Sprinkler Decision Timetable - 12 Dec 2018

Dear Mr Reilly

As I understand it, current Council policy is that a decision on whether (and how) to impose sprinklers in all 10+ storey Council blocks will be dependent on the outcome not only of the (First Tier) Tribunal case, itself subject to serial delays, but also on the report of the Grenfell Inquiry. (As you will recall, the wording of the amendment to Paper 18-279, passed on September 13 at the OSC and subsequently accepted by the Executive, was: “to allow directions from the First Tier Property Tribunal and recommendations made by the Grenfell Tower Inquiry to shape whether, and how, the programme is progressed across the Council’s high-rise stock.”)

This clearly cannot refer to Phase 1 of the Inquiry (which is now coming to close), as the issue of sprinklers is not with the remit of Phase 1, the terms of reference of which are expressed on the official Inquiry website (https://www.grenfelltowerinquiry.org.uk/news/update-inquiry-2) as follows:

"Phase 1 will focus on the factual narrative of the events of the night of 14 June 2017. This will include:

• the existing fire safety and prevention measures at Grenfell Tower;
• where and how the fire started;
• the development of the fire and smoke;
• how the fire and smoke spread from its original seat to other parts of the building;
• the chain of events before the decision was made that there was no further savable life in the building; and
• the evacuation of residents."

There being no sprinklers in Grenfell at the time of the fire it follows that they could not form part of Phase 1 (and indeed have not done so, for example not being a topic addressed by the many expert witnesses). It is Phase 2 which will “address the remainder of the issues identified in the list of issues which was published on the Inquiry’s website on 14 September 2017.” (See https://www.grenfelltowerinquiry.org.uk/sites/default/files/List%20of%20Issues%204%20JUNE%20%5BFINAL%5D.pdf for an updated list of these issues – sprinklers are not specifically mentioned but could and presumably will come under a number of the headings.)

You will be further aware of the widespread coverage today of suggestions that Phase 2 may not even begin to take evidence until 2020 (e.g. https://www.insidehousing.co.uk/news/news/second-phase-of-grenfell-inquiry-may-not-start-until-2020-59455; https://www.bbc.co.uk/news/uk-46532817) – in the words of one of the key barristers, “it is unlikely that phase two will commence before the autumn of next year at the earliest and possibly not until 2020.”

It would seem inevitable, if the Council is to fulfil the policy described above and to allow relevant recommendations from Grenfell concerning sprinklers to shape the final decision, that even should the Tribunal find for the Council no such final decision on the imposition of sprinklers against the will and interest of (at least some) residents can be taken before Phase 2 reports, quite possibly in 2021 (unless the Inquiry in Phase 1 breaks the bounds of its own terms of reference and includes sprinklers in its interim recommendations, possible but not certain).

It would be helpful to have clarification on this point – I am sure residents will take some comfort from knowing that this significant and (in their view) unwarranted intrusion on their rights to enjoy their homes will not be visited on them for some years, by which time a more proportionate approach may have emerged.

Best wishes,

Yours,

MCG