HSE press release: E194:03 - 1 October 2003

LADBROKE GROVE RAIL COLLISION: HSE BEGINS ITS PROSECUTION OF THAMES TRAINS LIMITED

The Health and Safety Executive (HSE) has begun its prosecution of Thames Trains Limited for alleged breaches of health and safety law in connection with the Ladbroke Grove rail collision on 5 October 1999, in which 31 people died and many more were injured.

HSE made public its intention to prosecute both Thames Trains Limited and Railtrack PLC (in Railway Administration: NB: now Network Rail) in March 2002. HSE laid informations against Thames Trains Limited in court on Tuesday, 30 September, alleging breaches of Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. Thames Trains Limited has been summonsed to appear before the City of London Magistrates' Court on 12 November 2003 at 10.30 am.

Notes to Editors

1. On 5 October 1999 a Thames Trains Turbo passenger train passed signal 109 at red shortly after leaving Paddington station. The Turbo collided head on with a First Great Western high-speed train that was approaching Paddington station. Fire broke out immediately following the collision. 31 people died, including both train drivers, and many more suffered serious injuries.

2. Both the British Transport Police (BTP) and HSE began immediate investigations into the collision. On 8 October 1999, the Health and Safety Commission (HSC) announced, with the consent of the Deputy Prime Minister, a formal public inquiry into the collision to be led by the Rt Hon Lord Cullen PC. Lord Cullen's inquiry concluded on 20 December 2000 and he published reports on it on 19 June and 20 September 2001. HSC was charged with overseeing implementation of the 163 recommendations made in the two reports and it publishes regular progress reports on this. HSE published its own interim investigation reports into the collision. All this information can be found on the HSE web site at:
http://www.hse.gov.uk/railways/information.htm

3. In October 2001, following the investigation by BTP and the Cullen inquiry, the Crown Prosecution Service (CPS) advised BTP that no further investigation would be justified. However, CPS then sought further legal advice. In March 2002 HSE wrote to the families bereaved by the collision, informing them of its intention to prosecute both Thames Trains Limited and Railtrack PLC (in Railway Administration) for alleged offences under the Health and Safety at Work etc Act 1974 subject to a reconsideration of the case by the CPS. That letter was made public.

4. In August 2003 both BTP and CPS informed HSE that their further enquiries had provided no relevant evidence against Thames Trains. This cleared the way for HSE to proceed with its case against that company. HSE has written again to the bereaved families telling them that its prosecution of Thames Trains would proceed. Both letters from HSE to the bereaved are attached to this release.

5. HSE laid informations against Thames Trains in the City of London Magistrates' Court on 30 September 2003. Thames Trains has been summonsed to appear before the City of London Magistrates' Court, The Justice Rooms, 1 Queen Victoria Street, London EC4N 4XY on 12 November 2003 at 10.30 am. The summonses allege breaches of Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974 (HSW Act). Section 2(1) of the HSW Act states: 'It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees'. Section 3(1) of the HSW Act states: 'It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who be affected thereby are not thereby exposed to risks to their health or safety'.

6. HSE understands that BTP continues to investigate Railtrack's role in the collision. HSE is not party to this continuing investigation.

7. You are advised to check the time and date of the hearing with the Court nearer the time to ensure that the case has not been put back.

8. Now that criminal proceedings have commenced your attention is drawn to the fact that the provisions of the Contempt of Court Act apply to this matter.

PUBLIC ENQUIRIES:

Call HSE's InfoLine, tel: 0845 345 0055, visit http://www.hse.gov.uk/contact, or write to: HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.

PRESS ENQUIRIES regarding this press release:

Journalists only: Jacqueline Noble: 020 7717 6903.
Mark Wheeler: 020 7717 6905.

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TEXT OF THE HSE LETTER TO LADBROKE GROVE FAMILIES SENT MARCH 2002

Dear

LADBROKE GROVE RAILWAY COLLISION

I am writing to let you know that the Health and Safety Executive intends to prosecute the companies Railtrack PLC (in Railway Administration) and Thames Trains Ltd for offences under the Health and Safety at Work etc Act 1974 in connection with the Ladbroke Grove train collision on 5 October 1999. There is insufficient evidence to prosecute any individuals for health and safety offences as a result of the collision.

HSE intends to commence proceedings as soon as possible but is unable to do so until the Crown Prosecution Service (CPS) has completed its reconsideration of the advice it gave to the British Transport Police in October 2001. The CPS decision to reconsider their advice follows representations made on behalf of a number of those bereaved by the collision. Legally it is essential for the CPS to conclude their deliberations before HSE can start its own prosecution. I will write again as soon as there is further news.

You may wish to know that you will shortly get a letter from my colleagues on the future format of progress reports on the implementation of the Public Inquiry reports.

Yours sincerely,

Steve Walker,
Assistant Chief Inspector of Railways

[Letter ends]

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TEXT OF THE HSE LETTER TO LADBROKE GROVE FAMILIES SENT SEPTEMBER 2003

Dear

LADBROKE GROVE RAIL COLLISION

I wrote to you on 12 March 2002 to let you know that the Health and Safety Executive (HSE) intended to prosecute Railtrack PLC and Thames Trains Ltd for alleged breaches of health and safety law in connection with the Ladbroke Grove train collision on 5 October 1999, and that the HSE intended to commence proceedings as soon as possible subject to the reconsideration of the case by the Crown Prosecution Service (CPS).

This letter is to let you know that the HSE intends to begin its prosecution of Thames Trains Ltd for breaches of sections 2 and 3 of the Health and Safety at Work etc Act 1974. The HSE intends to lay informations alleging these offences within the next few days, with the first court hearing at the City of London Magistrates' Court on a date to be fixed. The City of London Magistrates' Court is located at The Justice Rooms, 1 Queen Victoria Street, London EC4N 4XY.

As you will be aware, the British Transport Police (BTP) began a further investigation into the case, known as 'Operation Resolve'. That investigation, which is continuing, has focused on both Railtrack and some individuals employed by it at the time of the collision. It was possible that during the course of the BTP investigation evidence might have come to light that was relevant to Thames Trains. However the BTP and the CPS have informed the HSE that no such evidence has arisen from Operation Resolve and that there is no prospect of a prosecution of Thames Trains for manslaughter. Accordingly, the CPS has agreed that the HSE may now proceed with its prosecution of Thames Trains Ltd.

I am aware that this letter and the serving of the summonses come near what will be the fourth anniversary of the collision. I know that this will be a particularly difficult time for you, and I thought you would prefer to be told that proceedings were to be begun against Thames Trains in advance.

The HSE will also make this letter public, as we did in March 2002, but will not be giving any interviews or making any detailed statements.

Yours sincerely

Steve Walker
Assistant Chief Inspector of Railways

[Letter ends]