Fire Safety (Case of Sophie Rosser)

Debate between Stephen Williams and Jonathan Evans

Tuesday 3rd March 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Communities and Local Government (Stephen Williams)]

I congratulate my hon. Friend the Member for Cardiff North (Jonathan Evans) on securing the debate on behalf of the family of his deceased constituent Sophie Rosser, and on the clear way in which he put forward his views.

My hon. Friend said at the outset that he would talk about the generalities of fire safety, because an investigation by the London Fire and Emergency Planning Authority remains ongoing, and I will have to respond in kind by dealing with the building regulations and other requirements in force. I cannot comment specifically on the sad case that has led to our discussion this morning.

Never has the clear fire safety advice to get out, stay out and call 999 rung so true as in that case. Yet we must accept that with the best will in the world there is always the risk that individuals will not heed the advice. They will not always put their own safety above their concern for others. In Sophie’s case, she simply wanted to ensure that her fiancé was safe. I am sure that we can all understand that primary instinct to protect those whom we love, even, on occasion, in the extreme circumstances that faced Sophie on that tragic night.

The Government’s long-standing and well recognised Fire Kills campaign, which is run in partnership with the fire and rescue authorities, works hard each year to provide the public with advice and information on how best to protect themselves and their family and friends from the risk of fire in the home through sensible safety precautions. We believe firmly that fire prevention is always better than cure.

Fire Kills provides regular fire prevention advice and reminders to householders, irrespective of tenure. Advice given includes: to install smoke alarms on every level of the home and to test them regularly to ensure that they are working; to carry out a bedtime check, including shutting doors; never to smoke in bed and to ensure that cigarettes are put out properly; never to leave cooking or candles unattended; and to check electrical equipment and never use faulty products or appliances.

The campaign also provides clear advice on what action to take should householders be unfortunate enough to experience a fire in their home. They and their family should use a planned and practised escape route and, to repeat the exhortation, they should get out, stay out and call 999. Thankfully, in most cases such messages, repeated regularly through a variety of channels, have proved highly effective. Householders are increasingly safe from the risk of fire in the home and its tragic consequences: over the past decade the number of fire incidents has fallen by 64%, and the number of deaths in the home by 36%.

Of course, we can never be complacent. I understand why my hon. Friend has brought forward this debate. We must always be vigilant to make sure that advice, guidance and requirements are up to date. It is obviously right, especially given the distressing circumstances, that we expect that someone should be held to account for any fire safety failings that may have led to Sophie’s death or exposed other residents to an unacceptable level of risk. Fire and its causes, however, are always complex issues. Investigating what went wrong in a particular circumstance is of necessity a time-consuming and detailed process. It is vital that such work is done, both to ensure that lessons are learned, so that we prevent similar tragedies, and, crucially, to ensure that those responsible for any fire safety failures or shortcomings identified in an investigation are held to account.

There can be no doubt that in the case of residential blocks of flats there is robust legislation in place to ensure that landlords, freeholders and others who exercise a degree of control over the management or maintenance of a building take action to remove the risk of fire or reduce it to the lowest level that is reasonable. The principal means of regulation and control for residential properties, including those in blocks of flats, is the Housing Act 2004. Owners—whether landlords or freeholders—and housing authorities are responsible for ensuring the safety of the whole building; under the housing health and safety rating system, that includes fire safety. Local housing authorities have a clear responsibility to keep the condition of all housing in their area under review, and to take action to ensure that hazards to residents—whether in their flats or in the communal parts of a building—are removed or reduced to an acceptable level.

Under the Regulatory Reform (Fire Safety) Order 2005, all those responsible for workplaces and buildings to which the public have access are required to assess the risk from fire and to ensure appropriate fire precautions are in place and maintained in good working order. For new buildings, the building regulations in force at the time of construction dictate the range of fire safety measures that need to be installed and managed to afford an acceptable level of life safety in the event of a fire. For blocks of flats, the regulations require that walls, ceiling and doors be built of fire-resisting construction materials that ensure that, in most cases, a fire should not spread from the room in which it has started.

