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Grenfell Tower fire in North Kensington - news and discussion

Settlement reached for 900 claimants in Grenfell civil case - Inside Housing (archived)

A group of more than 900 bereaved family members, survivors and local residents (BSRs) whose lives were devastated by the Grenfell Tower fire have agreed a settlement of their civil claims arising from the fire. The claimants brought the action against various civil and corporate bodies involved in the refurbishment of the tower, with the opening hearings taking place in the High Court in July 2021. The case was moved to an alternative dispute resolution, which has continued behind closed doors for almost two years.

A settlement has now been reached for 900 claimants represented by a group of 14 law firms. (...)

The civil process is completely separate to the public inquiry – which completed its oral hearings last November and is yet to issue its final report. It is also separate to the police investigation, which continues to gather evidence. It is anticipated that the Crown Prosecution Service (CPS) will make a decision on whether to pursue criminal charges following the publication of the inquiry report, expected in the autumn. (...)

The settlement involves an undisclosed global sum in compensation, which will be apportioned between all the claimants according to their own specific circumstances. The settlement concludes the civil proceedings for these claimants.

The case was brought against firms including Arconic, the cladding manufacturer, and Rydon, the main contractor for the refurbishment of the tower. It also involved Celotex, which made the combustible insulation used on the tower, cladding sub-contractor Harley Facades, fire engineering consultancy Exova, architecture firm Studio E, and the Royal Borough of Kensington and Chelsea (RBKC) and Kensington and Chelsea Tenant Management Organisation (KCTMO) – the landlord and managing agent of the tower.

Separate processes were brought by police officers and fire fighters against the Metropolitan Police and London Fire Commissioner, which were included in the dispute resolution process but are not part of this settlement.

The 14 firms involved in the settlement include Bindmans, Bhatt Murphy, Saunders Law, Hodge Jones and Allen, Russell Cooke, Slater and Gordon, Duncan Lewis, Scott Moncrieff and Associates, Howe and Co, Hickman and Rose, Birnberg Pierce, Imran Khan and Partners, Deighton Pierce Glynn and SMQ Legal Services. A separate group of claimants represented by Bishop Lloyd and Jackson are not involved in the settlement.
 
The Inquiry posted an update yesterday. It stated that the final report would not be finalised before the beginning of next year.

Report Progress

We recognise that everyone involved in the Inquiry wants the report to be published as soon as possible and we fully understand the importance that has for them and for the wider public. However, it is also important that, as what we hope will be regarded as the definitive version of events, the report is complete and accurate. Individual chapters are at different stages of drafting and several stages still remain to be completed.

We also want its recommendations to be as effective as possible, which means they must have a firm basis. We have asked a number of the Inquiry’s expert witnesses for their suggestions.

When the draft is nearing completion, it will be necessary to write under rule 13 of the Inquiry Rules to those who may be subject to criticism, explaining the basis on which such criticism may be made.

The Inquiry hopes to complete the drafting of the report before the end of 2023. Various practical steps will then need to follow, such as proof-reading, typesetting and printing, all of which take time. We shall send the report to the Prime Minister, as required by our terms of reference, as soon as we can but that will probably not be possible before the beginning of next year. The Prime Minister will decide when the report will be published and by whom, but we are ready to act quickly if he asks us to publish it, as we think likely. The Panel and whole Inquiry team will spare no effort to finish work on the report as soon as possible and will continue to do their utmost to complete the work within the time indicated.

Grenfell United response to news report will not be finalised until 2024

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Twitter link

In a paywalled article Inside Housing points out:

In its update, the inquiry said it “wants its recommendations to be as effective as possible, which means they must have a firm basis”. It added: “We have asked a number of the inquiry’s expert witnesses for their suggestions.” The first-phase report, published in October 2019, made a number of important recommendations for the housing sector: a ‘Plan B’ in case stay-put advice fails to keep residents safe; regular checks on fire-door self-closers; personal emergency evacuation plans (PEEPs) for residents with disabilities; and the installation of manually operated fire alarms if an evacuation became necessary.

However, despite the government promising to implement them in full, all these recommendations have either been watered down or abandoned completely. The government has rejected the need for PEEPs, branding them disproportionate. Nothing has been done to encourage the fitting of fire alarms, and while fire-door checks have been implemented, they are less frequent than the inquiry recommended.

Peter Apps - delay so 'experts can devise recommendations' which Govt. will probably delay implementing and then ignore

Twitter link

This is hardly good news but as Grenfell United say it's also not very surprising. Lawyers for the bereaved, survivors and residents urged the Inquiry to consider how to ensure its recommendations were acted on. Carefully setting out the basis for making them will be a significant part of that, particularly if the Inquiry adopts some of the more far reaching proposals made in some of the final reports by it's expert witnesses. But obviously that goes hand in hand with the other aspect of the report: the strength of the findings it makes in respect of the failings it identifies.
 
