Potters Bar

On 10 May 2002, the rear coach of a four coach passenger train travelling from Kings Cross station, derailed after passing over a set of points just outside Potters Bar station. The derailed coach became detached and slewed sideways, slid along the track, passing over a bridge and came to a rest on its side, wedged under the station canopy and bridging adjacent platforms. Seven people were killed and over 70 people were injured.

HSE published three interim reports into the incident. A final report may be published by ORR after all investigations are concluded and once any legal proceedings that may arise have been completed or ruled out.

The last two reports included recommendations for improving safety on the railways. These were drawn up by the independent Investigation Board, which was set up by the Health and Safety Commission under the Health and Safety at Work etc Act 1974. ORR became responsible for the Investigation Board in April 2006 when ORR took over from HSE as the health and safety regulator for the rail industry. Following ORR's closure of the remaining recommendations (see summary document below) the Potters Bar Investigation Board was disbanded in June 2008.

Background

On 17 October 2005, the Crown Prosecution Service (CPS) announced that there was not a realistic prospect of conviction for an offence of gross negligence manslaughter in relation to the Potters Bar train derailment and the case was referred to HSE.

In April 2006 responsibility for regulation of health and safety on the railways transferred to ORR. Following the derailment at Grayrigg on 23 February 2007, the inquest into the deaths of those who died at Potters Bar remained adjourned pending the Secretary of State for Transport's decision as to whether an inquest was an appropriate way forward. The Secretary of State announced on 19 June 2009 that he felt separate inquests into both incidents were appropriate. The dates for the inquests will be determined by the relevant coroners and we await their decision.

At the same time the Secretary of State for Transport announced his decision not to convene a public inquiry into the rail accidents at Grayrigg and Potters Bar, either individually or jointly.

ORR’s investigation into the derailment remains ‘open’ until the Coroner’s inquest is concluded. Once the inquest has been held, ORR will consider whether proceedings under the Health and Safety at Work Act 1974 are appropriate. This is normal policy in accordance with the Work-Related Deaths Protocol and recognises the fact that additional information may come to light as a result of the inquest, or the Coroner may decide to refer the case back to the CPS for further consideration of a manslaughter charge.

Last updated: 22 June 2009

Documents