Why the Corporate Landlord Model Is Central to Health and Safety in Local Government
- truthaboutlocalgov
- Sep 23
- 9 min read
Updated: Oct 2
In local government, the stakes around health and safety compliance are not just high they’re existential. When protocols fail, the consequences can be catastrophic. We’re not simply talking about reputational damage or financial penalties. Under the Corporate Manslaughter and Corporate Homicide Act 2007, senior leaders including the Chief Executive can face criminal prosecution and imprisonment if serious failings in the management of health and safety result in death. This legislation was introduced to hold organisations accountable when systemic management failures lead to fatal incidents. But it also shines a spotlight on individual responsibility. If a council’s health and safety systems are found to be grossly inadequate, and those failings are linked to decisions or omissions by senior management, the legal consequences can be severe.
As one senior property director recently put it:
“If your corporate landlord model isn’t actively engaged, you’re gambling with people’s lives and your leadership’s liberty.”
This isn’t alarmist rhetoric it’s a call to action. Councils must treat health and safety with the seriousness it demands, and that starts with embedding a robust, proactive corporate landlord model that is not just written into policy but lived in practice. The corporate landlord model is the organisational backbone that ensures buildings are safe, risks are managed, and responsibilities are clear. Without it, councils risk fragmented accountability, inconsistent standards, and dangerous oversights. And when things go wrong, it’s not just the organisation that suffers individuals can be held personally liable under the Health and Safety at Work etc. Act 1974, particularly Section 37, which allows for the prosecution of directors and managers if offences are committed with their consent, connivance, or neglect.
In recent years, enforcement trends have shifted. The Health and Safety Executive (HSE) is increasingly targeting senior individuals in addition to organisations. Custodial sentences, disqualification from directorship, and personal fines are becoming more common, especially where there is evidence of wilful blindness or failure to act on known risks.
This legal landscape demands that councils move beyond compliance as a tick-box exercise. Health and safety must be embedded into the culture, governance, and leadership of the organisation. And the corporate landlord model is the mechanism through which that embedding happens.
Legal Consequences: What Happens When Councils Get It Wrong
The Corporate Manslaughter and Corporate Homicide Act 2007 created a statutory offence for organisations whose gross failings in health and safety management result in death. This applies to councils, NHS Trusts, and other public bodies.
To secure a conviction under this Act, prosecutors must prove:
The organisation owed a duty of care to the deceased.
There was a gross breach of that duty.
The breach was caused by the way senior management organised or managed activities.
The breach contributed to the death.
While individuals cannot be prosecuted under this Act, they can be prosecuted under the Health and Safety at Work etc. Act 1974, particularly:
Section 37: Liability of directors and managers for offences committed with their consent, connivance, or neglect .
Section 33: General offences including failure to ensure safety.
Sections 2 & 3: Duties to employees and non-employees.
Individual Liability: What Council Executives Must Understand
Under Section 37, if a health and safety offence is committed by a council and it is proven that a director, manager, or senior officer contributed to that offence through neglect, wilful blindness, or active consent, they can be personally prosecuted and punished .
This includes:
Turning a blind eye to known risks.
Failing to act on safety reports or whistleblower concerns.
Not resourcing or enforcing health and safety protocols.
Importantly, case law confirms that executives cannot avoid liability by structuring their organisation to keep themselves uninformed. Ignorance is not a defence.
Real-World Examples
Cambridgeshire County Council was fined £6 million in April 2025 after three people died and others were seriously injured on its Guided Busway . The HSE found that:
No risk assessments were conducted until five years after the busway opened.
Basic safety measures like lighting, signage, and pedestrian separation were missing.
The council chose to appeal enforcement notices rather than act on them.
Failures persisted for over a decade, despite repeated warnings.
London Borough of Havering was fined £500,000 after a maintenance worker was seriously injured by a cut-off saw. The sentencing judge initially set the fine at £1.3 million, reduced it due to mitigating factors and an early guilty plea. The council’s appeal to reduce the fine further was rejected .
Southern Health NHS Foundation Trust was fined £2 million after two patients died due to health and safety failings. The sentencing judge noted that the Trust’s management systems were far below acceptable standards, and the fine reflected the gravity of the breaches.
Recent Enforcement Trends
The Health and Safety Executive (HSE) has significantly ramped up enforcement activity:
In April 2025, HSE fines totalled nearly £11 million, compared to just £400,000 in January.
