The Bick Inquiry: comprehensive second phase to be published this September

On 4th September 2024, the Grenfell Tower Inquiry is due to publish Phase 2 of its report covering matters including the decisions that led to the installation of a combustible cladding system on the high-rise residential building.

Following the fire in June 2017 an inquiry was set up led by Sir Martin Moore-Bick, a retired judge of the Court of Appeal, to examine the circumstances leading up to and relating to the fire which lead to the loss of 72 lives. Phase 1 of the inquiry covered events on the night of the fire. The conclusions included the fire having spread rapidly due to the use of aluminium composite material cladding with a polythene core. This was highly flammable and not compliant with building regulations. The regulations set the standards for the design and construction of buildings, including to ensure health and safety of those occupying or using buildings.

Arising from the Bick Inquiry, and other post-Grenfell Tower investigations, including those instigated by the construction and development sector, the government has introduced a range of new building safety regulations and changes in the law. These include the Building Safety Act 2022. The 2022 Act gave effect to direct new law concerning building safety, and has resulted in the revision of existing law.

Phase 2 of the Bick inquiry has now concluded. The Phase 2 report when published in September is expected to cover:

• The decisions that led to the installation of a highly-combustible cladding system on the tower, and the wider background against which those decisions were taken
• The evidence relating to the circumstances in which people in the building died
• The warnings given by the local community about potential fire hazards
• The rigour and enforcement of the testing regime for construction materials and cladding systems
• The design and choice of materials used on the building, including an examination of the building regulations and supporting guidance
• Whether fire doors in the building were compliant
• Whether specific fire safety mechanisms in the building worked as intended.

In conclusion, Phase 2 of the Bick Inquiry is likely to have significant consequences for those who made decisions in regard to the Grenfell Tower cladding system prior to the tragedy in 2017. We have reported on the building safety legal and regulatory revisions which have come about since the fire and the implications which apply to contractors, developers and those responsible for building safety. We will continue to monitor the situation and update clients.