Two girls killed on level crossing at Elsenham (December 2005)

[whole diary]

[Chris from Nailsea]

From msn news:

Network Rail accused of 'cover-up'

The families of two girls killed at a railway level crossing more than five years ago have called for a fresh inquiry after the discovery of a document stating that their deaths should have been prevented.

Olivia Bazlinton was 14 and her friend Charlotte Thompson was 13 when they were hit by a train at Elsenham station in Essex December in 2005.

A risk assessment report made in 2002 that has only just come to light recommended a set of gates to the pedestrian crossing should be locked when trains approach.

Three-and-a-half years later, the gates still did not lock automatically and the girls were able to walk on to the tracks.

Olivia's father Chris Bazlinton, 62, said that the fact the document was not released for the inquest by Network Rail amounted to "a cover-up", and would have affected its outcome as well as a subsequent civil case.

Mr Bazlinton said: "I believe this goes very close to the top. I believe it's a cover-up, absolutely. We're calling for the true facts to come out. I want people named. I want to know who decided not to send the document. We just need an inquiry."

The crucial paragraph in the risk assessment report reads: "Consideration should be given to the practicality of incorporating the Wicket Gates into the inter-locking of Elsenham crossing controls and effectively lock them closed when trains are approaching."

This was seen by the families for the first time just three weeks ago and was not part of the evidence listed in the 2007 inquest presided over by the Essex Coroner, in which a jury returned a verdict of accidental death.

A civil case against Network Rail collapsed last December after the operator did not mount a defence, and a compensation settlement was made out of court.

An official from the Rail Accident Investigation Branch (RAIB^▸ (Rail Accident Investigation Branch)) said: "This document was not known to the RAIB and is therefore an item of new evidence. Had this document been made available to the RAIB it is likely that reference would have made to it in our final report." However, he added: "I judge it unlikely that our conclusions or recommendations would have been significantly different."

[JayMac]

From the BBC^» (British Broadcasting Corporation - home page):

Essex girls' rail level crossing deaths case re-opened

An inquiry into the deaths of two girls at an Essex level crossing more than five years ago has been re-opened after the discovery of new evidence.

Olivia Bazlinton, 14, and Charlotte Thompson, 13, died when a train hit them at Elsenham in December 2005.

An unseen Network Rail risk report, which was written in 2002, considered locking the gates to the pedestrian crossing as trains approached.

The Office of Rail Regulation (ORR^» (Office of Rail and Road formerly Office of Rail Regulation - about)) is reviewing the document.

Inspectors will look at whether it affects the outcome of their previously concluded investigation.

On Saturday Olivia's father Chris Bazlinton, 62, said the document was not released for the 2007 inquest by Network Rail and that amounted to "a cover-up".

Olivia and Charlotte were killed by an express train at Elsenham railway station on their way to Cambridge for a shopping trip.

The inquest jury returned a verdict of accidental death.

"The Office of Rail Regulation confirms it has recently received a copy of a key document which it had not seen previously, relating to the tragic double fatality at Elsenham level crossing in December 2005," said an ORR spokesman. "Press reports over the past few days have correctly reported that the record of a risk assessment undertaken in 2002 was not included in a bundle of documents provided to meet the inspector's request immediately after the accident."

A statement from Network Rail said: "The deaths of Olivia Bazlinton and Charlotte Thompson over five years ago, were a tragedy. It was also an accident, as the coroner's verdict clearly stated. The thoughts of Network Rail remain with the girls' families and friends. Every accidental death at a level crossing is tragic. Fortunately they are rare and Britain has a safety record that stands up well to international comparisons. Just this week Network Rail unveiled more measures to deter incidents at level crossings. Our awareness campaign began over six years ago and was commended by the coroner at Olivia and Charlotte's inquest."

[Chris from Nailsea]

From the Herts and Essex Observer:

Dad's anger over report which predicted tragedy four years before girls killed on Elsenham rail crossing

A second document predicting in chilling detail the fate of schoolgirls Olivia Bazlinton and Charlotte Thompson four years before they were killed by a train at Elsenham station has emerged ^ as Network Rail revealed it is to scrap hundreds of level crossings.

