PFD report

William Erskine · Prevention of Future Deaths report

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Issued 17 Apr 2024•Manchester South

Report record

Published report and response evidence

This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.

View original report
Concerns
2

Raised in this report

Recipients
1

Named on the report

Responses found
1

Of 1 recipient

Stated actions
3

Described in responses

Source document

Full report text

This is the full text from the original published report.

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Concerns and recipient responses

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Report evidence summary

Concerns raised2

  1. Lack of a requirement to retrofit fixed window restrictors to existing windows
    Part of recurring concern: Inadequate window fall-prevention controls in residential accommodation
  2. Lack of Building Regulations requiring fixed window restrictors on opening windows in high-rise residential buildings
    Part of recurring concern: Inadequate window fall-prevention controls in residential accommodation
Responses linked to these concerns

Each statement is shown once, even when linked to more than one concern.

Actions described in response An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.1

  1. Action

    Review the Decent Homes Standard, including whether to include specific measures on window restrictors.

    Stated by Rt Hon Angela Rayner MPStated in progressThe respondent said that this action was in progress when they made their response on 29 April 2024.

Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.4

  1. Position

    Building Act and Building Regulations powers are not retrospective and cannot require existing buildings to be modified or their layouts changed.

    Stated by Rt Hon Angela Rayner MPUnable to actThe respondent said that a constraint prevented them from taking the relevant action.

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Lack of a requirement to retrofit fixed window restrictors to existing windows

Wider context from the report

“In the course of the evidence before the court, it was established that, whilst the windows in Mr Erskine’s flat were fitted with locks and dual-position window restrictors, the relevant restrictors can be released enabling the window to fully rotate within the frame (nominally to enable the resident to clean the glass). The degree to which the windows can be opened is therefore not restricted in the same way as if fixed window restrictors were fitted. 1. It is a matter of concern that, aside from certain buildings designed for educational or healthcare use, or provided for vulnerable adults, current Building Regulations do not require fixed window restrictors to be fitted to opening windows in high-rise residential buildings; and 2. In relation to windows of the type and design in use in Stretford House, there is no current requirement to retro-fit fixed window restrictors. ”

Is this part of a recurring concern?

Yes — Inadequate window fall-prevention controls in residential accommodation.

Open source report

Source evidence

How this individual concern was interpreted

PFD Monitor created a concise, searchable interpretation from the report wording shown below. Response links show a clear evidence connection; they do not assign responsibility.

PFD Monitor interpretation

Lack of Building Regulations requiring fixed window restrictors on opening windows in high-rise residential buildings

Wider context from the report

“In the course of the evidence before the court, it was established that, whilst the windows in Mr Erskine’s flat were fitted with locks and dual-position window restrictors, the relevant restrictors can be released enabling the window to fully rotate within the frame (nominally to enable the resident to clean the glass). The degree to which the windows can be opened is therefore not restricted in the same way as if fixed window restrictors were fitted. 1. It is a matter of concern that, aside from certain buildings designed for educational or healthcare use, or provided for vulnerable adults, current Building Regulations do not require fixed window restrictors to be fitted to opening windows in high-rise residential buildings; and 2. In relation to windows of the type and design in use in Stretford House, there is no current requirement to retro-fit fixed window restrictors. ”

Is this part of a recurring concern?

Yes — Inadequate window fall-prevention controls in residential accommodation.

Open source report

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Review the Decent Homes Standard, including whether to include specific measures on window restrictors.

Verbatim wording from the response

“Social housing must also meet the Decent Homes Standard. This sets out that social homes must be free from dangerous category 1 hazards, free from disrepair, have modern facilities and provide a reasonable degree of thermal comfort. The Regulator of Social Housing regulates the Decent Homes Standard in the social rented sector through its consumer standards, including the Safety and Quality Standard. The Government is committed to applying a Decent Homes Standard to the private rented sector for the first time through the Renters’ Rights Bill and we are reviewing the Decent Homes Standard to make sure that it is fit for purpose in setting the minimum standards that all rented homes must meet. This will include consideration of whether specific measures on window restrictors should be included in the Decent Homes Standard.”

Source location

Response from Ministry of Housing
Page 2 · response
Published 29 April 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Building Act and Building Regulations powers are not retrospective and cannot require existing buildings to be modified or their layouts changed.

Verbatim wording from the response

“Powers in the Building Act and the Building Regulations are not retrospective however and cannot require an existing building to be modified or change its layout.”

Source location

Response from Ministry of Housing
Page 2 · response
Published 29 April 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Permanent window restrictors may conflict with ventilation, overheating mitigation, structural resistance and fire-escape requirements.

