Network Rail fined £4m over fatal Grayrigg train crash

NETWORK Rail has been fined £4 million after admitting responsibility for safety failures that led to a train crash in which a Scottish grandmother was killed.

The firm, responsible for the upkeep of the railways, accepted it was at fault for the derailment near Grayrigg in Cumbria in February 2007. Margaret Masson, 84, from Glasgow died in the accident; 86 others were injured, 28 of them seriously.

Network Rail Infrastructure Ltd admitted a charge under the 1974 Health and Safety at Work Act last month. Sentencing was carried out at Preston Crown Court yesterday.

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The 300-tonne train derailed at 95mph after hitting a poorly maintained and faulty set of points, with all nine carriages coming off the tracks. Stretcher bars – which hold the moveable rails a set distance apart when points are operated – had failed.

A Rail Accident Investigation Branch (RAIB) report said the “immediate cause” of the derailment was poor maintenance of the failed points. But during last year’s inquest into Mrs Masson’s death, details emerged of a catalogue of problems with maintenance within Network Rail.

Passing sentence, Mrs Justice Swift said: “This was a very serious offence and could have easily led to greater loss of life than actually occurred.”

Network Rail was ordered to pay the fine, along with £118,037 in costs, within 28 days.

In a victim impact statement, Mrs Masson’s granddaughter said the manner in which she died was “bitter” because it could have been avoided.

Nicholas Hilliard, QC, representing the Office of Rail Regulation, summarised the statement from Margaret Jones.

He said: “She explains how her mother and father also received serious injuries in the same incident … She says her mother is still in pain and taking medication and could not return to work.

“She describes a much-loved grandmother, dreadfully missed by all the family … The manner in which she died is bitter because she feels it could have been avoided.”

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Outside court, solicitor Soyab Patel, speaking on behalf of the family, said: “The fine of £4m together with costs will ultimately be borne by the taxpayer.

“Mrs [Margaret] Langley [Mrs Masson’s daughter] is a taxpayer. Her mother died in the crash. She and her husband suffered serious injuries. She finds it offensive she is contributing to the fine.”

The inquest had heard maintenance supervisors had complained of being under-staffed and not having the right tools or enough time to do their jobs, amid “bully boy” management.

Mrs Masson’s family blamed the rail firm’s management, saying maintenance workers were “scapegoats”.

The judge said: “I am acutely conscious that no fine, however large, can put a value on the life lost as a result of the Grayrigg derailment, or the pain and suffering of those who were injured.

“That is not its purpose. The fine is imposed in order to mark the seriousness of the offence and to emphasise the fact that those who bear responsibility for ensuring the safety of the public must exercise proper care.”