Fines and prosecutions Fire safety breaches lead to care home fine


NEWS


BREAKSEA RESIDENTIAL Care Homes Ltd. was prosecuted at Cardiff Magistrates Court, reported Wales 24/7, after having been brought to court by South Wales Fire and Rescue Service (SWFRS). It was found, after inspections,


to have committed three offences under the Regulatory Reform (Fire Safety) Order 2005 [FSO] at Newton Care Home, a private facility with over 30 residents. The offences covered fire safety training for staff and failing to conduct any ‘appropriate’ evacuation drills. The news outlet noted that those elements of fire safety legislation ‘are essential if occupants are to escape safely in the event of a fire’ and the


company pleaded guilty to all three breaches, Judge Stephen Harmes ordered it to pay a fine of £24,000, plus costs of £9,930, ‘within 56 days’. He also stated that in this case ‘there was a clear risk because of penny- pinching’, as the company had been ‘putting profit before safety’. Owen Jayne, group manager and head of the business fire safety department at SWFRS, commented: ‘Our role is to work with businesses across South Wales to support them to protect businesses and occupants from the risk of fire. The fire safety legislation we enforce, known as the [FSO], is designed to keep occupants safe. Where we find


breaches of this legislation, it is our duty to take action to prevent death or serious injury. ‘The decision to prosecute businesses is never taken lightly, however in this case there was a serious risk to vulnerable residents and this was attributed directly to the actions, or rather the lack of actions of the company responsible. ‘There is no satisfaction in


seeing Breaksea Residential Care Homes Ltd. being punished for their failure to comply with the [FSO] but we are pleased that the judge recognised the risks and the severity of the sentence reflects the seriousness with which the court views breaches of the fire safety regulations.’


Shop owner sentenced following fatal fire


SOME NATH was prosecuted by West Midlands Fire and Rescue Service (WMFRS) following fire safety failings at a shop he rented out resulted in the death of a man renting the property. BBC News reported on the


prosecution of Mr Nath after Imon Sing Sethi died in a fire at the shop owned by Mr Nath – and rented by Mr Sethi – in December 2018 in Birmingham. According to WMFRS’ Mick


Norton, on the night of the fire Mr Sethi ‘had been drinking’ and turned a heater on that was underneath the shop’s counter before falling asleep. When he


woke up later, he found the heater burning and picked it up to ‘carry it to the kitchen’. However while doing this,


his clothes caught fire and he died from the burns he suffered. The death was found to be accidental, but it was also found that the building had no smoke detectors, while electrical shutters at the front and back of the store ‘did not work’ and ‘prevented Mr Sethi’s escape’. Mr Nath had admitted to


three charges of breaching the Regulatory Reform (Fire Safety) Order 2005, including failing to take general fire precautions,


failing to ensure the premises had ‘appropriate’ firefighting equipment and alarms, and ‘failing to ensure people could evacuate in the event of a fire’. He was given a six month custodial sentence, suspended for 18 months. In a statement following the


sentencing, Mr Norton added: ‘To all business owners, we say that the burden is upon them to ensure their premises is safe. If we find people stepping well outside the boundaries of safety, we will take strong enforcement action and prosecute when necessary.’


www.frmjournal.com JULY/AUGUST 2020 17


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