Agenda Item 9. Page 115. Asbestos safety in housing refurbishment report of the scrutiny commission

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1 Page 115 Agenda Item 9 Appendix 1 Housing Scrutiny Sub-Committee June 2008 Asbestos safety in housing refurbishment report of the scrutiny commission All Wards Report authorised by: Executive Director Finance and Resources, Mike Suarez Executive summary In September 2007, residents in council-owned housing in the Central Hill area began raising concerns with central heating refurbishment contracts taking place in their homes. Their most pressing worry was the potential of asbestos hazard and its management. The commission held two public sessions in October and November Witnesses to the commission included senior officers from the Council and Lambeth Living (the arms length management organisation), representatives of the contractors, an independent asbestos specialist, and a number of concerned residents. It met again in January 2009 to formulate its conclusions. The commission has now completed its work and has adopted its report in accordance with paragraph 20.5(a) of the Scrutiny procedure rules. As the membership of the commission represents a majority of the Housing Scrutiny Subcommittee, it was agreed with the chair of the Overview and Scrutiny Sub-Committee that once all members of the commission had agreed the report, it would be considered adopted by the parent committee. Summary of financial implications There are no direct financial implications arising from this report. Recommendations (1) That officers from Housing work with officers in Lambeth Living and others as appropriate to prepare an action plan and Cabinet report for July in response to the recommendations of the Asbestos Safety in Housing Refurbishment commission report. (2) That this report be appended to the July Cabinet action plan report (3) That the Cabinet approve the recommendations of the Asbestos Safety in Housing Refurbishment commission report and direct that the action plan be implemented

2 Page 116 Consultation Name of consultee Directorate or Organisation Date sent to consultee Date response received from consultee Internal Mark Hynes For ED FR Greg Carson Legal Jason Hinton Departmental Finance Frank Higgins Corporate Finance Councillor Adedamola Aminu Commission & HSSC member Councillor Peter Bowyer Commission & HSSC chair Rita Fitzgerald Co-opted member Councillor Jeremy Clyne Commission member Councillor John Whelan Commission member Councillor Mark Harrison HSSC member Councillor Andrew Sawdon HSSC member Councillor Roger Giess OSSC Chair Councillor Lib Peck Cabinet Member for Housing and Regeneration Councillor Kirsty McHugh Deputy Cabinet Member for Housing & Neighbourhoods Derrick Anderson Chief Executive Chris Lee ED HRE Rachel Sharpe DD Housing Strategy & Partnerships Paul W Cooper AD Strategy and Regeneration, HRE Bob Gleaves Manager of Professional Services, VAMS, HRE Kate Zaki Client Manager, HRE Claire Butcher Lead Scrutiny Officer (HSSC) Dave Burn Head of Dem Services & Scrutiny Tom Barrett Scrutiny Manager External Cathy Deplessis CE, Lambeth Living David Thompson Director of Lambeth Living Jacqui Alexander Planned Maintenance Manager, Lambeth Living Ros Munday Tenants Council Chair Nora-Anne Sheehy Leaseholders Council Chair Jean Haley Chair of Central Hill Tenants and Residents Association Comments appear in report para: Report history Date report drafted: Report deadline: Date report sent: Report no.: XX.XX.08 XX.XX.08 /09-10 Report author and contact for queries: Byron R. Green bgreen@lambeth.gov.uk

3 Page 117 Background documents Asbestos Commission Minutes Supplement to minutes Asbestos Info and Evidence Pack 1 Officer Report 1 Asbestos Commission Minutes l Asbestos Sub Committee Report from Lambeth Living including 11 appendices Copy of Communal Asbestos Excel-Database Decisions flow chart Responses to questions arising from the meeting of 28th October 2008 Health and Safety Executive website - Appendices Addendum: Asbestos Safety in Housing Refurbishment, the scrutiny commission s report

4 Page 118 Asbestos safety in housing refurbishment report of the scrutiny commission 1. Context 1.1 In September 2007, residents in council-owned housing in the Central Hill area began raising concerns with central heating refurbishment contracts taking place in their homes. Their most pressing worry was the potential of asbestos hazard and its management. It was resolved that a scrutiny commission would be a suitable forum to explore the issues. The commission has completed its investigation and produced a full report. 2. Proposals and reasons 2.1 It was through the persistence over a year of Mrs Jean Haley, Chair of Norwood Area Housing Forum and Central Hill Tenants and Residents Association, that resident and member demands for an independent enquiry escalated through the Council. 2.2 To ensure that the enquiry was very much resident focussed and led, the Chair of Central Hill Tenants and Residents Association worked closely with scrutiny officers and members to develop the commission s terms of reference. In addition, another Lambeth resident, Rita Fitzgerald, was co-opted to sit with Councillors Adedamola Aminu, Peter Bowyer, Jeremy Clyne, and John Whelan on the panel. 2.3 The commission held two public sessions in October and November Witnesses to the commission included senior officers from the Council and Lambeth Living (the arms length management organisation), representatives of the contractors, an independent asbestos specialist, and a number of concerned residents. It met again in January 2009 to formulate its conclusions. 2.4 In summary, the recommendations drafted by the commission as a result of the enquiry include the need for: the development of, and public access to, an asbestos register for councilowned domestic premises guidelines for supporting residents impacted by works involving asbestos hazards, and much improved communication and consultation, both of which must become more resident-centred 2.5 Please refer to the addendum to this report for full details of the scrutiny commission s findings

