Whyprosecute?

I a m w r i t i n g r e g a r d i n g Alastair Dalton’s Inside Transport article, "Who’s to blame if a youth climbs on to a train roof?” ( January 8). I was disappointed to read his suggestion that Network Rail should have no responsibility for maintaining the railway boundary and that he seemed disappointed the seriously injured boy didn’t also face a fine.

Trespass is illegal and there is indeed individual responsibility as well as potentially fatal consequences. This is in addition to, and not instead of, a duty on a public body to do all it reasonably can to prevent injury to the public, including through trespass, with Parliament making this clear by law.

Education and prevention is key to minimising trespass, with legal action always the last resort. A lot of good work has been done in the industry but we act when things do go wrong to prevent them from happening again.

In this case, Network Rail deferred maintenance f or over two years and 12 points of unobstructed access onto the railway at this location were identified. This was not a one- off failure by the railway industry or Network Rail.

Remedial action was taken by the Office of Rail and Road to ensure the boundary was secured immediately after the incident – the prosecution is not the only action that was taken – and my team conducted a thorough investigation.

I would be more than happy to answer any questions Mr Dalton may have and also to go through this specific case and our reasons for prosecution.

IAN PROSSER CBE HM Chief Inspector of Railways Office of Rail and Road, London