We welcome the Inquiry’s findings and recommendations for the families of the deceased and the survivor. The rigorous and detailed analysis by a senior member of the judiciary reflects the importance and seriousness of the matters under investigation. We would like to take this opportunity to thank the Chair and his team for their unwavering commitment to uncover the truth of what happened on the night of 23-24 November 2021.
The Chair’s report confirms that the deaths which occurred on 24 November 2021 were avoidable.
The report acknowledges that the responsibility for the condition of the boat and any equipment lies solely with the smugglers. However, it confirms that the search and rescue operation on the 23-24 November was marred by systemic issues within HMCG, including but not limited to: insufficient staffing levels which placed operational staff in an “intolerable position”; lack of available and/or appropriate surface assets: lack of effective situational awareness due to the network flexing model; poor call handling and lack of procedures for the freestanding mobile phone; inadequate communication between HMCG and Border Force; and incomplete record keeping.
The survivor and families are satisfied that these issues are all addressed within the Chair’s recommendations.
The report concludes that it was the combination of the above shortcomings together with a widely held belief within HM Coast Guard (HMCG) that those travelling on small boats were likely to exaggerate their level of distress and were not in genuine need of rescue (15.42) which made it possible for the SMC to conclude that the small boat in distress had been located and disembarked.
This was despite an obvious conflict between information provided by callers from the small boat and the information obtained from the small boats that were successfully recovered by UK Border Force on the night (12.12). The report concludes that if a search for survivors had been undertaken adequately during 24 November 2021, more lives would have been saved, including those who remain missing (15.46; 15.12). This is consistent with the beliefs of the families and survivor.
There is no doubt that maritime search and rescue is a complex issue, and that the unique features of small boat crossings create difficult and challenging conditions for those involved. Notwithstanding these difficulties, the reports considers that the systemic failure by HMCG to consider and act on the risk posed by the widely held belief that callers regularly exaggerate their levels of distress, “created a risk that callers from a small boat facing a real emergency may not be believed when giving information” (15.41).
The report concludes that the HMCG made no efforts to ensure that staff received appropriate training to displace this belief. Our clients strongly support the Chair’s recommendation that the HMCG must provide frequent training and retraining in aspects of specific to small boats on, in particular, assumptions about exaggeration in calls made to emergency services (Recommendation 4).
The report concludes that the HMCG made no efforts to ensure that staff received appropriate training to displace this belief. Our clients strongly support the Chair’s recommendation that the HMCG must provide frequent training and retraining in aspects of specific to small boats on, in particular, assumptions about exaggeration in calls made to emergency services (Recommendation 4).
The Inquiry has enabled the families of the victims to understand what happened onboard the small boat. The extent of the systemic failures within HMCG would not have been uncovered had this Inquiry not been established.
The Chair concludes that the internal review of HMCG of the Search And Rescue (SAR) response on 23-24 November 2021 (16.24) fell short in its effectiveness. The evidence – and indeed the Chair’s conclusions – plainly show that HMCG cannot be trusted to evaluate its own performance.
The Chair rejected the contention that the HMCG cannot be externally reviewed (17.45), and supported the recommendation for an independent oversight body to be established (Recommendation12). Our clients further welcome the recommendation for the century old Coastguard Act 1925 to be brought up to date to include clear definition the functions and organisation of HMCG (Recommendation.11).
The ability to hold public bodies to account is a cornerstone of a functioning democracy The outcome of this Inquiry, which arose out of the important procedural obligations on the state under Article 2 of the ECHR, exemplifies the fundamental British values of fairness, equality and respect for the rule of law.
We trust that the Government will treat the findings of Sir Ross Cranston with the respect and urgency they deserve and implement the 18 recommendations without delay. It is hoped that the Government will accept the Chair’s offer of assistance in that regard (17.72).
Joint Head of Garden Court, Sonali Naik KC, leading a team of juniors (James Robottom, Zoe McCallum, Rosalind Comyn of Matrix) Sarah Dobbie (Doughty Street Chambers) and Sophie Lucas, Nadia O’Mara, Alex Schymyck of Garden Court, acted for the 27 families and the survivor instructed by Maria Thomas, Nicholas Hughes, Manini Mennon, and Toufique Hossain of Duncan Lewis solicitors.
