High Court challenge on Government failure to implement Grenfell Inquiries recommendations on PEEPs

 From Bhatt Murply Solicitors

Bhatt Murphy clients issue High Court challenge to government failure to implement Grenfell Inquiry recommendations on personal emergency evacuation plans (‘PEEPs’) for disabled people

Bhatt Murphy Solicitors have issued an application for judicial review against the Secretary of State for the Home Department on behalf of Sarah Rennie, Georgie Hulme and CLADDAG, an organisation founded by Ms Rennie and Ms Hulme which campaigns for disabled leaseholders and tenants in residential buildings impacted by the building safety crisis.

The Claimants are seeking permission to bring judicial review proceedings challenging the Government’s refusal to implement October 2019 recommendations made by the Chair of the Grenfell Inquiry mandating PEEPs for all residents whose ability to self-evacuate in an emergency may be compromised.

Mark Scott and Joanna Khan at Bhatt Murphy act for the claimants.

 

Grenfell Tower Inquiry Phase 1 report: recommendations at paragraphs 33.22 (e) & (f):

“…the owner and manager of every high-rise residential building be required by law…to prepare personal emergency evacuation plans for all residents whose ability to self-evacuate may be compromised (such as persons with reduced mobility or cognition)” and

“…the owner and manager of every high-rise residential building be required by law to include up-to-date information about persons with reduced mobility and their associated PEEPs in the premises information box” (“the PEEPs recommendations”)

 

The The Claimants argue that the outcome of the PEEPs consultation (i.e. the Government decision not to implement the PEEPs recommendations) is unlawful, including because:

 

a.     The failure to implement PEEPs constitutes a breach of disabled residents’ right to life and to freedom from discrimination under Articles 2 and 14 of the European Convention on Human Rights, as well as a breach of the Public Sector Equality Duty, under which the Home Secretary must have regard to the need to eliminate discrimination against disabled people;

b.     The consultation process was unfair, including because the Home Office held follow-up meetings with representatives of local authorities and housing associations after the consultation responses had been received, allowing concerns to be raised to which the Claimants and others had no opportunity to respond;

c.     The government has failed to understand the rationale behind the PEEPs recommendations: evidence heard by the Grenfell Tower Inquiry concerning the need for all residents to be able to evacuate in certain situations, even in buildings with a ‘stay-put’ strategy.

 

The Claimants have made an application for the court to consider the case urgently. They expect to hear in around September 2022 whether permission has been granted to proceed.

 

72 people died in the fire at Grenfell Tower on 14 June 2017. A disproportionate number of those who died were disabled persons whose ability to evacuate via the sole means of escape, the single staircase, was compromised. There were no plans or arrangements in place to assist these residents to evacuate in the event of a fire

 

 

Kids' Summer Fair in Canons Park on Sunday with tempting healthy 'fun day' food available

 Easily reached from Canons Park station on the Jubilee line.

The Good Friends Cafe in the park has sent this message:

We will be serving a special 'fun day' menu which caters for all dietary needs. Lots of vegan and gluten free options; beef or vegan hotdogs, served with/without cheddar or vegan cheese and the option of GF rolls; our own egg-free dairy or vegan ice-creams; filled wheat, or GF bagels; our own pure fruit (no added sugar/colouring/flavouring) smoothie lollies and our immensely popular and refreshing, vegan snow cones as well as tea and coffee. Our 'express station' opposite the cafe, (cash payments only), will have cold drinks and our own choc-chip cookies and vegan/GF flapjacks on offer.

Dr Laptop at Wembley Library (Brent Civic Centre) on Saturday August 5th 10.30am to 15.30pm

 

You don't need a book a slot if you're coming down to donate a device. We take GDPR very seriously. The Fixing Factory has strict GDPR protection measures in place to prevent misuse of data. Our staff are fully vetted, trained and inducted to reset and wipe laptops without accessing the data contained on the devices - so you can rest assured that even if you haven't wiped it before donation, it will be wiped during our refurbishment process.

If you're having problems with your device and don't know what's wrong, our friendly IT experts are on hand to help answer all your questions. Don't despair - choose repair!

We've opened the UK's FIRST EVER Fixing Factory in Brent to tackle the major problem of discarded tech.

Last year, west Londoners threw out 116,000 tonnes of electrical items – that’s over 68 Wembley arches worth of stuff! We're fixing our relationship with tech by:

- Saving laptops & tablets from waste by refurbishing and repairing them

- Teaching FREE repair skills to local people in the process

- Empowering local communities by giving FREE fixed devices to those without access

Book a slot to come down and receive a free diagnostics check and repair advice on your laptop or tablet. Our expert volunteers will need the full hour so don’t be late!