The memo, written by level crossing standards manager John Hudd in May 2001, highlights the specific safety concerns that would lead to the girls^ deaths in December 2005. In it, he speaks of having ^serious reservations^ that pedestrians could use the wicket gates even when the warning lights were red.

Olivia, 14, from Elsenham, and Charlotte, 13, from Thaxted, were struck by a Stansted Airport-bound express train after walking through the unsecured barriers onto the tracks to catch a train to Cambridge waiting on the opposite side.

Mr Hudd said the temptation to cross was ^to many, irresistible^, adding: ^What makes the whole thing, I believe, undesirably risky is the large number of users (which includes a lot of schoolchildren).^

The damning document was disclosed only when the Office of Rail Regulation (ORR^» (Office of Rail and Road formerly Office of Rail Regulation - about)) reopened its investigation after it was revealed in February that a 2002 risk assessment by Network Rail had been apparently withheld in the aftermath of the tragedy. Neither was made available to investigators or the coroner.

Olivia^s father, Chris Bazlinton, told the Observer on Wednesday (May 11): ^I was completely shocked that yet another document had come up that predicted and described the accident as it happened. I could have written it myself the day after they died. It^s horrific.^

The girls^ families are now waiting for the results of the ORR report, which is expected to be published in the coming weeks. It can launch criminal proceedings if it suspects Network Rail of wrongdoing.

Mr Bazlinton said: ^I hope the legal authorities will take action as it seems to me that they withheld evidence and are possibly in contempt of court. Maybe a public inquiry under oath is the only place to force people to tell what they knew.^

He added: ^The guy who wrote that memo was the same as signed off the risk assessment in 2002. He must have passed this information on yet other people decided not to act on it. If we can get the full story it should help inform people in future about safety, not only on the railways but anywhere there are safety issues, and also prove how important it is to consider every detail and every action.^

Network Rail said it was helping the ORR with its investigation and that ^nothing has been held back^.

On Tuesday, a letter sent to company members by chief executive David Higgins outlined measures designed to cut the risk of fatalities by 25 per cent over the next three years. They include removing 250 crossings, fitting warning lights at 200, spoken warnings at 129 station crossings and improved sighting at 826.

A spokesman said keeping people safe was of ^paramount importance^.

^The tragedy at Elsenham has taught us all that there is no room for complacency when it comes to safety at level crossings, and while they are safe if users abide by the warnings put in place for their protection, we must and will do more to make them safer still.^

[JayMac]

From the BBC^» (British Broadcasting Corporation - home page):

Network Rail prosecuted over deaths of girls at Elsenham

Network Rail is to be prosecuted over the deaths of two girls at an Essex level crossing almost six years ago.

Olivia Bazlinton, 14, and Charlotte Thompson, 13, died when an express train hit them at Elsenham on 3 December 2005.

The girls were about to catch another train for a Christmas shopping trip to Cambridge.

The Office of Rail Regulation (ORR^» (Office of Rail and Road formerly Office of Rail Regulation - about)) will lodge charges at Chelmsford Magistrates' Court.

The girls had used the station footpath crossing, owned and operated by Network Rail, to reach the station platform.

They were attempting to catch a Cambridge-bound train which had stopped at the station.

They were hit by a through-train heading to Stansted Airport after they opened the gates and walked on to the crossing.

'Public interest'

Network Rail faces two charges under the Management of Health and Safety at Work Regulations 1999 and one charge under the Health and Safety at Work Act 1974.

Ian Prosser, director of railway safety at ORR, 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."

Chief Executive of Network Rail, David Higgins, said in a statement: "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 more than 500 crossing 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."

The first hearing is due to take place at Chelmsford Magistrates' Court on 31 January 2012.

