Guardian Unlimited: March 30, 2007
Network Rail was today fined £4m for "systemic and unacceptable" safety failures that led to the 1999 Paddington rail disaster.
Thirty-one people died and more than 400 were injured when a local Thames Trains service went through a red signal and collided with a London-bound First Great Western express train.
Network Rail - the firm responsible for maintaining Britain's railways - was fined at Blackfriars crown court, in London.
The company, which had earlier admitted breaches of the 1974 Health and Safety at Work Act between January 1 1995 and October 5 1999, was also ordered to pay £225,000 towards prosecution costs.
Officials from Railtrack, the precursor to Network Rail, were warned at least five years before the collision that a set of signals was badly laid out and so difficult for drivers to interpret that a serious incident was likely to happen, the hearing was told.
The signals had been misinterpreted by drivers at least seven times in the previous five years, and had been the subject of internal inquiries.
The Paddington disaster, which was likened in court to a "senseless and unnecessary terrorist attack", would never have happened had it not been for a string of safety blunders.
Failures spanned several years and flowed from "the culture at the top" of the company, the court heard.
Passing sentence, Mr Justice Bean said Railtrack had admitted that its failure to carry out "adequate root cause analysis" of signals passed at danger (Spads) had been "systemic and unacceptable".
Quoting from his judgment, he added: "It was due, as counsel to the [Lord Cullen] inquiry submitted, to a combination of incompetent management and inadequate process, the latter consisting in the absence of a process at a higher level for identifying whether those who were responsible for convening such committees were or were not doing so.
"If a signal sighting committee had been convened, it would have found that SN [signal] 109 was unacceptable, not merely because of its non-compliance with the relevant group standards, but also of the inferior quality of its visibility."
Chris Newell, the principal Crown Prosecution Service legal adviser, said Railtrack had been held accountable for the "disastrous and inexcusable failures" that caused the tragedy.
Denman and Maureen Groves, who lost their daughter, Juliet, in the crash, said it was "plain from quite early on" who was to blame for the disaster.
"Now we believe the truth has been heard in court," they said. "But still there are those who should have been brought to court today to stand trial for manslaughter.
"They go unpunished for their gross negligence that killed our beloved daughter Juliet and 30 others. The worrying thing is they still work for Network Rail."
The Network Rail chairman, Ian McAllister, said the company was "very sorry for the failings of Railtrack some seven years ago that contributed to the tragedy at Ladbroke Grove".
"Network Rail accepts the fine imposed by the court today," he added. "The events of Ladbroke Grove will always be remembered, and our thoughts must remain with the families and friends of the 31 people who lost their lives on that tragic day and those that were injured."
The court heard that one Railtrack official had gone as far as to assure First Great Western Trains and the rail drivers' union Aslef that he had ordered an expert review into the safety of the controversial signal when he had in fact not done so.
Another official was so concerned he sent a colleague an email warning of "a big one". He asked that it be deleted once read.
At 8.11am on October 5 1999, his fears were realised when the Thames Trains service, leaving Paddington, passed signal SN109 at red and drove into the path of the First Great Western Trains flyer, which was travelling from Cheltenham.
Both drivers belatedly realised they were on a collision path but were unable to stop and crashed at 130mph.
At the hearing, Philip Mott QC said "a catalogue of failures to act over a number of years" had "left one signal in an inadequate state and continually missed by experienced and inexperienced drivers".
Mr McAllister said new systems that would prevent a repeat of the disaster were in place.
"The railways have seen huge change since 1999," he added. "Network Rail took over from Railtrack in 2002 and completed the installation of an automatic train braking system that would have prevented the Ladbroke Grove tragedy.
"This system ... will automatically apply a train's brakes if it passes a signal at red or approaches one too quickly."
See also:
The Final Insult
Reading Evening Post: 2/4/2007
READING survivors of the Ladbroke Grove rail disaster have dismissed the multi-million pound fine imposed on Network Rail as “a drop in the ocean”.
The company was ordered to pay £4 million for the “systematic and unacceptable” failures that led to the tragedy on October 5, 1999, at a sentencing hearing in London on Friday.
