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West Midlands Trains duty of care: LNR passengers abandoned on platform

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tspaul26

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That's not strictly true. It has to be requested in a specific way for start.
With respect, it does not. If the information is requested in writing (such as by email) or, in some cases, orally then the legal obligation to disclose is engaged.

I should explain that I frequently advise sundry railway bodies, including Network Rail and the DfT, on such matters as part of my work.
 
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Glenn1969

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I presume the fact that this happened late at night didn't help. Have checked NRE and this station's facilities and toilets close at 8pm so would there have been staff able to assist at 10pm ?
 

Darandio

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I presume the fact that this happened late at night didn't help. Have checked NRE and this station's facilities and toilets close at 8pm so would there have been staff able to assist at 10pm ?

Probably not, but isn't that the whole reason help points exist?
 

allotments

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To be fair, it's the impression conveyed by the OP in their original post.
recenttraintimes.co.uk shows the 23:49 HML-EUS stopped at HML but it didn't ~ I was there on the platform when a southbound LNWR train passed at about that time

At 00:14 the departure board showed a train for EUS due to stop but it ran through the station much to the surprise of the single railwayman on the platform and passengers

It would have been better to return the passengers to MK
Yes

Or have taken us further forward to Watford Junction where there are multiple onward travel options

Or not to have taken us beyond MK and transferred there
 
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LSWR Cavalier

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One should like to be informed but in emergency situations often even control does not know what is going on.

I do think it should have been possible to stop a following train at Hemel soon after the passengers were decanted there.
 

Mcr Warrior

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Interesting how quickly this thread has polarised between (i) those taking the side of the aggrieved passengers, and (ii) those of the opinion that the railway has done all that it might reasonably have been expected to do, given the difficult circumstances. :|
 

43066

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Nearly hypothermic passengers at HML not picked up by following train until 00:35. 2 hours 39 minutes after being dumped on platform and abandoned by train which probably returned to depot.

This is hyperbolic. People can reasonably be expected to survive standing on a station platform. If they can’t then they shouldn’t be travelling.

My question would be why people didn't just make their own arrangements after 30 mins or so. I would have.

Indeed. I’d have been straight into a cab to St. Albans in this situation, conscious of limited onward connections in London given the lateness of the hour (possibly sharing with other passengers).

I would appreciate this forum's advice about how to raise this most effectively as a complaint and have these events properly investigated by the railway.

Unfortunately fatalities cause huge amounts of disruption and mistakes inevitably happen when people are under pressure. Whenever I’m inconvenienced by them I tend to reflect on the fact that someone has just had a far worse day than I have.
 

Domh245

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This is hyperbolic. People can reasonably be expected to survive standing on a station platform. If they can’t then they shouldn’t be travelling.

If I was going to be standing on a dark platform in ~5°c (and fortunately not too windy, at least in general vicinity of Hemel Hempstead. On the platform may be a whole other situation of course) for 2 and a half hours, I'd have packed some warm clothing, and even then would probably not have a great time of it...
 

185

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Good allocation of Control resources and straightforward information from Control is key to managing disruption.

Passengers should have been given the option to

-Bail off at Hemel and make their own way to London
-or stay with the train and go back to Bletchley or MK, but I'm guessing going back north to the site of the fatality may not have been an option.

Hemel, whilst a barren cold place is far from remote and not totally an unwise place to de-train. £12 - 15 minutes / 6 miles in a taxi, puts passengers at Chalfont & Latimer Met Line Tube station, or allows those who would of been picked up by car anyway to be collected at Hemel. St Albans (Thameslink) is also a similar distance by taxi.

The current recommendation of not mentioning the 'F' word across the railway is unwise as passengers can reasonably understand the seriousness of such events, and the timescale before services will resume on that line.

Forgetting about the passengers after services have resumed is unforgivable though - was there a change of shift in control? All in all not good.
 
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allotments

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This is hyperbolic. People can reasonably be expected to survive standing on a station platform. If they can’t then they shouldn’t be travelling.



