Jarvis fined £200k following the death of a child

Network Rail Infrastructure Limited (NRIL) and Jarvis Facilities Limited (JFL) have been fined a total of  £285,000 at Liverpool Crown Court today (Wednesday) following the death of a child four years ago. 

Eight-year-old Heather Foster died following contact with the electrified third rail of railway track near her home in Aigburth, Merseyside on 14 August 2000.  Access to the electrified track, near St Michael's Station, was possible due to inadequacies in the standard of lineside fencing maintenance. 

JFL of Watton at Stone, Hertford, was fined £200,000 and ordered to pay costs of £40,000, while NRIL, of north west London, was fined £85,000 with £20,000 costs.

The court heard that near to the site of the incident was a children's den, with a well-trodden path leading to it among scrub vegetation and trees and a wooded area which was popular with youngsters living nearby. Heather was playing with friends at the den when the incident occurred. 

Judges ruled that  NRIL and JFL failed in their legal duty to take all reasonably practical steps to reduce the risks to people by failing to maintain lineside fencing which would have prevented access to the electrified track.  

Both parties had pleaded guilty to failing in that duty between 25 January and 15 August at previous hearings before Liverpool Crown Court.