A 10-year prison sentence was handed down following a fatal paddleboarding incident due to poor planning and training .
Investigations now routinely involve HSE, police, CPS, and coroners, especially in cases involving fatalities.
The Sentencing Council’s guidelines emphasise that:
Offences are judged on risk creation, not just actual harm.
Fines and custodial sentences are based on culpability, likelihood of harm, and management failings.
Public bodies may receive reduced fines if they can demonstrate that penalties would significantly impact service delivery but this is not guaranteed.
Individual Liability: What Council Executives and Managers Need to Know
While councils as corporate entities can be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007, individual directors, Chief Executives, and senior managers are not immune from legal consequences. Under Section 37 of the Health and Safety at Work etc. Act 1974, if a health and safety offence is committed with the consent, connivance, or neglect of a senior officer, that individual can be prosecuted personally.
This means:
Turning a blind eye to unsafe practices can result in criminal charges.
Ignorance is not a defence case law confirms that directors cannot avoid liability by structuring their organisation to keep themselves uninformed .
Neglecting responsibilities, especially when health and safety is part of your remit, can lead to fines, imprisonment, and disqualification from holding future directorships .
Recent Case Example: Director Sentenced for Site Death
In a 2023 case, David Hartley, director of North West Facilities Ltd, received a six-month suspended prison sentence after a labourer was crushed during unsafe demolition work. The Health and Safety Executive (HSE) found that:
No risk assessment or method statement was in place.
The worker was untrained and unsupervised.
The director had failed to ensure safe systems of work .
This prosecution was under Section 37, and it demonstrated that individuals can be convicted even if the company itself is not prosecuted, provided the breach is attributable to their neglect or consent .
Sentencing Trends: Custodial Sentences on the Rise
Since the Sentencing Council’s 2016 guidelines, custodial sentences for health and safety offences have become more common. These guidelines emphasise that:
Offences are about risk creation, not just actual harm.
Sentences are based on culpability, the seriousness of the risk, and the likelihood of harm .
A 2019 review found:
57% of convicted individuals received fines.
10% received community orders.
25% received custodial sentences, though most were suspended .
Enforcement Trends: Multi-Agency Investigations and Higher Fines
Recent HSE enforcement data shows a sharp increase in both the scale of fines and the severity of penalties:
In April 2025, HSE fines totalled nearly £11 million, compared to just £400,000 in January.
A 10-year prison sentence was handed down following a fatal paddleboarding incident due to poor planning and training .
A £6 million fine was issued to a council for repeated safety failures on a guided busway that led to three fatalities.
These cases show that:
Simple failings like ignoring signage or dismissing staff concerns can lead to devastating outcomes.
Investigations now routinely involve HSE, police, CPS, and coroners, especially when fatalities occur.
How to Ensure Your Health and Safety Policies Are Up to Date
Maintaining up-to-date health and safety policies is not just good practice it’s a legal and ethical necessity. Councils manage complex estates, often with ageing infrastructure, multiple stakeholders, and vulnerable service users. A proactive, systematic approach is essential to ensure compliance, reduce risk, and protect lives.
Here are five key steps to help local authorities stay ahead:
1. Conduct a Full Estate Audit
Start with a comprehensive audit of your entire property portfolio. This should include:
Operational buildings (e.g. offices, depots, libraries)
Community assets (e.g. leisure centres, village halls)
Residential properties (e.g. temporary accommodation, care homes)
Leased and third-party managed sites
Don’t overlook non-core assets or buildings managed by external partners. Councils retain legal responsibility for health and safety in many cases, even when day-to-day operations are outsourced.
Use the audit to assess:
Physical condition
Compliance status (fire safety, asbestos, legionella, etc.)
Risk ratings
Occupancy and usage patterns
This forms the foundation for prioritising investment, maintenance, and policy updates.
2. Review and Update Policies Regularly
Health and safety policies must be living documents, not static PDFs buried in a shared drive. They should be:
Reviewed at least annually, or whenever legislation changes
Aligned with HSE guidance, sector best practice, and local risk profiles
Written in plain English, accessible to all staff
Embedded into operational workflows, not just governance frameworks
Consider involving frontline staff, property teams, and legal advisors in the review process to ensure policies are both practical and legally sound.
