing such structure to a maintenance strategy, cases of concern can slip through the net.

[Peter Fortune (Bromley and Biggin Hill) (Con)]

I send my condolences to Chris and his family. Over the past five years, Bromley council has planted around 5,000 street trees and another 800 in parks, all working with residents and schoolchildren. Does my right hon. Friend agree that other local authorities could look to Bromley council for best practice in maintenance?

[Esther McVey]

I will indeed. The Minister too, might like to look at where best practice is happening across the country, because that is what we are looking to achieve.

Since working with Fiona, I have heard at first hand from individuals who have tried to report trees in imminent danger of falling, only to have their urgent complaints lost among other correspondence. Inevitably, such trees end up falling, and people have been injured in those circumstances. The excuse that there was too much correspondence and that the council could not deal with the reports does not really wash.

This is not unique to Cheshire East council. The court heard that five or six people die every year from falling branches or trees. This year alone, we have seen similar deaths caused by falling trees in Southend-on-Sea in June, West Didsbury in August and Blackpool only last month. Last Saturday my husband went to pick up a friend from Wilmslow train station. He drove through Ashley on the way there. On the way back he could not come along the same road because during that journey a tree had collapsed right across the road and he had to take a detour. Trees collapsing is not an infrequent occurrence.

Each case that I have mentioned might have been avoided if the tree had been maintained adequately. In 2025 there is no excuse. We have a wealth of technology at our disposal: drones, microprobes or other advanced tools that make maintenance inspections more effective and efficient. We hear often about budgetary constraints preventing councils carrying out their maintenance duty, but preventive work is cost-effective. Legal fines, like Cheshire East’s £500,000, are far more costly than routine inspections.

Cheshire and Warrington have voted to set up a new mayoral structure costing millions of pounds to establish and millions of pounds to run annually. It seems the Government and councils can find money for pet projects and devolved Mayors across the country and yet routine work, the most basic of maintenance, is forgone at the first sign of financial strain when it should always be a council’s priority.

[Sarah Dyke (Glastonbury and Somerton) (LD)]

I thank the right hon. Member for giving way and for securing this important debate. In addition to proper maintenance, which is essential—it is heartbreaking to hear the stories that she has outlined today—the current protection under tree preservation orders is inadequate and covers only a small section of ancient and veteran trees. She talked about the age of trees—300-year-old veteran oaks, for example, and ancient trees even older than that, so they have the ability to live a long time. Somerset has about 3,000 trees on the ancient tree inventory. Nearly 500 of those are threatened by cultivation, development and overshading. Does the right hon. Member agree that, in addition to maintenance, stronger protections for ancient and veteran trees are also required?

[Esther McVey]

As I started the debate today I said how magnificent and majestic trees can add to an area. I agree with the hon. Member. We have to look after something that so enhances the beauty of our country.

I spend an increasing amount of my time battling with my local council about the most basic of maintenance work that needs to be done now. Drains being unblocked, roads being repaired and rivers dredged all feed into, when maintenance is not done properly, a bigger and more costly problem. I am sure many Members will share that experience. Maintenance must be a council’s priority, especially when it comes to the danger of trees. Too often local councillors treat maintenance work as a box-ticking exercise—a quick fix to get someone off their case while the future consequences of a bodged repair job or no repair job are not considered. Maintenance work is essential. It is not a “nice to have” or a nice little addition. It is essential. As we have seen, if it is not done, it has tragic consequences.

In the four weeks since Fiona launched the campaign for Chris’s law, 35,000 signatures have been gathered and the campaign has caught the attention of the media, too, from BBC Breakfast to BBC Radio 5 Live, and regional channels such as BBC North West and ITV Granada Reports. There is a mindshare among the public and the media that incidents of collapsing trees should not be occurring. Trees are a vital part of our daily lives, bringing many benefits to the environment and our wellbeing. Governments have spent millions of pounds planting trees, with the current Government pledging £800 million for this. But such an increase must be underpinned by a commitment to maintain the trees properly.

