Prosecutions

UK rail company fined £6.5m after boy killed by overhead power line

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WH Malcolm Limited, operators of Daventry International Rail Freight Terminal near Rugby, has been fined £6.5m after an 11-year-old boy was killed by electric shock.


The company was sentenced at Northampton Crown Court 30 July following a prosecution brought by the rail regulator, the Office of Rail and Road (ORR).

Harrison Ballantyne died in June 2017 when he easily gained access to the depot with his friends to retrieve a football and was able to climb on top of a stationary freight wagon, where he received a fatal electric shock from the overhead line.

He was pronounced dead at the scene despite efforts from paramedics.

During a trial which lasted three weeks, the court heard how WH Malcolm had failed to implement appropriate measures to prevent unauthorised access to a part of the site where there were frequent freight movements and overhead line equipment energised at 25,000 volts.

Daventry International Railport. Photograph: Paul Smith / Flickr

The court also heard how WH Malcolm were routinely placing freight wagons under the electrified lines for prolonged periods of time. This was despite the presence of a number of unelectrified sidings, enabling access to be gained to the vicinity of the high voltage cable.

In sentencing the company Judge HHJ Lucking QC said: "In contesting this trial the defendant failed to take responsibility for a serious and obvious failing to allow public access to what is and was a dangerous environment.”

Ian Prosser, Chief Inspector of Railways said: “Our thoughts remain with Harrison’s family and friends.

“It is only right that WH Malcolm are held to account for failing to prevent unauthorised access and for failing to manage the risks in what should have been an entirely avoidable tragedy.

“The railway industry has done some excellent work in preventing trespass and educating children about the risks, but this case serves as a reminder that should access to the railway not be properly controlled, serious events like this occur.”

WH Malcolm were charged and found guilty of two offences under Section 3 (1) of the Health and Safety at Work Act 1974 (failing to ensure, so far as is reasonably practicable, that persons not in their employment were exposed to risks to their health and safety through the conduct of their undertaking).

The company was also fined for breaching Regulation 3 of the Management of Health and Safety at Work Regulations 1999 (failing to undertake a suitable and sufficient assessment of the risks to the health and safety of persons not in their employment).

WH Malcolm was fined £6.5m and ordered to pay full prosecution costs of £241,463.60 and a victim surcharge of £120.

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