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Managing Partner, Blackhurst Budd

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Warren Spencer is Managing Partner of Blackhurst Budd LLP. He currently prosecutes for Lancashire, Greater Manchester, Cumbria, Cheshire, Merseyside, Hereford, and Worcester Fire and Rescue Services and is among the most experienced solicitors in fire safety in the UK, having acted in more than 100 cases involving the Regulatory Reform (Fire Safety) Order.
July 19, 2013

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100 Fire Prosecutions Analysed

My blog now reads that I have reached a century of prosecutions under the RRO. I thought it would be interesting to mine the data attached to those first 100 cases.

Unfortunately, I was involved with only a handful of cases under the Fire Precautions Act, so I am not in a position to make comparisons with prosecutions under the previous legislation. Nevertheless, a survey of the cases provides some useful information and certainly provides a reasonable overview of the types of prosecutions brought and how the courts have dealt with them.

The first completed case was sentenced in May 2007, so the survey covers just more than six years. (The Order came into force on 1 October, 2006.) I have included only the first 100 prosecutions in the North West, covering Lancashire, Greater Manchester, Merseyside and Cumbria, and Cheshire.

Almost always guilty
For me, the most interesting fact is that I have conducted only three trials out of 100 cases. This means that only three defendants have pleaded not guilty to the charges brought. All three were found guilty.

I would point out that five cases were withdrawn by the prosecuting authority prior to trial, but in two of those cases, guilty pleas had already been entered by another defendant in respect to the same premises. One case was withdrawn because the defendant company had changed its name and been wound up. Another withdrawn case involved alleged offences on the weekend of 30 September, 2006, the day before the order came into force. We couldn’t prove that relevant persons were affected on 1 October, 2006.

In two cases, the defendants disappeared. There are warrants without bail awaiting those defendants.

Well-prepared prosecutions
Accordingly, 92 percent of the defendants pleaded guilty to the charges brought against them. I strongly believe that the guilty pleas resulted from well-prepared prosecution files backed with substantial evidence against the defendants. What must be remembered here is that firemen are neither lawyers nor policeman.

Whilst many fire safety officers receive some legal training, prior to 2006, there was very little training provided in areas such as investigation and interviewing techniques, evidence, and legal procedure. Thus, the fire services and their fire safety officers should take full credit for satisfying the court and defence solicitors that the defendants were guilty beyond reasonable doubt through detailed and thorough case preparation.

Significantly, 28 percent of the cases involved houses in multiple occupation, and another 21 percent involved premises containing multiple occupation, including living accommodation. Accordingly, almost half the prosecutions have involved some form of domestic premises.

This is interesting, given the legal uncertainty surrounding the extent and application of the RRO to HMOs. My experience has been that county councils would much rather leave such breaches to the relevant fire service, rather than using their powers under the Housing Act.

The breakdown of the types of premises involved are as follows.

Charge types
The types of charges brought against defendants have also varied, but in 85 percent of the cases, the charges included an alleged breach involving fire risk assessments. Approximately 60 percent of cases involved the lack of a fire alarm or working fire alarm, and the next most common charge was a lack of appropriate fire doors.

The sentences handed out have also varied, with fines being the main punishment. (Magistrates’ sentencing powers are limited to fines.) However, there have been six sentences of imprisonment — four suspended sentences and two immediate custodial sentences. Courts have used Community Orders, such as Curfew Orders and unpaid work. The total handed out in fines is GB pound 427,400, and the total costs ordered is GB pound 266,339, only a small proportion of which went to my company. The majority went to the fire services for work carried out in case preparation. This, of course, works out to an average fine of approximately GB pound 4,274 per case and average costs of GB pound 2,663.

What has to be remembered here is that individuals can be fined only according to their means. Companies are usually fined in proportion to their profits. On that basis, the data supports the view that the majority of prosecutions have been brought against small and midsized businesses or landlords.

Is this what was envisaged when the Order was drafted?

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Warren Spencer
Warren Spencer
July 19, 2013 5:51 am

I will be happy to answer any appropriate questions in relation to the Prosecutions.

BSG 2013
BSG 2013
July 21, 2013 6:24 am
Reply to  Warren Spencer

Although your post states fines are based on means what about regional differences to the size of fines. Also your stats about the amount of prosecutions on domestic premises is very interesting . I assume these figures are just the prosecutions you have done and how do figures compare with all prosecutions under the order.

Warren Spencer
Warren Spencer
July 21, 2013 9:30 am
Reply to  BSG 2013

There are no notable differences on a regional basis, but I have only covered the North West. They are indeed just my prosecutions and I am not aware of any National data regarding cases under the Order. If any anyone could point me in the right direction?