[JayMac]

From the BBC^» (British Broadcasting Corporation - home page):

Network Rail admits safety breaches over girls' deaths

Network Rail has admitted three health and safety breaches over the deaths of two girls at an Essex level crossing in 2005, a court has heard.

Olivia Bazlinton, 14, and Charlotte Thompson, 13, were hit by a train as they walked over train tracks at Elsenham station footpath crossing.

Lawyers at Basildon Magistrates' Court said Network Rail would plead guilty.

Chris Bazlinton, Olivia's father, said the plea showed the family had been misled.

Mr Bazlinton, 63, from Farnham, Essex, said: "I am glad that Network Rail has pleaded guilty to what after all are criminal charges. It proves that we have been lied to over the years.

'Cover up' claims

"I believe there are still many specific questions about what happened which are still unanswered, and generally about why the revelations only emerged over the past 12 months, six years after the accident."

Network Rail said it would plead guilty to failing to carry out a sufficient risk assessment, failing to properly control protective measures at the level crossing and failing to prevent the girls from being exposed to the risks which led to their deaths.

Sentencing will take place at Chelmsford Crown Court on 15 March.

Sir David Higgins, chief executive of Network Rail, said: "Last year I apologised in person to the families of Olivia and Charlotte. Today, Network Rail repeats that apology.

"In this tragic case, Network Rail accepts that it was responsible for failings, and therefore we have pleaded guilty."

In February last year, it emerged a Network Rail risk report from 2002 had recommended new gates that locked automatically as trains approached.

Journalist Mr Bazlinton said the failure to disclose the document for so long amounted to a "cover up".

"I have no doubt Network Rail will change their procedures to ensure that action is taken when problems arise, and to avoid a cover up happening again," he said. "But I think this should be transparent and open. I want to know what they are going to do to change the way they report on accidents and how they account for them."

Olivia and Charlotte were killed on 3 December 2005. The crossing was fitted with warning lights and yodel alarms.

A London to Cambridge train passed over the crossing with the red lights and yodel sounding - a warning for foot passengers not to cross.

Christmas shopping trip

After the train passed, the lights remained on and the alarms continued to sound as another train, travelling from Birmingham to Stansted Airport, in Essex, was going to pass through the station.

The girls, who were about to catch another train for a Christmas shopping trip to Cambridge, opened the unlocked wicket gates and walked on to the crossing. They were both struck by the Stansted train and killed.

Outside court, Reg Thompson, Charlotte's father, said: "The horror of that day is always with us and the huge hole in our lives left by Charlie will never be filled. In the aftermath of the accident, Network Rail claimed the girls had acted recklessly and that somehow their youthful exuberance led directly to their deaths. I never believed that they were the architects of their own terrible end. It has taken six years to reveal the truth of what happened."

Safety features, including locked gates, were introduced in the summer of 2007.

In November last year, the Office of Rail Regulation (ORR^» (Office of Rail and Road formerly Office of Rail Regulation - about)) announced that it would prosecute NR^» (Network Rail - home page) over those deaths after reopening its investigation into the accident.

The criminal case came after the Transport Salaried Staffs Association joined the girls' families in demanding a public inquiry amid claims that two safety documents were not disclosed to the Essex Coroner at the 2007 inquest into their deaths.

The inquest jury returned a verdict of accidental death.

A statement from the father of one of the girls, following Network Rail's guilty plea can be viewed here.

[Phil]

I have to say, the only "cover up" that I can see is the journalist's trick of hiding the key line of text under a sub-heading as if it were an afterthought of lesser importance.

CHRISTMAS SHOPPING TRIP, it says, in bold type, and then almost apologetically underneath that "After the train passed, the lights remained on and the alarms continued to sound as another train, travelling from Birmingham to Stansted Airport, in Essex, was going to pass through the station"

The lights remained on. Another train was coming. Far from being a "cover up", it seems perfectly obvious that it would be foolhardy to ignore the warnings and risk crossing the line.

