Housing provider fined £100,000-plus due to fire safety breaches

In addition to the £100,000 fine, the company has been ordered to pay £15,000 in costs following the discovery of fire safety breaches at a property in Barrow-in-Furness, where a tenant suffered life-threatening injuries in a fire that occurred on 1 June 2023.

Copperplane Ltd, the owner of the premises, has been fined £10,000 and ordered to pay £5,000 in costs for failing to maintain the fire alarm and emergency lighting systems at the building.

Fire safety failings identified

Warren Spencer (managing director of Blackhurst Budd Solicitors), who prosecuted the case on behalf of the Cumbria Fire and Rescue Service, told South Cumbria Magistrates’ Court that an inspection by the Fire and Rescue Service following the fire identified numerous fire safety breaches at the premises.

The doors to the flats did not provide 30 minutes’ worth of fire resistance and lacked self-closing devices, intumescent strips and smoke seals. In addition, they were fitted with two hinges rather than the required three.

There were no records demonstrating that the fire alarm and emergency lighting systems had been adequately maintained. Combustible wall cladding lined the hallway, which served as the main escape route, and there were no fire extinguishers present in the communal areas. The electrical intake units on the main escape route were not enclosed in fire-resistant material.

Spencer informed South Cumbria Magistrates’ Court that a suitable and sufficient fire risk assessment would have alerted both the housing company and the landlord to deficiencies in the building’s fire precautions, but neither defendant had assessed the risks despite the premises being used to accommodate vulnerable residents.

Serious injuries, lasting consequences

In the wake of the fire, two men were airlifted to hospital with serious injuries, while a third male was taken to Furness General Hospital to be treated for smoke inhalation.

Tenant Tony Shaw suffered burns to 39% of his face and body. Spencer told South Cumbria Magistrates’ Court that Shaw spent several weeks in intensive care on a ventilator and developed a number of infections. In fact, he remained in hospital for six months.

Shaw sustained significant permanent scarring including burns to his hands and arms. He now requires assistance from carers at home and has described the impact of the fire on his life as “devastating”.

Another visitor to the premises at the time of the fire was also airlifted to hospital with injuries.

Defending My Space Housing Solutions Ltd, Iain Simpkin KC told South Cumbria Magistrates’ Court that there had been a wholesale change in the management of the business since 2023. That change has led to a host of improvements, which will serve to best protect residents and others against any incident similar to the event that transpired.

Systemic failure

District Judge John McGarva said the breaches had exposed two tenants and their guests to significant risk. He described the management of the premises as falling far below the standard expected in the industry, which represented a systemic failure.

While acknowledging the important public service My Space Housing Solutions Ltd provided in helping to house homeless people, the Judge emphasised that fire safety breaches had very real consequences.

The Judge also said that Copperplane Ltd could not simply rely on assurances from My Space Housing Solutions Ltd: the landlord had failed to check for itself whether the premises complied with fire safety requirements.

*Further information is available online at www.firesafetylaw.co.uk