The family of a boy who was killed by a train as he made his way to school are furious after he was blamed for the tragedy.
A review carried out by the Rail Accident Investigation Branch (RAIB) found that 11-year-old Jaiden Shehata was ‘probably’ distracted by his iPhone as he crossed the Bourneview footpath on January 23.
His grieving parents are fiercely rejecting the conclusion, and instead say neglect by the railway authorities caused the death of their Christian altar boy son.
Jaiden was killed by a 50mph train on a crossing where there had been six near misses between 2018 and 2023.
A recommendation two years ago by Network Rail for lights to be installed on the crossing ‘due to the high number of reported incidents’ has still not been carried out, with the work not set to be completed until March next year.
RAIB investigators said CCTV footage showed Jaiden walking towards the crossing, looking ahead and down at a ‘glowing object’ almost certain to be the illuminated screen of a phone in his hands, with his coat hood pulled over his head.
He had rarely worn the winter coat before as he didn’t like it, but put it on that morning in 3C temperatures after his loving mother Naglaa had pleaded with him as she didn’t want him to get cold.
Analysis of his phone suggests a video clip was playing at the time of the accident.
Jaiden Shehata (pictured) had been walking to school when the tragic accident took place at around 8.03am on January 23 near Kenley, south London
But his father, 39-year-old photographer Jozif, said the seven-second clip sent to him from his friends wasn’t something that would have grabbed his attention as it only showed one of them walking to school.
‘Jaiden was killed by the neglect from the railway [authorities],’ he told The Sunday Times.
‘The improvements should have been made years ago to make the crossing safer. This was an accident waiting to happen.’
The promising young footballer and Chelsea fan had been given the iPhone as a Christmas gift a month before he was killed at around 8.03am on January 23, near Kenley, south London.
Jaiden had used the crossing most days to get to Riddlesdown Collegiate in south Croydon, where he had been a Year 7 pupil since the previous September.
He was most days accompanied by his 18-year-old brother Reece, but had set off to school 20 minutes earlier than usual on the day he died.
It meant Jaiden would have normally arrived at the crossing at 8.10am and missed the 7.55am Caterham to London Bridge service that killed him.
After his sibling’s death, Reece told his mother and father that he was almost hit by a train on the crossing in 2019, and heard a horn sound as it came within inches of him.
Bourneview crossing was ranked in 2023 as Network Rail’s 13th highest risk footpath on its Sussex route out of 111.
The site does not have warning lights or barriers, which the RAIB said is ‘in common with many footpath crossings’.
The RAIB report noted the footpath approaching the crossing at the time ‘was encroached on and overhung by vegetation, giving it the general appearance of a muddy path’.
In a heartbreaking tribute uploaded to Instagram, Jozif Shehata said: ‘I miss you every single day. Life isn’t the same without you. And it never will be’
There are signs warning users to ‘stop, look and listen for approaching trains’, and that they ‘make their own decision about whether or not it is safe to cross’, investigators said.
Although the report found ‘that the design and construction of the crossing did not change the pedestrian’s perception in two respects’, the RAIB said the crossing ‘was not fitted with active warning systems’, which was ‘a probable causal factor’.
Jozif said the family were told by a liaison officer it would cost £2million to improve the safety at the crossing.
He added: ‘This is a cheaper option for them, losing my child. If they knew it wasn’t safe, why didn’t they close the crossing until they were ready to work on it?’
The RAIB told The Sunday Times: ‘We are deeply sorry to learn that the family of Jaiden Shehata have concerns about elements of the RAIB’s safety investigation into this tragic accident. We have been in direct contact with the Shehata family during our investigation and will be making contact with them again to try to address the specific issues they have raised.’
The Office of Rail and Road added: ‘Our thoughts remain with Jaiden’s family and all those affected by this tragic incident.
‘Following the incident at Bourneview footpath crossing, we carried out an investigation which carefully considered the available evidence. We found no breaches of health and safety law by Network Rail.
‘We continue to monitor how Network Rail manages risk at footpath crossings, and we will oversee the implementation of the Rail Accident Investigation Branch recommendations to make further improvements. Ensuring the safety of those who use, work on and interact with our railway remains the ORR’s highest priority.’
