From the courts: what you need to know

A fire in a London tower block last year highlighted the duty of councils towards fire safety. Nick Wilson, health and safety consultant at Weightmans LLP, looks at the wider ramifications to councils who manage their housing stock.

Background

In July 2009 a fire swept through Lanakal House, a 12-storey tower block in Southwark, south-east London, claiming the lives of six people and hospitalising many more. Such was the intensity of the fire that over 100 firefighters and 18 fire engines attended the scene.  Initial reports suggested the cause of the fire was an electrical fault in a room on the ninth floor, although the investigation into the cause and spread of the fire continues. 

As a consequence, Southwark Council now finds itself at the centre of what has become a highly complex investigation led by the Metropolitan Police, with help from other agencies including the London Fire Brigade, London and Fire Emergency Planning Authority and the Health and Safety Executive.

Legal duty

The Regulatory Reform (Fire Safety) Order 2005 (RRO) places a clear statutory responsibility for the safety of people from fire in premises, including those in multiple occupation, with the ‘responsible person’. Those with the responsibility are required to carry out a fire safety risk assessment and to implement and maintain appropriate fire safety arrangements to minimise the risk to life in the event of a fire.

This responsibility extends to councils who act as landlords in the public sectors. While some councils have appointed Housing Associations to manage its properties and take on the role of the ‘responsible person’, others have retained responsibility. Local Fire and Rescue Authorities (FRA) are the primary enforcing authorities for the majority of premises covered by the RRO. Other legislation that makes significant requirements for fire precautions in tower blocks includes the Building Regulations 2000 and the Housing Act 2004.   

The fundamental requirement of the RRO is to take measures to reduce the risk of fire and of it spreading and to implement measures in relation to the means of escape from the premises. A fire risk assessment of communal areas describing the precautions to be taken must be carried out and made available for inspection.

Communal areas in tower blocks include main stairways, escape stairways, access corridors, lift lobbies, storage cupboards, car parks and garages. The failure of Southwark Council to produce fire risk assessments for properties similar to Lanakal House was one of the breaches cited in enforcement notices served upon them by LFEPA in August 2009. These notices have since been complied with. 

Take action

Of course, a fire risk assessment without proper monitoring and review of the preventive and protective measures serves little purpose. Regular visits and inspections of common areas must be carried out by competent persons to make sure, where appropriate, that:

• sources of ignition (electrical, smoking, arson) are properly controlled
• housekeeping is adequate
• combustible materials aren’t allowed to accumulate
• escape routes are clear with adequate signage and lighting
• fire detection systems and alarms (where fitted) are maintained
• rising mains, firefighting apparatus and sprinklers (where fitted) are tested
• self-closing devices on doors function properly.

Councils should also review the information and guidance provided to residents on the prevention of fire and the action to take in the event of a fire. Periodic home visits with the local FRA should be made to engage the interest and co-operation of tenants and the role they can play in fire prevention.

Councils should also consider the benefits of drawing up an agreement with their local FRA to provide a framework for investigative and enforcement procedures and practical working arrangements. They do, after all, share the same goals.

Conclusion

Whether the investigation reveals any underlying failings by Southwark Council remains to be seen. It’s not the purpose of this article to speculate on the outcome of the investigation or inquest. What’s clear, however, is that this tragic incident has brought a timely reminder of the devastating effects fire can have in a multi-storey building and the responsibilities owed by persons defined in the RRO.

A criminal investigation is now underway. All councils, irrespective of whether they’re the responsible person or not, should now review arrangements made under the RRO to make sure that effective planning, organisation, control, monitoring and review of the preventive and protective measures are in place.

Our thanks to Weightmans LLP for helping write this article.