Ministry of Justice
102 Petty France
23 April 2021
Dear David Smith
Freedom of Information Act (FOIA) Request –
210420019 - FOI
Thank you for your request received on 20 April 2021 in which you asked for the following
information from the Ministry of Justice (MoJ):
“Dear Ministry of Justice,
With regards to KT and SH v Secretary of State for Work and Pensions (PIP) 
UKUT 252 (AAC) and that each judge decide cases solely on the evidence presented
in court by the parties and in accordance with the law. And only relevant facts and law
should form the basis of a judge’s decision.
At paragraph 75 UTJ stated "Ms Parker cited evidence that in 2017/2018 there were
263 in-dwelling fire fatalities26, including 71 resulting from the Grenfell Tower fire. (I
pause to note that “72 people were eventually confirmed to have lost their lives”
according to the BBC27.)
Could you please provide this evidence, the date it was submitted and by which party.
At paragraph 96 UTJ stated . I pause with a reminder that the “injury” caused by fire
does not itself have to happen while the claimant is taking the shower or bath; the
injury can happen after completion of the activity, according to the definition of
“safely” in regulation 4(4)(a).
Could you please provide evidence presented by any of the parties, including the date
it was submitted:
- that dressing after showering or bathing was considered
- aids or supervision was more appropriate for bathing activity than dressing and
paragraph 105, bullet 5 UTJ stated "as Mr Fraser said, even a British Standard for
detection and alarm devices for deaf and hard of hearing persons. The one he cited
was entitled “Fire detection and fire alarm devices for dwellings. Specification for
smoke alarm kits for deaf and hard of hearing people (BS 5446-3:2005). That appears
to have been replaced on 28 February
2015 by BS 5446-3:2015, entitled “Detection and alarm devices for dwellings.
Specification for fire alarm and carbon monoxide alarm systems for deaf and hard of
Could you provide evidence presented any party that these smoke alarms can't be
heard while showering or having a bath.
paragraph 149 UTJ stated I find that the claimants each have to remove their hearing
aids to take a shower and to take a bath. I find that each claimant, while taking a
shower and while taking a bath, is unable to hear a typical smoke alarm or typical fire
Could you provide the evidence presented by any party that someone with an
average hearing of 65db without their hearing aids can't hear an average smoke alarm
which is required to sound at 85 decibels from a distance of 3 metres - it will be much
louder at close range. Hearing protection becomes necessary in an industrial
environment at 85 decibels as sustained exposure could result in hearing loss.
Could you provide evidence that neither claimants after running the bath, then taking
their hearing aids out whilst having bath could not hear the smoke alarm as there
would be no running water.”
Your request is being handled under the FOIA.
The MoJ is required under section 10(1) of the FOIA to provide you with a response within
20 working days. Therefore, we aim to provide you a response to your request by 19 May
. However, in view of the current public health situation, and its possible effect on
resources and priorities, we may not be able to reply to you by this date; if this will be the
case we will write to you nearer the time with an update.
Knowledge and Information Liaison Officer
London Regional Support Unit | HM Courts & Tribunals Service