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twitter link -- Evening Standard article link -- archived version

Anyone who witnessed fire that night would think that Grenfell would have been the catalyst for change. But we have all been fooled.
Six years since the fire, we know who is responsible, but not a single person has been brought to justice.
Deadly cladding remains on buildings. People stuck in death traps. Disabled residents are still waiting to hear the outcome of the Personal Evacuation Emergency Plan judicial review. Their lives hang in the balance. The Social Housing Regulation Bill is still awaiting royal assent whilst residents are forced to live in uninhabitable conditions.
We’ve worked tirelessly to ensure our loved ones are remembered not for what happened, but for what changed. But so little has.
We’ve fought for homes to be safe, for everyone to be able to evacuate safely in an emergency, for social housing tenants to be listened to and problems righted. These are the basics. It’s what we should all have access to. But yet, it’s a fight. A fight to hold those responsible to the proper standards and to do the right thing.


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twitter link -- My London article link -- archived version

The one thing that the government want everyone to do is to move on from Grenfell, knock the tower down and move on. The one thing that we need to do is keep Grenfell in the public consciousness
 
Inside Housing journalist Peter Apps (see this thread passing) has won an Orwell Prize for Political Writing for his Grenfell book:


 
Peter Apps' book is well worth reading.

twitter post includes first two pages of Peter Apps' book about Grenfell


twitter link


INTRODUCTION

It should have been a normal flat fire. It was just an electrical appliance malfunctioning in a flat on the sixth floor of a 1950s council block. The London Fire Brigade (LFB) attend these sort of events every day. Often, they put it out without the other residents of the building even knowing. But this fire would be different.

The tower block had been poorly maintained and serious fire safety defects had been allowed to fester. Residents had raised their concerns without any success. A legally required risk assessment had not been carried out. Worse, a recent refurbishment had seen highly combustible panels fixed to the external wall.

It was the middle of a hot summer when the fire broke out, the flames licking through an open window, igniting one of the panels. It began to spread up the building, threatening other flats.

This took the fire service by surprise. Fire is not supposed to spread from flat to flat. As call after call came in from trapped residents, the call handlers fell back on the textbook advice: ‘stay put’. On the ground, the rescue operation became chaotic. This was outside the firefighters' training and they didn’t know how to respond. Outdated equipment hindered the co-ordination of the response. Command was passed rapidly from one officer to another. Key information necessary to save the trapped residents was not conveyed to the teams on the ground quickly enough. Residents were left waiting desperately for help that never came. If they had been told to flee, they would likely have lived.

Harrowing 999 calls, which would later be played at a mammoth public inquest, recorded the rising panic of those trapped as smoke filled their burning flats. The fire ripped through the poorly maintained building. Fire doors failed. Eventually, the single staircase filled up with pitch-dark, choking smoke. In just one bathroom, two mothers and their three children died, including a baby born just weeks before.

‘The council were aware of our concerns. We told them we needed certain measures put into place,’ one resident told the Evening Standard just days after the fire. ‘But every time we complained, they told us they had taken our concerns on board, but nothing ever happened.’

Questions rapidly emerged about other social housing tower blocks around the country, as it appeared some of the safety issues which had turned this fire into a disaster were widespread. Amid a storm of criticism, the fire service said it would review the stay put advice it had given trapped residents. It was Britain’s worst ever tower block fire. Politicians solemnly promised it would never happen again. These promises would be broken.

Because this wasn’t the Grenfell Tower fire of 2017. It was a fire at Lakanal House, a tower block in Southwark in south east London, in 2009.
 
BRE ends relationship with Kingspan over ‘reputational risk’ following Grenfell Inquiry revelations - Inside Housing (archived)

Last week insulation manufacturer Kingspan wrote to it's clients to say that the Building Research Establishment were no longer accepting work from them. The decision was apparently taken last year.

In a statement to Inside Housing, the BRE – which is a leading building science institute and provides testing against official standards for a wide variety of construction materials firms – said it would no longer accept work from the firm “following evidence heard during the course of [the Grenfell Tower] Inquiry”. It said it was also refusing to take work from Celotex, which made a much larger amount of the insulation ultimately used on Grenfell Tower.

The Inquiry heard that both Kingspan and Celotex deliberately 'gamed' the BRE testing system and then misrepresented the results to sell their products as generally compliant with Building Regulations for use on tall buildings. In fact they could only have been compliant in very specific configurations which did not apply at Grenfell, or on a great many other buildings. They are now banned from use on buildings over 11 metres tall, and Celotex withdrew a number of it's products from the market. Although the rapid spread of flames at Grenfell was caused by the ACM cladding material, the insulation manufactured by Kingspan and Celotex contributed to the fire first reaching that cladding material; Kingspan's K15 insulation produced burning debris; and both products contributed to the toxic smoke cocktail which was the main cause of death.


