Compromises in UK Coastguard Operations were Contributing Factors leading to that Tragic Loss of at least 27 Lives in the Channel (9 November 2023)

The Marine Accident Investigation Branch (MAIB) have released a 112 page report into the deadliest channel disaster for more than 30 years, which saw at least 27 lives lost. The report exposes an understaffed and under-resourced coast guard, a chaotic control room and poor communication between France and the U.K.

On 24 November 2021 at least 27 people drowned whilst attempting to cross the English Channel in a small inflatable boat. It has taken two years for the MAIB investigation to conclude the investigation, the result of which has been published today. Maria Thomas of Duncan Lewis represent the families of 18 victims and one of the only two survivors.

The report describes a number of serious shortcomings in respect of staffing levels, resources including available surface assets, disorganisation within the control room, lack of oversight, failure to accurately record and log calls resulting in confusion in respect of what incidents have been responded to, and an overall display of chaos in relation to those coordinating the SAR.

Our clients note with concern the lack of in-depth review of the adequacy of the SAR operational framework in the English channel that existed at the time, including the performance of search and rescue functions by Border Force officials and vessels, and the adequacy of provision and policy in the Marine Coastguard Agency. The report has failed to investigate potential systemic failings during the incident, which may have contributed to the scale of the accident and give rise to a risk of loss of life in the future.

It is now clear that the search for the vessel containing our clients’ relatives was ceased after the Border Force vessel Valliant rescued persons from vessels whose condition did not match the condition and distress conveyed in earlier emergency calls from our clients’ relatives. In that context our clients are saddened to note the observation that “the coastguard’s experience was that migrants would make repeated and desperate calls for help, screaming to be rescued and claiming a variety of distress situations, such as medical emergencies or failure of equipment. Upon recovery by the UK authorities such accounts were often found to be exaggerated or false”.

Our clients consider this an unacceptable attempt to justify complacency and transferring responsibility of HMCG’s failure to those seeking rescue. This assertion is not evidenced or examined further for its accuracy and veracity in the report.

In response to the publication of the MAIB report the Transport Secretary announced on 9 November 2023 that a non-statutory inquiry will be launched. Whilst the families welcome the Minister’s commitment to an independent investigation, it remains their position that this must be a statutory inquiry under the terms of section 1(1) of the Inquiries Act 2005. The inquiry must have the power to compel the attendance of witnesses and disclosure of evidence. The public interest and number of fatalities in this case call for an investigation into the potential systemic failings during the incident, which may have contributed to the significant loss of life and give rise to further loss of life in future.

On behalf of the families we call on the Minister to reconsider the decision and announce a statutory inquiry, to ensure that these tragic events are fully and adequately investigated.

If you have been affected by the Channel disaster, or require advice or assistance on any other matter of Public Law, contact Maria Thomas via email at MariaT@duncanlewis.com or via telephone on 020 3114 1237