THE Health and Safety Executive will not be taking legal action against Oxford City Council after a student was killed by a falling tree.

Angela Regoczy, 22, died when a diseased horse chestnut fell on her family's parked car in Gloucester Street, Oxford, during a violent storm in October 2002.

Tonight, her father Victor said the council should have been prosecuted.

He said: "The HSE don't think they can bring a prosecution so that's the way it is - I might as well bang my head against the wall.

"I don't agree, but there is not a lot I can do."

In August, 2006, a jury at Oxford Coroner's Court returned a verdict of misadventure.

But the HSE - which is responsible for enforcing health and safety legislation in the UK - re-examined the case.

An HSE statement read: "Having given serious consideration to taking legal proceedings against Oxford City Council we have decided not to prosecute on this occasion."

The tree that killed Ms Regoczy, of Blandford Avenue, North Oxford, had been identified as diseased in 1999 and was due to have been felled within two years.