The driver who crashed into a prep school killing two girls has been charged with causing death by dangerous driving nearly three years on from the tragedy.

Nuria Sajjad and Selena Lau, both eight, were killed when a Land Rover Defender veered off the road smashing through a fence into the Study Prep School in Wimbledon as children and staff were at an end-of-year tea party in July 2023.

Nine children and three adults were also seriously injured.

The driver Claire Freemantle was arrested in the aftermath of the crash on July 6, 2023, but prosecutors decided not to bring any criminal charges in June 2024 after Ms Freemantle claimed she had suffered an epileptic seizure at the wheel for the first time.

Now the CPS has charged the 49-year-old with nine offences in connection to a fatal collision outside The Study Prep School in Wimbledon on July 6, 2023.

David Malone, Deputy Chief Crown Prosecutor for London North, said: 'The Crown Prosecution Service has decided to prosecute Claire Freemantle, 49, with two offences of causing death by dangerous driving and seven offences of causing serious injury by dangerous driving.

'This charging decision was made after the Metropolitan Police re-opened their investigation into the collision which led to significant new evidence being passed to us for consideration.

'Following this review, our prosecutors worked to establish that there is now sufficient evidence to bring this case to court, and it is in the public interest to pursue criminal proceedings.

'We have worked closely with the Metropolitan Police as they have carried out their second investigation into the collision.

'This was a tragic incident and our thoughts remain with the families of Nuria and Selena for their devastating loss, and to those seriously injured and otherwise affected by the collision.

'We know this incident has had a profound impact on the wider community. However, we remind all concerned that proceedings against the defendant are now active and she has a right to a fair trial.'

Concerns were later raised about the first investigation which led to a serious case review uncovering significant flaws by officers, including their consideration of the medical evidence which led to the case being dropped.

The Met announced in October 2024 that it was reopening its investigation into the crash following the internal review that identified a number of missed lines of inquiry.

Last year Ms Freemantle was re-arrested on suspicion of causing death by dangerous driving and was quizzed in custody about the circumstances of the crash.  

In a statement on behalf of Claire Freemantle, Mark Jones, criminal defence partner at Payne Hicks Beach LLP, said she would plead not guilty to the offences.    

He said: 'As a mother of school-aged children herself, Claire will be tortured for the rest of her life by the dreadful loss and injury resulting from the unimaginable tragedy of that day. She remains utterly devastated by the appalling consequences for all those so tragically affected.

'However, Claire has no recollection of that terrible tragedy. Moments before the crash Claire suffered an epileptic seizure with loss of consciousness and memory. This diagnosis was not offered by Claire herself or made by an expert instructed by Claire but by an independent medical expert instructed by the police.

'Witnesses at the scene have been quoted in the media as describing Claire as being delirious and having bitten through her tongue, characteristic of those who have just suffered an epileptic fit. Paramedics who saw her immediately afterwards described her as being in the 'postictal state' also symptomatic of those who have just suffered an epileptic fit.

'Claire offered the police her full medical records. The police confirmed these medical records showed that she had never previously suffered any symptoms of epilepsy. The CPS decision at that time was not to charge Claire because there was no element of legal responsibility.

'On 24 June 2024, after the first police investigation, Jaswant Narwal, a Chief Crown Prosecutor, publicly confirmed that: 'The driver of the vehicle had an epileptic seizure behind the wheel, which caused her to lose control of the vehicle which then drove into the school. There is no evidence the driver had ever suffered a similar seizure before and she had no previously diagnosed medical condition.

'Because there is nothing to suggest the driver could have done anything to predict or prevent this tragedy, it is not in the public interest to pursue a criminal prosecution.'

'Throughout this second investigation, no further medical evidence has been submitted to contradict the diagnosis of epilepsy. We can, however, confirm that since 6 July 2023, Claire has suffered further seizures. The police are aware of these. She remains under medical care and treatment for her condition.

'We believe that initial decision by the CPS was the right one in these tragic circumstances and that there are serious questions to be answered about the reasons for its reversal today.

'There is a limit to what we can say and what should be said now that proceedings are live. There will be no further comment at this stage and Claire asks that her privacy and that of her family is respected by the media.'

In a previous statement in 2024, the driver expressed her 'deepest sorrow' but said she had 'no recollection of what took place'.

She said: 'Since I became aware of the terrible event that took place on 6 July, the devastating consequences for all those affected have not left my thoughts and will be with me for the rest of my life.

'I have since been diagnosed as having suffered an epileptic seizure with loss of consciousness. This was not a pre-existing condition. As a result of losing consciousness, I have no recollection of what took place.'

The Independent Office for Police Conduct (IOPC) is currently investigating four serving officers and one former detective constable for possible gross misconduct over the earlier botched investigation.

One of the key issues in the original investigation was the diagnosis of epilepsy, which is notoriously difficult to detect without brain scans shortly after a seizure and a detailed consideration of a patient's medical history.

The review of the original investigation highlighted missed opportunities by the Road Traffic Collisions Unit who failed to interview key witnesses at the scene, including the head teacher of the school who comforted Nuria as she lay injured.

The bereaved families and other survivors have previously said: 'We have always sought the truth, and will continue to champion the pursuit of complete clarity on the events of that devastating day and subsequent actions taken by the Metropolitan Police.

'The truth must come to light.'

The watchdog is examining allegations that Met officers provided 'false and misleading information to those affected and whether the officers' treatment of those affected was influenced by their race'.