3. Train Staff Across All Levels
Training is critical to embedding a culture of safety. Everyone from caretakers to Chief Executives should understand their responsibilities.
Recommended actions:
Mandatory induction training for all new starters
Annual refresher courses for all staff
Role-specific training for facilities, property, and compliance teams
Leadership briefings for senior managers and elected members
Training should cover legal duties, reporting procedures, risk identification, and emergency protocols. Consider using e-learning platforms, toolbox talks, and scenario-based workshops.
4. Invest in Technology
Modern property compliance software can transform how councils manage health and safety. Look for systems that offer:
Automated alerts for inspections and renewals
Digital audit trails for accountability
Mobile access for on-site reporting
Dashboards for senior leadership visibility
Technology helps reduce human error, improve responsiveness, and demonstrate compliance during audits or investigations.
5. Establish Clear Reporting Mechanisms
Staff must feel confident and supported in raising health and safety concerns. Councils should:
Create simple, accessible reporting channels
Ensure anonymous options are available
Promote a no-blame culture that encourages early intervention
Provide clear escalation routes for serious risks
Whistleblowing protections should be robust, well-communicated, and regularly tested. Consider publishing anonymised case studies to show how concerns have led to positive change.
Making the Corporate Landlord Model Work
To truly embed the corporate landlord model, councils must move beyond theory and into practice. It’s not enough to have a policy document or a governance chart the model must be operational, empowered, and visible across the organisation. When done well, it becomes the cornerstone of safe, efficient, and accountable property management.
Here’s how to make it work:
1. Giving It Authority
The corporate landlord function must be more than advisory it needs real authority to enforce standards, challenge unsafe decisions, and intervene when risks are identified. This includes:
The ability to halt projects that don’t meet compliance thresholds.
A mandate to approve or reject property-related decisions across departments.
Direct access to senior leadership and elected members to escalate concerns.
Without authority, the model risks becoming a passive observer rather than an active guardian of safety.
2. Integrating It with Governance
Health and safety must be embedded into the council’s governance architecture. That means:
Making it a standing item at leadership team meetings, risk boards, and audit committees.
Ensuring property compliance is reflected in corporate risk registers.
Linking health and safety performance to strategic objectives and KPIs.
This integration ensures that property risks are not siloed they’re treated as core business risks with real-world consequences.
3. Resourcing It Properly
A corporate landlord model is only as strong as the team behind it. Councils must invest in:
Skilled professionals with expertise in compliance, asset management, and building safety.
Modern systems and tools to manage inspections, track risks, and maintain audit trails.
Ongoing training and development to keep pace with changing legislation and best practice.
Underfunded property teams cannot deliver safe estates. Budget pressures must not compromise statutory duties.
4. Breaking Down Silos
Health and safety is everyone’s business. The corporate landlord model must foster collaboration across:
Property and estates
Facilities management
Human resources
Legal and governance
Service departments (e.g. housing, education, adult social care)
This means shared ownership of risks, joint problem-solving, and clear communication channels. When departments operate in isolation, gaps emerge and those gaps can be fatal. As one Chief Executive shared:
“We stopped treating property as a back-office function. It’s now front and centre of our risk register and our leadership agenda.”
This shift in mindset is essential. The corporate landlord model is not just about buildings it’s about people, safety, and accountability. Councils that get it right protect lives, safeguard reputations, and build trust with their communities.
Final Thoughts
The corporate landlord model is not a luxury it’s a strategic necessity. In today’s complex local government landscape, where councils manage diverse estates and serve vulnerable communities, the risks associated with poor property oversight are simply too great to ignore. Health and safety compliance is not just about ticking boxes. It’s about protecting lives, safeguarding reputations, and upholding public trust. It’s about ensuring that every building a council owns, leases, or operates is safe, legally compliant, and fit for purpose not just today, but every day.
Councils must stop viewing property as a back-office function and start recognising it as a core enabler of service delivery, risk management, and leadership accountability. The corporate landlord model is the mechanism through which this shift happens. When properly resourced, empowered, and embedded, it becomes the council’s first line of defence against legal exposure, reputational damage, and most importantly harm to people. If your council hasn’t reviewed its corporate landlord model recently, now is the time. Because when it comes to health and safety:
Hope is not a strategy. Ignorance is not a defence. And inaction is not an option.
