Roy Lawton

Dear Mr Haigh INQUEST INTO THE DEATH OF MR ROY FREDERICK LAWTON Response to Report to Prevent Future Deaths dated 9 December 2016 (the "Report") ) auewriting %r behalf of Marks and Spencer plc ("M&s") in response to the Report which followed inquest Into the death of Mr Frederick Lawton on 22 November 2016 (the "Inquese ) the Wereyov a arhould be %rateful # you would send our sIncere condolences to Mr Lawtons family were not aware of Mr Lawton's death or the Inquest until we read about it in the 25 We 2016 , Accordingly, this Is the first appropriate opportunity we haveabadto press on November family: We very much hope that your investigation into convey our sympathies to his risks will bring them some comfort, any steps which can be taken to minimise future ord drolerecandingaioo the Reportis that the evidence at Inquest showed that Mr Lawton fell asleep ad dropped his cigar o t0 his M&s dressing gown (the "Gown") which resulted In fire sets out your concern; which we understand is based on (he evidence Report Codali Community Fire Statlon (the"Fireninvesdgedoon aet08 dequesgivrea bra Gown Lawton at the time of the fire was "highly inflammable". In view of this , have worn by Mr anything Can be done by Mes "in the production amporting Oiretaihof tnOU asked whether inflammability or to warn customers 85 to the danger' either t0 roduce its Aorpanworldeexpect dhe concerns raised in the Report have been taken very seriously by M&s The companyprides itself on having rigorous systems In place to ensure that our products with usually significantly exceed) all safety requirements and include all appropriate comply (and warnings. Upocceceipt of the Report, we immediately contacted the Fire Investigator in order to the Gown; Based on the limited Information and fabric available, we concluded that it properly identify be the M&s "Mixed blue stripe coloured woven was most Ilkely to (the "Relevant Product") Fiabilivestigator informed us that his investigations undertaken for the Inquest had not involved bodynablll 'feererorcinhe Gow? (Oany simiar Gressing gownjebyoeither inguesitaaeroce volvaothey bodal leaderhereforeeidstructed externai experts Intertek t0 carry out a flammabilty fetvicnterekorhe global leader in the field of product (esting, including flammabiyyesting: 'cQHONER FEB 2017 SAFFS SC= Place Roy The pf clothing dressing gown" The

We were not provided with the remains of the and accordingly provided Intertek with the Relevant Product from our store room. Intertek recommended applying the standard testing procedure used for bedding; which is amongst the most rigorous and stringent' The procedure involves placing a lit cigarette on top of, underneath and in between a fold of material. We followed the recommendation and the Relevant Product was subject to the testing procedure for bedding: This testing closely resembled the circumstances of the fire in Mr Lawton's home. attach a copY of the Flammability Test Report Issued by Intertek which sets out the results of the test. The Test Report records that the cigarette burnt for between 17 and 19 minutes (depending on where it was placed on the Relevant Product) and then went out, No flame was produced and the fabric of the Relevant product did not burn or smoulder after the cigarette had out; dressing gown therefore received a 'pass' for flammability: Given the enclosed test results, we could not understand how the Fire Investigator came to the concluslon that the Gown was "highly flammable This was particularly puzzling glven that the Gown was not subject to any flammability testing as part of the Inquest process We are also unaware of any testing carried out to ascertain whether or not an accelerant; such as aftershave was present on the Gown. We therefore contacted the Fire Investigator again to seek further clarification He explained that he made the comment "highly inflammable" In the context of his concerns about industry wide legal requirements for the flammabllity of adult dressing gowns, which he believes are inadequate and allow some retailers to sell "hlghly flammable" adult dressing gowns. In the course of our communications, the Fire Investigator informed M&S that he was satisfied that the Gown worn by Mr Lawton was fully compliant with all legal requirements_ M&S does not have detailed Information on the nature and extent of the concerns of the Fire Investigator regarding regulation in this area, We suspect; however; that they may emanate from the lack of any legal requirement to test adult dressing gowns for flammability before they are placed on sale_ Currently, the only requlrement Is to include a label on the gown stating: "Keep away from fire and flames" Mes goes significantly beyond (hls legal requirement in its flammability testing of adult dressing gowns, including carrying out a 'flash flame' test on its dressing gowns with ralsed fibres (whlch carry the greatest risk) and refusing to sell any ralsed fibre fabrics which fail this test We also have a strict audit procedure to ensure that dressing gown labels contain the correct customer warning and that raised fibre fabrlcs pass the 'flash flame' test: We are therefore satisfied that M&S goes significantly beyond what is legally required to ensure the of its adult dressing gowns_ M&s has a great deal of sympathy for Mr Lawton's family who will understandably want to ensure that any lessons from Mr Lawton's death are Identified. It Is, however; clear from our communications with the Fire Investigator that his concerns Ile with the industry wide legal standards for the flammability of adult dressing gowns You will appreciate that as a retaller; we do not have the power to carry out this type of leglslative review. What we can do is take every reasonable step to ensure that our own customers are safe when wearing the products we sell, For the reasons set out In this letter; M&S is fully satlsfied that it does s0. We hope that the above information and enclosed report is of assistance_