Indeed. I’d have been straight into a cab to St. Albans in this situation, conscious of limited onward connections in London given the lateness of the hour (possibly sharing with other passengers).



Unfortunately fatalities cause huge amounts of disruption and mistakes inevitably happen when people are under pressure. Whenever I’m inconvenienced by them I tend to reflect on the fact that someone has just had a far worse day than I have.
Yes of course I did reflect on the disruption causing confusion, pressure and errors and we passengers were very patient but I still think it's appropriate to ask why things went wrong and try to prevent in future because of the number of passengers affected and the risks

If I was going to be standing on a dark platform in ~5°c (and fortunately not too windy, at least in general vicinity of Hemel Hempstead. On the platform may be a whole other situation of course) for 2 and a half hours, I'd have packed some warm clothing, and even then would probably not have a great time of it...
Going a long way by bike I was lucky to have extra clothes and a hot drink and snack with me but I saw most passengers I'll equipped
 

A0wen

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However the contract of the ticket does. But I agree, there doesn't look to be a duty of care issue here.

But again, there hasn't been a breach if a customer was travelling on an open ticket for example. Delay isn't breach of contract, particularly where the delay is caused by a factor beyond the operator's control.

Interesting how quickly this thread has polarised between (i) those taking the side of the aggrieved passengers, and (ii) those of the opinion that the railway has done all that it might reasonably have been expected to do, given the difficult circumstances. :|

I don't think anyone has said 'ii' has happened. But equally surely adults should use their own intelligence and decide whether waiting 2+ hours on a station platform is sensible.

I'd have given it 30 mins or an hour at most then got a cab to Watford Junc or Stanmore and sent the bill to LNWR.
 
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neilmc

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These passengers were clearly dumped and forgotten about. If you are told that a train will stop to pick you up at a station on a main line then you expect that to happen, and in far less than two hours, you don't go catching taxis to other places even if you know the network well enough to do so, which not everyone does.

Afraid my recommendation would be the usual one, to inform the press of the situation; train operators care more about articles in the Daily Mail than the opinions expressed here or, I would suggest, anything that the rail regulation bodies might say, which will probably be anodyne and ineffectual.
 

Meole

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Its around 25 miles to Euston, cycling would be an option for anyone so equipped.
 

Steve Harris

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I don't think anyone has said 'ii' has happened. But equally surely adults should use their own intelligence and decide whether waiting 2+ hours on a station platform is sensible.

I'd have given it 30 mins or an hour at most then got a cab to Watford Junc or Stanmore and sent the bill to LNWR.
So what does a passenger with low intelligence do ? (ie someone with a low IQ).

I'm pretty sure in the eye's of the law they are/would be deemed "vulnerable" and IF anything serious was to happen to them I wouldn't be so sure about the claims on here of "duty of care" being met.
 

Lewlew

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During the incident, buses were requested to run between Milton Keynes and Watford Junction calling at all stations, perhaps the controllers were under the impression these were still running at the time you arrived but the train crew weren't informed or someone somewhere misunderstood?

Do the help points connect to LNR controllers or National Rail Enquiries?
 

Steve Harris

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Do the help points connect to LNR controllers or National Rail Enquiries?
Going by my local station on the ECML I doubt it.

I had to use a help point once at my local station and it basically rang a call centre in India !! Trying to have an intelligent conversation with them was like trying to get blood from a stone!
Because if your question is not on their cribb sheet you won't get an answer.
 

LSWR Cavalier

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Trouble is, the unknown unknowns, often enough one can get a train a few minutes later. Most people would not be wearing suitable clothes for waiting outside for a couple of hours. I should not like waiting for hours on a crowded air-conditioned train, I should rather wait at a station.
 

robbeech

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Nothing skip stopped.
The issue with this is, i've had to threaten an operator with legal action before when they've claimed a train made a call and it just stopped in the platform and developed a door fault. I luckily managed to find out the fault HAD been logged but they were simply trying it on. The OP has mentioned that one train that was booked to stop didn't and it's unlikely that 50 people missed a train stopping and releasing the doors. Unless the passenger can provide evidence (how?) then it is always their word against the passengers.
Who will direct you to the TOC.
Agreed, regardless of all the supposed rules mentioned afterwards, some quoted below.
If the information is requested of Network Rail then they must disclose it unless a relevant exemption applies - ‘speak to the TOC’ is not such an exemption.

