The Office of Rail and Road is prosecuting Transport for London, the operator and driver involved in the 2016 Croydon tram crash that killed seven people.
Announcing the prosecution, the regulator said TfL allegedly “failed to ensure the health and safety of passengers on the Croydon Tramlink network, so far as reasonably practicable”.
FirstGroup-owned Tram Operations Limited and driver Alfred Dorris also face allegations of health and safety failings connected to the incident that left seven dead.
Marilyn Logan, 67, whose husband Philip Logan died in the crash, has been given “some kind of closure” from the news that prosecutions would be launched, according to their granddaughter.
Danielle Wynne, 31, said she is campaigning to change the law which means that the charge of death by dangerous driving, or death by careless driving, currently does not apply if tram accidents happen when the tram is not on the road.
Ms Wynne said: “My nan is very poorly and I think this gives some kind of closure for her as well - she was in absolute shock when I told her.
“It has been a horrible five years of feeling so let down, I feel like our families have been forgotten along the way.”
“They (Ms Wynne's grandparents) brought me up from when I was a little girl and it's my turn now to step up for them.
“I will be in that courtroom, I will be there however long it takes every step of the way, it's for them, it's justice for our loved ones and I don't want their lives to have been lost for nothing, because that's what it feels like at the moment.”
The ORR's chief inspector of railways Ian Prosser said: “Following a detailed and thorough investigation, we've taken the decision to prosecute Transport for London, Tram Operations Limited and driver Alfred Dorris for what we believe to be health and safety failings.
“We've made a fair, independent and objective assessment about what happened, and it is now for the court to consider if any health and safety law has been breached.”
The ORR added that a hearing will be held at Croydon Magistrates Court, with a date to be announced.
“My thoughts are with the families of the seven people who lost their lives on 9 November 2016, the many more injured and everyone whose lives have been impacted as a result of this incident,” Ian Prosser added in the statement.
A jury concluded last year that the seven people died as a result of an accident and were not unlawfully killed.
The passengers died after a tram derailed near Sandilands tram stop in south London on 9 November 2016.
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, were killed.
Ben Posford, of Osbornes Law, who was lead solicitor for five of the seven families (the families of Mr Logan, Mr Seary, Ms Rynkiewicz, Mr Smith, and Mr Collett) at the inquest, said the families welcome the news from ORR.
“Their hopes of a criminal prosecution and an unlawful killing conclusion at the inquest were dashed, so I hope they can get some solace from this latest bid to prosecute Tfl, ToL and Mr Dorris,” Mr Posford said.
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The crash expelled several passengers through the broken windows, according to a 2017 report by the Rail Accidents Investigation Branch (RAIB).
On its 10th day of deliberations at Croydon Town Hall, south London, the 10-person jury reached a unanimous conclusion that the seven deaths were a result of an accident.
An inquest held last year heard the tram toppled over and spun off the tracks in darkness and heavy rain near the Sandilands stop after hitting a curve at 73kph (45mph).
The speed limit for that stretch of track was 20kph (12mph).
It has been believed that the tram driver fell into a “micro-sleep” soon before the crash happened. The Crown Prosecution Service had concluded in 2019 that “the evidence does not support” gross negligence manslaughter charges being brought against driver Alfred Dorris.
A Tram Operations Limited spokesperson said: “Our thoughts remain with all those affected by the tragic incident at Sandilands in 2016. Our commitment to safety remains unwavering and is integral to everything we do.
“Since the incident, we have worked alongside TfL to introduce improvements as recommended by the various investigations. We note the ORR's statement today, and, as we have done throughout, will co-operate fully with the legal process.”
A TfL spokesperson said: “We are aware that the Office of Rail and Road will shortly be issuing criminal proceedings against TfL, Tram Operations Limited and the driver of the tram following the completion of its investigation into the derailment. We will consider those proceedings once we receive them.
“Safety will always be our highest priority and we continue to review our operations and to work with the wider tram industry to introduce any further measures that may benefit the people who rely on our services.”