5 Page The full list of recommendations are as follows: Recommendation 1. The Commission acknowledges with grateful thanks the efforts of Jean Haley, Central Hill resident and chair of the local Residents Association, for her work and tenacity in getting the issue of asbestos within domestic council premises taken seriously and moving the issue up the agenda for the benefit of all Lambeth residents. Asbestos Register/Data Management System Recommendation 2. An agreed policy process needs to be developed that will enable residents access to the asbestos register. Recommendation 3. It is recommended that access to electronic information on the asbestos register for officers, contractors and consultants continues to be improved and that this information is made accessible to tenants and leaseholders as soon as possible. Recommendation 4. The Commission agreed that the current Excel spreadsheet is not a suitable format for maintaining an effective asbestos database management system. It therefore recommends the prioritisation of an appropriate internet-based I.T. solution for the asbestos register that is effective in the collection and sharing of information on asbestos in Lambeth dwellings. The Commission also asks that: this recommendation be implemented by relevant officers in Lambeth Living; Lambeth Housing, Regeneration and Environment (HRE); and Lambeth ICT Services; the package must be compatible with SX3 or its upgrade; safe storage, back-ups and ownership of the data by Lambeth must be ensured to avoid future losses; and this internet-based I.T. solution should be in operation by end December 2009 During domestic refurbishment projects, responsive repairs and maintenance Recommendation 5. In addition to accessing the asbestos register prior to any works taking place, all contractors and officers across all sections of Housing and Lambeth Living (or other agents) on domestic housing projects, responsive repairs and maintenance, must use the asbestos specialists Hyder (or successor contractor) when undertaking surveys to ensure there is a consistent approach to inspection, and immediate reporting and recording of findings on the asbestos register. Recommendation 6. Develop clear and proper procedures for assisting residents barred from their homes due to asbestos disturbance, with guidelines for an appropriate support package. The package should take into account the possible requirement for emergency provision of clothing, accommodation, financial or other practical support (e.g. access to telephones).

6 Page 120 Communications Recommendation 7. The Commission agreed that the refurbishments contracts, particularly in dealing with issues that cause concern such as asbestos, must be much more resident-centred. It recommends that the Council and Lambeth Living develop guidance and mechanisms for consultation with occupants, resident associations, ward councillors, neighbours, and others at a suitably local level. This includes both prior to domestic refurbishment projects getting underway and for informing and dealing with their queries and concerns throughout the process. Recommendation 8. The Commission agreed that communications for residents need to be improved and noted the production by other local authorities of good quality materials for communications on domestic asbestos and managing its risks, such as reader friendly leaflets, letters and internet sites. They recommend obtaining guidance about best practice communications in this area in conjunction with communications professionals and in consultation with residents by the end of December Recommendation 9. Communications must go out to tenants and leaseholders in council-owned housing stock about the existence or potential existence of asbestos in their homes. This should be to both new and existing tenants and leaseholders, and then whenever there is a tenancy change. Recommendation 10. Consideration must be given to advise and support tenants and leaseholders who may wish to carry out DIY and other relevant projects in accessing the asbestos register and in obtaining asbestos surveys. This to ensure that they aware of the risks to themselves and those carrying out the works. Recommendation 11. The full communications strategy is to be developed within three months and reported back to Housing Scrutiny. Recommendation 12. The Commission has asked that the revised asbestos policies and procedures, along with the comprehensive training programme for officers and the requirements for contractors and their operatives, be returned to the Housing Scrutiny Sub-Committee for further review. 3. Comments from Executive Director of Finance and Resources 3.1 There are no direct financial implications arising from this report. An action plan will be produced for Cabinet by officers from HRE with the assistance of Lambeth Living officers. Responding to the report requires any financial or resource implications arising from the commission s recommendations to be set out.

7 Page Comments from Director of Legal and Democratic Services 4.1 Arrangements for Scrutiny Commissions are set out in Rule 20 of the Scrutiny Procedure Rules, at Part 4, Section 5 of the Council s Constitution. Rule 20.1 states: The Overview and Scrutiny Committee or relevant scrutiny sub-committee will establish all scrutiny commissions and determine their constitution, the appointment of co-optees, terms of reference and tenure of each commission. Rule 20.5 states: Commission reports will be submitted to Overview and Scrutiny Committee or the relevant Scrutiny Sub-Committee for consideration, prior to submission of the report to the Cabinet, unless otherwise specified by the Overview and Scrutiny Committee. 4.2 By virtue of section 2, Local Government Act 2000, local authorities have the power to do anything which they consider is likely to achieve the promotion or improvement of the economic, social and environmental well-being of their area. This power may be exercised in relation to, or for the benefit of, the whole or any part of the authority's area or all or any persons resident or present in their area. 4.3 The section 2 power includes power for a local authority to, inter alia, give financial assistance to, enter into an agreement with, or provide staff, goods, services or accommodation to, any person. However, the well-being power does not enable the authority to raise money, nor to do anything which it is unable to do by virtue of any existing statutory prohibition, restriction or limitation on its powers. 5. Results of consultation 5.1 The commission consulted widely with council officers, expert and professional witnesses and welcomed contributions from the public. The commission was grateful for the contributions made and have taken the information received into account in reaching their findings.. 6. Organisational implications 6.1 Risk management: Many of the reports recommendations complement existing council projects and priorities. Failure to implement could reflect risks in these other areas. 6.2 Equalities impact assessment: Equalities impacts were considered during the course of the commission. 6.3 Community safety implications: It is important to understand that there are serious legal and regulatory standards regarding asbestos.