Verbatim wording from the response

“Permanent window restrictors installed in dwellings to mitigate risk from falling from height could conflict with other requirements in Building Regulations, which may include providing adequate ventilation, mitigating overheating, resistance to lateral forces and, in two storey buildings, means of escape in the event of a fire. If mitigation of a risk from falling were reliant on guarding only, a permanent obstructing barrier such as a wall, suitably designed balustrade or glazing might be the most appropriate method of meeting Building Regulations.”

Source location

Response from Ministry of Housing
Page 3 · response
Published 29 April 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Current housing standards and Building Regulations are considered proportionate and sufficient, so no additional regulatory measures are needed at this time.

Verbatim wording from the response

“For tenants in existing buildings, risks of falls should be captured by existing housing standards, including the Housing Act 2004 and, for social housing tenants, the Decent Homes Standard, which I have described below. Changes introduced by the Social Housing (Regulation) Act 2023 (Awaab’s Law) will also place a duty on social landlords to address hazards in homes in set timeframes; the Government is committed to bringing forward secondary legislation to bring Awaab’s Law into force in the social rented sector. The Renters’ Rights Bill will also apply both the Decent Homes Standard and Awaab’s Law to the private rented sector for the first time, which will mean that tenants in this type of accommodation will benefit from similar protection and redress.”

Source location

Response from Ministry of Housing
Page 2 · response
Published 29 April 2024

Open published response

Source evidence

How this respondent position was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

The Building Safety Regulator is responsible for reviewing protection-from-falling provisions and relationships between Building Regulations and their application limits.

Verbatim wording from the response

“In 2022, a more stringent building safety regime was introduced overseen by the new Building Safety Regulator (BSR). The BSR has a statutory responsibility under the Building Safety Act 2022 to keep the safety of people in or about buildings, and the standard of buildings, under review and to make recommendations for improving standards to drive continuous improvement in the performance of all buildings to ensure the safety of occupants. Notwithstanding the processes already in place that I have set out above, it would be appropriate for the BSR, as part of its continuous review work, to consider how Building Regulations and Approved Documents ensure protection from falling; and to look at coherence and the relationships between different elements of the Building Regulations and the extent of limits of application.”

Source location

Response from Ministry of Housing
Page 3 · response
Published 29 April 2024

Open published response

Other statements in published responses

These actions and other statements could not be clearly connected to one concern in this report.

Recipient-stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.2

  1. 1

    Apply the Decent Homes Standard and Awaab’s Law to the private rented sector through the Renters’ Rights Bill.

    Stated by Rt Hon Angela Rayner MPStated plannedThe respondent said that this action was planned when they made their response on 29 April 2024.
  2. 2

    Bring forward secondary legislation to bring Awaab’s Law into force in the social rented sector.

    Stated by Rt Hon Angela Rayner MPStated plannedThe respondent said that this action was planned when they made their response on 29 April 2024.

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Apply the Decent Homes Standard and Awaab’s Law to the private rented sector through the Renters’ Rights Bill.

Verbatim wording from the response

“For tenants in existing buildings, risks of falls should be captured by existing housing standards, including the Housing Act 2004 and, for social housing tenants, the Decent Homes Standard, which I have described below. Changes introduced by the Social Housing (Regulation) Act 2023 (Awaab’s Law) will also place a duty on social landlords to address hazards in homes in set timeframes; the Government is committed to bringing forward secondary legislation to bring Awaab’s Law into force in the social rented sector. The Renters’ Rights Bill will also apply both the Decent Homes Standard and Awaab’s Law to the private rented sector for the first time, which will mean that tenants in this type of accommodation will benefit from similar protection and redress.”

Source location

Response from Ministry of Housing
Page 2 · response
Published 29 April 2024

Open published response

Source evidence

How this respondent action was interpreted

PFD Monitor created a concise, searchable interpretation from the published response wording shown below.

PFD Monitor interpretation

Bring forward secondary legislation to bring Awaab’s Law into force in the social rented sector.

Verbatim wording from the response

“For tenants in existing buildings, risks of falls should be captured by existing housing standards, including the Housing Act 2004 and, for social housing tenants, the Decent Homes Standard, which I have described below. Changes introduced by the Social Housing (Regulation) Act 2023 (Awaab’s Law) will also place a duty on social landlords to address hazards in homes in set timeframes; the Government is committed to bringing forward secondary legislation to bring Awaab’s Law into force in the social rented sector. The Renters’ Rights Bill will also apply both the Decent Homes Standard and Awaab’s Law to the private rented sector for the first time, which will mean that tenants in this type of accommodation will benefit from similar protection and redress.”

Source location

Response from Ministry of Housing
Page 2 · response
Published 29 April 2024

Open published response
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Information checked against the published report and official responses · Data reviewed 7 Sep 2026 · About data quality and limitations

Official responses located
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Data last updated 7 September 2026