Residential care company directors prosecuted by East Sussex Fire and Rescue Service

Thuraisamy Ravichandran (director and company secretary) and Radha Ravichandran (director) of Care Pro (South East) Limited pleaded guilty to all 12 offences at Brighton Magistrates’ Court in April. Sentencing was deferred to the District Magistrates’ Judge and held at Brighton Magistrates’ Court at 10.00 am on 9 July.

On 31 October 2022, East Sussex Fire and Rescue Service’s fire safety inspecting officers visited Park Apartments, located at 14 Egerton Road, Bexhill on Sea in East Sussex and identified the following four Article 32(1)(a) offences committed by the Ravichandrans under the Regulatory Reform (Fire Safety) Order 2005:

*failure to discharge their duties under Article 8 (Duty to take general fire precautions)

*failure to discharge their duties under Article 9m (Risk assessment)

*failure to discharge their duties under Article 13 (Firefighting and fire detection)

*failure to discharge their duties under Article 17 (Maintenance)

On 31 October 2022, East Sussex Fire and Rescue Service fire safety inspecting officers visited Eden Lodge, located 16 Egerton Road, Bexhill on Sea in East Sussex and identified the following two Article 32(1)(a) offences committed by the Ravichandrans:

*failure to discharge their duties under Article 8 (Duty to take general fire precautions)

*failure to discharge their duties under Article 13 (Firefighting and fire detection)

On 2 November 2022, East Sussex Fire and Rescue Service fire safety inspecting officers visited Park View at 25 Egerton Road, Bexhill on Sea in East Sussex and identified three Article 32(1)(a) offences committed by the Ravichandrans:

*failure to discharge their duties under Article 8 (Duty to take general fire precautions)

*failure to discharge their duties under Article 9 (Risk assessment)

*failure to discharge their duties under Article 13 (Firefighting and fire detection)

On 3 November 2022, East Sussex Fire and Rescue Service fire safety inspecting officers visited Beau Lodge, located at 7 Jameson Road, Bexhill on Sea in East Sussex and identified the following three Article 32(1)(a) offences committed by the Ravichandrans:

*failure to discharge their duties under Article 8 (Duty to take general fire precautions)

*failure to discharge their duties under Article 9 (Risk assessment)

*failure to discharge their duties under Article 13 (Firefighting and fire detection)

Raising the level of harm

When considering the prosecution sentencing guidelines, District Judge Szagun upheld culpability to be high and the level of harm to be medium. In her summation, the Judge explained that the number of vulnerable residents placed at risk due to the defective fire doors and lack of detection and alarms raised the level of harm a higher level.

The Judge added that the owners should have taken the time to understand published regulations and guidance when providing this type of service.

The defendants were fined £27,500 (per offence) for four of the offences, with guilty charges upheld for the remaining offences, but no separate penalty awarded. This resulted in a £110,000 fine, a £2,000 victim surcharge and £12,455 for times and costs.

Area manager George O’Reilly (head of fire safety for the East Sussex Fire and Rescue Service) stated: “I would like to thank the court for its time and deliberations in this matter as well as my legal team and staff for their efforts in bringing this case to a successful conclusion.”

O’Reilly continued: “The East Sussex Fire and Rescue Service is legally mandated to enforce the requirements of the Regulatory Reform (Fire Safety) Order 2005. We take this responsibility very seriously indeed and will not hesitate to progress legal action against anyone responsible for placing people at risk of death or injury from fire due to their failures to meet the requirements of this legislation.”

Craig Williams, Group protection legislation and enforcement manager, went on to comment: “The Fire and Rescue Service considers this one of the most serious cases we have ever prosecuted due to a number of offences found in various premises operated by the company. The fine handed down by the court reflects the serious nature of the offences. Owners and those responsible for any premises where the Fire and Rescue Service finds fire safety contraventions are reminded of the potential consequences, including unlimited fines and the possibility of custodial sentences.”

Fire risk assessments

Legislative changes to the Regulatory Reform (Fire Safety) Order 2005 brought about through the Building Safety Act 2022 require all ‘Responsible Persons’ to carry out and record a fire risk assessment that considers the risks from fire to all persons legally on – or in the vicinity of – a given premises.

The requirements apply to all non-domestic premises, such as where those where individuals work, visit or stay and encompass workplaces as well as the non-domestic parts of multi-occupied residential buildings (eg communal corridors, stairways and plant rooms).