Son wins right to appeal over Romford house fire inquest

Gary Parkin said he was “elated” at the decision, handed down by Mrs Justice Farbey DBE at the High Court today (November 23).

Mr Parkin’s mother, Rosslyn Wolff, was found dead after a fire broke out in her house in Myrtle Road, Harold Hill, in January 2022.

Previous court hearings have been told that she lived in squalor, surrounded by dog and rodent faeces and piles of rubbish, but refused all attempts to intervene.

Her living conditions were so bad that her dog was removed by the police – but Rosslyn herself was left in situ.

Her family had raised concerns for years about her ability to make sound decisions about her own welfare.

Rosslyn Wolff's home was in such poor condition that the police took away her dog - but she was left in the property, despite her family raising repeated concerns about her mental state (Image: Gary Parkin)

Mr Parkin asked East London Coroner’s Court last year to grant an Article 2 jury inquest, saying the state had failed to adequately protect her from a known risk to her life.

When the court refused, he sought permission from the High Court for a judicial review, which was also refused.

Thursday’s hearing overturned that decision, meaning a new decision must now be taken over whether he can seek a judicial review.

Mr Parkin represented himself at the Royal Courts of Justice, telling the judge: “My mother’s death was avoidable… In my submission to you today it was systemic abuse by the NHS foundation trust.”

London Fire Brigade attributed the fire to a discarded cigarette which fell onto the rubbish which filled Mrs Wolff’s living room.

Mrs Wolff was described in court as 'a hoarder'. Shortly before she died, it was noted in mental health records that a fire risk assessment should be carried out. It was never done (Image: Gary Parkin)

Her living conditions were known to mental health service North East London NHS Foundation Trust (NELFT).

Months before her death, it had been noted that a fire safety assessment should be conducted at her home, but it was never done.

Her family has claimed that requests for intervention were continually rebuffed on grounds that she had the mental capacity to make her own decisions – despite going missing and being found by police in a “confused state”, resulting in her being sectioned months before her death.

At a pre-inquest hearing in August 2022, NELFT lawyer Giedrius Gencas admitted: “It is unclear whether Rosslyn had a full understanding of the risks posed by her living conditions.”

But in his decision refusing Mrs Wolff’s family a jury inquest, coroner Ian Wade QC wrote: “Her mental capacity had been assessed and she was deemed to have capacity. She was therefore entitled to exercise choice.”

Rosslyn Wolff died at her home in Myrtle Road, Harold Hill, on January 11, 2022 (Image: Paul Richards)

Barrister Frances McClenaghan told Mrs Justice Farbey on Thursday that the coroner service was “neutral” on whether Mr Parkin should be given leave to appeal.

She told the coroner that Article 2 of the Human Rights Act, requiring the state to safeguard the lives of vulnerable individuals, was triggered by a risk that was “present and continuing, as opposed to imminent”.

NELFT was represented by Ben Bradley, who said the trust admitted there had been shortcomings in Mrs Wolff’s care, but that these were “individual failings” rather than systemic failings.

He said concern for Mrs Wolff’s welfare had to be balanced against her “right to privacy” and “right to liberty”.

“She was entitled to live her life the way she lived her life,” Mr Bradley said, arguing that there had not been “a real and present risk of death”.

Gary Parkin said he was 'elated' at Mrs Justice Farbey DBE's decision (Image: Charles Thomson)

Mrs Justice Farbey ruled that it was arguable that there had been a “breach of operational duty” by NELFT.

She said it was arguable that the seriousness of the risk of death by fire, given Mrs Wolff was a known smoker and a known hoarder, “should have been on the minds of all those involved”.

A full explanation of her ruling will be handed down at a later date, she said.

Speaking outside the Royal Courts of Justice in the Strand, he told the Recorder: “I’m properly elated that finally, justice is getting done. I thought she was going to go against me but she didn’t.”