NFRS 2023 140 - Litmus building
You asked for
I am writing to bring to your attention the concerning findings detailed in the Litmus Building Fire, Health, and Safety inspection report, which I recently obtained from Nottingham City Council through a Freedom of Information request.
It is with deep concern that I must reiterate my previous warnings regarding the precarious state of the Litmus building, which I fear mirrors the conditions that led to the tragic Grenfell disaster. The enclosed report validates these fears, revealing a staggering 14 instances of flagrant fire safety violations dating back to at least 2020. These violations, if left unaddressed, pose an imminent threat to the safety and well-being of all residents within the building.
Of equal concern is the apparent awareness of these violations by both Nottinghamshire Fire and Rescue Services and the Nottingham Environmental Health Office as far back as 2020. It is alarming to consider that such serious breaches of safety protocol have persisted unchecked for so long, potentially placing countless lives at risk.
It is imperative that these reports are made readily accessible to residents, empowering them to make informed decisions regarding their safety and well-being. Regrettably, the failure to disclose this critical information has deprived residents of the opportunity to take necessary precautions and has effectively undermined their ability to choose whether to remain in the Litmus Building.
The unlawful practices outlined in the report have far-reaching implications, impacting not only the residents but also the entirety of the Litmus Building, comprising over 300 apartments. In light of these revelations, I urgently request the immediate release of inspection reports conducted between late 2023 and early 2024, as well as the report from the inspection carried out on 11 March 2024 by the JAIT.
Access to these reports is essential for residents to assess the current state of safety within the Litmus Building and to determine the appropriate course of action moving forward, including whether it is safe to continue residing in the premises.
Our Response
Answer: - Nottinghamshire Fire and Rescue Service deems the requested information exempt by virtue of Section 30(1)(b) Investigations and proceedings conducted by public authorities.
Section 30 - Investigations and proceedings conducted by public authorities.
- Information held by a public authority is exempt information if it has at any time beenheld by the authority for the purposes of—
- any investigation which the public authority has a duty to conduct with a viewto it being ascertained—
- whether a person should be charged with an offence, or
- whether a person charged with an offence is guilty of it,
- any investigation which is conducted by the authority and in thecircumstances may lead to a decision by the authority to institute criminalproceedings which the authority has power to conduct, or
- any criminal proceedings which the authority has power to conduct.
- any investigation which the public authority has a duty to conduct with a viewto it being ascertained—
Section 30(1) can only be claimed by public authorities that have a duty to investigate whether someone should be charged with an offence, or the power to conduct such investigations and/or institute criminal proceedings.
Nottinghamshire Fire and Rescue Service derives its powers from The Regulatory Reform (Fire Safety) Order 2005 (RRO) PART 3 Section 25, which places a statutory duty on Nottinghamshire Fire and Rescue Service (NFRS) in relation to fire safety and grants powers to the service to do anything necessary for the purpose of carrying out their duties within the RRO and any regulations made under it as stipulated within the RRO.
It is an offence under Part 4 (Offences and Appeals) of the Regulatory Reform Order 2005 for any responsible person to fail to comply with any requirements imposed by the Regulatory Reform Order 2005.
Section 30 is classified as qualified and class-based exemption. This means Nottinghamshire Fire and Rescue Service are required to consider a public interest test but are not required to evidence the harm in disclosure of the requested information.
Section 30 is a class-based exemption. Information simply has to fit the description contained in section 30 to be exempt. There is no need for the information to prejudice, for example, the investigation or set of proceeding that it was obtained for. However, the exemption is subject to the public interest test. Where there would be no harm in releasing the information, or the public interest arguments in favour of disclosure outweigh those in favour of maintaining the exemption, it will need to be disclosed.
Public Interest Test
In favour of disclosure
Nottinghamshire Fire and Rescue Service acknowledges the public interest in promoting transparency and increasing awareness involving fire safety in premises that are covered by the Regulatory Reform Order 2005.
It is also expected of Nottinghamshire Fire and Rescue Service that it takes their duties seriously and robustly enforces the requirements laid down in the Regulatory Reform (Fire Safety) Order 2005 to make buildings safe for habitation or use.
