Plymouth director and fire risk assessor handed Community Orders

The sentencing follows a four-year investigation by the Devon and Somerset Fire and Rescue Service into fire safety failings at Latitude 52 in Albert Road, Plymouth. The sentencing took place at Plymouth Crown Court (pictured) on 22 June.

The failings were identified during a fire safety inspection carried out in 2021 as part of a programme of checks on high-rise residential buildings following the Grenfell Tower tragedy. Inspectors identified that the building also had a combustible external wall system.

During the inspection process, fire safety inspectors found a number of serious defects, including the removal of smoke control fans and unauthorised building works that created a risk of fire spreading within the building.

Smoke control fans located on the ground floor had been removed by Stephen Phillips to create space for the construction of a two-bedroom flat. The smoke control system was a critical fire safety measure designed to clear smoke from the central atrium in the event of a fire, enabling residents to evacuate safely. By removing the fans, Phillips placed residents at risk of death or serious injury.

Although the fans had been removed, vents, alarms and signage were left in place and a flat was constructed in areas where vital fire safety equipment had previously been located. This made the alterations more difficult to identify during routine fire safety inspections.

It was also established that, prior to their removal, the smoke control fans had not been subject to a suitable programme of maintenance, meaning that they could not be relied upon to operate effectively if required.

Further unauthorised alterations were made to flats owned by Phillips and to adjoining areas. The standard of fire-resisting construction was found to be inadequate, meaning that, in the event of a fire, flames and smoke could spread more easily and compromise one of the building’s escape staircases. The works required Building Control approval, which had not been obtained.

Resident management company

At the time of the offences, Phillips was a director of the Latitude 52 Management Company Limited, the resident management company established to oversee the building. He also owned several flats within the building and was the controlling mind of Lilian Owen Limited, the company that owns the premises.

Phillips admitted failing to have in place a suitable system of maintenance for a mechanical ventilation system, failing to maintain the integrity of emergency routes and failing to take general fire precautions. He was ordered to carry out 240 hours of unpaid work and pay £34,758.06 towards costs.

Following the discovery of the failings, Devon and Somerset Fire and Rescue Service worked in partnership with Plymouth City Council, which led on fire safety concerns within individual flats. The Fire and Rescue Service focused its investigation on the safety of the building’s communal areas.

As an immediate risk reduction measure, the Fire and Rescue Service served three Prohibition Notices, including restrictions on the use of the lower-ground car parks and two flats. Given the potential impact on hundreds of residents who would otherwise have required emergency rehousing, the Fire and Rescue Service agreed that the building could remain occupied subject to additional safeguards. These safeguards included the introduction of fire wardens and a Waking Watch while permanent safety measures were developed and installed.

During the investigation, it emerged that Phillips had sought approval to remove the smoke control fans from Charles Morgan who, at the time, was a fire risk assessor for UK Fire Consulting Limited. Morgan produced a fire risk assessment that recommended the smoke control system could be removed.

Colin Todd MBE (managing director of consultancy C. S. Todd & Associates), an expert witness acting for the prosecution, stated that Morgan’s report “had failed to properly appreciate the complex nature of the premises and the special fire safety measures needed”.

Charles Morgan pleaded guilty to an offence under Article 9 of the Regulatory Reform (Fire Safety) Order 2005 for failing to produce a suitable and sufficient assessment of the fire risks to which relevant persons were exposed. In mitigation, Morgan said he had been told by Phillips that the smoke control fans never worked and that he had planning permission and approval from the Fire and Rescue Service to remove the fans. He accepted that he could have done more to question Phillip’s word. Morgan was ordered to carry out 120 hours of unpaid work and pay £34,000 towards costs.  

The cost of removing the smoke control fans was actually passed on to residents through service charges.

Guilty plea

Latitude 52 Management Company Limited also pleaded guilty to two offences under the Fire Safety Order: failing to make appropriate fire safety arrangements and failing to ensure that a suitable system of maintenance was in place for the smoke control fans.

The company accepted that it should not have allowed Phillips to exercise the level of control over fire safety arrangements that he did. The company was fined £12,000 and ordered to pay £18,000 towards the costs.

Judge Mathew Turner said the removal of the mechanical ventilation system had been a “reckless act”.

Martin Sleigh, fire safety manager at Devon and Somerset Fire and Rescue Service, explained: “The safety of people who live in, work in and visit Devon and Somerset is our absolute priority. The alterations made at Latitude 52 created an unacceptable risk and could have led to catastrophic consequences had a fire occurred. This case should serve as a clear warning to anyone responsible for the management of fire safety in buildings that their duties must be taken seriously, particularly when changes or alterations are being made.”

Sleigh continued: “Fire risk assessors and other professionals must operate within their competence and base their recommendations on thorough, independent assessment. Where we identify serious failings or a negligent disregard for fire safety, we will not hesitate to investigate and instigate enforcement action.”

Since the discovery of the fire safety deficiencies, Devon and Somerset Fire and Rescue Service has continued to work in partnership with Plymouth City Council to secure improvements and ensure the safety of residents.  The building has now been fitted with new cladding. Works to replace the smoke control system and the installation of a sprinkler system are due to take place this year.