A father who unsuccessfully sued his council over a dead tree that ‘destroyed his garden’ has racked up an £85,000 bill in court.
James Williams repeatedly warned the Green-led authority in Bristol that the 30ft ash in public allotments next door needed to be felled.
It was only when the tree came crashing down – smashing through the family’s newly completed swimming pool, trampoline and summer house – that the council ‘promised to cut it down’.
The father-of-four, who works as a school caretaker, has claimed his family would have been killed if they were inside the pool at the time.
His home insurance only covered £3,400 out of the £28,000 of damages to the garden in total, he said.
But the court decided the council was ‘not liable’ for the damages – because the council worker’s decisions over the tree were ‘competent’ and ‘appropriate’.
This left the 45-year-old more than £85k in debt – £8,000 quoted for garden repairs and £77,000 owed to the council in court costs.
He said: ‘We could have been killed by it if we were outside – I still have nightmares about it.’
It was only when the tree came crashing down – smashing through the family’s newly completed swimming pool, trampoline and summer house – that the council ‘promised to cut it down’
James Williams, 45, repeatedly warned the Green-led authority in Bristol that the 30ft ash in public allotments next door needed to be felled
Leanne, 43 and James Williams, 45. In May 2019, a representative from Bristol City Council visited the family home after the pair said large branches were falling into their garden
In May 2019, a representative from Bristol City Council visited the family home after Mr Williams’ wife, Leanne, 43 reported that large branches from the tree in the council-owned allotment were falling into their garden, he said.
‘They came out, looked at it, and promised to cut the tree down,’ Mr Williams claimed.
A month later, Leanne made another complaint after hearing the tree might have had ash dieback disease and that it was ‘dead’.
The council’s tree officer visited again in June, and in their assessment said there was ‘die present in the upper and middle canopy’.
But that there were ‘no other signs of significant disease’ – and ‘no imminent risk of failure to the stem of the tree’.
The tree officer suggested the tree should be ‘monolithed’ that September.
This involves the removal of all the branches and the reduction of the tree trunk to a height of four metres or less.
Despite these assurances, the tree was never felled – or monolithed – and it became an increasing worry for the Williams family.
Commenting on the fall, Leanne, a stay-at-home mum, said: ‘It was like a scene from The Wizard of Oz’
The Williams claimed the tree officer sent to the property was ‘negligent’ in their assessment in that they did not decide to undertake further ‘urgent’ investigations
On October 3, 2020, the tree fell.
‘We were literally going to fill the pool that morning to use with our children – I still have nightmares about the fact that if it had held on for another 12 hours, it may have killed us all as we would have been in the swimming pool,’ he said.
Commenting on the fall, Leanne, a stay-at-home mum, said: ‘It was like a scene from The Wizard of Oz.
‘The pool and trampoline had been completely crushed and there was smashed glass and wood everywhere from the summer house.’
Initially, Bristol City Council sent someone round to remove the tree and admitted liability, Mr Williams said.
However, a few hours later, he alleged that a council member, the same one who assessed the tree months prior, arrived and denied the council’s responsibility, attributing the fall to a storm.
Mr Williams was left ‘furious’ and said the garden had been ‘basically ruined.’
He lodged a civil claim at Bristol County Court against the council which went to trial in February this year.
The judge was ‘not persuaded’ that the council’s tree officer had ‘missed anything visually’, according to the court’s judgement
Mr Williams said: ‘The garden is still dishevelled and we’ve started clearing away the brambles and debris’
The Williams claimed the tree officer sent to the property was ‘negligent’ in their assessment in that they did not decide to undertake further ‘urgent’ investigations.
Despite this, the judge was ‘not persuaded’ that the council’s tree officer had ‘missed anything visually’, according to the court’s judgement.
The judge further stated that the decisions made by the officer were within ‘a range of reasonable decisions’ a body of tree officers would regard as appropriate.
Subsequently, the case was dismissed and the council were deemed not liable.
The ordeal has reportedly been stressful for Leanne and her two children from a previous partner, Sienna, 15, Scarlett, 12, as well as Mr Williams and Leanne’s children Emmi, four, and baby Maya, one, all of whom live in the same house.
Leanne had only just given birth days before the tree came down, with it also being during the peak of lockdown.
‘It was the worst possible timing to not have a garden,’ Mr Williams said.
‘We were going to fill the pool that day – I got up early in the morning, and when I looked out, it was a shock.’
‘The tree had hit the wall of our daughters’ bedrooms, It has all been a nightmare.’
Four years later, Mr Williams said: ‘The garden is still dishevelled and we’ve started clearing away the brambles and debris.
‘But considering we now have to do this all on our own, it’s going to take even more time.’
Bristol City Council declined to comment.