But crash survivors from Reading have told the Evening Post the sentencing at Blackfriar’s Crown Court will do nothing to alleviate the suffering of victims or improve rail safety.
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Tony Knox, who was a passenger on the London-bound First Great Western train, suffered a collapsed lung, broken ribs and cuts and bruises.
He said: “I think Network Rail last year had an income of £3 billion – that’s a 750th of that income.
“It’s a drop in the ocean, it’s not going to punish them.
“I find it soul destroying that when it comes to something wrong the managers turn around and say ‘sorry nothing to do with me’ but when things go well they blow their trumpets.”
Mr Knox, who also suffered from post-traumatic stress disorder and still has flashbacks, said he lost his job as a result of the crash and is now unable to use any public transport.
“It’s not going to help people come to terms with it,” he said.
“I have always thought that time is a great healer – it’s now been almost eight years and I’m still suffering.
“I will never forget what happened, it will always be there.
A total of 31 people were killed and more than 400 injured on October 5, 1999, when a Thames Train from Paddington station went through a red light at signal SN109 in Ladbroke Grove and crashed into a London-bound First Great Western service.
Tilehurst man Michael Hodder, the 31-year-old driver of the Thames Train, which was heading to Wiltshire, was among those who died.
The fine is the second highest imposed on a rail company for safety breaches following the £7.5 million awarded against engineering firm Balfour Beatty in 2005 over the 2000 Hatfield train crash.
Mr Knox added: “It was a life-changing day, but it was not life changing for the best, it was life changing for the worst. But I’m lucky I survived, I’m not saying ‘oh, poor me’.”
Fellow survivor Alan Macro, a Theale parish councillor, was also a passenger in the First Great Western train. Although he escaped uninjured, Mr Macro said he had been affected emotionally by the crash and was still affected today.
“The fine is not really enough to make a company think when they make a decision that affects safety,” he said. “It’s taken so long to come to fruition.
“It’s too late and I don’t think this penalty is enough. Some people were so terribly affected by this, I don’t think they will ever recover. I don’t think any fine or anything will put things to conclusion – we must continue to fight for better railway safety.
“When I see pictures of the crash and also the Ufton Nervet crash which happened up the road, when I see pictures of bombings in Baghdad, it all comes back.”
After the sentencing rail union leaders said the £4 million fine imposed on Network Rail, which took over from Railtrack in 2002, should be paid out of directors’ salaries. Otherwise it would be taxpayers who foot the bill as the company was publicly funded, they argued.
Both Mr Knox and Mr Macro rejected the claim saying it would be unfair as Network Rail’s current directors were not the same as Railtrack’s at the time of the crash.
But they hit out at the UK legal system for not allowing corporate manslaughter charges to be brought against the directors who were in command at the time.
“I have in the past suggested that in any year there is a rail accident, there should be no bonuses payable – that would be fair,” Mr Knox said.
“However to penalise people like [John] Armit [Network Rail’s chief executive] who was not at the company at the time would be illegal and certainly unethical and unfair.
“I would prefer to see a jail sentence for those responsible but it won’t happen – we have been asking for that for eight years, it’s not going to happen. It’s being decided that you can’t prove there was one single controlling mind.”
Mr Macro added: “The original mistake was made by Railtrack and it’s Network Rail that has to pay the fine.
“The directors were not the people who made these decisions, so I do not really agree with this.
“But Network Rail is supposed to be a non-profit organisation – the money will come out of the money that was available for improvements.
“The other thing is the companies are fined under the health and safety legislation but we still do not have a corporate manslaughter charge. We should have been able to prosecute the directors of Railtrack for what happened.”
A catalogues of failures by Railtrack led to the catastrophe, Blackfriar’s Crown Court heard last week.
The disaster would never have happened but for a string of safety blunders spanning several years from the “culture at the top” of the company, the court heard.
Friday’s sentencing came more than seven years after the crash. It followed a decision by the Health and Safety Commission taken three days after the crash to hold a public inquiry into the collision.
The inquiry was led by Lord Cullen, who was highly critical of both Railtrack and of driver training at Thames Trains. The Cullen report also found there had been difficulties seeing the signals in the Paddington area and that Railtrack had failed to deal with previous instances of trains passing danger signals there.