[Alex Mayer (Dunstable and Leighton Buzzard) (Lab)]

With so many new-build estates that are home to young trees, where watering and aftercare are so essential, does the right hon. Member agree that any new guidance should have a large section with a focus on early years for trees as well?

[Esther McVey]

I will be asking the Minister for a meeting. This is specifically about older, ancient, decaying and dangerous trees, but I am quite sure the Minister will be considering all kinds of tree preservation, including during the early years.

When people walk through The Carrs now, they can find a memorial for Chris: a hand-carved wooden sculpture erected by his family in his memory. Visitors can scan a QR code to learn about Chris and the need for improved tree maintenance. It is a reminder of the tragedy that occurred and a testament to Fiona’s and Sam’s determination to use their profound grief to fight for change. We owe it to them to work collaboratively for this cause and push for clear standards for local authorities that cannot be skirted or sidelined. The issue extends far beyond Chris. We know that trees have a lifespan, and when and where they have been planted. Without maintenance work on these trees, there will be other tragic cases like Chris’s.

In closing, I thank the Minister for her time and ask whether she will meet Fiona and me to discuss Chris’s law, the best way forward and steps to resolve this issue, and work with us on a meaningful legislative change to prevent such tragedies from occurring again.

16:16

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Mary Creagh)]

It is a pleasure to speak under your chairship today, Ms Lewell. I commend the right hon. Member for Tatton (Esther McVey) for securing this debate, and thank other hon. Members for their thoughtful contributions.

Let me begin by saying how incredibly sorry and sad I am to hear about Mr Hall’s death. I offer my profound sympathies to his family—to Fiona, his wife, and to Sam, his son—on their tragic loss, as well as to other families who have lost loved ones in similar circumstances. I also pay tribute to their courage and commitment in their selfless campaigning to reduce the risk of other families suffering such a grievous tragedy. We are all here today to think about how we can prevent that from happening to anybody else. Nothing we can say today can make up for their loss, but it is right that we are having this debate.

Health and safety matters to everyone in this country, and this Government are dedicated to protecting people. The Health and Safety Executive is Britain’s national regulator for workplace health and safety; it works to ensure that people feel safe where they live, where they work and in their environment. It prosecuted Cheshire East council over Mr Hall’s tragic death, which led to the £500,000 fine.

When those responsible for controlling risks to public safety fail to do so, they will be held to account. As in this case, the Health and Safety Executive will not hesitate to take appropriate enforcement action where necessary, but I do not want us to be in that position. Local authorities, just like any landowner, must ensure that the land they own or occupy is not in a condition that could cause injury or damage to people who might reasonably be expected to enter it. They must not allow activities or conditions on their land that could foreseeably cause harm. If someone is injured due to negligence, the authority may be liable, as was the case with Mr Hall’s death.

There is current guidance available from the National Tree Safety Group, the membership of which is made up of organisations with an interest in tree risk management, including the Forestry Commission. Its publication, “Common sense risk management of trees”, was updated last year, and provides guidance on trees and public safety in the UK for owners, managers and advisers. It recommends that tree owners follow a plan for zoning their tree stock, based on frequency of access, and implementing tree management according to risk. Where trees pose a higher level of risk—for example, a tree with faults that likely make it unstable, such as the oak described by the right hon. Lady, that is in an area frequently visited by the public, such as a park—they will require a higher level of assessment and monitoring.

I have visited parks where veteran trees have been cordoned off. Cordoning off very large trees with known defects from public access during periods of very hot weather, when branches may be more likely to fall, and similarly advising the public not to sit under or next to such trees when wind speeds are higher than normal, is a sensible, common-sense response to changing conditions.

Trees are important to our society and to us intrinsically —we come from the forests—and they are particularly important in this changing climate. However, that does not absolve tree owners from their legal duty of care and the need to prevent reasonably foreseeable risks of injury to people or property. For the breach of its responsibilities leading to Mr Hall’s death, the council was handed a significant fine.