Following the Lakanal house fire, to which my hon. Friend referred, the coroner called on the Government to simplify the guidance in approved document B of the building regulations. My Department’s Secretary of State committed to a review, which will deliver a revised document in 2016-17; the intention is to simplify the guidance where possible and update and revise the technical content at the same time. My hon. Friend mentioned sprinklers. They are recognised as a highly effective fire protection measure. It is too early to say how they will fit into the revised approved document, but he should rest assured that the potential benefits will not be ignored.

[Jonathan Evans]

My hon. Friend is rightly setting out the legislative framework. Will he think for a moment about the disconnect between the structure of the legislation and what surveys tell us about whether the legislation is actually having an effect? I was astonished by the statistics I have shared with hon. Members today. Is he similarly concerned?

[Stephen Williams]

I was indeed disturbed by the survey findings to which my hon. Friend referred. When I was being briefed for the debate this morning, the requirement that doors to flats be fitted with self-closing devices was made clear to me. He mentioned that quite often those devices are disconnected or the doors are propped open; although it is dangerous to rely on personal observation or anecdote when debating or making policy—policy should be evidence-based—I have seen cases of that myself. That reinforces the need to re-emphasise the Fire Kills campaign every year. We normally do so as a Department when the clocks change; of course, that will be happening very soon, so perhaps he and I can do our level best to circulate that fire safety information to our constituents—they will still be our constituents when the clocks go forward—in Cardiff North and Bristol West.

As we were just discussing, the front door of a flat is clearly critical to the safety of the communal parts, as it will protect the escape route from filling with smoke should there be a fire in a flat. The building regulations require fire-resisting doors to be fitted with self-closing devices, as I have mentioned.

The Government fully support the British Woodworking Federation’s annual campaign to raise public awareness of the importance of fire doors. The campaign draws attention to issues of poor installation and maintenance, and encourages building owners and users to check their self-closing doors and, where necessary, take action so that those that are not satisfactory can be brought back into good working order. The Minister with responsibility for fire, my hon. Friend the Member for Portsmouth North (Penny Mordaunt), was pleased to add her voice in support of the federation’s efforts to encourage owners and occupiers to check that their fire doors are in good working order. That campaign should go some way to press home the message that the maintenance of fire precautions is a duty that should not be ignored.

I have heard concerns about the overlap between the provisions on residential buildings in the Housing Act and in the fire safety order, but the principle of safety lies at the heart of both. I am pleased to note that in 2011 the Government provided the Local Government Association with the funding it needed to bring together housing providers, including the National Landlords Association, and housing and fire enforcing authorities to develop specific detailed guidance to help those with fire safety responsibilities in blocks of flats ensure the safety of residents and comply with their regulatory requirements. That guidance discusses at length the importance of maintaining fire doors and offers advice on how that can be done. The LGA reviewed it in 2013 and concluded that it remains fit for purpose, although I am sure hon. Members would acknowledge that guidance is all very well; the issue here is the observance of such guidance.

In residential buildings, where there is no employer, regulatory fire safety responsibilities may be divided between the building owner and other organisations such as a resident management company or a managing agent with day-to-day management and maintenance responsibilities. The enforcing authorities—in the case outlined by my hon. Friend, the London Fire and Emergency Planning Authority and the local borough, Tower Hamlets—must be given sufficient time to investigate and unpick the extent of responsibilities to determine whether and against whom any further action should be taken. We will study the results of the investigation carefully. Under the fire safety order, the enforcing authorities have wide powers to take action against the full range of organisations whose actions or failures may have contributed to compliance failures. Let us be under no illusion: investigating is, by necessity, a complex and time-consuming process.

My hon. Friend has outlined a tragic case that illustrates the need for constant vigilance in this area. Whether Ministers or Back Benchers, it is our duty constantly to remind our constituents that guidance and regulation is there. We believe that it is fit for purpose, but if it is not followed, tragic consequences can result. Sadly, the tragedy he has outlined may have been the result of such a failure to follow guidance and regulations. We will have to wait for the results of the investigation and learn any lessons that can be learned when the investigation is complete.