A blind man who fell on to rail tracks and was nearly hit by a freight train is suing Network Rail for failing to put in place tactile paving to protect him.
Abdul Eneser, 20, says he fell on to the tracks at Manchester Piccadilly station last year as he was unable to feel where the platform edge was due to the lack of metal studs or adhesive tiles. He was also not provided with passenger assist support, which helps disabled people navigate a station, due to a train delay.
A nonstop freight train passed through the station on the same track around one minute after Eneser managed to pull himself back on to the platform, in what he described as “the most traumatic experience I have ever had to face”.
Eneser said: “I used to be a confident rail user, but the fear I experienced when I fell from the platform, and when I think about what might have happened if I hadn’t managed to get back on to the platform with a minute to spare, has left me very nervous when using the railway.
“Visually impaired people should feel just as safe as sighted people when they embark on a train journey. My experience shows that Network Rail and train operating companies are failing to provide a proper service for visually impaired people.”
Eneser said there was still not enough tactile paving at train stations, and that passenger assist arrangements are often inadequate. He wants “urgent action” to improve the experience of disabled people travelling on trains.
Eneser says he had booked passenger assist in advance, but as he missed his connection at Preston between Glasgow to Manchester, he was told upon arrival at his final destination that everyone from passenger assist had gone home for the day. He was left alone on the platform, and, searching for the exit, he stepped off the platform and on to the track.
After the incident in Manchester on 21 May 2022, Eneser says he was for a second time left without assistance when he changed trains alone at Crewe station on 19 May this year, where again there was no tactile paving. Had it not been for assistance from a member of the public, he thinks he could have fallen off the edge again.
Network Rail told Eneser that they were investigating the incident, but they have not contacted him since.
Eneser is now suing Network Rail for the lack of tactile paving and the train operating companies involved in his journey, Northern and Avanti, for the failures with passenger assist. Represented by law firm Leigh Day, he launched a legal claim in March on the basis that they have breached their duties under equality laws, which require rail operators to make reasonable adjustments for disabled people.
Leigh Day is arguing that this includes tactile paving, which has been included as guidance since 1986; audio announcements when this is not present; and to ensure staff are present at all times to assist visually impaired people.
The firm is aware of a number of blind people who have fallen from platform edges. Cleveland Gervais was hit by a train after he fell off a platform at Eden Park station in February 2020. The inquest into his death concluded that the lack of tactile paving caused or materially contributed to his death.
Samantha Fothergill, senior legal adviser at RNIB, said that up to 15% of people falling from platforms are blind or partially sighted, and 40% of mainline railway stations lacked tactile paving, despite this being a fundamental safety measure.
She said “this is completely unacceptable”, though RNIB is pleased to see that after years of campaigning, Network Rail has pledged to install tactile paving on all rail platforms in Britain by 2025.
Leigh Day solicitor Kate Egerton, who represents Eneser, said it was “staggering” that despite the number of incidents, tactile paving is still missing from many stations. “Duties are plainly being breached,” she said.
The defendants will have two weeks after 17 July to respond to the court.
A spokesperson for Network Rail said: “We’re sorry to hear about Abdul’s experience. We know there’s still more to be done to make our railway more accessible for all and we’re working closely with our train operator colleagues and industry partners to achieve this as quickly and efficiently as we can.
“Our programme to install tactile paving on platforms at stations across Britain by 2025 is continuing at pace, bolstered by £75m of funding allocated by the government to accelerate it last year; this includes extensive improvement work at Manchester Piccadilly, with tactile paving installed along the lengths of platforms 13 and 14 at the start of this year.”
An Avanti spokesperson said: “We’re sorry to hear about Abdul’s experience. We know that as an industry there is more that needs to be done to ensure all customers can travel with confidence and we’re working with industry partners to make the railway more accessible.”
Craig Harrop, regional director at Northern, said: “We are sorry to hear about Abdul’s experience at Manchester Piccadilly. There is still much progress to be made in our industry to ensure all customers can travel confidently. Working alongside our industry partners, including Network Rail and other train operators, we are striving to create a more accessible and inclusive railway.”
• This article was amended on 14 June 2023. An earlier version said “Eltham Park” station instead of Eden Park.
