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

HSE press release: E194:03 - 1 October 2003

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.

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