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The full text of a letter sent from Sir Martin Moore-Bick to Theresa May setting out the focus of the probe, along with the prime minister’s reply
Dear prime minister,
Under section 5 of the Inquiries Act 2005 (the act) you are responsible as the minister sponsoring the Grenfell Tower Inquiry for establishing its terms of reference and specifying its setting-up date. You asked me to consult the victims, family members and other interested parties on the scope of the terms of reference with a view to providing you with my recommendations.
I have carried out the consultation you requested which took the form of meetings with local residents and other interested parties as well as an invitation to respond to a consultation document posted on the inquiry’s website.
Over 550 written responses were received, all of which have been acknowledged and carefully considered.
A brief summary of those responses is enclosed. In the light of them I recommend that you set terms of reference for the inquiry in accordance with the enclosed draft, which cover, among other things, not only the fire itself, but matters such as the history of the building, its most recent refurbishment, the state of building and fire regulations, and aspects of the relationship between the residents of the tower and the local authority, including in the days immediately following the fire.
I also recommend that a setting-up date be specified as soon as possible so that the inquiry can begin its work. If it can do so promptly, it should be possible for me to hold a preliminary hearing in mid-September. I hope to be able to provide you with an initial report dealing with the cause of the fire and the means by which it spread to the whole building by Easter next year, although the precise timing may depend on the how long it takes for the forensic fire investigation to be completed.
I have also been giving some thought to the desirability of appointing assessors under section 11 of the act to provide me with assistance.
If you accept my recommendations on the terms of reference, I think it likely that I shall wish to appoint a diverse group of people whose experience extends to the occupation and management of social housing and the administration of local government more generally, as well as to matters of a more technical scientific nature.
At a later stage I may also wish to appoint others to assist on particular aspects of the investigation.
As a result of the consultation it has become clear that many of those who have been affected by the fire and some others feel strongly that the scope of the inquiry should be very broad and should include an examination of social housing policy and all aspects of the relationship between the residents of the Lancaster West Estate on the one hand and the local authority and the tenant management organisation on the other.
Many also feel very strongly that it should examine whether the response of local and central government to the disaster was and continues to be appropriate or adequate and whether arrangements should have been in place for responding to a disaster of this magnitude.
I can well understand why local people consider that these are important questions which require urgent examination.
I share their concerns, but on careful reflection I have come to the conclusion that the inquiry you have asked me to conduct is not the best way of satisfying their wishes for two reasons:
(i) First, there is an obvious need for my inquiry to complete its work as quickly as possible in order to identify defects in the design, construction (including refurbishment) and management of the building that may exist elsewhere and put at risk others who live and work in similar high-rise structures. To give the inquiry terms of reference which would cover all the matters requested by local residents and others would inevitably add significantly to the length of time needed to complete its work.
(ii) Secondly, the inclusion of such broad questions within the scope of the inquiry would raise questions of a social, economic and political nature which in my view are not suitable for a judge-led inquiry.
They are questions which could more appropriately be examined by a different kind of process or body, one which could include persons who have experience of the provision and management of social housing, local government finances and disaster relief planning. It could operate in parallel with the inquiry and would be welcomed by many.
I therefore recommend that the inquiry’s terms of reference should not extend to the broader questions to which I have referred. Nonetheless, the responses to the consultation have persuaded me that they should include the response of local and central government in the days immediately following the fire. The purpose of paragraphs (i)(a)-(h) of the enclosed draft is to identify the main focus of the inquiry’s work without limiting its ability to pursue any avenue of investigation which it considers appropriate.
There is one other matter that I need to mention. It has become apparent that many former residents of Grenfell Tower and others who may have been in the building at the time are likely to be able to give valuable evidence of the circumstances surrounding the fire, if they can be persuaded to co-operate with the inquiry. I have been told that there may be some who are reluctant to do so because of concerns about their long-term immigration status.
I therefore urge the government to take all necessary steps to dispel those fears and encourage as many people as possible to come forward to assist the inquiry.
Sir Martin Moore-Bick, chair of the Grenfell Tower Inquiry
Recommended terms of reference
The inquiry’s terms of reference are:
(i) to examine the circumstances surrounding the fire at Grenfell Tower on 14 June 2017, including
(a) the immediate cause or causes of the fire and the means by which it spread to the whole of the building;
(b) the design and construction of the building and the decisions relating to its modification, refurbishment and management;
(c) the scope and adequacy of building regulations, fire regulations and other legislation, guidance and industry practice relating to the design, construction, equipping and management of high-rise residential buildings;
(d) whether such regulations, legislation, guidance and industry practice were complied with in the case of Grenfell Tower and the fire safety measures adopted in relation to it;
(e) the arrangements made by the local authority or other responsible bodies for receiving and acting upon information either obtained from local residents or available from other sources (including information derived from fires in other buildings) relating to the risk of fire at Grenfell Tower, and the action taken in response to such information;
(f) the fire prevention and fire safety measures in place at Grenfell Tower on 14 June 2017;
(g) the response of the London Fire Brigade to the fire;
(h) the response of central and local government in the days immediately following the fire;
(ii) to report its findings to the prime minister as soon as possible and to make recommendations.
Theresa May’s response to Sir Martin Moore-Bick
Dear Sir Martin,
Thank you for your letter of 10 August, advising me of the outcome of the consultation and providing me with your recommendations for establishing the terms of reference for the Grenfell Tower Inquiry.
I am grateful to you for carrying out the consultation. The number of responses received shows consultation has been an important process, and it was clearly right to extend the process in the way you did to allow all those that wanted to contribute to do so.
The terms of reference you set out in your letter address the crucial issues of the cause and spread of the fire; the design, construction and refurbishment of Grenfell Tower; the scope and adequacy of the relevant regulations, legislation and guidance; the actions of the local authority and other bodies before the tragedy; the response of the London Fire Brigade to the fire and the response of central and local government in the aftermath. I am therefore happy to accept your recommendations for the inquiry’s terms of reference without any amendment, and to announce an immediate start date of today, 15 August 2017.
The terms of reference do not address some of the broader social issues that some people have called for the inquiry to consider. I understand your concern about the suitability of considering such broader issues in a judge-led inquiry and the urgent need for the inquiry to complete its work as soon as possible, so that essential lessons can be learnt. This mitigates against very broad terms of reference and I accept your reasons for focusing the inquiry in the way you have.
Government has already announced independent reviews into building regulations and fire safety and these reviews will no doubt wish to keep you up to date with developments, which will be able to feed into the work of your inquiry. Government will now consider how best to address the issues of social housing you have raised. What is clear is that there are a number of concerns, which have gone unheard for too long.
The housing minister, Alok Sharma, will personally meet and hear from as many social housing tenants as possible both in the immediate area around Grenfell Tower, but also across the country, to help build up a comprehensive picture of some of the immediate issues facing tenants, as well as to identify any common concerns that must inform any national approach. There will be a further announcement on this work shortly.
Like you, I hope that as many people as possible will participate in this inquiry so that you gain as accurate a picture as possible and that the lessons are learned to prevent a similar tragedy happening in the future.
As you will know, the government has already announced a 12-month amnesty to allow those who have been directly affected by the fire to be granted a temporary period of lawful residence in the UK, which will give them a firm legal footing to ensure they can access ongoing support, including social assistance, local authority housing support or any welfare benefits they may be eligible for. I am grateful for the work that you and your team have put in to the consultation, and I am also grateful to the many people, professional organisations, charities, trade unions and others who contributed to the consultation, in particular the former residents of Grenfell Tower and the families of those who died – it is very important that their views are taken into account by the inquiry.
Theresa May, prime minister