Evidence used Judge in KT and SH v SSWP (PIP) [2020] UKUT 252 (AAC)

David Smith made this Freedom of Information request to Ministry of Justice

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Dear Ministry of Justice,

With regards to KT and SH v Secretary of State for Work and Pensions (PIP) [2020] 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 undressing activity

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 hearing people”

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 alarm.

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.

Yours faithfully,

David Smith

LondonKILO, Ministry of Justice

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Dear David Smith,

 

Please see the attached acknowledgement to your request (our reference
210420019)

 

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LondonKILO, Ministry of Justice

1 Attachment

Dear Mr Smith,

 

I would like to apologise for the delay in our response to you. Please see
the attached response to your request (our reference 210420019).

 

Knowledge and Information Officer
Knowledge and Information Liaison Unit | London Regional Support Unit |
3^rd Floor | First Avenue House | 42-49 High Holborn | London | WC1V 6NP |
DX160010 Kingsway 7

Web: [1]www.gov.uk/hmcts

 

Unless a higher marking is specified please treat this email as: OFFICIAL

 

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