[John R]

The "cover up" talked about relates to the fact that Network Rail failed to disclose material documents relating to the risk assessment of the crossing prior to the incident which indicated that there was a problem with use of the crossing which meant that action needed to be taken. If the recommended action had been taken then the girls would not have died. These documents only emerged following the inquest and the new Chairman of NR^» (Network Rail - home page) has admitted to the parents that its failure to disclose them was totally unacceptable.

 

[Phil]

Ah, OK - sorry, I only read the report above. Fair enough then.

[Sprog]

Stop, look, listen, live.

This was a basic principal that was taught to me by my parents as well as in school - If they had followed this, they would still be alive.

The parents/idiots are just using NR^» (Network Rail - home page) as a scapegoat and are completely ignoring that fact that their children were dippy enough to ignore the warnings and run infront of a train.

What about the harm done to the driver who watched them disappear under his unit, or the poor bystanders on the platform who had to endure being covered in the girls 'red mist'....

Schools are probably too busy teaching kids about Global warming and human rights to bother about things like basic road/railway safety and 'not talking to strangers'.

[Chris from Nailsea]

From the Telegraph:

Rail crossing victims' families vow to continue fight despite forcing Network Rail to admit it was at fault

The families of two teenage girls killed at a dangerous level crossing said Network Rail had behaved "appallingly and without honour" after the rail operator admitted it was at fault.
Olivia Bazlinton, 14, and her friend Charlotte Thomson, 13, were heading out for a Christmas shopping trip when they were struck down by a high-speed train in 2005.
Their parents have said the crossing they used was an "accident waiting to happen" as gates were not properly locked and passengers were forced to traverse the tracks to buy tickets.
At first Network Rail said the two girls were at fault but after a six year campaign have finally admitted they had breached health safety standards at Elsenham station in Essex. It now faces a multi-million pound payout.
It made its admission only after a document written in 2002 emerged last year, which had exposed the risk of the gates not properly being locked.
Yesterday at Basildon Magistrates Court, the company admitted failing to carry out a sufficient risk assessment of the crossing, failing to properly control protective measures and failing to prevent the girls from being exposed to the risks which led to their deaths.
But despite the victory the families said it brought them no comfort and they continued their battle for answers and to prevent more deaths.
Reg Thompson, 54, Charlotte's father, said Network Rail had "behaved appallingly badly and without honour".
"Today does not give me any satisfaction or pleasure at all, but I do want people to know, people to realise, that Charlie and Liv would be alive today had Elsenham station had proper safety measures in place.
"I am old enough and tired enough to be not shocked by any kind of behaviour ^ the people who are responsible for what happened to Liv and Charlie probably still sleep at night ^ that's the way that the world is I am afraid.
"She is part of our lives all the time ^. it does not get better. People say that time cures ^ time does not cure. You just get used to it."
He said that if Network Rail had behaved with any integrity, it would have reduced their pain.
"If they had acted with integrity and said 'we knew, we are sorry', it would not have brought the girls back but at least it would have been honourable and we could have got on with our lives.
"This is not about anything other than making the railways safer and making the truth come out."
Chris Bazlinton, 63, Olivia's father, said that they were "angry" that the company had withheld documents from them.
"We still have a lot of questions we want answered ^ 'who knew about this?' 'how high did the cover-up go? ^ and I do believe it was a cover-up," he said.
"They withheld documents from official enquiries, they withheld documents from the coroner and this is not ending today."
The two girls were killed on December 3, 2005, as they crossed a footpath leading to Elsenham station platform.
The crossing's lights were flashing and alarms were sounding as the London to Cambridge train passed over the crossing ^ a warning for foot passengers not to cross.
But after the train passed, the lights remained on and the alarms continued to sound as another train, travelling from Birmingham to Stansted Airport in Essex, was going to pass through the station.
The girls mistakenly opened the unlocked wicket gates and walked on to the crossing and were struck by the second train.
Sarah LeFerve, prosecuting, said when the girls' train had arrived at the station, they crossed the track, "believing themselves to be safe".
She said: "They stepped across the track and directly into the path of a train heading in the opposite direction and both were killed."
She asked for the case to be sentenced at crown court, saying fines, totalling ^30,000, available to the magistrates were insufficient for the gravity of the offences.
After the hearing David Higgins, chief executive of Network Rail, said: "Last year I apologised in person to the families of Olivia and Charlotte.
"Today, Network Rail repeats that apology. In this tragic case, Network Rail accepts that it was responsible for failings, and therefore we have pleaded guilty.
"Nothing we can say or do will lessen the pain felt by Olivia and Charlotte's families but I have promised them that we are committed to making our railway as safe as possible."
Sentencing takes place at Chelmsford Crown Court on March 15.

