Prevention of Future Deaths reports · 2018
Regulation 28 report to prevent future deaths, reference 2018-0246, written 27 Jul 2018. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 27 Jul 2018 |
|---|---|
| Reference | 2018-0246 |
| Deceased | Glynn Storey |
| Coroner | Leslie Hamilton |
| Coroner area | County Durham and Darlington |
| Category | Other related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.
REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: 1. Construction Industry Council (CIC), The Building Centre, 26 Store Street, London WC1E 7BT CORONER | am Leslie Hamilton, assistant coroner, for the coroner area of County Durham and Darlington CORONER'S LEGAL POWERS | make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. (see attached sheet) INVESTIGATION and INQUEST On 06.06.2017 | commenced an investigation into the death of Glynn Matthew Storey, 32 years. The investigation concluded at the end of the inquest on 27 July 2018. The conclusion of the inquest was Accident. The medical cause of death was :- ta. Injuries to back. 1b. Fall from a height CIRCUMSTANCES OF THE DEATH The deceased was staying with a friend (in a flat with which he was not familiar). During the night, under the influence of alcohol, he fell from a second floor window onto a fence below sustaining fatal injuries. The window did not meet building regulations (it was a low window and did not have a safety guard/opening restrictor fitted). Further investigations revealed that none of the 40 flats in the development, completed in 2011, had safety devices fitted. Local remedial action has been taken. CORONER’S CONCERNS During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you. The MATTERS OF CONCERN are as follows, — (1) There is confusion as to whether the approved building control inspector or the builder is responsible for ensuring that such windows meet building standards. Detailed enquiries by the police have shown that responsibility lies with the builder/owner. However, the owner/builder felt that as the building had been inspected on multiple occasions, all safety standards had been met. ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe your organisation have the power to take such action. There needs to be absolute clarity as to how is responsible for ensuring that buildings meet safety standards. YOUR RESPONSE ¢ You are under a duty to respond to this report within 56 days of the date of this report, namely by 21% September 2018. |, the coroner, may extend the period. Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed. COPIES and PUBLICATION | have sent a copy of my report to the Chief Coroner and to the following Interested Persons Shakespeare Martineau LLP acting for Cockerton Green Developments. | have also sent it ‘A wc may find it useful or of interest. !am also under a duty to send the Chief Coroner a copy of your response. The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner, Dr J R L Hamilton HM Assistant Coroner County Durham and Darlington
1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.
Al APPROVED INSPECTORS
REGISTER
28 August 2018.
BY POST AND EMAIL: hmcoroner@durham.gov.uk
YOUR REF: JRLH/AB/1384/17
Dr JRL Hamilton
HM Coroner’s Office
PO Box 282
Bishop Auckland
Co Durham
DL14 4FY
Dear Dr Hamilton,
RE: REGULATION 28 REPORT - GLYNN MATTHEW STOREY
| write in reply to your fetter dated 27 July 2018 with the above reference.
t should first explain that CICAIR Limited is the body currently designated by the Secretary of State
under section 49 of the Building Act 1984 to carry out his executive and administrative functions in
respect of Approved Inspectors. It is not part of CICAIR’s functions to give definitive interpretations of
the legislation so what follows is only CICAIR’s opinion. As | am sure you are aware, only a court can
give a definitive interpretation.
You raised a matter of concern as follows:
(1) There is confusion as to whether the approved building control inspector or the builder is
responsible for ensuring that such windows meet building standards. Detailed enquiries by the
police have shown that responsibility lies with the builder/owner. However, the owner/builder feit
that as the building had been inspected on multiple occasions, all safety standards had been met.
The Building Act 1984, the Building Regulations 2010 and the Building (Approved Inspectors etc.)
Regulations 2010 place the duty to comply with the building regulations onto the person carrying out
the work. The person carrying out the work, depending on the context, would be the person
physically carrying out the work (e.g. developer, builder or installer) or, in most circumstances, the
owner and/or occupier of the property. The person carrying out the work retains ultimate
responsibility for compliance with the building regulations and the quality of the finished product.
Approved Inspectors (and local authorities when acting as building control bodies) do not have this
responsibility under the legislation.
The responsibilities of an Approved Inspector are conferred by regulation 8(1) of the Building
(Approved Inspectors etc.) Regulations 2010 which requires that Approved Inspectors take such
steps as are reasonable to enable the Approved Inspector to be satisfied within the limits of
professional skill and care that the applicable requirements of the building regulations are complied
with. The building control function carried out by an Approved Inspector is necessarily a spot
checking process as there is no requirement for an Approved Inspector to be continuously on ~~
site whilst work is being carried out. ,
CICAIR | 26 Store Street | London WC1E 7BT | United Kingdom > ) ?,
T +44 (0)20 7399 7400 | E cicair@cic.org.uk | www.cic.org.uk
VAT Registration Number 266 8002 01 | Company Registration Number 08881582 >»
An Approved Inspector cannot provide a guarantee of compliance with the building regulations and
the appointment of an Approved Inspector does not remove the obligation of the person carrying
out the work to achieve compliance. The Final (ie. compliance) Certificate which an Approved
Inspector gives is therefore evidence, but not conclusive evidence, of building regulations
compliance.
In your report, you have suggested that action needs to be taken to provide clarity on who is
responsible for ensuring that buildings meet safety standards. CICAIR publishes clear guidance
outlining the role and remit of an Approved Inspector and we operate a complaints procedure
whereby allegations that an Approved Inspector has not adhered to the CICAIR Code of Conduct for
Approved Inspectors can be investigated. The guidance and complaint process is publicly available at
http://cic.org.uk/services/complaints.php. It is also possible to make a claim against an Approved
Inspector in the civil courts (negligence, breach of contract or misrepresentation etc).
There is also guidance on responsibilities on the Government's Planning Portal website:
httos://www.planningportal.co.uk/info/200187/your_responsibilities
{ trust this helps to clarify your matter of concern.
As CICAIR is acting on behalf of the Secretary of State | am copying this letter to the Rt Hon. James.
Brokenshire MP, Secretary of State for Housing, Communities and Local Government.
Yours sincerely
vr)
——
Chief Operating Officer & Registrar
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