
On behalf of the survivor and the families of the victims, we welcome the Inquiry’s findings and recommendations. The rigorous and detailed analysis by a senior member of the judiciary reflects the importance and seriousness of the matters under investigation, and offers some comfort in what continues to be difficult times for our clients. 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.
Avoidable Deaths and Systemic Failures
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 onboard equipment rests solely with the smugglers. However, it confirms that the search and rescue operation on the 23-24 November was marred by systemic issues within His Majesty’s Coast Guard (“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 pf procedures for the freestanding mobile phone, inadequate communication between HMCG and Border Force, and incomplete record keeping.
Bias Against Small Boat Distress Calls
The report concludes that it was the combination of the above failures together with a widely held belief within HMCG that those travelling on small boats were likely to exaggerate their level of distress and not in genuine need of rescue (15.42). This made it possible for the SMC to conclude that Charlie had been located and disembarked and occurred despite an obvious conflict between information provided by callers from Charlie 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.
Training Failures and Risk Assessment
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, which “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.
Need for Independent Oversight
The Inquiry has enabled the families of the victims to understand what happened onboard small boat Charlie. The extent of the systemic failures within HMCG would not have been uncovered without this Inquiry. The Chair concludes that the internal review of HMCG of the 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.
Support for Recommendations
Our clients accordingly welcome the Chair’s rejection of the idea that the HMCG cannot be externally reviewed (17.45), and support the recommendation for an independent oversight body to be established (R.12). 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 (R.11).
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).
Lead solicitor Maria Thomas said:
“Our clients, a survivor and the families of more than 30 men, women and children who died that day, have been told that those deaths were avoidable and that the widely held belief that those on small boats exaggerate their level of distress directly contributed to this outcome. The rigorous and detailed analysis by a senior member of the judiciary reflects the importance and seriousness of the matters under investigation, and offers some comfort in what continues to be difficult times for our clients.
We welcome the Chair’s findings, which reflect what our clients have maintained from the very beginning, and the reason they have fought so bravely and tirelessly for an independent public Inquiry: the deaths of more than 30 men, women and children were avoidable. The report confirms that the search and rescue operation on the 23-24 November was marred by systemic issues within His Majesty’s Coast Guard.
Devastatingly, 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. This is consistent with the beliefs of the families and survivor. The survivor and families welcome these findings and the Chair’s recommendations to prevent a similar tragedy ever happening again.
What the Inquiry has established is the extent to which normalcy bias has infected decision-making processes in respect of small boats SAR operations. The report highlights 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, which creates “a risk that callers from a small boat facing a real emergency may not be believed when giving information”.
Importance of the Inquiry
On behalf of our clients we welcome this long awaited report, the findings of which are stark. It must not be overlooked that without this Inquiry the families would have forever remained in the dark as to what happened during their loved ones’ final hours. The survivor’s evidence would never have been made public. The extent of the systemic failures within HMCG would never have been known. The government of the day was quite prepared to characterise the tragedy as an event for which the French were wholly responsible, which we now know it not the case.
About Maria Thomas - Lead Solicitor
Maria Thomas leads Duncan Lewis' legal team in the Cranston Inquiry, representing the families of 24 victims and a survivor of the 2021 Channel disaster—the biggest loss of life in the Dover Straits in over three decades. Following more than two years of pressure from her legal team on behalf of the families, the Cranston Inquiry was established in January 2024 under the chairmanship of Sir Ross Cranston to investigate the events of that night and make recommendations to prevent similar tragedies.
Duncan Lewis represented the survivor and the families of those that died. The legal team at Duncan Lewis consisted of Maria Thomas, the lead solicitor, supported by Toufique Hossain, Nicholas Hughes, Manini Menon and Laura Blythe.
Counsel instructed: Sonali Naik KC, Alex Schymyck, Sophie Lucas, Nadia O’ Mara, of Garden Court Chambers; James Robottom, Zoe McCallum, and Rosalind Comyn of Matrix Chambers and Sarah Dobbie, of Doughty Street Chambers.