Building and fire safety after Grenfell: the criminal process

Nearly a decade after the Grenfell Tower fire, the question of criminal accountability is still uncertain. In this important new phase, Grenfell is being viewed as a landmark case on corporate criminal liability for systemic safety failures and the extent to which actions or knowledge of senior management of organisations can establish individual and corporate liability. 

In this article, we look at where we are now as regards criminal prosecutions after Grenfell and what to expect.

Status of criminal investigation

The Grenfell Tower Inquiry and related regulatory reforms have intensified scrutiny and accountability of corporates, senior management, safety governance and actions across a range of sectors. While the Inquiry’s Phase 2 Report, published in September 2024, identified extensive failings by a range of organisations and individuals involved in the management and refurbishment of the building, the Inquiry itself was not empowered to determine criminal or civil liability. Those matters remain the responsibility of the Metropolitan Police and the Crown Prosecution Service (CPS).

In May 2026, the Metropolitan Police confirmed that 57 individuals and 20 organisations remain under investigation as suspects. The identities of the suspects have not been publicly confirmed. The remaining investigation files are expected to be submitted to CPS by 30th September 2026, and a decision on whether to charge those under investigation is anticipated before the tenth anniversary of the Grenfell fire, on 14th June 2027.

Potential criminal offences

Potential offences under consideration include corporate manslaughter, gross negligence manslaughter, fraud, health and safety offences and misconduct in public office. Exposure to liability could arise not only from the conduct of those involved but from decision making spanning several years, which may or may not be documented. Much of the criminal investigation scrutiny will relate to decisions made years before the fire.

For corporate manslaughter, any offence will focus on systems, governance and organisational management. Health and safety offences are likely to feature heavily in the prosecution strategy. The statutory duties imposed on employers focus on ensuring safety so far as reasonably practicable. Those offences may be more attractive to prosecutors if there are any difficulties relating to causation or individual responsibility.

The range of organisations potentially exposed to prosecution reflects the complexity of a modern construction project and includes manufacturers of cladding and insulation products; those involved in testing and certification of products; architects, designers and consultants; contractors involved in the refurbishment, tenant management and housing management bodies; and local authorities. 

The chair of the Inquiry, in introducing the final inquiry report, stated a “simple truth” that “the deaths that occurred were all avoidable and that those who lived in the tower were badly failed over a number of years and in a number of different ways by those who were responsible for ensuring the safety of the building and its occupants.” Whilst the Inquiry’s conclusions may be persuasive, CPS must determine for each criminal case, if there is sufficient evidence to provide a realistic prospect of conviction and if it is in the public interest to prosecute. Criminal offences in the UK generally require the relevant elements to be proved beyond a reasonable doubt. CPS will have to establish what happened and who knew what, when concerns were raised, and whether failures went beyond simple mistakes into criminal conduct.

Given the volume of evidence in this case, the number of relevant parties, complexity of the supply chains and the passage of time, it is unsurprising that any criminal charges have taken this long. Even simple health and safety prosecutions can take more than five years to be prosecuted, and the intricacies of the Grenfell tragedy are far from simple. 

Impact of any prosecutions

The prospect of prosecutions remains significant, not only for those directly involved in Grenfell, but also for the wider construction, housing and fire safety sectors. It is expected that the prosecutions will provide guidance on how the courts will approach responsibility across complex supply chains and attribution of criminal liability to corporates; an area where there has been significant legal reform in the UK recently through the Economic Crime and Corporate Transparency Act 2023 and the Crime and Policing Act 2026. The new law does not apply retrospectively to Grenfell; however, it represents a significant change in approach in the UK towards greater senior management accountability and scrutiny of corporate governance and issues that are expected to be at the heart of the criminal process for Grenfell.

Despite public clamour for action and understandable determination for accountability from those sadly affected, the police and CPS continue to manage expectations on the criminal process. It is likely to remain lengthy because of its unprecedented size and complexity. We are some way off seeing any criminal trials with none expected to start until 2028 at the earliest with bigger trials likely to be 2030.

Conclusion

For any organisations and senior management operating in regulated sectors, if not already, it is prudent to consider and reflect on:

• Governance arrangements
• Risk identification and management
• Deferral and escalation procedures
• Human factors and organisation culture
• Safety and environmental management systems and demonstrable oversight

Prosecutors have the difficult task of determining whether any specific individuals and organisations can properly be criminally liable within an exceptionally complex construction and project structure. It is clear, however, that the implications of any prosecutions in Grenfell will reach far beyond the sector. Please do get in touch with our Health, Safety and Corporate Crime team to discuss any issues in this article. We can support governance reviews and assist with risk management, including risk registers as well as any contentious issues.

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