THE OFFICE OF RAIL REGULATION has decided to prosecute Network Rail under health and safety law followng the Grayrigg derailment in early 2007. However, a rail union leader has warned that 'systemic problems' remain with the way maintenance is managed, five years later.

A Virgin service heading north to Glasgow was derailed after passing at high speed over facing points which formed part of a rarely-used crossover. Most of the train plunged down an embankment. One passenger was killed and another 86 were injured, 28 seriously.

Network Rail is facing a charge under section 3(1) of the Health and Safety at Work, etc., Act 1974. This results from the company’s alleged failure to provide and implement suitable and sufficient standards, procedures, guidance, training, tools and resources for the inspection and maintenance of fixed stretcher-bar points.

The prosecution follows the conclusion of the ORR's investigation into the derailment, and the completion late last year of the coroner’s inquest into the death of the passenger, Mrs Margaret Masson.

Ian Prosser, who is director of railway safety at the ORR, explained: “ORR has conducted a thorough investigation into whether criminal proceedings should be brought in relation to the train derailment near Grayrigg on 23 February 2007, which caused the death of Mrs Masson and injured 86 people. 

"Following the coroner’s inquest into the death of Mrs Masson, I have concluded that there is enough evidence, and that it is in the public interest, to bring criminal proceedings against Network Rail for a serious breach of health and safety law which led to the train derailment.

"My thoughts are with the family of Mrs Masson and those injured in this incident. ORR will do everything it can to ensure that the prosecution proceeds as quickly as possible

.“The railway today is as safe as it has ever been but there can be no room for complacency. The entire rail industry must continue to strive for improvements to ensure that public safety is never put at risk.” 

Network Rail's director of operations and customer services Robin Gisby said: "Network Rail has not hidden from its responsibilities - the company accepted quickly that it was a fault with the infrastructure that caused the accident. We again apologise to Mrs Masson's family.

"Since the derailment Network Rail has worked closely with the authorities, conducted comprehensive and detailed investigations and made substantial changes to its maintenance regime."

The general secretary of the RMT union, Bob Crow, responded to the announcement by saying: "No organisation has fought harder than RMT for the lessons of the Grayrigg disaster to be learnt and for the core issues that led to this preventable tragedy from happening to be tackled so that we don’t get a repeat in the future. 

"This prosecution leaves the ORR facing both ways, on the one hand as the regulator taking this action and on the other as the budget holder demanding yet more cuts from Network Rail that add to the risk of having inadequate time and staff to complete proper patrols and maintenance.

"There remain systemic problems which have failed to be addressed since this derailment and they have been compounded by the ORR-driven cuts regime and the looming threat to jobs of the McNulty Rail Review. 

"This prosecution does not let the ORR off the hook for their role as the driver of the cuts."

The first hearing is due to take place at Lancaster Magistrates’ Court on 24 February.