Ministers have abandoned a legally required fire safety upgrade for overcrowded British prisons, leaving tens of thousands of cells without lifesaving automatic fire detection (AFD) systems. Eleven prisoners have died in cell fires while the government delayed action, with an average of eight fires occurring daily across prisons in England and Wales.
Deadly Consequences of Delayed Upgrades
Clare Dupree, a 48-year-old mother of six, died of smoke inhalation in December 2022 after a fire started by a vape in her cell at HMP Eastwood Park, a women’s prison in Gloucester. Despite her screams for help, it took 33 minutes for fire crews to pull her from the blaze. Her cell lacked automatic in-cell fire detection, which is legally required to meet fire safety standards. More than three years later, the detectors still have not been installed.
The Ministry of Justice (MoJ) has admitted that 21,067 out of 89,795 prison places still lack AFDs. Ministers had promised to make all cells fire-safe by 2027 or take them out of use, but Labour has reneged on that pledge, blaming the overcrowding crisis. Emptying cells for upgrades would "breach critical capacity" in the prison estate, they said. No new deadline has been set.
Labour MP Kim Johnson called the U-turn "outrageous," warning that the Grenfell Tower disaster, which killed 72 people, shows what happens when fire safety is not properly enforced. "How can the Ministry of Justice justify sitting on such blatant, life-threatening failings?" she said.
Soaring Fire Incidents and Legal Threats
Cell fires have surged by 124% over the past five years, with 2,932 fires recorded in the year ending March 2025. Almost seven in ten were caused by vapes. At least ten other prisoners have died in cell fires since the government first acknowledged the need for upgrades nearly 20 years ago, according to the Howard League for Penal Reform, which has threatened legal action.
Gemma Abbott, legal chair of the Howard League, said: "Today, tens of thousands of people are forced to live in prisons that are not safe. The government U-turn on a deadline to fix this is a disgrace." Chief executive Andrea Coomber KC described the situation as a "national scandal."
Lord Foster, chair of the House of Lords justice and home affairs committee, urged the government to "reconsider before the unthinkable occurs." He added: "This about-turn on safety standards puts at risk prisoner and prison officer alike."
Government Response and Ongoing Risks
In a letter to the justice committee, prisons minister Lord James Timpson revealed that 21,067 cells still lack AFDs. He admitted the 2027 deadline "will not be possible" and that taking non-compliant cells out of use would "breach critical capacity." He said the MoJ is "doing everything that can be reasonably done" but refused to set a new deadline.
For now, cells without AFDs have battery-powered smoke detectors fitted outside doors, a temporary solution that the Prison Officers’ Association (POA) calls "not fit for purpose." POA chair Mark Fairhurst said: "I am afraid there will be more deaths. They obviously don’t care because if they did care, it would be a priority."
MoJ tests from 2007 found that prisoners lose consciousness within seven minutes of a cell fire and die within eight minutes. Despite this, more than 60 prisons are waiting for fire safety improvements, including 40 that need AFDs and seven where fatal fires have occurred.
Regulatory Failures and Crown Immunity
The Crown Premises Fire Safety Inspectorate (CPFSI), which oversees prison fire safety, has no power to prosecute government-owned prisons due to crown immunity. It has issued enforcement notices to HMP Eastwood Park and HMP Swaleside, where Christian Hinkley died in a 2019 cell fire. The watchdog has resorted to issuing "Step Away" notices, indicating it would pursue criminal charges if it could.
Mark Fairhurst described the regulator as a "toothless tiger." He said: "The fact that people could have been imprisoned over this if it wasn’t a Crown premises speaks volumes."
Prison Governors Caught in the Middle
Prison governors are responsible for health and safety but have no authority over whether a cell is certified for use. Tom Wheatley, president of the Prison Governors' Association, said this creates an uncomfortable situation if governors feel their bosses have certified unsafe cells. The union has drafted template letters for governors to use when they have concerns.
Andy Slaughter MP, chair of the justice committee, said the recent deaths and surge in fires should be a "wake-up call" for the government. He added: "How many more people have to lose their lives for the government to take this seriously?"
