A company director has been sentenced following serious fire safety failings at a high-rise residential building in Plymouth that placed residents at risk of death or serious injury.

Stephen Phillips received an 18-month Community Order after admitting a number of offences under the Regulatory Reform (Fire Safety) Order 2005. Latitude 52 Management Company Limited, of which he was a director at the time, was fined £12,000, while fire risk assessor Charles Morgan received a 12-month Community Order for failing to produce a suitable and sufficient fire risk assessment.

The sentencing, which took place at Plymouth Crown Court on 22 June, follows a four-year investigation by Devon and Somerset Fire and Rescue Service into fire safety deficiencies at Latitude 52, a high-rise residential building in Albert Road, Plymouth.

The issues were identified during a fire safety inspection in 2021, carried out as part of a national programme of inspections of high-rise residential buildings following the Grenfell Tower fire. Inspectors also identified the presence of a combustible external wall system.

Among the most serious findings was the removal of smoke control fans from the ground floor to facilitate the construction of a two-bedroom flat. The smoke control system was designed to clear smoke from the building's central atrium during a fire, helping to protect escape routes for residents. Investigators found that its removal significantly increased the risk to occupants.

Although the fans had been removed, associated vents, alarms and signage remained in place, making the alterations less obvious during routine inspections. The investigation also established that the smoke control system had not been subject to an appropriate maintenance regime before its removal.

Inspectors identified additional unauthorised alterations to flats owned by Phillips and adjoining communal areas. These works compromised the standard of fire-resisting construction, increasing the potential for fire and smoke to spread and affecting the protection of one of the building's escape staircases. The alterations had been carried out without the required Building Control approval.

At the time of the offences, Phillips was a director of Latitude 52 Management Company Limited, the resident management company responsible for the building. He also owned several flats within the development and controlled Lilian Owen Limited, the company that owns the premises.

Phillips pleaded guilty to failing to maintain the smoke control system, failing to maintain the integrity of emergency routes and failing to implement appropriate general fire precautions. He was ordered to complete 240 hours of unpaid work and contribute £34,758.06 towards prosecution costs.

Following the discovery of the failings, Devon and Somerset Fire and Rescue Service worked alongside Plymouth City Council to address risks within the building. The fire and rescue service focused on the safety of the communal areas, while the council led on fire safety concerns within individual flats.

To reduce immediate risk, the fire and rescue service issued three Prohibition Notices, restricting the use of the lower-ground car parks and two flats. To avoid the large-scale emergency rehousing of residents, the building remained occupied with additional interim measures in place, including fire wardens and a waking watch while permanent remedial works were developed.

The investigation also examined the role of fire risk assessor Charles Morgan, then working for UK Fire Consulting Limited. Morgan had produced a fire risk assessment recommending that the smoke control system could be removed.

Expert witness Colin Todd MBE, Managing Director of C.S. Todd & Associates, concluded that the assessment failed to recognise the complexity of the building and the fire safety measures required.

Morgan pleaded guilty to failing to produce a suitable and sufficient fire risk assessment under Article 9 of the Fire Safety Order. During sentencing, he stated that he had relied on assurances from Phillips that the smoke control system was non-operational and that permission had been obtained for its removal. He accepted that he should have undertaken further verification. Morgan was ordered to complete 120 hours of unpaid work and pay £34,000 towards prosecution costs.

The investigation also established that the costs associated with removing the smoke control fans had been recovered from residents through service charges.

Latitude 52 Management Company Limited pleaded guilty to failing to make suitable fire safety arrangements and failing to ensure an appropriate maintenance regime for the smoke control system. The company accepted that it had allowed Phillips to exercise excessive control over fire safety matters. It was fined £12,000 and ordered to pay £18,000 in costs.

Passing sentence, Judge Mathew Turner described the removal of the mechanical smoke ventilation system as a "reckless act".

Martin Sleigh, fire safety manager at Devon and Somerset Fire and Rescue Service, explained: “The safety of people who live in, work in and visit Devon and Somerset is our absolute priority. The alterations made at Latitude 52 created an unacceptable risk and could have led to catastrophic consequences had a fire occurred. This case should serve as a clear warning to anyone responsible for the management of fire safety in buildings that their duties must be taken seriously, particularly when changes or alterations are being made.”

Sleigh continued: “Fire risk assessors and other professionals must operate within their competence and base their recommendations on thorough, independent assessment. Where we identify serious failings or a negligent disregard for fire safety, we will not hesitate to investigate and instigate enforcement action.”

Since the discovery of the fire safety deficiencies, Devon and Somerset Fire and Rescue Service has continued to work in partnership with Plymouth City Council to secure improvements and ensure the safety of residents.  The building has now been fitted with new cladding. Works to replace the smoke control system and the installation of a sprinkler system are due to take place this year.

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