Tree Risk Assessment, Management and Policy

Tree Risk Assessment

A tree risk survey is an essential component in any system that demonstrates responsible and reasonable management of tree risk. Wharton Arboriculture Ltd offers professional tree risk assessments to assist the landowner or manager to minimise the risk of damage or injury caused by trees in their care.

In the majority of cases tree risk assessment includes assessment of the target and the size of any part of a tree identified as likely to fail and cause foreseeable damage. The management of risk needs to be proportional to the likelihood of failure. The assessment will include the detail from the inspection, the recommendations for necessary work on the tree(s), the priority for the recommended work and recommendations about the frequency of future inspections. Wharton Arboriculture is a Licensed User of QTRA (Quantified Tree Risk Assessment), which is used where appropriate. Various other hazard rating systems are used, where the use of QTRA is not considered appropriate, in line with arboriculture best practice and guidance. This will be discussed with clients prior to any final instruction.

Occupiers Liability Acts

The Occupiers Liability Acts 1957 and 1984, state that the owner of property or land has a duty of care, to take steps which are "reasonably practicable" to minimise the risk to people and property resulting from trees. This duty of care extends to any person who comes onto the property or adjoining properties/land for any reason (including trespassers).

The act of a tree or part of it causing injury to persons or property it is likely to give rise to litigation against the tree owner in negligence for a breach of the duty of care, in the tort of nuisance and, where the injured person was on the land of the tree owner at the time of the injury, under the Occupiers Liability Acts of 1957 or 1984.

The basic underlying principle of negligence in both common law and under the Occupiers Liability Acts is that an owner of land and trees owes a duty to take reasonable care to protect those reasonably affected.

Wharton Arboriculture will advise tree owners in relation to the level of detailed assessment and regular, pro-active tree management required to fulfil their duty of care.

Reasonable Practicability

"Reasonably practicable" is a concept that is a central tenet of English law including health and safety legislation. Under English law the owner of land or the tenant, or potentially both, can be liable to prosecution depending on ownership or acting management of the estate.
What is considered to be "reasonably practicable" depends on the type of "occupier". For example:

I.It may be acceptable for a homeowner to conduct regular visual tree inspections at a basic level, (unless external defects such as fungal brackets or obvious structural defects appear). However "the occupier" must be able to demonstrate that they have taken "reasonably practicable" steps to minimise the risk to an acceptable level.

II.Occupiers of commercial property may be required to undertake regular tree hazard inspections, record results and take remedial action to maintain a reasonable level of risk, whilst maintaining maximum possible benefits derived from the tree.

Tree Management and Policy

Whilst the surveying and inspection of trees is an essential part of fulfilling the duty of care, it is important that land owners and tree managers also implement management plans and policies.

Wharton Arboriculture Ltd has considerable experience in supporting managers of significant sites with high levels of public access. We are able to aid the development and implementation of policy in order that the landowner or manager can meet their duty of care with regard to both public safety and their environmental policy.

Wharton Arboriculture Ltd relies on its practical experience in the formulation and implementation of tree management policies and strategies with owners of sites with public access. We draw upon our previous experience working within both public and private sectors for this work.

If implemented, our tree strategies and policies would ensure that resources are adequate both from a risk and budgetary point of view and that the management of trees on any particular site is fulfilling what is considered to be reasonably practicable.

Prioritisation of Management

In order to enable effective management of trees to fulfil the obligation for duty of care, we prioritise survey and arboricultural works to meet budgetary constraints.  Wharton Arboriculture Ltd use a range of specialist zoning systems for evaluating levels of risk across sites.

Remote Tree Management

We use our computerised GIS tree management system to manage large numbers of trees, for a wide range of landowners and estate managers.  Our service includes responding to queries about individual trees, providing works schedules and liaising with other authorities.

Analysis of Tree Population Data

We are able to provide analysis of all recorded characteristics of a tree population, including species, maturity, trends in tree condition and future budget requirements. 

Outputting Works Orders

Using our GIS system to manage tree populations allows us to easily formulate works orders according to individual client requirements.  We regularly supervise arboricultural works and have experience in large scale contract management.

Quality Management of Arboricultural Works

Wharton Arboriculture is able to monitor and enforce high standards of tree surgery works undertaken on behalf of our clients. Our knowledge of tree work comes from personal experience working within contracting arboriculture both in the UK and overseas.

Formulation of Planting Policy

By drawing together an analysis of tree and site survey information and information on changes in site use, we provide comprehensive and sustainable tree planting strategies in report and detailed map format.