A trial over alleged fire safety breaches by four firms – including a Morgan Sindall subsidiary – following a huge blaze at a retirement village has collapsed after less than two days.
Cheshire Fire and Rescue Service (CFRS) said it was withdrawing its case, which was being heard at Chester Crown Court, as there was “no realistic prospect of securing convictions”.
The trial centred on a fire at Beechmere retirement village (pictured), in Crewe, which tore through the building in August 2019. The timber-framed complex, which housed around 150 residents, was destroyed in the blaze, but no lives were lost.
CFRS had brought prosecutions under the Regulatory Reform (Fire Safety) Order 2005 following what it called a “long and complex investigation”.
However, in a statement yesterday, Alex Waller, Cheshire’s chief fire officer, said: “Following extensive legal submissions heard over the first two days of the trial, unfortunately it became clear that there would be no realistic prospect of securing convictions.
“After carefully considering legal advice, regrettably we have taken the very difficult decision to withdraw our prosecution case against all four defendants.”
The trial had been expected to last up to 10 weeks.
The four companies on trial were:
- Avantage (Cheshire), a subsidiary of housing association Your Housing Group, which was contracted to procure the design, build and finance of Beechmere, and operate the village
- Your Housing, the housing association which employed staff at Beechmere and was the ‘responsible person’ for fire safety measures, as defined by Article 3(a) of the Fire Safety (Regulatory Reform) Order 2005
- Morgan Sindall Property Services, the facilities-management subcontractor to Avantage, which had responsibility for responsive repairs and cyclical maintenance
- Total Fire Group (TFG), the fire safety consultancy that was contracted to carry out fire risk assessments at Beechmere in August 2017 and August 2018
The four companies, all of which pleaded not guilty, faced a total of 14 charges between them. They were charged in 2023.
Last October, six charges against roofing contractor MAC Roofing were dropped and two against engineering giant WSP UK were dropped in February this year.
In the case against Morgan Sindall Property Services, the fire service had alleged the firm had failed “to take measures to prevent the spread of fire in the premises” and failed to review a 2009 fire risk assessment that identified defective doors to the smoke shaft.
It also alleged that Morgan Sindall Property Services had failed to “inform the roofing contractor of [the] timber-framed construction of premises”.
Morgan Sindall declined to comment on the case being withdrawn.
TFG told Construction News: “We are delighted to announce that Cheshire Fire and Rescue Service have finally dropped the case against Total Fire Group Ltd and all the remaining defendants. The prosecution offered no evidence and not-guilty verdicts were returned by the court.
“We remain mindful of the impact that this fire had on the residents of Beechmere.
“TFG has always maintained that it acted professionally and properly and always in compliance with the Fire Safety Order. By dropping the case, CFRS and the court have recognised this.”
Your Housing Group said the safety of its residents was its “number one priority”.
“We have always maintained that we were not guilty of the charges which were brought against us and welcome the decision by Cheshire Fire and Rescue Service to withdraw its prosecution of all charges against Your Housing Limited and Avantage, which led the court to record a not guilty verdict on all charges.
“We will continue with our plans to deliver great homes and services to the people living across our communities.”