Peter Apps suggests the Building Research Establishment's decision not to accept further work from Kingspan or Celotex suggests a case of bolting the stable door


Twitter link (for those with twitter accounts)

Peter Apps @PeteApps
Those who followed the inquiry evidence about both organisations may be tempted to make a comment about stable doors, horses and bolting

[He adds a screencap of part of the Inside Housing article linked to above:
"The inquiry also spent time focusing on a further Kingspan test in March 2014, where helmet camera footage appeared to show Kingspan representatives discussing the wording of the test report with the BRE.
After flames passed the top of the rig, which meant it had failed, one Kingspan staff member was recorded saying: “Can’t you just delete the whole sentence?”
Further emails showed BRE staff describing test reports for Kingspan as “potentially a huge source of income over the coming years” in 2015."
9:57 AM • Jul 4, 2023 •1-775 Views


The Inquiry is producing it's Phase 2 report which is expected next year. In an update last week it said:
Drafting of the Phase 2 report continues. Each chapter of the report is at a different stage of drafting, with some now nearing completion. The Chairman is required to write to those who are subject to criticism in the report under rule 13 of the Inquiry Rules and has to allow them reasonable time to respond to the criticisms made against them. That process, which is entirely confidential, has now begun.
 
Back in April more than nine hundred claimants reached a civil settlement with 22 civil and corporate bodies involved in the Grenfell Tower fire. Reportedly the settlement totalled £150m. The contribution towards this of Rydon, the main contractor for the refurbishment of Grenfell Tower, is revealed in its accounts.

Grenfell contractor Rydon has revealed a provision of £26.7m to cover the cost of its part in the settlement earlier this year with more than 900 survivors and bereaved family members of the tragedy. The provision is also understood to include the potential outcome of ongoing talks with individuals not included in the BSR Cohort 1 group civil case settlement. Rydon said its settlement is being covered by its insurers.

Rydon pays out £27m for Grenfell civil claim settlement - Construction Enquirer

This £26.7m provision is about three times the £9.2m Rydon initially bid to win the refurbishment contract.

This made Rydon the frontrunner, but still put it £700,000 above the TMO’s budget. Peter Maddison [the TMOs Director of Assets and Regeneration], who had several contacts at Rydon from previous jobs in housing, got in touch informally to see if the firm could strip a little bit of extra cost out of its bid – something which went against the strict rules of transparency which are supposed to govern the procurement process. On 10 March, Rydon director Steve Blake wrote in an email: ‘Spoke to Peter [Maddison] about the award and they are keen to get going. They need to do a fair amount of value engineering which should be achievable.’

On 18 March, representatives from Rydon and the TMO sat down to discuss in detail the cost savings they could make. The meeting was secret (described as ‘offline’ in internal emails) and no official notes were taken. The two firms left content that the £700,000 savings they wanted could be made. Later the same day, Rydon was formally appointed. But the agreement would involve switching out the zinc panels for the alternative: ACM.
(Peter Apps 'Show Me The Bodies' Chapter 10)

In its Phase One report the Inquiry found that the Aluminium Composite Material cladding panels, with a highly combustible polyethylene core, did not comply with Building Regulations and were the primary cause of the rapid fire spread around the building.

In the year to September 2022:
Rydon Maintenance, involved in the Grenfell project, delivered a £700,000 pre-tax profit down from £900,000 previously on revenue of £43m. (Construction Enquirer)
 
Last December there was a High Court hearing at which members of Claddag, a campaigning group representing disabled residents of buildings with dangerous cladding, sought a judicial review of the Government's decision not to implement Personal Emergency Evacuation Plans (PEEPs) for disabled residents of high rise buildings. (One of the recommendations of the Grenfell Inquiry's Phase 1 report). Details back here.

The outcome was announced today - the attempt to oblige the Home Office to reconsider was rejected.

Judge Mary Stacey dismissed the claim. But she said the decision to reject the implementation of personal emergency evacuation plans (PEEPs) for disabled people "must have been desperately disappointing for the claimants" but it was "not in breach of the requirements of public law and procedural fairness". She added that it was "a political decision that the minister was entitled to make".
(from paywalled Inside Housing report)

Peter Apps has written a twitter thread about this - archived here at threadreaderapp. It concludes:

And so here we are - six years after Grenfell - the govt has fought two lengthy and expensive legal battles to avoid having to work out how to get disabled residents out of the next building that suffers a huge fire. This is the country we live in.

Last week, during a debate in Parliament on Building Safety and Social Housing, Michael Gove said, in reply to a question from Richard Burgon:

I was reflecting, just before that very helpful intervention, on the particular fate that disabled residents faced at Grenfell, and the vital importance of making sure that we have personal emergency evacuation plans in place. I hope to be able to update the House with the Home Secretary in due course.

It is not known what is to be proposed.
 
