Ladbroke Grove rail collision: sentencing of Thames Trains - Statement by the Health and Safety Executive

HSE Press Release: E045:04 - 5 April 2004

Thames Trains were today fined a record £2million for the collision at Ladbroke Grove. The fine followed a one-day sentence hearing at the Old Bailey, where the judge also awarded costs of £75,000 in addition to the fine.

Thames Trains pleaded guilty at a hearing on 10 December 2003 to charges that it breached Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974 (HSW Act).

The Health and Safety Executive (HSE) investigation into the collision at Ladbroke Grove was led by Steve Walker, Assistant Chief Inspector of Railways. At the sentencing hearing he said:

"The collision at Ladbroke Grove on 5 October 1999 cost 31 lives, with over 400 people suffering injuries, many of them serious. This was a major disaster that led to a public inquiry, held by Lord Cullen, into safety on the nation's railways.

"HSE's investigation into the causes of the collision revealed what Thames Trains itself described as 'serious omissions' in its driver training programme. Thames Trains' driver, Michael Hodder, drove his train through signal SN109 when it was showing red. This was the immediate cause of the collision.

"While much has been done since 1999 to improve safety standards on the railways - measures that make a similar incident less likely today - there is no comfort to the bereaved and injured who have heard in court today that this collision could have been avoided. Both workers and passengers alike have a right to expect reasonable standards of safety when they travel on the railways. Our thoughts remain with the bereaved and injured."

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 Thames Trains Limited for alleged offences under the Health and Safety at Work etc Act 1974 subject to a reconsideration of the case by the CPS.

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 wrote again to the bereaved families telling them that its prosecution of Thames Trains would proceed; see press release E194-03 issued 1 October 2003 for details.

5. HSE laid informations against Thames Trains in the City of London Magistrates' Court on 30 September 2003. Thames Trains pleaded guilty at a hearing on 10 December 2003 at Bow Street Magistrates' Court to charges that it breached of Section 2(1) and Section 3(1) of the Health and Safety at Work etc Act 1974 (HSW Act).

6. 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'.

7. The maximum sentence in a Crown Court for a single breach of either Section 2 or Section 3 of the HSW Act is an unlimited fine.

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