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Fire Safety in Private Blocks of Flats: the Problem of Remediation

Fire Safety in Private Blocks of Flats: the Problem of Remediation. Professor Susan Bright, New College, Oxford. 10 th June 2019 @suejbright Susan.bright@law.ox.ac.uk. https://www.law.ox.ac.uk/housing-after-grenfell. My early engagement….

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Fire Safety in Private Blocks of Flats: the Problem of Remediation

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  1. Fire Safety in Private Blocks of Flats: the Problem of Remediation Professor Susan Bright, New College, Oxford. 10th June 2019 @suejbright Susan.bright@law.ox.ac.uk https://www.law.ox.ac.uk/housing-after-grenfell

  2. My early engagement…..

  3. Why Mixed tenure retrofit is difficult;Survey of SHPs Published in Energy Efficiency, 2019, Vol 12, pp 157-174

  4. Grenfell

  5. The Scale of the ACM Problem * MHCLG, Building Safety Programme: Monthly Data Release, as at 30 April 2019

  6. No ACM Remediation: Private Residential Buildings • 83 buildings: funding ‘committed’ from building owner or developer or warranty accepted claim • 92 buildings: no commitment • £200 mln fund announced May 2019 • Gvt working with Local authorities to promote remediation – engagement through MHCLG and Joint Inspection Team MHCLG, Building Safety Programme: Monthly Data Release Malthouse letter 19 Feb 2019

  7. The £200 mln fund • Analogous to the £400 mln social fund • Not enough money • Not wide enough scope (not WW, ACM only) • Who will money be given to? • Recovery from those ‘responsible’

  8. Enforcement: The Government’s stated position • Building owners and developers should ‘do the right thing’ • Leaseholders should not have to pay • Support use of Housing Act 2004 powers • Includes financial support for LA to carry out emergency remedial work where necessary • LA to recover costs from building owner

  9. Using Human Rights arguments to compel action/claim damages? “Everyone has the right to life and the right to safe, adequate housing, but the residents of Grenfell Tower were tragically let down by public bodies that had a duty to protect them.” David Isaac, Chair of the Equality and Human Rights Commission EHRC, “Watchdog confirms Grenfell breached human rights law” (13 March 2019)

  10. Is the State accountable using human rights law? • The ‘big picture duty’ of the state “to put in place a legislative and administrative framework designed to provide effective deterrence against threats to the right to life”

  11. Is the state’s response good enough? • Positive obligation to undertake preventive operational measures to protect an individual whose life is imminently at real risk, to respect home life • Are the mitigating measures sufficient as an operational response?

  12. Thanks for listening! @suejbright Susan.bright@law.ox.ac.uk https://www.law.ox.ac.uk/housing-after-grenfell

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