The release of the information would assure the public that certain buildings duly adhere to these requirements and the public are appropriately informed, promoting transparency and accountability as a result.
In favour of non-disclosure
The release of fire safety inspection reports would prejudice the investigatory and prosecution processes. The Regulatory Reform (Fire Safety) Order 2005 (RRO) places a statutory duty on Nottinghamshire Fire and Rescue Service (NFRS) in relation to fire safety and grants powers to the service to do anything necessary for the purpose of carrying out their duties within the RRO and any regulations made under it as stipulated within the RRO.
It is an offence under Part 4 (Offences and Appeals) of the Regulatory Reform Order 2005 for any responsible person to fail to comply with any requirements imposed by the Regulatory Reform Order 2005.
As of the 25th of March 2024, The Litmus Building, 195 Huntingdon Street, Nottingham City, NG1 3NT has been issued with an enforcement notice for the contravention of the Regulatory Reform Order 2005. An enforcement notice is a type of notice issued by the local authority fire and rescue service when they deem a building, or management of a building, to not be suitable and sufficient. Notices will need to be complied with within a given timeframe to avoid prosecution.
Fire safety inspection information will have been created as part of a pre-investigation. Fire safety inspections or audits are carried out following nationally agreed guidelines so that any advice given to the responsible person is consistent and proportionate to any risk to any premises that fall within the legislation. Where Nottinghamshire Fire and Rescue Service are of the opinion that, the responsible person has failed to comply with the requirements placed upon them by the Order an Enforcement Notice will be served.
The responsible person has a duty to ensure the health and safety of their employees and others, such as members of the public, who could be affected by the way the business is run. The purpose of an inspection is to sample how they are complying with your legal responsibilities imposed by the Regulatory Reform (Fire Safety) Order 2005 (the Order).
The public disclosure would risk prejudice to past, present or future investigations. Members of the public place their confidence in Nottinghamshire Fire and Rescue’s ability to protect certain information from disclosure under FOIA in order that investigations are not harmed.
Were an investigation to be prejudiced by a disclosure under the FOIA then this would undermine the rights of all, but most importantly the rights of any victims to justice. The ability to protect certain information from blanket disclosure under FOIA promotes information sharing between communities and Nottinghamshire Fire and Rescue Service; it follows that disclosure into the public domain of the requested information in the circumstances would erode public trust.
Enforcement data is also published via a national register Enforcement Register which outlines the specific articles the premise is in contravention of in relation to the Regulatory Reform Order 2005. The public interest in the disclosure of the requested information is therefore lessened as the public already has the necessary information available to it.
Balance Test
Nottinghamshire Fire and Rescue Service accepts that there is a public interest in disclosure of fire safety inspection reports as it would promote transparency and accountability in how fire and rescue services carry out their responsibilities. A further argument in favour of disclosure is that it is in the public interest to disclose information about businesses which do not meet the required standards allows the public to make informed decisions on whether to reside or enter into those premises.
However, Nottinghamshire Fire and Rescue Service is mindful that the enforcement register provides the public with information about any building in contravention of the Regulatory Reform (Fire Safety) Order 2005 (RRO). This does, to an extent, allow the public to make informed choices about those buildings and so reduces the case for disclosure somewhat.
Additionally, there will always be a strong public interest in maintaining the exemption in section 30 where an investigation is ongoing. Whilst investigations and prosecutions are ongoing, public authorities require a safe space in which to operate and continue to conduct their investigation. A premature disclosure of their evidence could create media pressure which could interfere with the investigation. It could also create issues preparing and presenting any subsequent prosecution. It would provide some of the evidence which the service would seek to rely upon to the other party outside of the court led disclosure process, and potentially prior to any such case being brought, thereby potentially undermining its ability to build its case free from interference. It is also likely to undermine the ability of the service to be able to resolve the issues informally.
It is generally accepted that there is a significant public interest in protecting the integrity of past, present or future investigations so as not to compromise them. Nottinghamshire Fire and Rescue Service therefore considers that although there is a public interest in disclosure the public interest in disclosure is outweighed by the public interest in the exemption being maintained in this instance.
Nottinghamshire Fire and Rescue Service has therefore decided that section 30(1)(b) applies in this instance.