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| Southern rail crisis: Grayling given two weeks to make ruling | Southern rail crisis: Grayling given two weeks to make ruling |
| (4 days later) | |
| The high court has given the transport secretary, Chris Grayling, two weeks to make a critical, long-delayed ruling over the Southern rail crisis. | The high court has given the transport secretary, Chris Grayling, two weeks to make a critical, long-delayed ruling over the Southern rail crisis. |
| The order was made after Southern commuters sought a judicial review of the government’s handling of the Govia Thameslink Railway franchise, which incorporates Southern. | The order was made after Southern commuters sought a judicial review of the government’s handling of the Govia Thameslink Railway franchise, which incorporates Southern. |
| Passengers have suffered more than a year of severe delays and cancellations on their train service, but GTR claimed the worst disruption was down to sickness and industrial action outside their control. | Passengers have suffered more than a year of severe delays and cancellations on their train service, but GTR claimed the worst disruption was down to sickness and industrial action outside their control. |
| The firm argued in 2016 that the circumstances constituted “force majeure” and therefore it could not be held accountable for breaching its contractual commitments. | The firm argued in 2016 that the circumstances constituted “force majeure” and therefore it could not be held accountable for breaching its contractual commitments. |
| Campaigners and MPs had argued that the Department for Transport’s response to the force majeure claim was necessary to determine whether GTR should be stripped of its franchise. | Campaigners and MPs had argued that the Department for Transport’s response to the force majeure claim was necessary to determine whether GTR should be stripped of its franchise. |
| James Hodivala, for the Association of British Commuters, told the court that the 14-month wait amounted to an unreasonable delay by the government, while there had been a “lack of transparency” over the benchmarks Southern had to achieve under its contract. | James Hodivala, for the Association of British Commuters, told the court that the 14-month wait amounted to an unreasonable delay by the government, while there had been a “lack of transparency” over the benchmarks Southern had to achieve under its contract. |
| But lawyers for the DfT told the judge that Grayling would “imminently” make a decision on the claim. Justice Ouseley said he would not grant a judicial review on the understanding that ministers would communicate a decision within two weeks. | But lawyers for the DfT told the judge that Grayling would “imminently” make a decision on the claim. Justice Ouseley said he would not grant a judicial review on the understanding that ministers would communicate a decision within two weeks. |
| Clive Sheldon, for the transport secretary, said Grayling was “fully aware” of the inconvenience suffered by Southern’s 300,000 passengers, and his imminent decision would be followed by another on whether any enforcement or remedial action should be taken. | Clive Sheldon, for the transport secretary, said Grayling was “fully aware” of the inconvenience suffered by Southern’s 300,000 passengers, and his imminent decision would be followed by another on whether any enforcement or remedial action should be taken. |
| Campaigners claimed it as a victory, although the judge rejected the commuter group’s arguments for a judicial review on grounds that the government was in breach of the Equality Act because of problems with access suffered by disabled passengers. He ordered that the ABC should pay two-thirds of the DfT’s £25,900 legal costs. | Campaigners claimed it as a victory, although the judge rejected the commuter group’s arguments for a judicial review on grounds that the government was in breach of the Equality Act because of problems with access suffered by disabled passengers. He ordered that the ABC should pay two-thirds of the DfT’s £25,900 legal costs. |
| Emily Yates, a co-founder of the ABC, said: “We are disappointed he did not accept our case about disability access, but we regard today as a victory.” She said forcing the government to make a decision on force majeure was “more of an immediate victory than if we had won outright. It’s a tremendous result”. | Emily Yates, a co-founder of the ABC, said: “We are disappointed he did not accept our case about disability access, but we regard today as a victory.” She said forcing the government to make a decision on force majeure was “more of an immediate victory than if we had won outright. It’s a tremendous result”. |
| A DfT spokesman said: “We are pleased the high court has thrown out the application for a judicial review. An independent report by rail expert Chris Gibb, which was published last week, made it very clear that the responsibility for disruption on Southern was primarily caused by industrial action led by RMT and Aslef and exceptional levels of staff sick leave. | A DfT spokesman said: “We are pleased the high court has thrown out the application for a judicial review. An independent report by rail expert Chris Gibb, which was published last week, made it very clear that the responsibility for disruption on Southern was primarily caused by industrial action led by RMT and Aslef and exceptional levels of staff sick leave. |
| “We have been considering whether the extensive disruption to the line last year was entirely beyond GTR’s control and our decision was due to be communicated to the company imminently.” | “We have been considering whether the extensive disruption to the line last year was entirely beyond GTR’s control and our decision was due to be communicated to the company imminently.” |
| Labour accused Grayling of “ducking responsibility” for Southern. MP Andy McDonald, the shadow transport secretary, said: “Passengers should not have had to go to the courts to seek accountability. Ultimately, the buck stops with the government. Tory ministers, who designed and awarded the franchise, have been ducking their responsibility for Southern’s abysmal service and for directing this unnecessary industrial dispute.” | Labour accused Grayling of “ducking responsibility” for Southern. MP Andy McDonald, the shadow transport secretary, said: “Passengers should not have had to go to the courts to seek accountability. Ultimately, the buck stops with the government. Tory ministers, who designed and awarded the franchise, have been ducking their responsibility for Southern’s abysmal service and for directing this unnecessary industrial dispute.” |
| The two-and-a-half-hour hearing was held as Southern drivers started an overtime ban which led to the cancellation of hundreds of services. Mick Whelan, general secretary of the drivers’ union Aslef, said: “The ban reflects the total loss of trust and goodwill between train drivers and the company.” | The two-and-a-half-hour hearing was held as Southern drivers started an overtime ban which led to the cancellation of hundreds of services. Mick Whelan, general secretary of the drivers’ union Aslef, said: “The ban reflects the total loss of trust and goodwill between train drivers and the company.” |
| GTR said it was running around 75% of Southern trains on Thursday, more than during the last overtime ban, and planned to increase the number from Monday, as well as maintaining a full weekend timetable. | GTR said it was running around 75% of Southern trains on Thursday, more than during the last overtime ban, and planned to increase the number from Monday, as well as maintaining a full weekend timetable. |