Croydon tram crash 10 years on: Families say justice was not done

Ten years on from the fatal Croydon tram crash, the families of those who died say they believe they were failed by the justice system.

Tram 2551 came off the tracks on a sharp bend at 06:07 GMT on 9 November 2016. It was travelling at over 43mph (70km/h) - more than three times the recommended limit.

Sixty-nine passengers were on board at the time. Seven people died and 61 were injured.

The driver Alfred Dorris was cleared of health and safety offences following a trial, while Transport for London (TfL) and Tram Operations Limited (TOL) were fined a total of £14m for failing in their health and safety duties.

"It's a milestone at 10 years, but to us we live with it everyday. Justice was not served," says Jean Smith, whose son Mark died in the derailment.

Danielle Richardson, who lost her grandfather Phillip Logan, says: "I'm always going to feel bitter. I'm always going to feel that anger towards Transport for London."

The seven people who died were Dane Chinnery, 19, Philip Seary, 57, Dorota Rynkiewicz, 35, Robert Huxley, 63, and Philip Logan, 52, all from New Addington, and Donald Collett, 62, and Mark Smith, 35, both from Croydon.

Of the 61 injured, 19 were seriously hurt. Many sustained life-changing injuries, from chronic pain to amputations.

All of them were on their way to work.

Richardson says the last decade has taken its toll on her and her family.

"This anniversary is going to be particularly difficult. But I can still hear his voice in my head and I hope I do for many years," she says.

"The sadness is very much there, I have really struggled in the last three years. The trauma is still having repercussions for me and my family. Once the trial was over everything just stopped. Grief really took over then.

"We have been through so much trauma."

She says she feels "really let down" by TfL in terms of support and counselling.

"From when this began, I've not had any contact from TfL," she says.

"I've received nothing from TfL in the 10 years. I feel that I should have had that offer of counselling at the beginning, given that I'd been at the forefront for my family."

Richardson is also disappointed that a loophole which means safety laws apply to trams on roads but not on tramways has yet to be closed.

It meant standard motoring charges could not be legally applied to the driver.

"Justice is never ever going to be done. We are just left to live our lives," she says.

"I'm always going to be bitter, I'm always going to feel anger towards TfL, I'm always going to feel that anger towards the driver, because ultimately someone was to blame that morning.

"And here we are 10 years on remembering our loved ones and our loved ones should be here, enjoying family time and making memories. "

She also thinks the same thing could happen again.

"It will happen again 100%. It might not happen again in Croydon, but it will happen somewhere again in the UK," she says.

"Unless there's a change in that law, the driver is not going to be held accountable."

Smith agrees, saying "justice was not served".

"Everyday is a reminder that Mark is not here," she adds.

"He's still deeply loved and missed by all his friends and family and that situation goes for the other six victims and their families too."

Dorris was charged under the Health and Safety at Work Act 1974 over the derailment but was found not guilty of failing to take reasonable care of his passengers.

The jury at the Old Bailey cleared him in less than two hours.

During the trial, Dorris said on several occasions he did not fall asleep while driving the tram. He said he was confused and disorientated.

He told the jury he thought he was going in the opposite direction on a stretch with no curve.

The court also heard TfL and TOL had allowed a safety blind spot to develop.

No risk assessment was ever carried out on a possible high-speed derailment on the sharp corner into Sandilands, where the crash happened.

Measures to control the risk of derailments were not in place, the court was told, and prosecutors said the operator had created "an accident waiting to happen".

There were no signs in the tunnel - which was deemed "inadequate" by the Rail Accident Investigation Branch (RAIB) - and there were no automatic speed restrictors on the tram.

The jury decided that system errors were the issue, not the driver.

Another incident also happened just 10 days before the crash on the same corner.

The tram was going too fast and nearly overturned, an RAIB investigation found. The driver used the hazard brake but he did not report it, a passenger did.

The complaint was not followed up on quickly and by the time the company had ascertained the facts, the CCTV had auto-deleted. The complaints procedures have now been taken back under TfL.

The RAIB survey of drivers also found nine admitted applying the hazard brake on the same corner at Sandilands. None had reported it and management knew nothing about the incidents.

Both TfL and TOL pleaded guilty to not taking reasonable care under health and safety laws. TfL was fined £10m and TOL £4m.

There have been changes to the tram network since the crash.

There are better signs, more speed restrictions, an automated braking system and speed monitoring. The CCTV has also been updated.

A Department for Transport spokesperson said: "The safety of passengers is our priority, which is why the tram industry, operators and regulators have delivered safety improvements following the Rail Accident Investigation Branch's recommendations.

"We have provided more than £7m since 2019 to co-fund the Light Rail Safety and Standards Board alongside the sector, helping improve safety and manage risk across Britain's light rail networks."

Finn Brennan, the Aslef union's full-time organiser on London Underground and Croydon Tramlink, said: "It was a wake-up call for the industry. Both Tram Operations Ltd, a FirstGroup company, who operate the tram system, and Transport for London, who controlled the infrastructure, pleaded guilty to offences under the Health and Safety at Work Act and were fined heavily.

"As a result of the accident, major safety improvements have been made to the tram network, including an automated braking mechanism in high-risk areas.

"We should never have to wait until after a tragic accident for measures to make sure that passengers and staff on public transport are kept safe. But, far too often, that is exactly what happens. Saving lives, not saving money, should always be the priority for every employer."

Mark Davis, TfL's general manager for London Trams, said: "As we mark 10 years since the Sandilands tram tragedy, we remember the seven people who so tragically lost their lives and pay tribute to their memory.

"Our thoughts are also with their families, friends and loved ones, and with all those whose lives were forever changed by this devastating event.

"We remain committed to supporting those affected and to doing everything possible to ensure a tragedy like this can never happen again."

TfL said it was "very sorry" to anyone who feels let down by the support on offer from the transport body.

It said it had previously been in touch with the families of the people who lost their lives and everyone injured to offer support and counselling, and anyone needing further help could make contact through the Sarah Hope Line.

There is a feeling that this is a forgotten tragedy.

It was overshadowed on the day by news coverage of the arrival of Donald Trump in the White House.

The families have previously appealed, in vain, for a public inquiry.

And 10 years on, there still remain questions over how a lax safety regime was allowed to develop and how systemic failings contributed to the deaths of seven commuters.

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