THE MOTHER of a talented teenage musician killed by a falling branch has spoken of her disappointment that Devon County Council will not be prosecuted for corporate manslaughter.

Grace Turner, from Ivybridge, near Plymouth, was just 16 when she was killed on her way home from a classical concert in Totnes, exactly three years ago today.

On August 4, 2006, a 20-ft-long limb of a 150-year-old oak tree fell on the car the gifted viola and piano player was travelling in, causing head injuries. She died three days later.

Now, her mother Deborah Southon, a senior NHS manager, has said she still holds the council responsible. She said: "Devon County Council had the road surveyed and chose to ignore the results of the survey. They knew the tree was dangerous and did nothing. It really is that simple."

At Grace's inquest, which concluded this April, the coroner called for a "radical overhaul" of council procedures after it emerged that the tree which dropped the branch on the road between Dartington and Totnes had previously been identified as dangerous, but no action had been taken and the landowner claimed he had not been informed.

The inquest heard that nothing was done about seven out of 16 trees which were branded dangerous by an inspector in 2004. Plymouth coroner Andrew Cox wrote to the county council's chief executive with his criticisms, and Mrs Southon, urged the Health and Safety Executive (HSE) to "prosecute".

But now, the HSE has said there is "insufficient evidence" for a corporate manslaughter case against the council. Officers met with Mrs Southon last month. She said: "At the meeting the HSE informed me of their decision not to prosecute, and in giving their reasons you would have thought they were at a different inquest. If they cannot act on the facts revealed, what is the point of the legislation? If correct work practises had existed and been applied, Grace would still be here and this whole tragedy would have been avoided."

Mrs Southon said she met with the HSE in Autumn 2007, when they indicated that they did not intend to take the matter further. But the family challenged them to get independent expert advice. They did so, but at the inquest, the information from the professional they appointed was unclear, and the coroner allowed the family to call in their own expert. Mrs Southon believes they are not basing their decision on evidence of the family's witness.

Yesterday, Devon County Council refused to comment on the issue, which is the subject of some ongoing proceedings. Following the inquest, a spokesman said all procedures had been reviewed, and landowners were now immediately contacted when dangerous trees were identified, with follow-up checks in place.

Mrs Southon has welcomed the review. But she said requests for information from the council had repeatedly been turned down.

Grace's father, Derek Turner, is currently living overseas, and has yet to meet with the HSE. A spokesman refused to comment further on the decision while the meeting is still pending.