Jaiden Shehata had most days walked over one of the most dangerous train crossings on the network’s Sussex route to get to school.
The 11-year-old was nearly always accompanied by his 18-year-old brother, Reece, but on the day he was hit and killed by a 50mph train he had set off 20 minutes earlier than usual.
A report by the Rail Accident Investigation Branch (RAIB) published last week highlighted how the design and construction of the Bourneview crossing, in Kenley, south London, was a causal factor in the youngster’s death.
It raised concerns about the ‘old and unimposing’ fence and gate, and how the muddy and sloping path would mean people ‘would be looking downwards and watching their step, to avoid slipping or tripping, rather than looking up at the [warning] signs’.
The crossing was in 2023 ranked as the 13th highest risk footpath on Network Rail‘s Sussex route out of 111.
There have also been six near misses between 2018 and 2023 – approximately one every year, including Jaiden’s older sibling, Reece, who was almost struck by a train in 2019.
Yet despite concerns being raised about the safety of the crossing, it was Jaiden who was blamed for causing his own death on January 23.
The RAIB said he was ‘probably’ distracted by his iPhone when he began to walk across the track.
It is a conclusion his parents are vehemently disputing, with his heartbroken father Jozif saying the death of his son was a ‘cheaper option’ than the reported £2million works to make the crossing safer.
‘If they knew it wasn’t safe, why didn’t they close the crossing until they were ready to work on it?’ he told The Sunday Times.
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
Network Rail two years ago also raised concerns about the crossing and recommended for lights to be installed ‘due to the high number of reported incidents’.
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’.
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’.
It is only now this month, after Christian altar boy Jaiden’s death, that Network Rail has begun works to make Bourneview safer.
A ‘Miniature Stop Lights’ system with red and green lights and a warning sound to indicate when it is safe to cross is expected to be ready in the days before Christmas.
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.
A report by the Rail Accident Investigation Branch (RAIB) published last week highlighted how the design and construction of the Bourneview crossing, in Kenley, south London, was a causal factor in the youngster’s death
The crossing was in 2023 ranked as the 13th highest risk footpath on Network Rail ‘s Sussex route out of 111
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.
But Jozif, a 39-year-old photographer, 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 said.
‘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.
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.
Jaiden would have normally arrived at the crossing at 8.10am and missed the 7.55am Caterham to London Bridge service that killed him.
The site does not have warning lights or barriers, which the RAIB said is ‘in common with many footpath crossings’.
In a heartbreaking tribute, Joseph Shehata said: ‘I miss you every single day. Life isn’t the same without you. And it never will be’
The Daily Mail has contacted Network Rail for comment.
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.’
Lucy McAuliffe, Sussex route director for Network Rail, said: “’The thoughts of everyone in the rail industry remain with Jaiden’s loved ones, the pupils of Riddlesdown Collegiate, and the local community. There are no words sufficient to express our sorrow after such a loss.
‘We are taking significant steps to help prevent a tragedy like this from happening again. Following close work with Croydon Council, the crossing was temporarily closed and next month we’ll be installing miniature stop lights (MSLs) to improve safety by providing a clear signal and warning sound to let people know when it is safe to cross.
‘We are studying the RAIB report carefully and will act on its recommendations.’
