As a health and safety consultancy, the Grenfell Tower fire is never far from our thoughts. It was a truly devastating disaster and is relevant to us on a daily basis.
On the 19th May, nearly nine years after the fire which claimed 72 lives in June 2017, we saw the clearest indication of forthcoming prosecutions for Corporate Manslaughter and Gross Negligence Manslaughter. Those of you who have attended our IOSH Leading Safely course will be familiar with these offences. Let’s look at these offences and the organisations who may be charged.
Corporate Manslaughter
Corporate manslaughter (Corporate Manslaughter and Corporate Homicide Act 2007) applies where an organisation’s gross management failures lead to a person’s death. The offence focuses on systemic failings rather than individual blame. In the Grenfell Tower story, there are several categories of organisation who may be charged with this offence:
Manufacturers:
These three manufacturers are repeatedly described by the inquiry as having engaged in “systematic dishonesty” in relation to fire performance.
Arconic Architectural Products (AAP)
- Manufactured the Reynobond 55 PE ACM cladding panels
- Inquiry found it “deliberately concealed” fire risks
Kingspan Insulation Ltd
- Supplied K15 insulation boards
- Criticised for misleading marketing and safety claims
Celotex Ltd (then owned by Saint‑Gobain)
- Supplied most of the tower’s insulation
- Found to have engaged in misleading testing and certification practices
Construction Companies:
These organisations were responsible for delivering the refurbishment works.
Rydon Maintenance Ltd
- Main contractor for the 2015–16 refurbishment
- Held overall responsibility for the project delivery
Harley Facades Ltd
- Specialist subcontractor responsible for design and installation of the cladding system
CEP Architectural Facades
- Fabricator of the cladding panels (cutting ACM into cassette form)
Architects, consultants and subcontractors:
These organisations played professional advisory or design roles.
Studio E Architects Ltd
- Lead architect for the refurbishment design
- Criticised for inadequate understanding of fire safety obligations
Exova (UK) Ltd
- Fire safety consultant / fire engineer
- Produced fire strategy reports for the project
Building management and public bodies:
Kensington and Chelsea Tenant Management Organisation (KCTMO)
- Managed Grenfell Tower on behalf of the council
- Responsible for maintenance and procurement of refurbishment
Royal Borough of Kensington and Chelsea (RBKC)
- Owner of the building and building control authority
- Signed off regulatory compliance
Testing, certification and regulatory bodies:
These organisations are relevant to allegations of systemic failure but are seen as less likely to be charged with a corporate manslaughter offence.
Building Research Establishment (BRE)
- Conducted fire testing on materials
British Board of Agrément (BBA)
- Issued certification for construction products
Local Authority Building Control (LABC)
- Approved certain materials and compliance routes
Gross negligence manslaughter
Gross negligence manslaughter applies to individuals where:
- A duty of care is owed
- That duty is breached
- The breach is “grossly” negligent
- The breach causes death
Investigators have indicated that gross negligence manslaughter is being considered for individual suspects but for legal reasons, they will not be named until charges are brought, as this could prejudice the case. The types of individuals potentially facing a charge of Gross Negligence manslaughter are:
| Potential Individuals Facing Investigation |
|---|
| Senior managers and directors in construction/refurbishment companies |
| Project managers and contract managers overseeing works |
| Architects and lead design professionals |
| Fire safety engineers and consultants |
| Technical managers and compliance leads at product manufacturers |
| Site managers and installation supervisors (e.g. cladding/facade works) |
| Senior housing and building management officials (e.g. tenant management organisations, local authority officers) |
| Building control officers and regulatory approval / certification professionals |
How are these 2 offences different?
Let’s look at the differences between corporate manslaughter and gross negligence manslaughter.
| Corporate Manslaughter | Gross Negligence Manslaughter | |
| Who is liable? | Organisations (companies, public bodies) | Individuals (people) |
| Legal basis | Corporate Manslaughter and Corporate Homicide Act 2007 | Common law (case law) |
| Core focus | Systemic / management failure | Personal negligence |
| Individual control | No need to prove a single “guilty mind” (Mens rea) | Requires proof of gross negligence by the individual |
| Duty of care | Owed by organisation | Owed personally by defendant |
| Breach | Caused by how senior management organised activities | Personal breach of duty by the defendant |
| Causation | Organisation’s failure caused death | Individual’s breach caused death |
| Standard of fault | “Gross breach” judged by jury | “Gross negligence” (very high threshold) |
| Penalty | Unlimited fine, remedial/publicity orders | Prison sentence (up to life), fines |
| Examples of defendants | Construction company, council, manufacturer | Architect, engineer, site manager, official |
For both offences, the cases will be complex and will take time. It will certainly be over a decade since the fire before the first case comes to court. We will, of course keep you updated as new information comes to light.
Fire safety competence and leadership cannot be overlooked
One of the clearest themes to emerge from the Grenfell Tower Inquiry has been the repeated failure of organisations and individuals to properly understand, challenge and manage fire safety risks.
From designers and contractors to consultants and senior decision-makers, the inquiry identified serious shortcomings in competence, communication and oversight. In several cases, organisations were criticised for inadequate understanding of fire safety obligations, while others were found to have relied too heavily on assumptions, incomplete information or ineffective compliance processes.
For businesses operating in construction, facilities management, housing or refurbishment, the message is clear: fire safety and health & safety responsibilities must be actively managed at every level of an organisation.
At HCS Safety, we support organisations across Southampton and the South Coast with practical health and safety advice, IOSH training, fire safety support and competent person services designed to help businesses meet their legal obligations and develop stronger safety cultures.
Our IOSH Leading Safely training in particular helps directors and senior managers better understand their responsibilities, legal accountability and the importance of embedding safety into organisational decision-making, lessons that are highly relevant in light of the Grenfell prosecutions.
If your organisation would like support with fire safety, compliance or leadership training, contact HCS Safety to speak with our team.