Location: Brent Civic Centre Library ( Wembley Library)

 

REGISTER HERE  (Note only 14.30-15.30 seemed to be left when I checked)

Rally to Stop London Bus Cuts - Wednesday 11am Waterloo

 

We need to firm up proposals for the future of the Welsh Harp Environmental Education Centre or it will be our children's loss

 

Representations were made both by councillors and the public at the last meeting of the Welsh Harp Joint Consultative Committee about the Welsh Harp Environmental Education Centre (WHEEC)  and its future.

The Committee covers both Barnet Council and Brent Council and the chairing alternates between the two. This year Barnet chairs.

The Centre has been a well-used resource for educating primary school children about the environment for decades. Thames21 was chosen to take it over when Brent Council stopped funding as a result of government funding cuts. However, after operating the Centre for a few years they decided they could not continue. Following local campaigning they decided to continue for a year, albeit with a reduced offer, while a long-term solution was found to ensure the future viability of the resource.

At the Committee's March 10th meeting it was recorded:

..it had been agreed for Thames 21 to continue activities  [at WHEEC] for a further year, with a full programme to be confirmed. It was noted that the centre required some infrastructure work in order to make the centre viable, which would incur a revenue cost. The Committee would continue to be kept updated regarding progress on the ongoing discussions regarding the future of the Welsh Harp Environmental Education Centre. 

Questions and comments were then invited on the update, with the following issues raised:
· It was noted that expressions had been raised to extend the remit of classes at the Welsh Harp Environmental Education Centre, including sessions for secondary schools and evening classes for adults. It was asked if these plans were still in place to be explored. It was explained that this was still being explored and had worked in other similar centres in London, but would rely on a viable consortium to bring people, resources and organisations together to make it happen.

Brent Council's report to last last week's meeting indicated little progress:

Welsh Harp Environmental Education Centre:

Discussions have continued between Brent Council and external partner organisations who have or may have an interest in creating a viable environmental education centre. Thames 21 have agreed to provide some services for another year while discussions continue for a longer-term solution for the future of the Centre.

Committee members asked for further information stressing the importance of the Centre in the context of the Council's declaration of a climate emergency. No details were available of the organisations that had expressed an interesting in forming a Consortium to run the Centre, the reduced programme that will be offered by Thames21, whether local firm Carey's an original bidder to run the Centre had been approached again, or the status of the former chapel, known as Planet House, which shares the site. 

When passing the Centre's classrooms and toilet block on the way to the Garden Centre it is easy to discount the Centre's most important resource. This is the extensive woodland (see photograph above) that stretches to the Barnet border north of the classrooms and the woodland on the other side of the access road that  abuts the Welsh Harp Open Space. The towering mature trees and shrubs beneath  provide an amazing unspoilt habitat for wildlife and add to Brent's quota of green space.

When I tweeted about the Centre yesterday these were some of the responses:

 

 Any organisations or projects interested in joining a consortium should write to  brent.parks.services@brent.gov.ukwith a brief summary of their interest/proposal.

Audit raises potential conflicts of interest in Brent Council's companies

 This evening's Audit and Standards Advisory Committee will consider an update on the Council's Internal Audit arrangements.  It includes a section on the Council's companies that although not named I presume are Brent's housing companies,  First Wave Housing and I4B Holdings Limited (previously Investing4Brent).

Five areas are raised as representing a 'Medium Risk' including a potential conflict of risk when directors are council employees.   This is the releveant section from the Appendix and the management response LINK.

Five Medium risk issues were raised within the following areas:
1) Responsibilities for Council employees working for the companies: The management and two of the five directors of the companies are employed by the Council and line managed within the Council. This may create a conflict of interest as management may feel they need to represent the interests of the Council rather than the companies. These responsibilities need to be clarified to ensure that these conflicts are effectively managed, and the companies are robustly represented in disputes with the Council.
Management Response: We will review job descriptions to identify and mitigate conflicts of interest.
2) Absence of Shareholder Panel Risk Register: The Companies share their risk register with the Council and the Shareholder Panel. However, while the Shareholder Panel reviews this risk register biannually, it does not hold its own risk register on behalf of the Council. This means that the Council is not formally considering the risks to itself from the companies, for instance, the risk that the Council may need to provide additional financial support to the companies.
Management Response: The need for a risk register will be reviewed at the next panel meeting.
3) Formalisation of Stress Testing: Whilst stress testing is undertaken for the preparation of the business plans and used to inform the setting of performance indicators, there is limited documentation of this process including how the outcome impacts the Business Plans.
Management Response: Stress testing will be included in the revised business.

Although the report mentions council employees it  does not mention councillor directors and possible conflicts of interest.  Cllr Saqib Butt is recorded as a director of both First Wave Housing and I4B. He is also a member of the Audit and Standards Advisory Committee considering the report tonight. In addition he is vice chair of the Brent Planning Committee and a member of the Resources and Public Realm Scrutiny Committee.