Rob Ratcliff
Rob Ratcliff
July 22, 2013 6:31 am
Reply to  BSG 2013

As far as I’m aware there isn’t any national data available, which makes this snapshot all the more interesting.

batye
batye
July 22, 2013 9:59 pm
Reply to  Rob Ratcliff

yes, very interesting as in Canada we do not have this data research… available… or it hidden…

Mister Littlebit
Mister Littlebit
July 25, 2013 6:06 am
Reply to  Rob Ratcliff

It does make interesting reading Rob, the nearest to this I guess is the Chief Fire Officers website which has a register of enforcements but that is just enforcement notices and the like, I don’t think it shows prosecutions.

Steve Skarratt
Steve Skarratt
July 25, 2013 6:40 am
Reply to  Warren Spencer

Hi
 Would it be possible to find out specifically what the prosecutions related to?  I am interested in any trends/commonalities for particular types of premises/industry.
If this involves too much work, if it is possible to have the bulk info I am happy to do the sorting and collation myself.
Kind regards
Steve Skarratt
Curriculum Manager
Fire Protection Association.

Warren Spencer
Warren Spencer
July 25, 2013 6:50 am
Reply to  Steve Skarratt

I do have a spreadsheet with all cases on it but it doesn’t contain the detailed charges in each case?

Steve Skarratt
Steve Skarratt
July 25, 2013 7:16 am
Reply to  Warren Spencer

Thanks Warren Not to worry.  I just wondered if there were particular breaches that cropped up more in one sort of industry. It’s about time (IMHO) that there was a national analysis of this area. I work occasionally with a solicitor who worked on the O’Rourke case and I know he also said there was no national database of cases easily accessible. This sort of information is invaluable for us, both as an organisation in terms of “spreading the word” but also from a training perspective – we endeavour to educate those who need it and it is useful to… Read more »

Warren Spencer
Warren Spencer
July 25, 2013 7:25 am
Reply to  Steve Skarratt

‘I just wondered if there were particular breaches that cropped up more in one sort of industry’
 
This is an interesting question. If there is sufficient interest I could look in to it?

Warren Spencer
Warren Spencer
July 25, 2013 7:33 am
Reply to  Steve Skarratt

I have no objection to you using any of the information in the article. As the article was written for Ifsec Global – I asked them if they had any objection and this is their response:’In response to your question, no problem with the graph being re-used, and with the CPD seminars quoting the article. As they touch on, a mention of IFSEC Global, as well as of Blackhurst Budd and yourself would be great.’
So feel free! And thank you for asking for permission.
 

Rob Ratcliff
Rob Ratcliff
July 26, 2013 6:47 am
Reply to  Steve Skarratt

As Warren said, happy to have the FPA benefitting from the great content on IFSEC Global.com.
I wonder how easy (or otherwise) it would be to dig into the national crime statistics to get a national picture. Or would speaking to the fire services to get their statistics be a better way? I suspect it would be possible but it would involved a freedom of information request to every single England & Wales fire service, and then collating all that data into one format. A big job, certainly.

Andy Jack
Andy Jack
August 6, 2013 8:59 am
Reply to  Warren Spencer

Warren, I think the closest you’ll get with information on all the prosecutions is to look at table 15 of CLGs FRS Operation Stats bulletins (only cover from 2009 to 2012 at present. The table gives details of the fire safety returns covering enforcement (Enforcement, Prohibition and Alterations) as well as prosecution by premises type and article(s) of the RRFSO that were contravened.
https://www.gov.uk/government/organisations/department-for-communities-and-local-government/series/fire-and-rescue-authorities-operational-statistics
 

Warren Spencer
Warren Spencer
August 6, 2013 9:40 am
Reply to  Andy Jack

Thanks for this link Andy. This is interesting as it shows that the data is available albeit in limited form. It has persuaded me to log my data in similar terms from now on and to research the charges to which Guilty Pleas have been entered.
I presume that all Fire & Rescue Services (in England) have provided this data?
It also reflects my experience that HMO’s represent the majority of prosecutions.

Andy Jack
Andy Jack
August 6, 2013 10:11 am
Reply to  Warren Spencer

All FRA’s in England and Wales are expected to provide the data. It was originally designed to help CLG and local FRAs look at where contraventions were arising and what type – so they could look at targetted advertising, inspection and  risk targetting.
Something of a concern the number of HMOs – given that by rights they should be dealt with by local housing authorities (which would lighten the load for FRA enforcement colleages…). Roll on section 85 of LASPO 2012 coming into force -better teeth for housing colleagues. I gather the Government are “taking steps” to implement it.

Warren Spencer
Warren Spencer
August 6, 2013 10:18 am
Reply to  Andy Jack

My experience is that Local Housing Authorities have preferred to leave fire related enforcement to the FRS so far. I appreciate that the Housing Act only permits ‘Summary Only’ prosecutions, but they haven’t chosen (or had the resourses) to exercise those powers on many occasions in the North West.