UK Inquiry Tracker

Wade Patel

PFD Report All Responded Ref: 2014-0434

Date of Report 9 October 2014

Coroner Donald Coutts-Wood

Coroner Area Leicester City & South Leicestershire

Response Deadline est. 4 December 2014

Other related deaths

Judiciary.uk Report PDF

All 1 response received · Deadline: 4 Dec 2014

Coroner's Concerns (AI summary)

Outdated glass in older rented properties poses a significant safety risk as there is no legal requirement for landlords to proactively check or replace it unless it breaks or during refurbishment.

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In the circumstances it is my statutory duty to report t0 you. The glass in the door is likely to have been (he original glass, the property having been built in the 1930's For obvious reasons Ihe glass did not comply, from & safety viewpoint with curreni legislation including building regulations Much of our housing stock will be of similar age; or older than significant proportion of that stock will be rented . My understanding is that there is no legal requirement for a landlord or letting agent; to look specifically at safety of glass in a property. further understand, for example, that there is recent legislation that enhances gas safety_requiring regular checking and recording of the checks by suitably Jlified person: It therefore seems that such glass only be replaced either in the process of a refurbishment of the property (thereby complying with current building regulations) , or when the glass breaks and requires replacement Clearly, in this case, the breakage of the glass resulted in the death of Mr Wade Patel.

Responses

Department for Communities Local Government Central Government

9 Oct 2014

Noted
The Department for Communities and Local Government acknowledges the concerns regarding glazing safety but notes that Building Regulations only apply to new building work and extensions. It outlines the duties of landlords and the powers of local authorities to tackle poor-quality accommodation. (AI summary)

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Brandon Lewis MP Minister of State for Housing and Planning Department for Department for Communities and Local Communities and Government Local Government 4th Floor; Fry Building 2 Marsham Street London SWIP 4DF Tel; Fax: D $ Coutts-wood E-Mail HM Coroner for Leicester & South WWW gov ukldclg Leicestershire Leicester Council Our Ref; Town Hall Your Re LCi Town Hall Square Leicester 19 JAM 2015 Leicestershire 5 JAn LEI 9BG FiV-D rzr REGULATION 28 REPORT TO PREVENT FUTURE DEATHS Thank you for your letter of 9 October 2014, enclosing your report under Regulation 28 following your inquest into the death of Mr Wade Dahyabhai Patel whose death was caused by injuries sustained from breakage of glass resulting from a collision with a glazed door. am replying as Minister for Housing am sorry for the delay in replying: was sorry to hear about the death of Mr Patel and would like to offer sympathy to his family and friends In your letter, suggest that the Department for Communities Local Government may be able to take steps to prevent incidents of this nature occurring in the future. You will appreciate that cannot comment on the specific issues raised by this case as am not in possession of the full facts. However, have set out below a general description of the scope of Building Regulations relevant to this matter the duties of landlords and local authorities in respect of property standards. Part K (Protection from collision, falling and impact) of the Building Regulations sets out a range of requirements t0 ensure that glazing is installed in a way which makes reasorabie provision for safety, particularly in vulnerable locations such as doors, and in order that where does break it does so safely: This dloes not absolutely preclude the risk of injury from glazing but does significantly reduce the Iikely severity of those injuries However, the Building Regulations only apply where building work takes place, typically the erection or extension of a building the Building Act 1984 does not provide for the retrospective application of current standards to existing buildings. The Regulations therefore will not require that existing doors be made to comply with current standards_ unless building work subject to the Regulations is carried out to the part of the building in question: Requiring old buildings, designed and built with very different standards in mind, to meet the most modern Building Regulation requirements would have major implications for Esq City City ne 2015 very every and you and glass and

the existing building stock and the government has no plans to change the application of Building Regulations in this respect, Landlords have a common law duty to take reasonable care to ensure that a furnished dwelling is safe to be lived in. The Defective Premises Act 1972 also places a duty on landlords to take reasonable care to ensure that their tenants, or any other person likely to be affected , are reasonably safe from personal injury caused by a defect which exists at or after the time a tenancy was entered into and is due to an act or omission by the landlord which, had the landlord known about the defect, could have been rectified by maintenance or repair: The quality of privately rented housing has improved rapidly over the past decade, and levels of satisfaction compare well to other tenures. However, a small minority of properties in the sector are in poor condition. Tenants have a right to in safe and well maintained homes and Iocal authorities have strong powers to tackle poor quality accommodation in their area We expect them t0 use those powers if necessary: Where a serious hazard is identified , the local authority must take appropriate action, This can include formal action such as issuing an improvement notice requiring the owner to make improvements to the property, banning the use of the whole or of a dwelling or taking emergency action to fix the hazard where there is an immediate risk to health and safety. Local authorities use the Housing Health and Safety Rating System (HHSRS) to asses risks and guidance is available to landlords to help then identify risks and take remedial action The HHSRS guidance includes collisions with doors as a hazard The government has no plans to change the HHSRS am grateful to you for bringing the sad circumstances f Mr Wade Dahyabhai Patel's death to my attention and for the opportunity to set out the Government s position on these matters. BRANDON LEWIS MP live part

Sent To

Department for Communities and Local Government

Response Status

Linked responses 1 of 1

56-Day Deadline 4 Dec 2014

All responses received

About PFD responses

Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.

Source: Courts and Tribunals Judiciary

Report Sections

Investigation and Inquest

On 12" July 2012 commenced an investigation into the death of Wade Dayabhai Patel, aged 26 years. The investigation concluded at the end of the inquest on 8" October; 2014. The conclusion of the inquest was narrative conclusion which indicated there was insufiicient evidence to ascertain the circumstances of how he came t0 fall through glass door at his home address, where he lived with his sister the tenant of the property . The medical cause of death was: 1a Haemorrhage from incised wounds to the back of both legs.

Circumstances of the Death

Mr Patel was found in the hallway of the address, lying close to an inner door that he had fallen through. The glass from that door had caused the injuries to his legs, these injuries leading t0 death;

Action Should Be Taken

In my opinion action should be taken t0 prevent future deaths and believe you and your organisation have the power to take such action;