8 Page Environmental implications: The aim of this report is to improve the management of asbestos in councilowned housing stocking, particularly during maintenance and refurbishment. Better management practices should bring positive environmental implications. 6.5 Staffing and accommodation implications: None 6.6 Any other implications: None 7. Timetable for implementation: 7.1 This will be clearly outlined in the action plan produced in response to the report and its recommendation and put to cabinet on 27 July 2009.

9 Page 123 b Asbestos Safety in Housing Refurbishment Scrutiny Commission June 2009 Commission Members: Councillor Adedamola Aminu Councillor Peter Bowyer (Chair) Councillor Jeremy Clyne Rita Fitzgerald Councillor John Whelan Contact for enquiries: Byron R Green Lead Scrutiny Officer London Borough of Lambeth Scrutiny Team Room 200, Town Hall bgreen@lambeth.gov.uk Brixton Hill telephone London SW2 1RW website

10 Page 124 Asbestos Safety in Housing Refurbishment, June 2009 PAGE 2

11 Page 125 Contents Contents... 3 Chair s Foreword... 5 Executive Summary... 6 List of recommendations... 7 Section 1 - Introduction... 9 Background to this review... 9 Terms of reference Methodology Timeline of events Acknowledgments Section 2 - Commission Findings What is asbestos and why is it problem? Examples of asbestos common in domestic dwellings (images) Some important safety information Legal requirements for dealing with asbestos The current situation Work underway to improve the management of Asbestos Ongoing commitments from Lambeth Living: Section 3 - Concluding remarks Section 4 - Asbestos Timeline (1997 to 2009) Section 5 - Glossary Asbestos Safety in Housing Refurbishment, June 2009 PAGE 3

12 Page 126 Asbestos Safety in Housing Refurbishment, June 2009 PAGE 4

13 Page 127 Chair s Foreword In September 2007, residents in council-owned housing in the Central Hill area began raising concerns with central heating refurbishment contracts taking place in their homes. Their most pressing worry was the potential of asbestos hazard and its management. That may have been the end of the matter, had it not been for the tenacity of Jean Haley, the chair of Norwood Area Housing Forum and Central Hill Tenants and Residents Association, who continued to pursue the issue through various Council channels. By the time it came to the attention of the Housing Scrutiny Sub-Committee, following correspondence between Councillor Andrew Gibson (Gipsy Hill Ward) and the Chair of the Committee. It was readily agreed that the matter was of sufficient concern that a scrutiny commission should be established to explore the issues that had been raised further. It was important to the Scrutiny Commission that it should be resident-centric. To that end, Jean Haley worked closely with officers and members to develop the Commission's terms of reference. Additionally, another leading member of Tenant's Council, Rita Fitzgerald was asked to sit on the Commission itself. The Commission met twice in public at the end of last year to consider the evidence, first from Jean Haley, supported by Councillor Gibson, and then from council officers and contractors as well as an independent asbestos specialist. In addition, it also heard from a number of other residents of the borough. The Commission then met in private earlier this year to formulate its recommendations. The three key themes touched upon by the recommendations focus on: public access the asbestos register, support to residents who are effected by asbestos works, and more resident-centred communication and consultation It is the hope and expectation of this Scrutiny Commission that all our recommendations are examined seriously by the Cabinet and Lambeth Living and that they together draw up a robust action plan to achieve these recommendations. I believe that if they do so, Lambeth can become a leader in this field. Finally, I would just like to say a word of thanks to all the members of this Commission for their contributions: Councillor Jeremy Clyne, Councillor Adedamola Aminu, Councillor John Whelan and Rita Fitzgerald. In addition, the Commission wishes to place on record its gratitude to Jean Haley for her determination to deal with this issue on behalf of the tenants and leaseholders she represents and to Councillor Andrew Gibson for bringing the issue to the attention of this Committee in the first place. I would also like to thank Byron Green, Lead Scrutiny Officer for his hard work throughout the commission and in preparing this report. Councillor Peter Bowyer Scrutiny Commission Chair Asbestos Safety in Housing Refurbishment Asbestos Safety in Housing Refurbishment, June 2009 PAGE 5

