Newham Council wins landmark legal case over dangerous cladding

Newham Council pursued legal action using its powers under the Housing Act 2004 after Chaplair Ltd failed to remove dangerous cladding on the Lumiere building by the 31 March 2021 deadline that was imposed in an Improvement Notice issued by Newham Council in September 2020.  

Work eventually began in May 2021, with dangerous cladding removed by February 2022. Through its legal action, Newham Council successfully argued that there was no reasonable excuse for the delay.

The successful prosecution marks a major milestone for Newham Council’s Cladding Action campaign which puts pressure on building owners and responsible parties to act urgently to complete all fire safety works required, including the removal of all outstanding and unsafe ACM cladding in tower blocks, or otherwise face prosecution. It’s part of Newham Council’s agenda designed to protect the rights of residents living in the London Borough.

Zero tolerance

Rokhsana Fiaz OBE, the Mayor of Newham, explained: “Through our Cladding Action campaign to protect the rights of residents in our Borough, we have zero tolerance for owners of buildings delaying essential life-saving fire safety work. Failing to remove potentially dangerous cladding as quickly as possible places lives at risk. Where necessary, we will act with full force using the powers we have at our disposal to protect our residents.”

Fiaz continued: “Six years after the Grenfell Tower disaster, the decision taken by deputy chief magistrate Tan Ikram symbolises a landmark ruling in our fight to raise standards and hold building owners to account in Newham. It will also help authorities right across the country to safeguard the interests of their residents using the powers available under vital housing legislation.”

In conclusion, Fiaz noted: “This monumental ruling sends a clear warning to all building owners operating in Newham that they must always act swiftly in the interest of the Borough’s residents’ safety. If they don’t, we will take decisive action against them.”

Summation statement

In his ruling, deputy chief magistrate Tan Ikram wrote: “The prosecution has satisfied me so that I am sure that a valid Improvement Notice was served. The defendant company did not carry out the required remedial works relating to the external facades within the required period. The defendants have failed to satisfy me that they have reasonable excuse in failing to comply with the Improvement Notice. I therefore find Chaplair Ltd guilty of the offence.”

The case will be returned for sentencing on 31 October at 9.30 am at Westminster Magistrates’ Court.