Joshua Perry

Dear Helen, Thank you for your letter and report dated 7 April regarding the tragic death of Joshua Perry. I recognise the profound distress this tragic loss would have caused and would like to express my sincere condolences to Mr Perry’s family and friends. Your letter and report were made in accordance with paragraph 7 of Schedule 5, to the Coroners and Justice Act 2009 and regulation 28 of the Coroner’s (Investigations) Regulations 2013. You set out matters of concern and recommended that I, in my capacity as Secretary of State, of the Ministry of Housing, Communities and Local Government (MHCLG), should take action. You noted that:
• There is conflict between the Building Regulations 2010 Guidance: Approved Document K (ADK) and BSI Standards, barriers in and about buildings, Code of Practice. Specifically;
• It is not clear from the guidance and standards where the starting point of the barrier height is to be taken from when a wall, parapet, balustrade or similar obstruction is used as guarding.
• There is no mention of the use of horizontal railings being avoided to prevent adults and children over the age of 5 being able to climb the guarding. The guidance only makes reference to children under the age of 5. The minimum heights in both ADK and the British Standards are measured from the floor level to the top of either parapet, barrier or guarding in most cases. The British Standards go further to state that the height of barriers installed on top of low parapet walls should be measured from the top of the parapet and not at walk level. This is because a low parapet wall could constituent a step therefore reducing the effectiveness of the barrier. At Mr Perry’s inquest, you established that he died as a consequence of falling from the nineteenth floor of a multi storey car park from which he suffered multiple injuries, which proved fatal. You established that horizontal railings at the car park facilitated Joshua’s fall from height. Consideration of the matters of concern The Ministry for Housing, Communities and Local Government (MHCLG) intends to consider the issues raised through a forthcoming call for evidence on ADK where we will be seeking views to help us understand which areas may need strengthening, greater clarity or further research. This

[Page 2] will include the case for changes on guarding design and wider fall and accidental prevention measures. This will provide an opportunity for regulators, industry experts, and other stakeholders to share evidence on the effectiveness and clarity of the current guidance, including its application in complex environments such as multi-storey car parks, and to inform consideration of whether further clarification or revision would support improved safety outcomes. This approach will ensure that any future changes are developed carefully, on the basis of evidence, and subject to appropriate consultation. We will also ensure that any changes are considered within the wider framework of the Building Regulations. The matters raised in your coroner’s report will be taken into account as part of this work. Conclusion I fully recognise the seriousness of this incident and the measures set out above look to prevent this type of incident from occurring.