14 Page 128 Executive Summary In recent years, tenants and leaseholders have voiced concerns around the impact of refurbishment, repairs and maintenance to their homes and the possible disturbance to any asbestos, which may be present. This has large been managed by contractors on behalf of Lambeth Council, who are the overall owners of the housing stock. Since mid-2007, the persistence of Mrs Jean Haley, Chair of Norwood Area Housing Forum and Central Hill Tenants and Residents Association, resident and member demands for an independent enquiry escalated through the Council. It was resolved that a scrutiny commission would be a suitable forum to explore the issues. To ensure that the enquiry was very much resident focussed and led, the Chair of Central Hill Tenants and Residents Association worked closely with scrutiny officers and members to develop the commission s terms of reference. In addition, another Lambeth resident, Rita Fitzgerald, was co-opted to sit with Councillors Adedamola Aminu, Peter Bowyer, Jeremy Clyne, and John Whelan on the panel. The commission held two public sessions in October and November Witnesses to the commission included senior officers from the Council and Lambeth Living (the arms length management organisation), representatives of the contractors, an independent asbestos specialist, and a number of concerned residents. It met again in January 2009 to formulate its conclusions. Recommendations drafted by the commission as a result of the enquiry include the need for: the development of, and public access to, an asbestos register for councilowned domestic premises guidelines for supporting residents impacted by works involving asbestos hazards, and much improved communication and consultation, both of which must become more resident-centred Asbestos Safety in Housing Refurbishment, June 2009 PAGE 6

15 Page 129 List of recommendations Recommendation 1. The Commission acknowledges with grateful thanks the efforts of Jean Haley, Central Hill resident and chair of the local Residents Association, for her work and tenacity in getting the issue of asbestos within domestic council premises taken seriously and moving the issue up the agenda for the benefit of all Lambeth residents. Asbestos Register/Data Management System Recommendation 2. An agreed policy process needs to be developed that will enable residents access to the asbestos register. Recommendation 3. It is recommended that access to electronic information on the asbestos register for officers, contractors and consultants continues to be improved and that this information is made accessible to tenants and leaseholders as soon as possible. Recommendation 4. The Commission agreed that the current Excel spreadsheet is not a suitable format for maintaining an effective asbestos database management system. It therefore recommends the prioritisation of an appropriate internet-based I.T. solution for the asbestos register that is effective in the collection and sharing of information on asbestos in Lambeth dwellings. The Commission also asks that: this recommendation be implemented by relevant officers in Lambeth Living; Lambeth Housing, Regeneration and Environment (HRE); and Lambeth ICT Services; the package must be compatible with SX3 or its upgrade; safe storage, back-ups and ownership of the data by Lambeth must be ensured to avoid future losses; and this internet-based I.T. solution should be in operation by end December 2009 During domestic refurbishment projects, responsive repairs and maintenance Recommendation 5. In addition to accessing the asbestos register prior to any works taking place, all contractors and officers across all sections of Housing and Lambeth Living (or other agents) on domestic housing projects, responsive repairs and maintenance, must use the asbestos specialists Hyder (or successor contractor) when undertaking surveys to ensure there is a consistent approach to inspection, and immediate reporting and recording of findings on the asbestos register. Recommendation 6. Develop clear and proper procedures for assisting residents barred from their homes due to asbestos disturbance, with guidelines for an appropriate support package. The package should take into account the possible requirement for emergency provision of clothing, accommodation, financial or other practical support (e.g. access to telephones). Asbestos Safety in Housing Refurbishment, June 2009 PAGE 7

16 Page 130 Communications Recommendation 7. The Commission agreed that the refurbishments contracts, particularly in dealing with issues that cause concern such as asbestos, must be much more resident-centred. It recommends that the Council and Lambeth Living develop guidance and mechanisms for consultation with occupants, resident associations, ward councillors, neighbours, and others at a suitably local level. This includes both prior to domestic refurbishment projects getting underway and for informing and dealing with their queries and concerns throughout the process. Recommendation 8. The Commission agreed that communications for residents need to be improved and noted the production by other local authorities of good quality materials for communications on domestic asbestos and managing its risks, such as reader friendly leaflets, letters and internet sites. They recommend obtaining guidance about best practice communications in this area in conjunction with communications professionals and in consultation with residents by the end of December Recommendation 9. Communications must go out to tenants and leaseholders in council-owned housing stock about the existence or potential existence of asbestos in their homes. This should be to both new and existing tenants and leaseholders, and then whenever there is a tenancy change. Recommendation 10. Consideration must be given to advise and support tenants and leaseholders who may wish to carry out DIY and other relevant projects in accessing the asbestos register and in obtaining asbestos surveys. This to ensure that they aware of the risks to themselves and those carrying out the works. Recommendation 11. The full communications strategy is to be developed within three months and reported back to Housing Scrutiny. Recommendation 12. The Commission has asked that the revised asbestos policies and procedures, along with the comprehensive training programme for officers and the requirements for contractors and their operatives, be returned to the Housing Scrutiny Sub-Committee for further review 1. 1 note that the action plan for these recommendations is monitored by the Housing Scrutiny Sub-Committee six and eighteen months after adoption by Cabinet. Asbestos Safety in Housing Refurbishment, June 2009 PAGE 8