Cost of Grenfell Tower disaster soars to nearly £1.2bn - The Guardian
Costs now 4,000 times amount saved by replacing fire-retardant materials with combustible cladding

The police investigation, which Scotland Yard describes as one of the largest and most complex it has undertaken, has cost more than £60m to date. Operation Northleigh has taken more than 11,000 witness statements and detectives are still working through 130m documents, a Met police spokesperson said.

In total, 40 people have been interviewed under caution as 180 investigators examine possible corporate manslaughter, gross negligence manslaughter, fraud and health and safety offences. No one has yet been charged.
 
In July it emerged that the Building Research Establishment decided last year that it would no longer do business with Kingspan or Celotex, manufacturers of the inflammable insulation used at Grenfell, “following evidence heard during the course of the Inquiry”. Kingspan is an Irish based company and now the Irish regulator, the National Building Control and Market Surveillance Office is looking at them.

UK watchdog’s move to drop Kingspan prompts questions in Ireland - Business Post (archived)
 
Interesting x-twitter thread by Peter Apps. Archived here as a webpage. (original x-twitter link here)

One of the pieces of post-Grenfell building legislation, The Building Safety Act 2022, included provisions to compel some freeholders to carry out remediation works to remove dangerous cladding and to protect some leaseholders from being charged some of the costs. Government explainer here. An Inside Housing article in March set out how limited these provisions are.

In August a group of leaseholders took their freeholder to a tribunal and were successful. (Background article here).

However in the judgement issued by the tribunal (pdf) it was noticed that the freeholders had employed a building safety expert to provide a report to support their defence. The name of the expert - Mr Brian Martin of DCCH Experts LLP.

Pre-Grenfell a Brian Martin was Policy Lead within what was then called the Department for Communities and Local Government. He was responsible for the sections of the Building Regulations to do with fire safety and was a key witness at the Grenfell Inquiry. Peter Apps runs through some of what emerged from his evidence:

For those who don't know about Mr Martin's role in the build up to the fire, they included not producing an FAQ making it clear that the cladding later used on Grenfell was banned, after industry warnings that it was in use in the UK market. Asked why not, he told the inquiry he “forgot” to do so because he was “busy on other things”. One witness said he stated "there is going to be a major fire" as he left this meeting (he said this was not a reference to ACM).

After the coroner investigating six deaths at Lakanal House recommended the retrofit of sprinklers and a review of building safety guidance to prevent further deaths, he advised taking less drastic action as: “We only have a duty to respond to the coroner, not kiss her backside.”
He admitted not alerting his superiors to a "red alert" warning in January 2016 that ACM cladding was being widely used in the UK, and admitted assurances he gave that cladding was banned "lulled [his seniors] into a false sense of security".

He dismissed the recommendations of a fire safety campaigner as not “necessarily be in the best interests of UK Plc” and told the inquiry that if someone who made life safety an "absolute priority" wrote regulations "We’d all starve to death".

Days after the fire, he also helped draft a letter which told the industry government guidance banned all combustible cladding products - something he admitted under cross examination was "a false representation", but denied was a "a planned, deliberate and underhanded attempt...
"...to rewrite history in the light of the [Grenfell fire] in order to protect the government’s position after the event?”

At the end of his evidence, he said he was "bitterly sorry" as “there were a number of occasions where I could have potentially prevented” the fire.

He was also accused by two witnesses of using the phrase "show me the bodies" to justify a lack of action on fire safety - as there were not enough people dying to justify new burdens on industry. He denied using this phrase when asked.

The Inside Housing reports of his evidence are here:
25th March 2022 - Grenfell Tower Inquiry diary week 69: ‘It was just unthinkable, you had the makings here of a crisis that you simply couldn’t conceive of’
1st April 2022 - Grenfell Tower Inquiry diary week 70: ‘Show me the bodies’

Apps writes:
So is this the same man? One source with knowledge of the proceedings has told me it is. Others have told me Mr Martin left government to work as an expert witness. There are no registered fire engineers with the same name. But no one involved in the case is willing to confirm.

While being described here as a "fire safety engineer", Mr Martin told the Inquiry in March 2022 that he had no fire safety qualifications beyond his original professional training as a building control officer. (...)

Now - it at least appears and has not been denied by DCCH or lawyers representing Kedai Ltd - this man is now selling his services as an expert to companies which own buildings with this dangerous cladding and don't want to pay to remove it.

If it is the same Brian Martin his record of giving poor advice seems consistent.

One of the replies to Apps' thread:

''if this is indeed the same man from the Inquiry imo he deserves to be placed in a cage and hung outside the remains of Grenfell Tower for all the world to see.''

Gillian Johnson @Gillian11135191 - Sep 21
if this is indeed the same man from the Inquiry imo he deserves to be placed in a cage and hung outside the remains of Grenfell Tower for all the world to see. Please let us know if you get confirmation of his identity.
 
The latest update from the Inquiry, posted on Friday. The completion of it's final report will take longer than previously thought.

As things stand, the report will not be published before April next year but the Panel hopes to be able to send it to the Prime Minister before the next anniversary of the fire with publication soon thereafter.