But they must, subject to any relevant exemptions, disclose information if it is requested, including in relation to operational decisions.

With respect, it does not. If the information is requested in writing (such as by email) or, in some cases, orally then the legal obligation to disclose is engaged.

I should explain that I frequently advise sundry railway bodies, including Network Rail and the DfT, on such matters as part of my work.
There is a lot of the word "must" in these statements. And it's fantastic that these rules exist, but in reality there is nobody to enforce it so it is unlikely to happen. Not that the information they would have would be particularly useful here anyway.


It would have been better to return the passengers to MK
Agree this sort of move can sometimes be much more efficient. A guard told someone to alight at Retford once, thinking they were at Newark, they'd announce it as Newark etc. Station staff said they'd have to wait 2 hours, in passing i asked if they'd be better off sending them on the down train back to Doncaster, which they did, and they'll have got to Newark less than an hour late. (A taxi would have been ideal here but there's the obvious reluctance if they can get someone to use the railway).
Probably not, but isn't that the whole reason help points exist?
Whilst i haven't used many, it has been 50/50 whether they've been functioning sufficiently enough to make contact (non emergency button) so i'm sad to say, i personally feel one of the primary reasons for them existing is to tick boxes. I have reported them when they haven't worked, one particular box i have reported half a dozen times.
Interesting how quickly this thread has polarised between (i) those taking the side of the aggrieved passengers, and (ii) those of the opinion that the railway has done all that it might reasonably have been expected to do, given the difficult circumstances. :|
Welcome to RailUK, enjoy your stay.




Overall these things happen on the railway. thankfully, on this scale very very rarely, of course we always get to hear about it here so it may seem more frequent than it is but we forget the thousands and thousands of journeys that day that went without any real trouble. Clearly there is some incompetence sweeping through the operator somewhere and training is necessary to stop it happening again. It's not obvious whether this will happen of course.

In terms of people suggesting that after just half an hour they'd have got themselves a taxi, good, i'm pleased you're in a position to do that, but it shouldn't have to be that way, and many people won't know what to do and shouldn't be discriminated against because of it. I suspect that nobody at LNWR actually wanted this to happen, and i suspect nobody really realised it was happening for some time.

Every time these sorts of things happen the PRIMARY complaint is communication, not getting home 6 hours late, not having to stand crushed on a hot train until 0130 in the dark, not waiting on a platform in the rain for 3 hours, but just simply not being told what is happening. And it seems to happen everytime. There is something reassuring about station staff or a guard saying "sorry, don't know any more than i did half an hour ago but we haven't forgotten you, i will keep updating when i can" even though they've told you nothing at all. People want honesty, they don't want fobbing off with excuses, they have lives. If the railway says, it's all gone wrong, You might be here for hours we are really sorry we are doing what we can, people are annoyed, but know where they stand. When operators keep lying saying, the next train will stop here, or we will be moving in the next few minutes, only to let passengers down again and again it makes the situation far worse. It seems there was an element of that here, telling people that the next train would stop, then the next one, then the one that was supposed to stop didn't, then the next one would make a special stop, but didn't.
 

MotCO

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I think the issue is that once trains were moving again, passengers were told a train would call at the station, but none did. Why would you try to get a taxi or 20 when you were promised a train would be arriving soon. If you got a taxi, there is no guarantee that you would be reimbursed, because the train, promised by the TOC, could arrive just as you left.

Hindsight is a wonderful thing, but the TOC has let the passengers down by not providing a train within a suitable (short) time.
 

allotments

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Its around 25 miles to Euston, cycling would be an option for anyone so equipped.
I could have ridden to Watford but what about the other passengers?
I think the issue is that once trains were moving again, passengers were told a train would call at the station, but none did. Why would you try to get a taxi or 20 when you were promised a train would be arriving soon. If you got a taxi, there is no guarantee that you would be reimbursed, because the train, promised by the TOC, could arrive just as you left.