17 Page 131 Section 1 - Introduction Background to this review 1.1 Asbestos is an emotive issue due to the debilitating and usually fatal conditions that can result from inhaling its fibres. 1.2 Although there is a raft of regulation governing the management of asbestos in buildings, there is a particular grey area concerning domestic premises. 1.3 Its common use in building materials is therefore a matter for concern for those who reside in dwellings that may contain asbestos. Lambeth owns around properties consisting of about tenanted and just under leaseholders. The management of asbestos represents a significant responsibility for Lambeth as a borough and for Lambeth Living as the arms length management organisation currently responsible for managing most of the housing stock on Lambeth s behalf. Other organisations such as United Resident Housing (URH) and other agents also manage a small amount of the housing stock. 1.4 Naturally, residents want to know that any asbestos in their homes is managed safely, particularly when any works are being carried out. 1.5 In September 2007, a contract for the installation of central heating in Lambeth council-owned residences began in the south of the borough with a high concentration of households in the Central Hill Estate area. 1.6 The Chair of Central Hill Tenants and Residents Association attended the site of the pilot flat for the contract at the end of August 2007 and raised some initial concerns about the project with officers present, including the issue of the presence of asbestos. 1.7 Complaints and issues arising from the works continued to be communicated by the Chair to Housing officers managing the contract. Becoming increasingly concerned, particularly about being unable to access the statutory asbestos register, the matter was escalated via a number of routes to the Chief Executive of Lambeth Council. 1.8 On the 21 st July 2008, the Chief Executive attended Tenants Council where the subject of asbestos was raised. The need for a scrutiny committee commission into managing asbestos in the Council s housing stock was stressed. 1.9 Work began immediately in the Scrutiny Team on scoping the enquiry and drafting terms of reference. This involved the Chair of Central Hill Tenants and Residents Association and local members, and brought in appropriate Lambeth Living officers at an early stage The Asbestos in Housing Refurbishment Commission was established and initial terms of reference formally adopted by Housing Scrutiny Sub-Committee on 12 th September Recommendation 1. The Commission acknowledges with grateful thanks the efforts of Jean Haley, Central Hill resident and chair of the local Residents Association, for her work and tenacity in getting the issue of asbestos within domestic council premises taken seriously and moving the issue up the agenda for the benefit of all Lambeth residents Asbestos Safety in Housing Refurbishment, June 2009 PAGE 9

18 Terms of reference 1.11 To provide complete and detailed answers to questions previously raised via the Area Forum and Tenants Council with housing officers, Councillor Andrew Gibson s March 2008 Freedom of Information (FOI) request, and queries outlined in letters to the Chief Executive To investigate and report the past and future proper use of an asbestos register, including clarity of procedures, a named point person, and sharing of information with contractors To clarify what asbestos register exists now To review how the Central Hill contract has been handled to date, including complaints from the TRA and ward councillors, and draw lessons for the future To look at the contract management of projects, particularly with regard to health and safety, and public information with a focus on asbestos To limit this enquiry to a small number of sessions over a short time-scale. Methodology Page From the outset of the commission, there was a determination to demonstrate the independence of scrutiny for residents. The Chair of the Central Hill Residents association, also chair of the Norwood Area Housing Forum, was involved at every stage to ensure focus on resident concerns. The commission also drew upon the skills within the community by inviting Rita Fitzgerald, a local resident, to become a co-opted member of the panel Ensure the involvement of residents and a focus on their concerns at every step of the way The commission received large quantities of documentation including technical manuals, asbestos survey data, results of freedom of information searches, and responses to queries arising from residents and local councillors These were distilled at two public meetings drawing upon the expert opinion of asbestos specialists and representation from Legal Services along with senior officers from Housing Technical Services in Lambeth Living and the Housing, Regeneration and Environment department A crucial part of the process, however, was hearing directly from residents, and indirectly from other local councillors, about the real impact that asbestos was having on their lives during the refurbishment of domestic properties. More importantly, they were able to articulate what assurances they needed regarding the management of asbestos in their homes On completion of the commission s work, the constitution requires departmental officers to draw up an action plan in response to report s recommendations and report to Cabinet. This will be monitored at regular intervals by the Housing Scrutiny Sub-Committee The commission expressed the hope that stretching targets would be set by Council and Lambeth Living officers in responding to its recommendations in the action plan to Cabinet and in other commitments made to the commission designed to resolve the issues that have been identified around asbestos management. Asbestos Safety in Housing Refurbishment, June 2009 PAGE 10

