11.1 COULD THE CURRENT DEFECTS HAVE BEEN FOUND EARLIER?

11.1.1 In relation to the key question asked in Remit Item 5, the Inquiry is of the view that the defective embedment of the wall-ties and the presence or otherwise of secondary steelwork such as head restraints could not have been found earlier through normal visual inspection of the walls unless there had been some outwardly visible indications or signs of distress, such as bulging or cracking of the walls.

11.1.2 A visual inspection of the external walls of all the PPP1 schools had been carried out as a precautionary check after the collapse of the wall at Oxgangs School. Despite the subsequent evidence of widespread defects discovered through the programme of intrusive surveys undertaken, the visual inspection undertaken by teams of experienced structural engineers gave no reasons for concern that the similar defects were present.

11.1.3 The only time at which this defective construction within the cavity could have been detected was during regular quality inspections of the work at the time of construction prior to the work being closed in or through subsequent requested opening up of walls for inspection during construction, which would not have been usual without some outward indication that the work may be defective.

11.1.4 In relation to the recent discovery of breaches in the fire-stopping, the Inquiry is of the view that their discovery should not have required a proactive request from the Council for reassurance on this issue and that these breaches of fire-stopping should have been identified and remedied much earlier through appropriate on-going inspection of the premises by the facilities management company.

11.1.5 It is difficult for the Inquiry to be specific about the number of breaches identified in the fire-stopping surveys that dated from the original construction but it would appear from evidence of the photographs that a proportion would have done so. What is irrefutable is that many of these breaches did not suddenly appear in recent months.

11.1.6 Accordingly, it is the view of the Inquiry that the defective fire-stopping could have been identified earlier and that, prior to the recent actions of ESP and Amey, there had been a failure to identify, report and remedy the breaches in fire-stopping from which ever date they were first caused.