‘Too much reliance’ placed on firm behind faulty drain, derailment inquiry told

Network Rail placed “too much reliance” on the contractor that built a faulty drainage system that led a train to derail in 2020, an inquiry has heard.

The train derailed at Carmont near Stonehaven, Aberdeenshire, on August 12 after it hit debris washed from the drain and on to the track by heavy rain.

Of the nine people who were aboard the train, three: train driver Brett McCullough, 45; conductor Donald Dinnie, 58; and passenger Christopher Stuchbury, 62; were killed.

A fatal incident inquiry (FAI) into the derailment at Aberdeen Sheriff Court heard on Friday that Carillion had failed to build the drain in accordance with the agreed design, and that neither Network Rail nor the designer were aware of this.

William McKay, who had been Network Rail’s project manager for the drain build which began in 2010, said as a “large, competent contractor and a key supplier”, Carillion had been allowed to “self-assure” its own work.

This meant Network Rail only took a “light-touch” approach to checking the build as it was being carried out, and instead relied on Carillion to provide its own assurance it was being done properly, and in accordance with the design.

He added that when Network Rail did a “walk-around” the site at the end of the project, staff could not see what had been built as the drain was underground.

Mr McKay also said Carillion failed to provide the “health and safety file” – a legal requirement at the end of every project – which would have included “as built” drawings and photographs showing what had actually been built.

Sheriff Lesley Johnson suggested Network Rail’s lack of oversight effectively allowed Carillion to “mark its own homework”.

She said: “We now know there were problems with this drain and problems with the construction, and it wasn’t built per the design.

“So was too much reliance placed on Carillion?”

Mr McKay agreed, adding that had Network Rail become aware of deviations from the agreed design, it would have halted construction and raised it with Carillion and the designer Arup.

Mark Stewart KC, representing Arup, said the “only people” who had known about what had actually happened on the site was Carillion.

“When the project is in process Network Rail do not oversee the project on daily basis,” he said.

“But when it comes to be completed, the only people who have been on site and who know what’s actually happened are Carillion.

“So they’re the only people who can tell anybody what’s been built. So the trust factor is you expect them to build that which had been agreed.”

He added: “But on this occasion it would appear Carillion didn’t properly supervise the job, didn’t properly follow the design, and didn’t produce as-built drawings.”

The inquiry also heard evidence from Stuart White, former head of project management at Network Rail Scotland, who said the company had not known about the missing health and safety file until after the crash.

He also said the company had become aware of an “issue of non-compliance” with the requirement to provide health and safety files prior to the derailment, and that work had been under way to address this.

Both witnesses said that since the derailment, there had been a “massive focus” within Network Rail on ensuring this documentation is now provided as part of every project.

A criminal prosecution saw Network Rail fined £6.7 million in 2023 after it admitted health and safety failings over the crash.

Carillion went into compulsory liquidation in January 2018.

A Network Rail spokesperson said on Monday the Government-owned company is “committed to supporting the work of the inquiry and continuing to deliver on the recommendations made by RAIB”.

They added: “We’ve made significant changes to how we manage the risk of severe weather since the accident and our work to make our network more resilient will continue.”

The inquiry before Sheriff Lesley Johnson continues.