19 Timeline of events Page The timeline below is an outline of dates specifically related to the commission itself. For a fuller list of events turn to Appendix 1 which contains a more detailed history of asbestos issues over a number of years. 21 July 2008 Lambeth s Chief Executive attended Tenants Council where the subject of asbestos was raised. The need for a scrutiny committee commission into managing asbestos in the Council s housing stock was stressed. 5 August 2008 Lead Scrutiny Officer meets with Chair of the Central Hill Tenants and Residents Association and Councillor Andrew Gibson to discuss the key concerns to aid the development of draft terms of reference for an asbestos commission. 11 September 2008 Commission formally established at Housing Scrutiny meeting, and initial scope agreed. 12 September 2008 Nominations for commission membership requested. 30 September 2008 Commission membership agreed as Councillors Peter Bowyer, Jeremy Clyne, Adedamola Aminu, and John Whelan. 30 September 2008 Further discussions undertaken between Chair of Central Hill Tenants and Residents Association and Lead Scrutiny Officer in order to produce guidance for officers providing initial evidence to the Commission. 28 October 2008 First meeting of Asbestos in Housing Refurbishment commission held. Co-option of local resident Rita Fitzgerald onto commission. Presentation of initial evidence. 25 November 2008 Second meeting of Asbestos in Housing Refurbishment commission. Report by Director of Property Services delivered. Evidence includes that of an external asbestos specialist. 26 January 2009 Commission meets for the last time to discuss final recommendations. 25 February 2009 Final recommendations drafted and circulated to commission members for comment and approval. 27 February 2009 Meeting with Manager of Professional Services from Housing, Regeneration and Environment to clarify information requests from commission. 2 March 2009 Final recommendations circulated to Lambeth Living Director of Property Services, Planned Maintenance Manager, Councillor Gibson and Chair of Central Hill Residents Association. They were advised that Lambeth Living and Council officers would have to respond to the recommendations with an action plan to Cabinet. Asbestos Safety in Housing Refurbishment, June 2009 PAGE 11

20 Page 134 Acknowledgments The Commission Councillor Adedamola Aminu Councillor Peter Bowyer (Chair) Councillor Jeremy Clyne Rita Fitzgerald, Lambeth resident co-opted member Councillor John Whelan Witnesses Bob Gleaves Interim Manager of Professional Services, Valuation and Asset Management Services, Housing, Regeneration & Environment Richard Clements Contract Administrator, John Pelling and Partners Robert Fox Asbestos Consultant, EC Harris Jean Haley Chair of Central Hill Tenants & Residents Association and Norwood Forum Councillor Andrew Gibson Gipsy Hill ward Thank you also to the other members of the public who attended commission meetings and for the valuable contributions you made to the discussions. Officers: Jacqui Alexander Planned Maintenance Manager, Lambeth Living Greg Carson, Principal Lawyer, Housing Legal Team, Finance &Resources Paul W. Cooper - Interim Assistant Director Strategy & Regeneration, Housing, Regeneration & Environment Bob Gleaves Professional Services Manager VAMS, Housing, Regeneration & Environment Byron Green - Lead Scrutiny Officer, Finance & Resources Darren McCabe - Executive Support Officer, Lambeth Living David Thompson Director of Property Services, Lambeth Living Joanne Tutt, Scrutiny Administrator, Finance & Resources Kate Zaki Client Manager, Housing, Regeneration & Environment Asbestos Safety in Housing Refurbishment, June 2009 PAGE 12

21 Page 135 Section 2 - Commission Findings What is asbestos and why is it problem? Asbestos is a naturally occurring fibrous material that was extensively used as a building material in the UK from the 1950s through to the mid-1980s. It was used for a variety of purposes and was deemed ideal for fireproofing and insulation. Any building built or refurbished before 2000 (houses, factories, offices, schools, hospitals etc) can contain asbestos. Asbestos materials in good condition are safe unless asbestos fibres become airborne, which happens when materials are damaged. 2.2 Some common places you will find asbestos materials are: ceiling tiles; coating on ceilings, walls and stairwells (textured coatings); sprayed coating on ducts, pipes and some ceilings; boards around radiators, windows, fireplaces, building columns, pillars (asbestos insulating boards or AIBs); inside fire doors; soffit boards; insulation on pipes; sealants on pipe joints, gaskets; ropes and yarns; fuse boxes; electrical switchgear; water tanks; cement products: roof sheets, down pipes 2.3 Working on or near damaged asbestos-containing materials or breathing in high levels of asbestos fibres, which may be many hundreds of times that of environmental levels could increase your chances of getting an asbestos-related disease. 2.4 When these fibres are inhaled they can cause serious diseases which are responsible for around 4000 deaths a year. There are three main diseases caused by asbestos: mesothelioma (which is always fatal), lung cancer (almost always fatal) and asbestosis (not always fatal, but it can be very debilitating). 2.5 There were over 2,000 deaths in 2005 due to the asbestos-related cancer mesothelioma. In addition, it is estimated that there were a similar number due to asbestos-related lung cancer. 2.6 These diseases will not affect people immediately but later on in life, so there is a need for people to protect themselves now to prevent the contraction of an asbestos-related disease in the future. Due to the year average latency period between the exposure to asbestos fibres and the onset of these diseases, currently occurring cases relate to exposure in the past when asbestos was less well regulated than today and more widely used in industry. 2 For this information and more, go to the Health and Safety Executive (HSE) website or the Asbestos hidden killer site at: Asbestos Safety in Housing Refurbishment, June 2009 PAGE 13

