FOCUS
Current affairs Clearly companies cannot be sent
to prison, they can only be fined. This protects the fire safety decision makers within organisations who abrogate accountability when non compliance is found. Government backed PFI (private finance initiative) schemes are a prime example of this scenario in which schools or hospitals have been built by large corporate entities, with the management of those premises being hived off to subsidiary companies, and then leased to premises users or employers who are ultimately responsible for the safety of relevant persons. This leads to a three way division of
responsibility where each party asserts that the other holds the relevant liability to ensure compliance. The humble fire safety officer is then handed a lease and a management contract that are hundreds of pages long, and is told by city lawyers how they should be interpreted.
Constant battle
The FSO does not apply to domestic premises, but does apply to the common parts of shared accommodation. Thus there is a constant battle for the fire safety officer to referee when deciding who should take responsibility for the all important flat door, which is part of the domestic premises, but which leads onto the means of escape. This causes unnecessary confusion, both in terms of acceptance of
culpability and for enforcement where non compliance is an issue. Clarification has been needed since the outset. Sentencing powers are insufficient when
prosecutions are taken. Prosecutions involving allegations of gross negligence or manslaughter are rare in fire cases. I have been involved with a number of fatality cases under the FSO, and grieving families have been stunned when I have had to explain that the maximum sentence under this legislation is two years’ imprisonment (with one third off for a guilty plea). A sentence of imprisonment is not available in the magistrates court, or where a fire safety officer has been deliberately misled or obstructed, or has not been provided with the necessarily requested fire safety documentation. Following the Grenfell tragedy, fire safety officers involved with making premises safe and preventing the tragic consequences of fire will now be taken seriously, and provided with the appropriate funding, training and personnel that they deserve. The legislation and the guidance documents should be reviewed. Fires do happen, with catastrophic consequences. Statistics may show that the number of domestic fires are in decline, but this is not an area for complacency. Last year’s fire fatality statistics will tell a different story
Warren Spencer is managing director and fire safety solicitor at Blackhurst Budd Solicitors. For more information, view page 5
46 FEBRUARY 2018
www.frmjournal.com
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