Rail operator to be prosecuted after two girls hit by express train on level crossing in Essex in 2005
Network Rail faces a multimillion-pound fine after the rail regulator began criminal proceedings against the company over the deaths of two teenagers at a level crossing.
Olivia Bazlinton, 14, and Charlotte Thompson, 13, were struck by an express train while using a crossing in Elsenham, Essex on 3 December 2005. The girls were on their way to do Christmas shopping in Cambridge.
The investigation was originally closed in May 2007 but the Office of Rail Regulation (ORR) reopened it in February this year after documents from 2002 were brought to its attention by the girls' families. The files showed that safety concerns had been raised about the crossings before the accident.
Ian Prosser, ORR's director of railway safety, said: "After careful consideration and examination of Network Rail documents not previously seen by ORR, we have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for serious breaches of health and safety law which led to the deaths of Olivia Bazlinton and Charlotte Thompson at Elsenham station footpath crossing in December 2005.
"Legal papers have been lodged at Chelmsford magistrates court.
"My thoughts are with the families of Olivia and Charlotte. ORR will do everything it can to ensure that the prosecution proceeds as quickly as possible."
Network Rail, which owns and operates the Elsenham station footpath crossing, faces two charges under health and safety laws and if found guilty, faces an unlimited fine. This year it was fined £3m after inheriting the liability from Railtrack for the 2002 Potters Bar rail crash, in which seven people died.
ORR alleges that Network Rail failed to carry out proper assessments of the risks to the safety of people using the crossing or to have in place adequate arrangements to underpin assessments that were carried out.
The first hearing is scheduled for Chelmsford magistrates court on 31 January. Network Rail said it was "unlikely to contest what the regulator has to say in terms of the prosecution".
Olivia's father, Chris Bazlinton, said it was right that people would be brought to account and that unanswered questions remained. "We are pleased that ORR has decided to take action," he said. "None of this will bring back Liv or Charlie, but hopefully other families will not have to go through what we have."
The prosecution was also welcomed by the leader of the TSSA rail union, which has been campaigning for a public inquiry into the Elsenham accident. Manuel Cortes said: "I sincerely hope that the criminal trial brings some level of comfort and closure to the families of both Liv and Charlie."
David Higgins, the chief executive of Network Rail, said: "This was a deeply tragic event. Since this accident in 2005 we have launched a major programme to update the assessments of all our 7,000-plus crossings, improving risk management and safety and we have closed over 500 crossings since 2009.
"When it comes to safety we will never be complacent and we continue to work alongside local communities and all the relevant authorities and other stakeholders to make our level crossings safer still."
Network Rail is investing an extra £100m in making crossings safer and closing the most dangerous sites.