[JayMac]

Stop, look, listen, live.

This was a basic principal that was taught to me by my parents as well as in school - If they had followed this, they would still be alive.

The parents/idiots are just using NR^» (Network Rail - home page) as a scapegoat and are completely ignoring that fact that their children were dippy enough to ignore the warnings and run infront of a train.

What about the harm done to the driver who watched them disappear under his unit, or the poor bystanders on the platform who had to endure being covered in the girls 'red mist'....

Schools are probably too busy teaching kids about Global warming and human rights to bother about things like basic road/railway safety and 'not talking to strangers'.

Whatever your percieved rights and wrongs of the actions of the two girls, Network Rail have pleaded guilty to breaches of Health and Safety law. That doesn't make them scapegoats for the actions of others. If they were certain of their legal position and had nothing to fear from the legal process, then why plead guilty?

Also, I have it on good authority (from a teacher friend) that Network Rail continue to visit schools on a regular basis, to educate children on the dangers of railways.

[super tm]

Stop, look, listen, live.

This was a basic principal that was taught to me by my parents as well as in school - If they had followed this, they would still be alive.

The parents/idiots are just using NR^» (Network Rail - home page) as a scapegoat and are completely ignoring that fact that their children were dippy enough to ignore the warnings and run infront of a train.

What about the harm done to the driver who watched them disappear under his unit, or the poor bystanders on the platform who had to endure being covered in the girls 'red mist'....

Schools are probably too busy teaching kids about Global warming and human rights to bother about things like basic road/railway safety and 'not talking to strangers'.

I cant agree with that.  As it said in the report the most likely explanation for their behaviour is that they assumed that the reason for the barrier being across the road was for the stationary train in the platform.  By pleading guilty Network Rail has accepted that the crossing had inherent design flaws which had been recognised years earlier and which they had not acted on. 

It would seem to be obvious to me that a person could make such an assumption and that any gate should be of the locking type.

The girls were not reckless but made an understandable mistake which sadly cost them their lives.

[JayMac]

From the BBC^» (British Broadcasting Corporation - home page):

Network Rail fined ^1m over girls' level crossing deaths

Network Rail has been fined ^1m after admitting health and safety breaches over the deaths of two girls at an Essex level crossing.

Friends Olivia Bazlinton, 14, and Charlotte Thompson, 13, were hit by a train in December 2005 as they crossed the railway line at Elsenham station and died instantly.

The company pleaded guilty to three offences at Chelmsford Crown Court.

Judge David Turner QC also ordered Network Rail to pay ^60,000 costs.

A series of risk assessments had been carried out at the site, which highlighted the dangers of the crossing. A Network Rail report from 2002 had recommended new gates that locked automatically as trains approached but they had not been fitted.

'Tragic case'

Judge Turner accused Network Rail of "corporate blindness". He said: "The company unreservedly apologises for its failures which contributed to the deaths of these young girls. Network Rail, in part by itself and in part through its predecessor Railtrack, failed to ensure that the risks were properly assessed, controlled or managed. The company concedes that the procedures or standards in place for conducting level crossing risk assessments before 2005 were deficient."

