East Sussex Fire and Rescue Service is reminding owners of any premises of the importance of complying with fire safety regulations, and the potential consequences of not doing so, after a court case today resulted in a total fine of £124,455 for the Directors of a residential care company.
Mr Thuraisamy Ravichandran (Director and Company Secretary) and Mrs Radha Ravichandran (Director) of Care Pro (Southeast) Limited pleaded guilty to all 12 offences at Brighton Magistrates Court in April 2024, sentencing was deferred to the District Magistrates Judge and held at Brighton Magistrates Court at 10:00 hours on Tuesday 9th July 2024.
On 31 October 2022 East Sussex Fire and Rescue Fire Safety Inspecting officers visited Park Apartments, 14 Egerton Road, Bexhill on Sea, East Sussex and identified the following 4 x Article 32(1)(a) Offences (under The Regulatory Reform (Fire Safety) Order 2005).
- Failed to discharge their duties under Article 8 - Duty to take general fire precautions.
- Failed to discharge their duties under Article 9 - Risk assessment.
- Failed to discharge their duties under Article 13 – Fire-fighting and fire detection.
- Failed to discharge their duties under Article 17 – Maintenance.
On 31 October 2022 East Sussex Fire and Rescue Fire Safety Inspecting officers visited Eden Lodge, 16 Egerton Road, Bexhill on Sea, East Sussex and identified the following 2 x Article 32(1)(a) Offences.
- Failed to discharge their duties under Article 8 - Duty to take general fire precautions.
- Failed to discharge their duties under Article 13 - Fire-fighting and fire detection.
On 2 November 2022 East Sussex Fire and Rescue Fire Safety Inspecting officers visited Park View, 25 Egerton Road, Bexhill on Sea, East Sussex and identified the 3 x Article 32(1)(a) Offences.
- Failed to discharge their duties under Article 8 - Duty to take general fire precautions
- Failed to discharge their duties under Article 9 - Risk assessment
- Failed to discharge their duties under Article 13 - Fire-fighting and fire detection
On 3 November 2022 East Sussex Fire and Rescue Fire Safety Inspecting officers visited Beau Lodge, 7 Jameson Road, Bexhill on Sea, East Sussex and identified the following 3 x Article 32(1)(a) Offences.
- Failed to discharge their duties under Article 8 - Duty to take general fire precautions.
- Failed to discharge their duties under Article 9 - Risk assessment.
- Failed to discharge their duties under Article 13 - Fire-fighting and fire detection.
In summary, District Judge Szagun, when considering the prosecution sentencing guidelines, upheld culpability to be high and the level of harm to be medium. In her judgement, the Judge explained that the number of vulnerable residents placed at risk due to the defective fire doors and lack of detection and alarms, raised the level of harm a higher level. The Judge added that the owners should have taken the time to understand published regulations and guidance when providing this type of service.
The defendants were fined £27,500, per offence, for four of the offences, with guilty charges upheld for the remaining offences but no separate penalty awarded. This resulted in a £110,000 fine, a £2000 victim surcharge and £12,455 for times and costs.
Area Manager George O’Reilly, head of Fire Safety for East Sussex Fire and Rescue Service stated:
“I would like to thank the Court for their time and deliberations in this matter as well as my legal team and staff for their efforts in bringing this case to a successful conclusion. ESFRS are legally required to enforce the requirements of the Regulatory Reform (Fire Safety) Order 2005. We take this responsibility seriously and we will not hesitate to take legal action against anyone responsible for placing people at risk of death or injury from fire due to their failures to meet the requirements of this legislation.”
Group Protection Legislation and Enforcement Manager Craig Williams said:
“The fire service considers this one of the most serious cases we have ever prosecuted due to a number of offences found in various premises operated by the Company,” he further added “The fine handed down by the court today reflects the serious nature of the offences. Owners and those responsible for any premises where the Fire Service find fire safety contraventions are reminded of the potential consequences, including unlimited fines and potential custodial sentences.”
Further advice and guidance:
Legislative changes to the Regulatory Reform (Fire Safety) Order 2005 (‘the Fire Safety Order’) brought in through the Building Safety Act 2022, require all Responsible Persons to carry out and record a fire risk assessment considering the risks from fire to all persons legally on or in the vicinity of the premises.
The requirements apply to all non-domestic premises, such as where people work, visit, or stay, including workplaces, and the non-domestic parts of multi-occupied residential buildings (e.g. communal corridors, stairways, plant rooms).
Further support and information can be found on the East Sussex Fire & Rescue Service website at: www.esfrs.org/fire-safety-legislation
Other useful links