It gives some detail of how the writing of the report is going. Some sections are still being drafted. But others are on to the next phase of the process.

Drafts of the chapters relating to the history of the refurbishment, the response of central and local government and chapters relating to the LFB have been completed and warning letters have been sent to those who are likely to be criticised. Responses to those letters have been received from many of those to whom we have written, although the process is continuing. (...)
The rule 13 process is proving time consuming. Not only do we have to allow recipients a reasonable time to respond to potential criticisms, but we also have to analyse their responses in order to decide whether we need to modify our provisional conclusions or the way in which we have expressed them. Nonetheless, we are probably over half-way through the process, having sent out over one hundred letters so far. (...)

Rule 13 refers to the 2006 Inquiry Rules
Warning letters
(13) (3) The inquiry panel must not include any explicit or significant criticism of a person in the report, or in any interim report, unless—​
(a)the chairman has sent that person a warning letter; and​
(b)the person has been given a reasonable opportunity to respond to the warning letter.​

The rule requiring Inquiries to notify people if they are to be criticised, and giving them an opportunity to respond, is known as 'Maxwellization'. It was introduced after that delightful socialist entrepreneur Robert Maxwell took the DTI to court because their report into his former company Pergamon Press had stated:

We regret having to conclude that, notwithstanding Mr Maxwell's acknowledged abilities and energy, he is not in our opinion a person who can be relied on to exercise proper stewardship of a publicly quoted company.

(Maxwell subsequently went on to reacquire Pergamon and also buy the British Printing Corporation and Mirror Group Newspapers. After his death it emerged that he had, amongst many other things, stolen millions from his worker's pension funds to shore up his companies. The sort of financial malpractise which had led him to temporarily lose Pergamon, but this time conducted on a far greater scale).

Inevitably the Maxwellization process leads to delays in producing Inquiry reports, and this has sometimes led to considerable criticism.

After the regulators report into the collapse of HBOS in 2008, was finally issued in 2015, the Treasury sub-committee commissioned a review of Maxwellization which reported two years later. Amongst the changes the review suggested were that Maxwellization should be limited to persons who had not "already had an opportunity to respond to the criticism during the evidence-gathering phase of an inquiry."
This change was not implemented.

Peter Apps asked the obvious questions on x-twitter: (link1 -- link2)

I do also wonder if those companies who paid a KC to give hamfisted tributes to the victims and promised to co-operate completely with the inquiry are dicking around with the Rule 13 (right of reply) process to slow things down as much as possible? Surely not.
Not really sure we should have Rule 13 in inquiries. Companies have had representation, they've given opening and closing statements and their witnesses had the chance to respond to questions. Why let them slow the process with a behind-closed-doors exchange of letters?

And when you see that :
Draft chapters relating to manufacturers of products and certification bodies and aspects of the TMO’s conduct are nearly all complete, although in each case there is work to be done before warning letters can be sent out. (Inquiry update)
it's not surprising that an extended delay is anticipated, given Kingspan's previous aggressive legal tactics, to point to just the most obvious example.
 
In October members of Grenfell United were invited to give a presentation to Derry & Strabane Council's Health and Community committee.
Derry councillors get Grenfell United presentation - Derry Now
Two members of Grenfell United invited to address the committee, revealed Ulster Rugby’s decision to continue its association with Kingspan had caused “further anguish” for the relatives of those who died.

Grenfell United had previously called on Ulster Rugby to end the sponsorship deal
We met with Jonny Petrie, and provided him with the facts from the Inquiry. But he chose to extend Ulster Rugby's sponsorship with Kingspan by a year - when the Phase 2 report is expected to be published.
@UlsterRugby has once again chosen money over ethics.
#JusticeForOur72
(Oct 4th x-tweet)
Jonny Petrie: Review of Kingspan association will follow Grenfell Inquiry report, says Ulster Rugby CEO - BBC Sport

Kingspan's lawyers have now written to the Council.
Kingspan’s anger at NI council over ‘grossly inaccurate’ Grenfell disaster presentation - Belfast Telegraph (archived)
Firm’s lawyers claim comments by victims’ group and some Derry City and Strabane councillors ‘reckless’ as they ask for record to be put straight and removal of images on website

The Government have taken some action against building sector companies. In December 2021 Rydon Homes, the developer for the refurbishment of Grenfell Tower, was booted off the Help to Buy Loan Scheme. The Government then pressured building developers to sign up to its Responsible Actors Scheme under which they agree to pay for the removal of unsafe materials on properties that they have developed. Eleven developers who failed to meet the deadline for signing the Developer remediation contract were named and shamed and threatened that they would be unable to start new developments in England and Wales or receive Building Control approval for those already underway. All eventually signed up.