22 Page 136 Examples of asbestos common in domestic dwellings (images) 3 Asbestos textured coating Perforated AIB ceiling tiles damaged around the light fitting Asbestos panelling inside heater cupboard AIB window sill Torn asbestos pipe lagging Pipe insulated using both asbestos lagging and rope Asbestos rope used as insulation on a pipe Asbestos containing vinyl floor tiles 3 Source: HSE webite Asbestos Safety in Housing Refurbishment, June 2009 PAGE 14

23 Some important safety information Page The Health and Safety Executive advises that it is important to remember that if the asbestos is in good condition and not likely to be disturbed, it is usually safer to leave it in place and manage it. Removal may be unnecessary and costly! In addition, high hazard asbestos products (i.e. sprayed coating, lagging, insulation and AIB) should only be worked on by a licensed contractor unless the work is of very short duration, and if you have been trained. Legal requirements for dealing with asbestos 2.9 The commission received advice on the legal requirements for dealing with asbestos from officers from the Council s Legal Division The commission was told that the duty to manage asbestos in premises was introduced into law on 21 May 2004 and is enforced under regulation 4 of The Control of Asbestos Regulations The duty requires those who have responsibilities for maintenance activities in non-domestic premises to assess whether there is any asbestos in their premises, and, depending on its condition, either remove it or manage it making sure that maintenance or other activities carried out subsequently do not expose the workers to any avoidable risk. They must ensure that information on the location and condition of these materials is given to anyone likely to disturb them This duty requires the duty holder to take the following key actions: to take reasonable steps to find any asbestos in the premises and assess the condition of these materials; to presume that materials do contain asbestos unless there is strong evidence that they do not; to prepare a record of the location and condition of these asbestos-containing materials (ACMs) and assess the risk from them; to prepare and implement a plan to manage those risks, e.g. fibre release from friable AIB panels; and to provide information on the location and condition of the material to anyone who is liable to disturb it; to monitor the condition of the material left in place, and to review the assessment of risk periodically There is little in the way of legislation that deals specifically with asbestos in domestic premises. Most of the legislation is directed to work related activities and some legislation specifically excludes domestic premises and domestic servants The Council is subject to various repairing and maintenance obligations. Some of these are implied (see section 11 of the Landlord and Tenant Ac 1985). These repairing obligations are also backed up by the express conditions contained in the Council's tenancy conditions. These obligations will only arise once the Council as landlord has notice of the disrepair and repair does not include improvement. The presence of asbestos alone would not necessarily constitute disrepair. If it was in good condition and adequately managed, the Council would be under no obligation to remove it. 4 Health and Safety Executive (01/2008), Manage buildings? You must manage asbestos Asbestos Safety in Housing Refurbishment, June 2009 PAGE 15

24 Page In addition to this, there is section 4 of the Defective Premises Act However this does not really take the Council's duty as a landlord much further than those that are set out by section 11 of the Landlord and Tenant Act, in that they only relate to what is regarded as 'disrepair'; and only then when the Council has been given notice by the tenant of the disrepair or by the express conditions contained in the Council's tenancy agreement The repairing duty towards leaseholders (where the original lease is in excess of 7 years) is governed by the terms of the lease. There are no implied repairing obligations The principal protection for tenants is under s79 of the Environmental Protection Act 1980 where the Council would be required to act if the premises constitute a statutory nuisance The Housing Act 2004 introduced new categories of hazards to determine whether there is a statutory nuisance, including Category One and Category Two hazards. The Housing, Health and Safety Rating System (England) Regulations 2005 sets out a complex rating system for determining which category the harm falls into. This is done by setting out classes of harm and assessing the percentage of likelihood of the harm occurring. Risks of exposure to asbestos is one of the classes of harm that can be taken into account. Where a Category One harm exists an abatement notice can be served on the Council as the landlord and require the Council to abate the notice within 21 days. Failure to abate the Hazard within that period can result in criminal prosecutions and fines The HSE provides little guidance on asbestos in domestic premises and as stated above most of the legislation refers to asbestos in the work place. Good practice would however indicate that if workers are required to work in domestic premises this should be regarded as a place of work. Aside from the Asbestos Regulations 2007, there is also other work related legislation such as the Health and Safety at Work etc Act 1974 and the Construction (Design and Management) Regulations 2007, which will cover work whether it is carried out in domestic or non-domestic premises. There are a number of general duties such as 3.1 in the Health and Safety at Work etc Act, which would be wide enough to cover workers and residents, regardless of the type of property The HSE refers you to their guide to the Directgov site for what to do if you find asbestos in your dwelling and you want it inspected or removed. However, all the guide does is direct the viewer to their local authority s website The Council has other common law duties of care e.g. in negligence, nuisance, quiet enjoyment and occupiers liability If the Council was aware of the presence of dangerous asbestos, apart from the statutory nuisance liability the Council could be forced to abate the nuisance. If a person were to suffer damage as a result of the presence of asbestos and this is something the Council did or should have known about the council may be liable in negligence for any personal injury that the tenant or lawful occupant of that property suffers The question is what is the duty of care? In the HSE's "'A short guide to Managing Asbestos in premises" at page 11 the HSE recommends that once the presence of asbestos has been identified it is necessary to implement and plan to manage those risks Where asbestos is in good condition; and it is not likely to be damaged; and it is not likely to be worked on or disturbed, the HSE states it is usually safer to leave Asbestos Safety in Housing Refurbishment, June 2009 PAGE 16

