Rosslyn Wolff fire death inquest lawsuit heard at High Court

One-time paralegal Rosslyn Wolff’s living conditions were so unsanitary that her dog was taken away for its own protection – yet she was left to live in the same filth.

Her refusals of help led relatives to repeatedly raise concerns with social services and mental health staff, fearing she had become incapable of making sound decisions.

But Rosslyn died in a house fire with a mental capacity test and a fire risk assessment, requested weeks earlier, having never been carried out.

Her son Gary Parkin wants this investigated at a jury inquest as a potential state failure.

But Havering Council, the NHS and East London Coroner’s Court are fighting him, insisting Rosslyn had decision-making capacity.

Mrs Justice Collins-Rice, who presided over former GB News host Laurence Fox’s defamation case, heard arguments from all four parties on Tuesday (March 19).

Mr Parkin, who described the public bodies' arguments as "disgusting" after the hearing, must now wait to hear whether she will grant his request.

Gary Parkin, pictured outside the High Court on Tuesday, March 19, said he found it 'disgusting' that state agencies continued to insist his mother had chosen to live in squalor, when common sense dictated that she had not been of sound mind (Image: Charles Thomson)

Missed opportunities?

Rosslyn, 74, died in a fire at her house in Myrtle Road, Harold Hill, when a discarded cigarette set light to the sofa in her living room.

Barrister Taimour Lay, for Mr Parkin, told the court on Tuesday that in October 2021, mental health professionals ordered a fire risk assessment of Rosslyn’s home and visits to offer her help with her living conditions.

In October and November 2021, the social workers attended several times. On each occasion she either was not home or refused help.

“I don’t know why people think that I’m losing it,” she said.

On December 10, a social worker warned of the continuing fire risk. It was noted that an experienced mental health practitioner should “assess mental capacity”.

But between December 10 and the fatal fire on January 11, 2022, nobody visited, no capacity test was done and the fire assessment was never ordered.

“Mrs Wolff drops off the radar,” said Mr Lay, adding that as an “elderly, frail, vulnerable woman”, she was at particular risk.

“All of that adds up, I say, to a real and immediate risk to life that state agencies knew of and identified at the time."

That meant a jury inquest was possible under Article 2 of the Human Rights Act, he argued.

Rosslyn Wolff's home was full of rotting dog faeces and rubbish. The conditions were so unsanitary that her dog was taken away by police - yet she was left to live in the same filth. The authorities say she was of sound mind and wanted to live like that (Image: Gary Parkin)

Risk to life?

At a December 2021 meeting, said Mr Lay, it was specifically noted that Rosslyn’s living conditions “may lead to her untimely death”.

But, said Bridget Dolan KC, for East London Coroner’s Service, the risk was an “ordinary” one.

She said only “extraordinary” risks engaged Article 2, as anything else would place a “disproportionate burden” on the government.

“Isn’t everybody who smokes at home and falls asleep with a cigarette on their sofa at the risk of setting light to themselves?” she asked. 

Ben Bradley, representing mental health trust North East London NHS Foundation Trust (NELFT), argued that there was no specific evidence of a risk to life.

“There are numerous foreseeable consequences of house fire that would fall far short of the death of Mrs Wolff," he said.

Rosslyn Wolff, 74, was found dead after a fire broke out at her home in Myrtle Road, Harold Hill, in January 2022. Her family had raised persistent concerns about her living condition and her mental health (Image: Gary Parkin)

Capacity

In a 2022 pre-inquest hearing, NELFT’s lawyer Giedrius Gencas admitted Rosslyn had been noted as having capacity without undergoing a full capacity test.

“It is unclear whether Rosslyn had a full understanding of the risks posed by her living conditions,” he said.

But at the High Court, all three public bodies said the law nonetheless demanded a person be treated as having capacity unless proven otherwise.

“Their hands are tied behind their backs,” said Mr Bradley. 

“It’s quite clear she knew what she wanted,” argued Julia Kendrick, for Havering Council.

She said further offers of help could have amounted to “potentially irritating but also upsetting intervention from the state".

“She refused assistance,” agreed Mrs Dolan. 

“They had no power to remove her from her home. They had no power to take the lighter out of her hand or remove the cigarettes or smoking materials from her… No power to stand there 24/7 and watch her to make sure she didn’t drop a cigarette."

She said Rosslyn already had working fire alarms.

“What is the arguable failure here?" asked Mrs Dolan.

“Is it actually arguable that had social workers gone back after the ninth of December, something different would have happened that meant Mrs Wolff was not at home with her cigarettes?”

The judge said: “I will reserve the judgment so that I can think about it.”