I didn't know Mr Henry Boddy, 61 who had lived somewhere in Bridgeway Street,
St Pancras and Somers Town [ward] London borough of Camden NW1 1QT
when on 4 November 2020 a fire started inside his flat which ended his life.
[update 12 oct 2023 - Seems that Origin Housing Association is landlord for blocks of flats in Bridge Street NW1 Camden council is the Enforcing authority under section 5 of the Housing Act 2004]
LFB is also responsible for carrying out fire safety assessments and issuing enforcement notices etc even to local councils as is the case HERE with Brent council
A coroners Prevention of Future Deaths report HERE
says "The condition of his flat had previously been recognised to pose a fire risk, owing to the accumulation of a fire load because of hoarding behaviour. This had been ongoing for many years."
"I was satisfied that the London Borough of Camden have taken or are taking steps to address the matters of concerns raised."
Then "However, one issue remained unaddressed, as it relates to matters outside of the council’s control. I heard evidence that statutory powers do not exist to address concerns regarding fire risk as a consequence of hoarding, in a residential property.
A witness from the council set out that fire safety issues can only be addressed through contemporaneous enforcement of Environmental Health powers, under legislation intended to address infestation" [my emphasis's]
Surely this isn't so I thought: they do have statutory powers to [sensitively] deal with the man and the hoarding problem
The housing-ombudsman.org.uk website says under
" Health and safety inspections by local authorities
The Housing Act 2004 HERE
The Housing and Health and Safety Rating System [England] Regulations 2005 HERE
There is also such things as guidance about how to deal with hoarding behaviour
Nov 2016 https://www.essexsab.org.uk/media/1890/doc-set-hoarding-guidance.pdf
update 25 Sept 2022
I forgot to add the reply from Central Government to the PFD report sent to them HERE
direct link HERE
27 August 2021
Dear Richard,
Regulation 28: Report to prevent future deaths
I refer to your report (dated 2 July 2021) provided in accordance with your duty under paragraph 7, Schedule 5 of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013, following your inquest into the very sad death of Mr Henry Boddy.
,,,,,,,,,,,,,,,,,, Your report also raises concerns regarding the fire risks as a consequence of hoarding in Mr Boddy’s home and about a potential gap in enforcement powers with regards to the risks of a fire load arising from hoarding behaviour
''''''''''' Local Fire and Rescue Authorities (FRAs) are the enforcing authority for the majority of buildings to which the FSO applies, including for the common parts of residential buildings. FRAs are operationally independent to Government and decisions on compliance and enforcement of the FSO rests with them. FRAs exercise their discretion when exercising their powers to take enforcement action.
When undertaking an inspection and becoming aware of hording behaviour an FRA could foreseeably decide that such behaviour by a resident posed serious fire safety risk to them and other residents including their means of escape in the event of a fire
.......... Therefore, a more appropriate and proportionate approach for addressing fire safety risks as a result of hoarding could be a multi-agency approach working towards a long-term solution, rather than enforcement. This could include, for example, local authorities, FRAs and social services work collaboratively to ensure that individuals with hoarding behaviour have the right level of support and ensure that the fire safety risks are reduced.
FRAs may also raise safeguarding referrals following a Safe and Well visit, where they believe a resident is at risk from neglect or abuse in line with the Care Act 2014. This includes referrals for self-neglect following significant changes to the Care Act 2014 which now include self-neglect under the legal definition of abuse or neglect relevant to individuals with care and support needs.
update 13 Oct 2023
I've been looking over the Housing Act 2004 again in regards to Housing Standards - about the cateorgies of hazards and about the Enforcement of these housing standards.
This is what the Coroner Richard Brittain says in his PFD's report:
Mr Boddy died form the consequence of a fire at his own residence. This arose from recognised risks, on the background of health conditions from which he suffered.
This had been ongoing for many years.
The condition of his flat had previously been recognised to pose a fire risk, owing to the accumulation of a fire load because of hoarding behaviour. [my strikeout and emphasises]
Multiple concerns had been raised about this risk and steps taken to address it.
However, his hoarding behaviour continued and the risk recurred.
Much of the evidence I heard at the inquest related to steps taken or not taken, in order to address these ongoing risks
I was satisfied that the London Borough of Camden have taken or are taking steps to address the matters of concerns raised.
There were missed opportunities to address these risks but that does not amount to neglect.
However, one issue remained unaddressed, as it relates to matters outside of the council’s control.
I heard evidence that statutory powers do not exist to address concerns regarding fire risk as a consequence of hoarding, in a residential property.
A witness from the council set out that fire safety issues can only be addressed through contemporaneous enforcement of Environmental Health powers, under legislation intended to address infestation
In this circumstance, Environmental Health officers did not attend the property nor address concerns about infestation with rodents, as it was (in retrospect inappropriately) felt that there was insufficient evidence provided.
So to recap what RB the coroner said: The hoarding problem had been ongoing for a number of years and despite some intervention by authorities, they where unsuccessful in implementing legal methods that eased/eradicated the problem.
RB heard evidence from council witness that they have no legal powers of enforcement to put right fire risks, due to hoarding in residential properties, and that the only enforcement powers they have is to do with infestation.
Because of this Environmental Officers did not do an inspection of Mr Boddys flat.
The report doesn't mention a landlord, but I think it is Origin HA, who either
a] via the yearly gas safety inspections social landlords have to by law carry out on all of their dwellings, where informed about the hoarding thus serious fire risk in Mr Boddy's flat,
b] LFB being called out to the flat prior to the fatal fire of 4 Nov 2020, or some other reason to which they reported back to the landlord and possibly Camden Council as Housing Authority.
In regards to the Enforcement powers contained within the Housing Act 2004, I found in Chapter 1, section 4 what appears to be badly written, ridiculous even legislation and how it got passed is beyond my knowledge/understanding.
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The error is a follows:
3 "in this section an "official complaint" means a complaint in writing made by -
(a) a justice of the peace having jurisdiction in any part of the district, or
(b) the parish or community council for a parish or community within the district.
The LB of Camden doesn't have a parish or community council and what is it with the JP part, it doesn't make sense to me. Surely it should be someone from the fire authority, or the landlord even if not able to sort the problem out or even concerned others.
17 Dec 2023
End note
This case had confused me for some time but I think I know have a clearer view of it:
All three public bodies , the landlord, the local housing authority and the fire safety body where equally responsible for not taking the correct action - to have prevented the death of Henry Boddy - maybe mental health services could have been involved?
Maybe it was an Adult Safeguarding case, that wasn't passed on to the appropriate bodies, because Mr Boddy wasn't a priority?
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