Heather Foster: Lineside fencing must be properly inspected and maintained says the Health and Safety Executive

HSE Press Release:E152-04 - 3 November 2004

Two companies, Network Rail Infrastructure Limited (NRIL) and Jarvis Facilities Limited (JFL) today received fines totalling £285,000 for breaches of health and safety law at Liverpool Crown Court. The prosecution was brought by the Health and Safety Executive (HSE) and followed its investigation into the death of Heather Foster on 14 August 2000.

Eight-year-old Heather Foster died following contact with the electrified third rail of railway track near her home in Aigburth, Merseyside. Access to the electrified track, near St Michael's Station, was possible due to inadequacies in the standard of lineside fencing maintenance. Near to the site of the incident was a children's den, with a well-trodden path leading to it among scrub vegetation and trees. This wooded area was popular with youngsters living nearby; Heather was playing with friends at the den when the incident occurred. HSE alleged that NRIL and JFL companies failed in their legal duty to take all reasonably practical steps to reduce the risks to people such as and including Heather, by failing to maintain lineside fencing which would have prevented access to the electrified track. Both NRIL and JFL pleaded guilty to failing in that duty between 25 January and 15 August at previous hearings before Liverpool Crown Court.

HSE's HM Railway Inspector, Stephen Turner, who investigated the circumstances of Heather's death said:

"My investigation revealed shortcomings in the systems managed by both companies to ensure that lineside fencing in the area where Heather died was properly inspected and maintained. Such was the location around the railway in this area - dense, scrubby woodland - that visibility of the track and its protective fencing was limited. This meant that the usual site inspections - such as a track walk - would not readily reveal whether fencing was missing or damaged in such a way as to allow access to the electrified track.

"Electrified third rail infrastructure in an urban area is a high-risk location in terms of its fencing and should be properly inspected and maintained. Remedial action was taken immediately and I can report that, in general, HSE has noted an improvement in standards of lineside fencing both locally and nationally since Heather's death. These standards must be maintained if we are to avoid another tragedy like this, and spare another family the loss of a child."

JFL of Frogmore Park, Watton at Stone, Hertford SG14 3RU was fined £200,000 and ordered to pay costs of £40,000 to HSE. NRIL of 40 Melton Street, London NW1 2EE was fined £85,000 and ordered to pay costs of £20,000 to HSE.

Notes to editors

1. 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 may be affected thereby are not thereby exposed to risks to their health or safety."

2. The charges related to the maintenance of lineside fencing in the area of St Michael's Station Liverpool (the Northern Line running between Southport and Hunts Cross) during the period 25 January 2000 and 15 August 2000. At the time of the incident Railtrack PLC - now NRIL - was the infrastructure controller and JFL was the maintenance contractor for that area of track.

3. NRIL pleaded guilty to the charge of breaching Section 3(1) of the HSW Act at a hearing at Liverpool Crown Court on 20 May 2004. JFL pleaded guilty to the charge of breaching Section 3(1) of the HSW Act at a hearing at Liverpool Crown Court on 2 July 2004.

4. The maximum penalty for a single offence under Section 3 (1) in a Crown Court is an unlimited fine.

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