No similar action has yet been taken against cladding and insulation manufacturers. Talks with the Construction Products Association broke down early 2022. In the spring of this year letters were sent to Kingspan, Arconic and Celotex
Government threatens cladding companies who refuse to remediate with severe consequences - pbctoday
So far there has been no follow up or attempt to put pressure on manufacturers.

In November Saint Gobain who owned Celotex, the other manufacturer of insulation used at Grenfell published an article on its website about its involvement in the Government's Great British Insulation Scheme.

Peter Apps: ''Remember when Gove kicked Grenfell contractor Rydon off the Help to Buy scheme? Well the company which supplied the combustible insulation is still raking in sales from the public purse, and bragging about it''


Apps wrote a long thread about it which is archived here as a web page.

In February the Guardian reported that Saint Gobain (Celotex) and Kingspan had reported over £7.5bn global profits since the Grenfell fire.

On Wednesday Saint Gobain published another article on it's website announcing the sale of Celotex. According to Bloomberg's

“This sale will not affect Saint-Gobain’s commitment to the Grenfell inquiry or any inquiries by the Metropolitan Police,” a spokeswoman for Saint-Gobain said by phone.
 
Last week the Inquiry posted an update on its website. It will not, as it had hoped, be able to produce it's Final report before the anniversary of the fire on June 14th.

Progress of the report
The process of notifying those who may be subject to criticism in our report and considering their responses, as required by rule 13 of the Inquiry Rules, is now in its final stages. We have had to write to about 250 people and the process has been significantly larger and more complex than we had originally expected. Although it is now reaching its final stages, it means that we shall not be in a position to publish the report before the next anniversary of the fire, as we had originally hoped.

However, we remain determined to publish the report as soon as possible and the whole Inquiry team is working as hard as it can to ensure that no time is lost. When we have a better understanding of how much longer the rule 13 process is likely to take, we shall write again and, if possible, provide a date for publication.

I referred above to the delays caused by the rule 13 process (known as 'Maxwellization'), in which anyone subject to 'explicit or significant' criticism in an Inquiry report has to be notified in writing and given an opportunity to object. We now know this applies to about 250 individuals. Some of whom will have expensive lawyers.

Peter Apps has written a piece about it on his Substack. While the article seems to be accessible for the moment some of the links in it are to pages which themselves contain paywalled links. Here is a copy of the article with (I hope) fully working links.

Grenfell - Justice Delayed (Again)

ETA: Friday Night - archive.vn seems to be having issues with a couple of its domains breaking that link. May just be temporary but in the meantime this link seems to be working: Grenfell - Justice Delayed (Again)

The one scrap of positivity I can find in the latest delay is that there might be some advantage in the report being published by a new government. With clear political water between the new politicians and the failures under scrutiny, as well as energy and parliamentary power there might be a higher chance of the small window of public attention resulting in some actual change.
But this remains to be seen. Some of the changes we need (sprinkler retrofit for example) cost money, and no political party with a chance of forming a government is willing to provide that. Other changes will require standing up to the building industry, and the current leader of the opposition is on record promising to “cut red tape” to get them building - a nasty echo of the language which the inquiry report is ultimately quite likely to savage.
 
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Peter Apps has a short x-twitter thread about the Met press conference about Grenfell this morning. Archived here as a web page.

From it:
  • Charging files will not go to prosecutors until 2026
  • Decision on charges not until end of 2026
  • Trials will not start for at least six months after that (...)
Offences under investigation are corporate manslaughter, gross negligence manslaughter, perverting the course of justice, misconduct in a public office, serious fraud and various health and safety and fire/building act offences
Met has 19 organisations as suspects and 58 individuals. Would not be drawn at all on who or which they are. (...)
Eight out of 20 early investigative advice files have been submitted to CPS already. Typically each report includes 17,000 pages of evidence. Detectives were at pains to stress the complexity and depth of the investigation and repeated they have "one chance" to get it right (...)
Met Police investigation, as of March, had cost £107.3m (including Grenfell aftermath response)
 
Peter Apps has written a piece about the implications of yesterday's Met press briefing about their Grenfell investigations. It's on his substack. It's not paywalled (at the moment). However it contains links to some Inside Housing stories. These also don't appear to be paywalled (at the moment) but themselves contain links to others which are. Here is a copy of the article with working links. It should be possible to follow the chain of links if people wish to.

Grenfell - Justice Delayed (part two)

Worth reading IMO. Apps assessment of how far there is to go before we see any trials seems depressingly realistic.

The Inquiries phase two report is currently due late summer or early autumn.

The first phase report was more than 800 pages across four volumes and this report has at least ten times as much ground to cover. It will be more of a library than a report. But when it does land the police investigators say they will be obliged to read it “line by line” and compare it to each of their 20 early stage reports, updating, changing and amending as necessary.

Why? Because any major discrepancies between the reports conclusions and the evidence justifying them, the evidence about the police investigations and the case presented in court by the prosecution will be seized upon by defence counsel.