Following the sentence Network Rail chief executive Sir David Higgins said: "On behalf of Network Rail I apologise for the mistakes made by us in this tragic case that contributed to the deaths of Olivia and Charlotte. Nothing we can say or do will lessen the pain felt by Olivia and Charlotte's families but I have promised the families that we will make level crossings safer, and we will deliver on that promise. Fundamental changes to the way we manage and look after the country's 6,500 level crossings have, and are being made. In recent years we have reassessed all of our crossings and closed over 500. There is still much to do and we are committed to doing what is necessary to improve our level crossings."

The mothers of the girls sat next to each other in court cradling old teddy bears. They listened as prosecutor Jonathan Ashley-Norman described the moments leading up to the incident on 3 December 2005.

Mr Ashley-Norman said: "This is as tragic a case as any to reach the criminal courts."

Unlocked gates

The court was told the girls were looking forward to a day out together in Cambridge when tragedy struck.

Mr Ashley-Norman said: "While the lights were still flashing, but plainly believing themselves safe to cross, they stepped across the track and directly into the path of the train heading in the opposite direction. They were instantly killed."

The girls died as they crossed the footpath leading to Elsenham station platform. The crossing was fitted with warning lights and yodel alarms.

A London to Cambridge train passed over the crossing with the red lights and yodel sounding - a warning for foot passengers not to cross. After the train passed, the lights remained on and the alarms continued to sound as another train, travelling from Birmingham to Stansted Airport in Essex, was going to pass through the station.

The girls opened the unlocked wicket gates and walked on to the crossing. They were both struck by the Stansted train and killed.

In January, Network Rail, the authority responsible for the UK^▸ (United Kingdom)'s railway network, admitted breaching health and safety laws at the level crossing.

Mr Ashley-Norman told the court the lateness of the prosecution came as a result of "serious flaws in the disclosure process" from Network Rail.

'Undesirably risky'

Key risk assessment documents did not come to light until the bereaved families pursued civil action against the authority, he said.

"Once the full chronology was revealed, serious failures in the approach to the assessment of risk at Elsenham were exposed," he said.

Mr Ashley-Norman told the court about a series of risk assessments that were performed by the company in the years leading up to the accident. One which was conducted in May 2001 called the wicket-gate pedestrian crossing "undesirably risky".

The assessment, conducted by John Hudd, East Anglia level crossings manager for Network Rail, reads: "I have quite serious reservations about the arrangements which are in place for pedestrians. The combination of free pedestrian wickets adjacent to locked vehicular gates with a crossing keeper on hand is not very comprehensible to the layman (or me!).

"What makes the whole thing I believe undesirable risky is the large numbers of users (which includes a lot of schoolchildren)."

[onthecushions]

It seems that NR^» (Network Rail - home page)'s failure was not to act on a report calling for locking pedestrian gates. Whether these are practical - were they in use at other locations at the time?

Otherwise, passing a red light or home signal on the railway has consequences that can't be passed off onto someone else, even for schoolgirls. Had these poor lasses been knocked down by a road vehicle, who would remember?

All very sad,

OTC

[dviner]

It seems that NR^» (Network Rail - home page)'s failure was not to act on a report calling for locking pedestrian gates. Whether these are practical - were they in use at other locations at the time?

I believe the capability to lock pedestrian gates was available at the time - although locking pedestrian gates can cause other problems, as highlighted in another incident posted in the Coffee Shop a couple of weeks ago.

Otherwise, passing a red light or home signal on the railway has consequences that can't be passed off onto someone else, even for schoolgirls.

Not quite getting your meaning here - passing a red light or home signal on the railway does have consequences. When it happens investigations are carried out, as it's not always the driver's fault. However, the railway signals weren't an issue in this case - with the road barriers down and pedestrian and road warning signals (lights and yodels) it was correct for the trains to have green signals.

It sounds a bit callous, but all the schoolgirls were expected to do was to obey the warning signs and signals.

Had these poor lasses been knocked down by a road vehicle, who would remember?

Callous again, but - their families, friends and people involved in the incident. There may have been some headlines, but those would have gone away after a while.

All very sad,

OTC

Agreed.