Hindsight is a wonderful thing, but the TOC has let the passengers down by not providing a train within a suitable (short) time.
Yes exactly!
 

Steve Harris

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The issue with this is, i've had to threaten an operator with legal action before when they've claimed a train made a call and it just stopped in the platform and developed a door fault. I luckily managed to find out the fault HAD been logged but they were simply trying it on. The OP has mentioned that one train that was booked to stop didn't and it's unlikely that 50 people missed a train stopping and releasing the doors. Unless the passenger can provide evidence (how?) then it is always their word against the passengers.

Agreed, regardless of all the supposed rules mentioned afterwards, some quoted below.





There is a lot of the word "must" in these statements. And it's fantastic that these rules exist, but in reality there is nobody to enforce it so it is unlikely to happen. Not that the information they would have would be particularly useful here anyway.




Whilst i haven't used many, it has been 50/50 whether they've been functioning sufficiently enough to make contact (non emergency button) so i'm sad to say, i personally feel one of the primary reasons for them existing is to tick boxes. I have reported them when they haven't worked, one particular box i have reported half a dozen times.






Overall these things happen on the railway. thankfully, on this scale very very rarely, of course we always get to hear about it here so it may seem more frequent than it is but we forget the thousands and thousands of journeys that day that went without any real trouble. Clearly there is some incompetence sweeping through the operator somewhere and training is necessary to stop it happening again. It's not obvious whether this will happen of course.

In terms of people suggesting that after just half an hour they'd have got themselves a taxi, good, i'm pleased you're in a position to do that, but it shouldn't have to be that way, and many people won't know what to do and shouldn't be discriminated against because of it. I suspect that nobody at LNWR actually wanted this to happen, and i suspect nobody really realised it was happening for some time.

Every time these sorts of things happen the PRIMARY complaint is communication, not getting home 6 hours late, not having to stand crushed on a hot train until 0130 in the dark, not waiting on a platform in the rain for 3 hours, but just simply not being told what is happening. And it seems to happen everytime. There is something reassuring about station staff or a guard saying "sorry, don't know any more than i did half an hour ago but we haven't forgotten you, i will keep updating when i can" even though they've told you nothing at all. People want honesty, they don't want fobbing off with excuses, they have lives. If the railway says, it's all gone wrong, You might be here for hours we are really sorry we are doing what we can, people are annoyed, but know where they stand. When operators keep lying saying, the next train will stop here, or we will be moving in the next few minutes, only to let passengers down again and again it makes the situation far worse. It seems there was an element of that here, telling people that the next train would stop, then the next one, then the one that was supposed to stop didn't, then the next one would make a special stop, but didn't.
Now where is that like button ?

You are totally spot on.
 

Kite159

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Probably not, but isn't that the whole reason help points exist?

Assuming the help point gets answered by someone from the TOC control, rather than National Rail Enquires who can be as much use as a chocolate fireguard.

Reminds me of a case in 2019 time when passengers from a failed LNER service were dumped at Spalding station on a Sunday evening when the train broke down only to be forgotten about (after-all, once the delay goes over an hour, the TOCs don't care)
 

Pete_uk

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If it's a detailed reason as to why other trains weren't stopped etc, that's unlikely to be forthcoming as those are operational decisions which don't have to be made public.

Well, in the publicly funded future of the railway that should change.
 

Djgr

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Interesting how quickly this thread has polarised between (i) those taking the side of the aggrieved passengers, and (ii) those of the opinion that the railway has done all that it might reasonably have been expected to do, given the difficult circumstances. :|
Wouldn't life be so much easier for railway workers, if it wasn't for those pesky passengers?
 

Pete_uk

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Why? If people are going to be inconvenienced they should at least be given a reasonable explanation.
 

A0wen

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Well, in the publicly funded future of the railway that should change.

Why?

The general public (and most posters on these boards, despite what they think) aren't operational experts, so why should technical operational decisions be subject to public scrutiny by armchair experts?
 
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