This (...) will take at least 12 to 18 months (...). So at best (...) to roughly the end of 2025 before the police can provide charging files to the Crown Prosecution Service (...) [T]hen the CPS will need at least a year to make their decisions on what charges to bring. [Taking us to] the start of 2027, close to a decade on from the fire. (...) [F]or a simple major crime investigation, there is a six-month lag between a charging decision and a crown court trial. Where a case is complex and involves multiple defendants (and they don’t come much more complex than this) the wait can be substantially longer. So the trials will not start until well into 2027, possibly 2028. (...) with so many defendants potentially charged with so many distinct but overlapping crimes, it is hard to imagine a quick process. A series of grouped or interlinked trials seems much more likely.
Factor in the spectre of hung juries, retrials and appeals and the timeline disappears off into the future—too uncertain to even bother predicting. I was 29 when Grenfell happened. I could well be into my 50s by the time I file my last report on the criminal process.

Being in my seventies the chances of my being alive at the end of such a period seem slim to non-existent.

So should the Police investigation have gone first? How would that work?

As Apps points out the Inquiry has turned up far more about the complex of interlinked systemic failures lying behind the multiple potential criminal offences than the Police ever could have. In some cases it has exposed potentially criminal activity which was not visible at all in the immediate aftermath of the fire.

More to the point 'Police investigation first' was what happened after the Lakanal fire in 2009. The fact that there was a Police investigation was used by the Department of Communities and Local Government to shut down the Building Research Establishment's investigation into the fire and avoid making any changes to Building Regulations Guidance. The BRE were subsequently employed by the Police to assist in their investigation, but their findings were never published and the Police investigation did not lead to any prosecutions.

Perhaps with the possibility of a Labour Government things might be different in future? Well only if was different to the Labour Government which was in power at the time of the Lakanal fire and set the priorities which the DCLG were applying. Personally I'd never completely rule out the possibility that pigs might fly but then I also have no especial desire to be shat on from a great height.

Apps concludes:
But none of that takes away from the fact that this has taken far, far too long. It is a failure of our criminal justice system that it is this hard to investigate crimes when the perpetrators are corporations or powerful white collar individuals. We need this to change. We need new offences and new criminal investigation teams set up to take down the kind of behaviour which gave us Grenfell in a reasonable time frame. This degree of delay is—in the words of the Grenfell United group of bereaved and survivors—simply unbearable. We should not keep asking the victims of avoidable disasters to live through it.
 
The reason for yesterday's Met Police press briefing becomes clear as the Inquiry issued an important update this afternoon:

Publication of the Phase 2 Report
The Inquiry has written to core participants to inform them that the Phase 2 report will be published on Wednesday 4 September 2024. Further information about the arrangements for publication will be published in due course.
In accordance with rule 17 of the Inquiry Rules 2006, core participants will be provided with copies of the report on Tuesday 3 September 2024 under embargo.

Grenfell United issued a statement on x-twitter

Grenfell United respond to the announcement of the publication date of the Grenfell Inquiry's Phase 2 report

Grenfell United @GrenfellUnited
As much as the General Election overshadowed yesterdays Grenfell news, and may well do today, please take a moment to note another important, yet much delayed milestone in our fight for Justice that has just been published Publication of the Phase 2 Report | Grenfell Tower Inquiry

On the Grenfell Tower Public Inquiry’s announcement of the publication date of the Phase two report, Grenfell United, bereaved families and survivors group said:

“We said 10 years until justice only yesterday, and today's update has confirmed that. We now have a long awaited date for publication and wait in anticipation of the findings.

“When the report is finally released, we need to know that Sir Martin Moore-Bick’s recommendations will be implemented by the new government in power. Nearly 5 years since the publication of the first report, the Tory Government has failed to implement four of the phase one recommendations.

“That is why we are calling for a National Oversight Mechanism; an independent public body responsible for collating, analysing and following-up on recommendations from inquiries into state-related deaths.

“Hundreds of vital recommendations are made following inquiries and millions of pounds are spent, but what is the point if there is no system in place to make sure changes are made? If Government implemented the recommendations following the Lakanal House Fire in 2009, our experience on the 14th June could have been very different.

“The Public Inquiry phase two report will hopefully give us the truth we deserve, but it needs to bring the change we so desperately need to see. This change is the legacy for our loved ones. And to ensure no one suffers like us”

3:42 PM - May 23, 2024


Inside Housing story
Grenfell Tower Inquiry final report to be published on 4 September (archived)
 
Seven years ago today, the Grenfell Tower fire killed 72 people. Two hundred and ninety seven people, mostly residents but also some visitors, were in the tower when the fire started about 12.50am. Sixty-seven people died inside the tower of the effects of smoke inhalation. The first of them in the lobby on the 10th floor about 1.30am. The last of them about three hours later. Three people died falling from the tower. One person and an unborn child died in hospital after leaving it. The last survivor left the building at 8.07am. The fire only burnt out seventeen hours later.

