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Steve.

Dealing with a prohibition

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We were served with a prohibition and asked to install 

new fire doors 

L2 alarm 

emergency lighting 

 

we completed all but they are refusing to lift the prohibition.   I understand we can appeal within 21 days but what’s the process of appealing after that.  The issue is we feel we have completed the required work. 

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If you don't appeal within the set period there is no provision for further appeals within the fire legislation.

You need to appeal on the basis that the serious risk to relevant persons is no longer present and so the grounds for continuing prohibition are passed. Where an appeal is brought against a prohibition notice, the bringing of the appeal does not have the effect of suspending the operation of the notice, unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).

However there must be some reason why they think your remedial action hasn't removed the risk - have you done everything they asked (including a suitable and sufficient FRA although a lack of this alone wouldn't be grounds to prohibit)? If you have they may be of the opinion that the works are not suitable and sufficient (who did the work? Sadly they are a lot of companies/individuals that do fire safety related stuff that have poor workmanship such that the efficacy of their work is doubtful)

If there is a disagreement on which technical solution to the breaches to use you can apply for a determination from the Secretary of State.

Whatever you do, however tempted, do not breach the notice. It's an offence in itself, a criminal prosecution is almost inevitable and on conviction courts are happy to levy high fines and cost awards (& usually do) and custodial sentences (suspended or actual) are more common than you think, particularly if there was a serious risk still present at the time of the breach.

However none of this is legal advice and may not be accurate to your particular case - you need a specialist law firm https://www.blackhurstbudd.co.uk/fire-safety-law/

 

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