I agree with the right hon. Lady that maintenance and prevention are cost effective. This Government have given more money to councils. There has been a long period of reduction in council budgets, but we have made more than £69 billion available to local government, and Cheshire East, the council in question, has had a 6.6% cash terms increase in its core spending power on the previous year. The majority of the funding is un-ringfenced—we removed central Government controls on that—and can be used to address a range of pressures facing local government. I hope that some of it will have been spent on long-overdue tree maintenance work.

As mentioned, National Tree Safety Group guidance provides a nationally recognised, evidence-based framework for managing tree safety, balancing public safety with the environmental and social benefits of trees. It is grounded in legal precedent and supported by the Health and Safety Executive. Local tree strategies, such as the one in Bromley, play an important role. I encourage councils to use the existing Government-endorsed trees and woodlands strategy toolkit, which has been developed to support local authorities and stakeholders to create and deliver a local tree strategy. These strategies can help to safeguard people from harm. However, it is also important to remember that trees are living organisms and that things can change depending on the weather. They undergo natural processes of growth and development, and eventually fall.

As the right hon. Lady says, we are spending a record £816 million on tree planting. Many of those trees will be in forests, so that involves a different set of risks and limited public access. However, we need to think about street or park trees. I live in Islington, which was planting street trees back in the ’90s. I can think of two street trees, one in my street and one in the neighbouring street, that have fallen over in the past three years. Thankfully, they landed on walls and not on cars or people, but of course from one day to the next, they simply go—often in very hot weather.

As we increase canopy cover, we need to understand what we are doing. We are giving grants to local authorities, but what is the accountability mechanism? As with flood defence assets, it is no good building the asset if we are not going to look after it. Flood defence assets were not in good shape when we came in, so we have spent a lot of extra money—tens of millions—to make sure that fail-safe mechanisms are put in place and that assets are kept up to date.

[Sarah Dyke]

On tree canopy cover, I was lead member for environment and climate change at Somerset council when it was developing the tree strategy. The county is 8% tree canopy—way below the national average, which is about 13%. Obviously, increased canopy cover helps to reduce storm water run-off, prevent flooding, and improve biodiversity and habitats for local wildlife. Will the Minister commit to setting targets for neighbourhood tree cover to help to ensure equal resilience to flooding and stronger biodiversity in areas with below-average tree canopy cover?

[Mary Creagh]

Of course, the hon. Member’s area is benefiting, under this Government, from the first national forest to be planted for 30 years. The Western forest will stretch from the Mendip hills up to Bristol, Gloucester—for the flood prevention—and the Forest of Dean, so there will be a huge increase. [Interruption.] She has quite a bit in her area, I hear her say—good. The canopy cover will increase there, with 20 million trees planted over the next 25 years. Some of that will be agroforestry and some restoration of ancient woodland.

[Esther McVey]

I know that the Minister cares passionately and knows a lot about this issue. Would she meet me and my constituent so that we can discuss Chris’s law?

[Mary Creagh]

The right hon. Lady is correct to bring me back to my conclusion. We have got five minutes, so I had a little tour via the Western Forest. On the point about 13% coverage, we are trying to get to 16% over the country by 2050. That has been a cross-party agreement under the Climate Change Act 2008 on the number of trees we need to plant to tackle climate change. It is important to look at tree access and tree equity as part of that. That is certainly in my processes as I think about where the next two national forests are going to be.

Let me bring this debate to an end. I thank the right hon. Lady for the debate and for bringing this tragic incident to my attention. I would like to take this opportunity to encourage local authorities to follow our guidance on tree risk management, issued by the National Tree Safety Group, and to develop tree and woodland strategies, taking advantage of the toolkit that has been developed specifically for them. We know that better management of trees can deliver improved outcomes, particularly for public health and safety.

I welcome the attention that Fiona and Sam Hall’s tireless campaigning has brought to this issue. I again express my heartfelt sympathies on their devastating loss. I am, of course, happy to meet the right hon. Member for Tatton and her constituent to discuss those issues further. I would be happy to meet Mrs Hall and Sam Hall. I invite the right hon. Lady to contact my private office to get a meeting in the diary.

Question put and agreed to.