Firm and director prosecuted for giving inaccurate cladding information

The case was brought against HFH after aluminium composite cladding material – like that on Grenfell Tower – was found at 2-100 Wolsey Street in Ipswich.

A fire risk assessment of the premises had been undertaken in 2017 by a company appointed by HFH, but it did not take into account the high fire risk the cladding posed to the residents.

At the same time, the fire risk assessor had been given inaccurate information by the firm in relation to the level of risk from the cladding.

When this became apparent, the assessor invalidated the fire risk assessment he had produced, advising HFH to arrange for a new assessment to be undertaken.

However, when officers from SFRS attended the premises in 2019, they identified that the original fire risk assessment remained, and the assessment still did not address the risk of the cladding.

Other areas of non-compliance with the legislation were also identified. They related to ensuring the means of escape was safe; that automatic opening vents operated correctly; ensuring the premises was equipped with a suitable fire alarm system; and ensuring residents knew what to do in the event of a fire, to enable them to evacuate the building safely.

As a result, Mr Ottley and HFH were found guilty at Colchester Magistrates Court (where the case was heard). During sentencing last month, Mr Ottley was given 10 months in custody suspended for 18 months, 120 hours unpaid work, and costs of £24,750.

The company was fined £60,000 and also ordered to pay costs of £24,750.
A spokesperson for SFRS said: “This sentence reflects the severity of the potential risk to residents from Home from Home’s actions had a fire occurred.

“SFRS protection officers actively work to ensure premises are compliant with fire safety legislation.

“The inadequate fire safety measures and management in this case could have resulted in serious injury or loss of life and we hope this will send a clear message to all managing agents of the importance of fire safety.

“SFRS is committed to working with those willing to address fire safety issues, but as an enforcing authority will not hesitate in prosecuting where lives are placed at risk.”

In August 2021, HFH appointed a new fire risk assessor who corroborated the findings of SFRS in respect of the ongoing risk to residents.

The new fire risk assessor has worked to ensure there is no longer a significant risk to life and HFH is working towards the removal of the cladding with government funding support.

In response to a request for comment, Home from Home said: “Yes, you can have a response. Go away.”

This latest case comes after East Sussex Fire and Rescue Service reminded building owners of their duties under the Building Safety Act 2022 after the directors of a care company were fined £124,000.