Cllr Saqib Butt is the brother of Cllr Muhammed Butt, leader of Brent Council.

Wembley Matters has previosuly raised potential conflicts of interest in  the article 'Probity and Planning in Brent.'

Positive inclusive pre-match atmosphere for Women's Euro Final in Wembley this afternoon - video

 

 I popped down to Olympic Way (Wembley Way) this afternoon to soak up the atmosphere and was impressed by the good-natured and diverse crowd.  It appeared that the recommendations of the Casey Review LINK, made after the disorder at the men's 2020 Euro Final, had been successfully implemented with the alcohol ban in particular making an impact.

 

Tinder box danger exposed by vegetation fire on Barn Hill. Fire chief backs ban on disposable barbecues.

 

Tree damage by fire

 The proximity of the fire to garden fence

Charred tree trunks
 

Timely action by the Fire Brigade prevented a vegetation fire on Barn Hill from spreading to the garden fence of a nearby property. The fire was during the recent hot period a day before the 'Extreme Heat' warning days.

The family at the property were out at the time but fortunately  the alarm was raised by neighbours preventing any serious damage.

Wembley Matters asked the Brent Fire Brigade for any information they have on the cause of the fire. It has been suggested that wood had been dumped on the site in addition to fallen trees.

The London Fire Brigade responded:

 

Our fire investigators wouldn’t be sent to a small fire like this so we don’t have any details on the cause.

 

Firefighters were called to bushes and trees alight on Barn Hill in Wembley on 18 July.

 

The Brigade was called at 1954 and the fire was under control by 2018. One fire engine from Willesden Fire Station attended the scene.

 

The fire highlights the potential for serious outbreaks on Barn Hill and Fryent Country Park given the extremely dry vegetation.  Warnings have been issued on social media about the danger of dumped fuel from disposable barbecues igniting grass.  

 

 

The London Fire Commisioner has highlighted the need for the banning of  disposable barbecues and issued this statement:

London’s Fire Commissioner is calling for a total ban on disposable barbecues following one of the busiest weeks in our history.

The call comes ahead of a possible second summer heatwave and an unprecedented number of large grassland fires London’s firefighters worked in tough conditions to tackle last week. New statistics show that week commencing Monday, 18 July the Brigade received 8,302 calls and attended 3,231 incidents. In addition:

• Firefighters attended more than 1,000 fires.
• The number of 999 calls received was more than double taken for the same period last year.
• Thirty-four grass fires required an attendance of four fire engine and above.

Significant fire risk

Disposable barbecues pose a significant fire risk if they are not put out properly, causing grass fires in open spaces and scorching the grassed areas. The dry spell has left grassland like a tinderbox and increases the chances of a fire caused by a disposable barbecue

We are also reiterating that people should not barbecue on balconies and during this exceptional dry spell Londoners should not have any barbecues or open fires in parks and public spaces.

London’s Fire Commissioner Andy Roe has already written to local authorities asking for a temporary ban on the use of barbecues in all public parks and open spaces. We're very grateful to councils which put bans in public places but now feels disposable barbecues need to be taken off the shelves needed to help prevent widespread blazes like last Tuesday.

Retailers, including Waitrose and Aldi, have announced they will no longer stock disposable barbecues because of the detrimental impact they have on the environment and wildlife.

Back ban petition 

Disposable barbecues also pose a health risk and heat can be retained for many hours after a barbeque has been put out. The Brigade is backing a petition set up by Toby Tyler whose son Will was severely burned by a disposable barbecue. The petition can be found here https://petition.parliament.uk/petitions/618664.

Commissioner Roe said: “Despite our grass fire warnings, we’ve still seen some people behaving carelessly and recklessly. On Saturday (23^rd July) firefighters prevented a serious blaze at Wanstead Flats caused using a disposable barbecue. We need urgent action now to see a national ban on the sale of disposable barbecues. They can be bought for as little as five pounds and can cause untold damage, especially when the grass is as dry as it has been over the last few weeks.

“Last week is another example of how we are increasingly being challenged by new extremes of weather as our climate changes and we’re developing long-term strategies to deal with more incidents like this in the future.”

Grass fire prevention tips: 

• Don’t drop cigarettes or anything that is burning on dry ground. 
• Don’t drop cigarettes out of car windows - they may land on dry grass by the roadside.  
• Don’t have barbecues in parks and public spaces.
• Do not barbecue on balconies, the wind may carry smouldering ash towards nearby grassland.  
• Be aware that children, animals, balls or anything else may knock over barbecues, increasing the risk of grass fires, especially when in a busy parks or public spaces.