Southwark Council will not face manslaughter charges in the wake of the fire at Lakanal House in 2009 in which six people died.
Prosecutors have concluded there is no realistic prospect of a conviction.
Rene Barclay, principal crown advocate for the Crown Prosecution Service, said:
“I am satisfied that…there is no realistic prospect of conviction for an offence of manslaughter by gross negligence or corporate manslaughter against any individual, any company or the London Borough of Southwark.
“I considered the roles played by the manufacturer of the television set, the companies contracted to undertake the refurbishment and the London Borough of Southwark who owned the property. Given that some of the alleged breaches occurred before the new Corporate Manslaughter Act came in to force, I considered this case under the common law offence of gross negligence manslaughter.
“I have concluded that there is insufficient evidence to establish any personal gross breach of duty on the part of a sufficiently senior official of the council or any of the companies, which could be said to have caused death, as would be necessary under that law to bring a prosecution. I concluded a prosecution of any company or organisation for an offence of manslaughter by gross negligence was therefore not legally possible. I have also concluded that there is insufficient evidence to establish the guilt of any individual.
“I also considered whether the council’s alleged failure prior to the outbreak of the fire to undertake a risk assessment under the Fire Safety Order 2005 provided a sufficient basis to bring a charge. This alleged failure occurred after the introduction of the new Corporate Manslaughter Act and so it was considered under the new law. I concluded that there was insufficient evidence to satisfy a jury that the council’s conduct at a senior management level amounted to a gross breach of duty causing any of the deaths.
“I extend my deepest sympathies to the families of those who died and have met them, along with the Director of Public Prosecutions, to explain in person the decisions I have reached.”
Fire spread
The fire was caused by a faulty switch in a television and broke out shortly after 4.00pm on 3 July 2009 in a flat on the ninth floors. The fire spread up to the 11th floor and down to the seventh and fifth floors.
The investigation focused on the extent to which, as a result of various refurbishments and repairs to the building which took place between 1984 and 2007, the condition of some parts of the communal areas and the materials used to affect some of the refurbishment, contributed to the spread and speed of the fire.
Responding to the decision, Ian Wingfield, cabinet member for housing at Southwark Council, said:
"We note the decision from the Crown Prosecution Service. As always, our first thoughts are with the family and friends of those who lost their lives and all those who have been affected by the Lakanal fire.
“We welcome the decision as this will allow the inquests to progress and the families to have some sort of closure. We now ask that the coroner agrees a date as soon as possible for the six inquests to begin so that all the facts from that tragic evening of nearly three years ago can be brought before the public."
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