Lancashire Fire and Rescue Service (LFRS) has successfully prosecuted a supported living care provider for failing to comply with the Regulatory Reform (Fire Safety) Order 2005, which put the lives and safety of tenants at risk.
The care provider, Potensial Limited, pleaded guilty to two breaches on Burnley Road, Colne, BB8 8LA.
On 30 July 2019, Lancashire Fire and Rescue Service (LFRS) attended an incident of arson at the property in Colne. Sadly, one of the three residents of the property passed away due to the fire. Another resident suffered smoke inhalation and was admitted to hospital for two weeks.
LFRS' inspecting officers attended the premises on the 1 August 2019 and identified serious fire safety deficiencies within the premises.
These included deficiencies with protected escape routes, the automatic fire alarm system, management of the premises and the presence of a suitable and sufficient fire risk assessment.
On the 3 September 2024, Potensial Limited pleaded guilty to:
Failure to take such general fire safety precautions so as to ensure the safety of residents and staff.
Failure to make a suitable and sufficient fire risk assessment.
These breaches posed a serious threat to the life and safety of the residents, staff and anyone else who visited the premises. As a result, Lancashire Fire and Rescue Service prosecuted Potensial Limited for a failure to comply with the Regulatory Reform (Fire Safety) Order 2005 which is believed to be the first time that a supported living care provider has been prosecuted.
On Friday, 24 January 2025, sentencing took place at Preston Crown Court, where Potensial Limited was awarded the following.
A fine of £135,000
Costs of £18,705
Victim surcharge to be calculated
Ian Armistead, Protection Department Group Manager for Lancashire Fire and Rescue Service, said:
“Potensial Limited is the responsible person for these premises, and as such they have a legal duty to ensure that people who use their premises are provided with a safe environment. This prosecution should serve as a reminder to anyone with responsibility for fire safety to ensure the standards of their properties are kept within the requirements of the law and their legal duties.
“In our constant drive to make Lancashire safer, our fire safety enforcement teams are always actively seeking out other dangerous premises. In this instance the consequences of the deliberate fire, led to the loss of life. The Service then conducted an investigation, which in turn resulted in a prosecution for those responsible for the premises under the Fire Safety Order.
“Lancashire Fire and Rescue Service will always work with those willing to address fire safety issues and businesses can be assured that we will continue to support them in complying with the Fire Safety Order.
“Our website contains lots of advice and guidance on how to comply with your legal duties.”
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