Lancashire Fire and Rescue Service prosecutes ‘Person in Control’

On 1 December 2020, fire safety officers inspected the Morvern Care Centre, located at 11-13 South Promenade in Thornton-Cleveleys. Due to the seriousness of the fire safety breaches identified within the premises, the resulting outcome was the issuing of a Prohibition Notice on the premises.

At the time of the inspection, the care home was occupied by forty-five elderly and vulnerable residents, in addition to the staff employed by the business.  Over the following two weeks as a resulting factor of the Prohibition Notice, a co-ordinated multi-agency approach was taken to relocate the residents into other available care facilities. This was due to the fire safety concerns of the residents remaining within the Morvern Care Centre.

These fire safety breaches posed a serious threat to the life and safety of all residents and staff of the care home. As a result, Lancashire Fire and Rescue Service prosecuted Rajest Kumar Chechani for his failure to comply with the Regulatory Reform (Fire Safety) Order 2005. Chechani pleaded guilty on 16 June this year.

The two offences to which Chechani pleaded guilty are: 

*failure to ensure the premises had adequate general fire precautions, pursuant to Article 8(1)(b) of the Fire Safety Order

*failure to make a suitable and sufficient fire risk assessment for the premises, pursuant to Article 9(1) of the Fire Safety Order

Details of the sentence

On 26 September, sentencing took place at Preston Crown Court, where Chechani received the following sanctions:

*a three-month sentence, suspended for 12 months

*a fine of £10,000 and a victim surcharge to be decided for failure to comply with the above articles of the Fire Safety Order

Chechani was also ordered to pay £33,000 in costs to Lancashire Fire and Rescue Service.

Ian Armistead, Group manager for the Protection Department at Lancashire Fire and Rescue Service, explained: “Lancashire Fire and Rescue Service will always work with those willing to address fire safety issues. Businesses can be assured that we will continue to support them in complying with the Fire Safety Order. Prohibition Notices for any premises are always a difficult decision and we do not instigate this unless it’s deemed absolutely necessary and we feel the fire safety risk posed to those that occupy the premises is too great for them to remain at the location.”

Armistead continued: “Chechani had a legal responsibility to keep his staff and residents safe, which he failed to do, and this has been evidenced by his sentencing. This case should also send a strong message to others with fire safety responsibilities that they cannot neglect their legal duties.”

In conclusion, Armistead stated: “We would urge all ‘Responsible Persons’ and those with legal duties who need to take action to comply with fire safety regulations to visit the Business Safety section of our website at www.lancsfirerescue.org.uk, which contains guidance and free support.”