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London Fire Commissioner v Bupa Care Homes (ANS) Ltd.

[2022] EWCA Crim 1508
A care home resident died in a fire. The company was fined because they didn't follow safety rules about smokers and flammable creams. The court said the rules were about general safety, not just individual care, and the fine was fair.

Key Facts

  • Bupa Care Homes (ANS) Ltd (BUPA) was prosecuted by the London Fire Commissioner (LFC) for breaches of the Regulatory Reform (Fire Safety) Order 2005 (FSO) following the death of a resident, Mr. Cedric Skyers.
  • Mr. Skyers died in a fire while smoking outdoors at Manley Court care home, operated by BUPA.
  • BUPA pleaded guilty to one count (failure to make and give effect to appropriate arrangements for fire safety) after an unsuccessful application to dismiss.
  • A Newton hearing was held to determine causation and culpability.
  • The judge found BUPA's breaches, including failure to implement a briefing note about the risks of paraffin-based creams and smoking, causally linked to Mr. Skyers' death.
  • The judge sentenced BUPA to a £937,500 fine and £104,425.42 in costs.

Legal Principles

Responsible person under the FSO must make and give effect to appropriate arrangements for fire safety.

Regulatory Reform (Fire Safety) Order 2005

General fire precautions are measures to reduce the risk of fire, identified through a suitable and sufficient risk assessment.

Regulatory Reform (Fire Safety) Order 2005

Care and treatment of service users must be provided with consent, except where it would breach other regulations.

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

Outcomes

BUPA's appeal against sentence was refused.

The court found the judge's findings of causation and high culpability were justified. The safety precautions were deemed general fire precautions, not solely individual clinical measures requiring consent. BUPA's failures to implement safety measures were significant.

The £937,500 fine was not manifestly excessive.

Serious fire safety breaches warrant severe penalties, especially given the tragic outcome. The judge appropriately considered BUPA's size and financial position.

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