Lurdan
old wave
Peter Apps has been analysing parts of the Inquiry report in articles on his substack. Catching up with the last couple of weeks here's the first of them.
The Grenfell Tower Inquiry report: what it said about the social housing providers. It links to a number of previous stories on the Inside Housing website. Most of those links seem to work (at the moment) but the Inside Housing pages link in turn to other pages which are paywalled.
As before here is an archived version of Apps' article. The chains of links from it should all be working if people wish to follow them.
He goes through some of the report's criticisms of Kensington & Chelsea and the so-called TMO. Among other things he highlights the issue of door closers. Despite a Borough-wide enforcement notice having been served over the issue by the Fire Brigade, as well as a specific deficiency notice in respect of Grenfell Tower, the Council decided not to fund the necessary work.
He also discusses the question of criminal prosecutions:
The Grenfell Tower Inquiry report: what it said about the social housing providers. It links to a number of previous stories on the Inside Housing website. Most of those links seem to work (at the moment) but the Inside Housing pages link in turn to other pages which are paywalled.
As before here is an archived version of Apps' article. The chains of links from it should all be working if people wish to follow them.
He goes through some of the report's criticisms of Kensington & Chelsea and the so-called TMO. Among other things he highlights the issue of door closers. Despite a Borough-wide enforcement notice having been served over the issue by the Fire Brigade, as well as a specific deficiency notice in respect of Grenfell Tower, the Council decided not to fund the necessary work.
Those who know the story of the night at Grenfell Tower will be aware that the missing self-closing devices on flat entrance doors were a key part of it. Doors standing open early in the fire allowed the rapid spread of smoke to lobbies, which meant many residents never had the chance to escape into a smoke-free environment. (...) On the night of the fire 77 of 120 doors in the tower didn’t have self-closers, and the residents of the tower paid the ultimate price. (...)
The major failure of the door closers is - in my view - a pivotal part of this story and it’s something that the wider discussion around Grenfell fails to properly appreciate. We already knew the degree of missed warnings from the oral evidence, but this report paints a shameful picture. It was a truly staggering failure given the many opportunities presented to put it right, and blame is rightly attached to all those involved: manufacturers Manse Masterdor, KCTMO management, Carl Stokes and RBKC.
He also discusses the question of criminal prosecutions:
I’m regularly asked about the potential for criminal prosecutions. I need to be careful about how I phrase this, for obvious reasons, so to be clear: being criticised in the report is not the same as criminal liability. Just because the panel has found wrongdoing, doesn’t mean a jury would. The standards of proof for an inquiry and a criminal trial are different and no one has been charged yet. They deserve the opportunity to argue their innocence if they are, so no one should be prejudged as guilty based on what is in the report.
Nonetheless, it is worth explaining the sort of offences under consideration for the Grenfell fire, and how they might relate here.
The police have said they are pursuing investigations into fraud and misconduct in a public office, as well as the more serious offences of manslaughter and the more basic breaches of fire safety rules or health and safety law. All could potentially be engaged by some of the behaviour described above.
Fraud, for example, requires someone to dishonestly make a false representation in order to gain for themselves. Lying on a job application can amount to fraud.
As for misconduct in a public office, the TMO staff involved in this story would be very likely to be considered public officials, under the definition set out in this case. To obtain a conviction prosecutors would then need to show they had carried out wilful neglect, breach of duty or misconduct and prove to a jury that it was “serious”. All of these are subject to long and complex legal definitions, with many different precedents, which I’m simply not qualified to assess and apply to these facts. But that is the job for prosecutors and detectives in deciding whether or not it is worth bringing that charge.
And then there is manslaughter. Here prosecutors would need to show that there had been an unlawful act (such as a breach of the fire safety order) or gross negligence (a negligent act, where there was a duty of care, and one which fell far below normal standards and came with an obvious risk of death). They would then need to prove that these actions were a cause of the deaths. It appears to me that this last bit - causation - is going to be the trickiest, given the number of different factors which contributed to the deaths at Grenfell. But in regard to the self-closers on fire doors in particular, you would feel the question can at least be asked by investigators and prosecutors.