Peter Apps has written an article on his substack - it's not paywalled. Seven Years On

It concludes:
Think back seven years. Not to the day of the fire, but the day after. The sick feeling you had looking at the news. The cold, clammy feelings that came with wondering what people had suffered in those last hours, wondering what it might have been like for you.

And now imagine telling that yourself back then that so little would have changed. What would that you from 2017 have felt hearing this? Disbelief? Anger? Or a grim, weary cynicism? Any answer should tell you a lot about the sort of society you live in.

I hate the week of the anniversary. I hate saying the same things I said last year, and the year before that, and the year before that. I hate the end of this remaining so far away - always on the horizon, never getting closer, another year ticked off with so little to show in terms of progress towards justice and change.
And if this is how I feel, as a journalist with no pre-existing personal ties to Grenfell and no trauma from the night of the fire, I can’t even begin to imagine how horrible this week feels for someone who lost their home, their parents, their children to this utterly avoidable disaster.

The Grenfell Tower community is gathering on Friday in west London to mark the anniversary and to repeat their calls for justice and change.

If you feel like more should have been done in the years that have passed to make sure their suffering is not replicated elsewhere, join them.

Grenfell United ''Today we remember the 72 men, women and children taken from us at Grenfell Tower 7 years ago. With time, those responsible hope we will all forget. Join us this evening at the Notting Hill Methodist Church at 6pm to show them we won’t''
 
Revealed: the cladding bosses who’ve made millions since Grenfell - Sunday Times (archived)

Ten individuals have banked more than £300 million since their products fuelled the Grenfell fire, but their companies have paid almost nothing towards the cost of Britain’s cladding scandal.
Bosses of Arconic, Kingspan and Saint-Gobain — which manufactured parts of the west London tower’s lethal flammable cladding system — have received a total of £302.3 million since 72 people died in the disaster seven years ago. (...)
In contrast, Kingspan has paid only £752,000 to strip its products from flats across Britain. The group posted record profits of €877 million (£763 million) last year. Kingspan’s spending to fix dangerous buildings in the seven years since Grenfell is less than 0.1 per cent of that. (...)
The manufacturers Arconic and Saint-Gobain have recouped almost all their Grenfell legal spending from insurers, including their part of the £150 million civil settlement, according to their accounts.
 
Today the Inquiry confirmed arrangements for the publication of its Phase Two report on September 3rd.

It will be online at their website from 11.00am. The Inquiry Panel will make a brief statement at the same time which will be live streamed on the Inquiry's YouTube channel.

Peter Apps has written the first of three previews of the multiple issues the report will be dealing with. It's on his substack here. It links to a number of previous stories on the Inside Housing website. Those links all seem to work (at the moment) but the Inside Housing pages link in turn to other pages which are paywalled.

Here's an archived version of Apps' article. The chains of links from it should all be working if people wish to follow them.
 
Awful fire at a block in Dagenham this morning :( The building had scaffolding up and is reported to have also been in the process of having non-compliant cladding removed. No confirmation yet on any casualties.

 
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This building in Dagenham was converted from offices to mixed residential and commercial uses around 2015. According to the (former?) managing agents, Block Management UK

The Spectrum Building has extremely good views north and south and began life as the offices of the Dupont company when it was built in 1974. The property was converted to accommodate 60 individual residential apartments with a communal roof terrace affording panoramic views towards the city and surrounding areas. It has eight storeys with one passenger lift, a combination of residential units and two commercial units (a gym and a nursery). There are 55 car parking spaces.

As part of the conversion to it's current uses two additional floors were added.

Ownership seems to have changed at the start of 2020. In 2022 the Spectrum Residents Association submitted evidence during the passage of the Building Safety Bill through parliament.
1. Spectrum Building is a private block of 60 flats and two commercial properties in outer London. It is a new build (approx. seven years old). The current freeholder (Arinium Ltd) took over the freehold in January 2020. The freeholder has no association with the developer (Chadwell properties). The building is over 18m. Approximately one third of the flats are owned by live in leaseholders, with the rest occupied on a buy-to-let basis.
2. There was an EWS1 survey completed in September 2020. The EWS1 survey shows that the building did not fully comply with building regulations at the time of build. There is a myth, perpetuated by the building industry, that they are also innocent parties because they met regulations at the time of build. Our building is one of thousands that demonstrate this is untrue. Building control was signed off by JHAI Ltd. As NHBC did not sign off building control they do not accept any liability.

Planning permission was granted last year to put right some external issues
Remedial work to external cladding to the fifth and sixth floors comprising of the removal of existing non-compliant cladding and replacing with compliant cladding, and the removal of all window solid spandrel panels and balcony privacy screens and replacing with compliant solid panels

The fifth and sixth floors were the ones added during the building conversion. So non-compliant cladding and window panels and balcony screens had been installed when it was converted. Obviously we don't know what caused the fire or allowed it to spread to affect the whole building.
 
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