Coroner rules Banstead girl’s tree-branch death an accident after missed inspection

Brooke Wiggins died after a rope swing gave way beneath her in Banstead, Surrey, and a coroner has now ruled the 12-year-old’s death an accident, saying the branch failure was not readily foreseeable by the authorities involved.

Assistant coroner Ivor Collett said at South London Coroner’s Court that Surrey County Council had reasonable systems in place and could not reasonably have been expected to do more, given the duties, public resources and risks it manages. Brooke died on November 9, 2024, just days before her 13th birthday, when a large branch snapped, crushed her and caused fatal injuries.

The inquest heard that the tree had last been inspected in May 2022 and was due for reinspection in May 2024, but that follow-up check did not happen because of other priorities. Evidence also showed that ivy covering the tree was due to be removed to help future inspections, and that a crack in the branch was hidden from view. Remedial works identified for the tree were also not completed before Brooke died.

The tree was under Surrey County Council’s control, while the branch that failed extended over land owned by the London Borough of Sutton. The inquest involved Surrey County Council, the London Borough of Sutton and the Health and Safety Executive, reflecting the blurred lines that can exist where public land, boundary trees and informal play spaces overlap. Collett did not issue a prevention of future deaths report.

Brooke’s father, Lee Wiggins, said he was disappointed by the ruling and believes his daughter’s death could have been avoided if council staff had done their jobs properly. The family has also called for a rope swing safety awareness campaign so other parents do not suffer the same loss.

Claire Etherington described Brooke as a beautiful, fun, caring and loving girl with the ability to light up every room she entered. Lee Wiggins said she was an amazing, bright and very funny child who packed a lot into her short life.

The case is a reminder that informal play areas can carry hidden hazards even when they appear unchanged and familiar. For councils and landowners, the question now is whether routine inspection cycles, vegetation clearance and clearer warning standards are enough when branches are obscured by ivy and swings are attached to trees outside formal playgrounds. Brooke’s death will stand as an accident in law, but it leaves a wider accountability issue for any authority responsible for land where children play.