Road Traffic Deaths: Police Investigations

Holly Lynch Excerpts

Monday 29th January 2024 Commons Chamber

[Mark Pawsey (Rugby) (Con)]

I am grateful for the opportunity to raise the important topic of police investigations into road traffic deaths. I do so this evening in support of and in tribute to my constituents George and Giulietta Galli-Atkinson, who have campaigned tirelessly on road safety over the past 25 years.

I first met the Galli-Atkinsons shortly after I was elected as the Member of Parliament for Rugby in 2010. The family had recently moved from London to Rugby. They came to tell me about the awards they had established in memory of their daughter Livia, who was killed in a road traffic collision in 1998. I remember our meeting very well. As we spoke, I was struck by their strong commitment to making our roads safer so that other families can be spared the tragedy they have had to bear.

Their daughter Livia was born at Chase Farm Hospital in Enfield on 30 October 1981. She was growing into a beautiful young woman—thoughtful, studious, hard-working, kind and with a clear understanding of right and wrong. Her hobbies included riding and ballet. She loved “Gone with the Wind” and had a dry sense of humour.

On 12 January 1998, when she was 16 years old, Livia left home at 6.55 pm to walk to her Monday evening ballet class, which was due to take place at 7.15 pm on Windmill Hill in Enfield. As she was walking along the pavement leading to the studio, a car mounted it and careered into her, having first injured another pedestrian. Livia sadly died at the scene at 7.40 pm. At the time, George and Giulietta were completely unaware of what had happened. I remember George telling me how he had arranged to collect Livia after her class, and on his way there he saw blue lights flashing. He spoke of how the thought crossed his mind that it must be sad that for the relatives of the person being attended to by the emergency services.

When the case came to trial and the driver was found guilty by unanimous verdict of the charge of causing death by dangerous driving on 6 November 1998, I think everybody expected a custodial sentence. The judge, however, considered the case to be borderline with careless driving and accepted the defendant’s last-minute decision not to testify. The judge declared that there was no benefit in sending the defendant to jail, as he had previously been of good character, and said nor would it serve justice. The defendant received a £2,000 fine, 10 points on his licence and a five-year ban from driving.

An appeal against this leniency was immediately lodged with the Attorney General by the family and the Crown Prosecution Service. As he did not consider the sentence to be unduly lenient, the Attorney General declined the appeal. In 2000, the family took the Attorney General to judicial review on the grounds of unreasonableness. The first attempt failed. At the second attempt, the High Court found that, for the purpose of the hearings, it had been an unduly lenient sentence, and that while the Attorney General had made an error of judgment in denying the appeal, he had not made an error of law.

Still disappointed, in 2002 the family turned to the European Court of Human Rights to test articles 2, 3, 13 and 14. Again, Livia’s case failed. All avenues in the criminal process having been exhausted, the family turned to civil redress and the civil case succeeded. I understand that everyone who has read about Livia’s case agrees that the sentence was very light.

The inspiration for an award in Livia’s memory arose from the work of the three police officers in charge of the case, who were described by George and Giulietta as “superlative”. At that time, there was no public accolade for traffic police officers. The award was established by Livia’s parents in gratitude to the road traffic officers who investigated Livia’s case. George and Giulietta recognised that they fulfilled the expectations of professional service and integrity, and they formed the criteria and mandate for the Livia award. Through their own experiences, the family have, most admirably, turned their grief into something very positive.

The Livia award for professionalism and service to justice has grown from an award that was first presented in the Livia memorial garden as a memento of personal gratitude, into a milestone in the Metropolitan police’s history and annual agenda. The Livia memorial garden in Enfield was opened by the then hon. Member for Enfield, Stephen Twigg, in October 1999. The 100 square metre derelict site, adjacent to the pavement where Livia was killed, was transformed into a haven for public use. Stephen remains closely involved with the Livia award to this day.

The award has been endorsed over the years by all the Prime Ministers since that time, from Tony Blair through to Gordon Brown, David Cameron, my right hon. Friend the Member for Maidenhead (Mrs May) and Boris Johnson, along with every single Metropolitan Police Commissioner since 2000, and, most especially and significantly, by the Metropolitan police’s traffic command and its officers. The award is made annually to the Metropolitan police officer in the roads and transport policing command, serious collision investigation unit who is judged to have provided the most meritorious service to road death investigation, either in a specific case or sustained through several investigations, or by providing the family of a road crash victim with outstanding service.

[Holly Lynch (Halifax) (Lab)]

I congratulate the hon. Gentleman on securing the debate. He is making an incredibly powerful speech. Having inquired about what goes on behind the scenes when investigating fatal road traffic collisions following a particularly tragic case in my constituency, I know that one thing that distresses families is the length of time it takes to investigate a collision and bring a case to court. West Yorkshire police do fantastic work and I pay tribute to them, as he is paying tribute to some of the officers he has referenced. One challenge is that it takes three years to train a forensic collision investigator. The challenge of getting the capacity in those training courses to train officers, so that there are enough incredibly talented and experienced officers to do this important work, is creating some of those delays. Does he share my thought that that is something for the Government to consider, so that the training can be undertaken in a timely fashion to ensure that we have the right number of special investigators and we get justice for families who are hit the hardest by these tragedies?