Hi

Well contacted our council today and apparently because it is on private property it is up to us to sort things out with the neighbour - council don't get involved. They won't get involved even if the neighbours refuse to do anything about it. They did give me another number of a service called Community Justice Support who should be able to provide more advice. Nickle730 I think if a neighbours tree overhangs your fence you can cut the branches back without getting their permission.
Bern your point is the one we made very clearly to the neighbour's son yesterday. Things getting broken or damaged is just stuff annoying when we have to pay to replace it but end of the day its just stuff. My child or one of his friends being injured is someone else completely.

We also spoke to insurance company (with excess isn't worth claiming for damage thats been done) but got their advice. They spoke about her having to have a duty of care but weren't able to give any other advice.

Hopefully it will all resolve itself and she'll agree to get the tree taken down when she gets back from holiday but not nice to think that someone can't be forced to remove something that would kill a child if it fell on them! I have plenty of photographic evidence and will put it in writing it she doesn't come back to us next week.