25 it in place and to manage it. However, where asbestos is in poor condition or is likely to be damaged or disturbed it is necessary to decide whether it should be repaired, sealed, enclosed or removed. The guide then goes on to describe what the HSE considers appropriate action to manage the asbestos There is little in the legislation or common law that would place a positive duty on the Council to seek out asbestos in dwellings. However once the Council is aware of the presence of asbestos in a property the Council's duty of care to tenants and contractors (and any breach thereof) would need to be evaluated depending on the circumstances The commission asked whether the council had an obligation to advise tenants of the presence of asbestos in their property, and if so, whether there was a legal requirement for the council to have a register of all the properties with asbestos Mr Greg Carson, Principal Lawyer (Housing Legal Team) advised that the council had a common law duty of care rather than a statutory obligation. It was also noted that the council did not have a register of properties with asbestos, but did need to carry out the same checks. The current situation Page Members noted that one of the key issues raised by the Chair of Central Hill Tenants and Residents Association was not being able to gain access to an asbestos register Officers advised the commission that the current asbestos database is being managed by Hyder through a Microsoft Excel spreadsheet, and that the database was commissioned by Hyder in A member of the public expressed the view that this is an out of date and unsafe form of information management Officers agreed that this is not the best system to manage large volumes of data and the preferred solution would be through a database system customised to the requirements of the Council Members also asked for an explanation for the lost evidence of previous asbestos surveys dating back to 1997 raised by the Chair of Central Hill Resident s Association It was noted that Lambeth Scientific Surveys had undertaken an asbestos survey prior to 2000 and that this information is now on the spreadsheet. However, there had been a period when this information was not held centrally and in a variety of forms. Until recently no complete version could be recovered and uploaded onto the asbestos database. Following recent efforts, which resulted in the recovery of the dataset, the information has been on the system since October The independent asbestos consultant, Mr Robert Fox, from EC Harris, who attended the second commission meeting as an expert witness, also noted that the current database is simplistic and needs expanding Members were keen to see the continued improvement of the asbestos database with preparations for allowing resident access at an early stage. They noted that clear policy guidelines will need to be developed to govern such a process, such as who can again access to what information and in what timeframe and communicate to residents how they can go about it Members also asked for assurances that Lambeth housing stock under the control of agents other than Lambeth Living and residences classed as Asbestos Safety in Housing Refurbishment, June 2009 PAGE 17

26 Page 140 temporary accommodation would benefit from the recommendations contained within this report. Recommendation 2. An agreed policy process needs to be developed that will enable residents access to the asbestos register. Recommendation 3. It is recommended that access to electronic information on the asbestos register for officers, contractors and consultants continues to be improved and that this information is made accessible to tenants and leaseholders as soon as possible One commission member referred to the following statement by officers. Our plans are to have access to the asbestos data base by all contractors though an open interface by December He queried why it was taking so long to achieve integration and asked if it could be addressed sooner The Director of Property Services noted that this date was a reference to when new contractors would connect to the system and agreed to investigate integrating now with Morrison and Connaught However, there is currently no off the shelf solution to this system and whichever system is selected there will need to be some degree of customisation to ensure compatibility. All the systems currently investigated and on the market do not readily interface with SX3 (examples include Multibase, Ms SharePoint, PSI and Techforge.) 2.40 Members wanted to ensure that through co-operation between officers across the Council and Lambeth Living, work to upgrade and integrate electronic asbestos register systems would be completed by the end of Recommendation 4. The Commission agreed that the current Excel spreadsheet is not a suitable format for maintaining an effective asbestos database management system. It therefore recommends the prioritisation of an appropriate internet/i.t. solution for the asbestos register that is effective in the collection and sharing of information on asbestos in Lambeth dwellings. The Commission also asks that: this recommendation be implemented by relevant officers in Lambeth Living; Lambeth Housing, Regeneration and Environment (HRE); and Lambeth ICT Services; the package must be compatible with SX3 or its upgrade; safe storage, back-ups and ownership of the data by Lambeth must be ensured to avoid future losses; and this solution should be operational by end December Officers informed the commission that in the past, Lambeth Project Managers have furnished contractors and contract administrators with hard copies of the relevant part of the asbestos database. Contractors have used this information in preparation for the specification for works and in deciding to carry out further asbestos investigations The absence of internal asbestos information on the Lambeth register has meant that at the commencement of a contract the Council often identified that it had no information to share. At that point, the contractor would make a judgement about the need to undertake a further asbestos survey dependant on the works in the 5 Page 7, report by Director of Technical Service to Asbestos Safety in Housing Refurbishment Scrutiny Commission, 25 November 2008 Asbestos Safety in Housing Refurbishment, June 2009 PAGE 18