Lessons for social landlords from the Aalim Ahmed inquest
The inquest into the death of five-year-old Aalim Ahmed, who fell from a 15th-floor window in a Newham Council tower block, offers a stark lesson for social landlords not only in tenant safety but also in responding to any legal proceedings which might arise as a result.
The coroner found that window restrictors had been properly installed and were functional when inspected by two engineers in late 2023 and early 2024. Those documented inspection outcomes fundamentally shaped the coroner's conclusion that the window defect on the day of Aalim's death was caused by how the windows were being used by the occupiers of the property, not by any breach of the landlord's repairing obligation.
Without those documented inspection outcomes, the narrative could have been entirely different. The family's position that they had "repeatedly raised concerns" and that "the danger we had been reporting was never resolved” would have stood largely unchallenged by the evidence.
Although this was an inquest, it offers a learning opportunity for disrepair litigation too as claimants will often assert that reported issues were never properly addressed. For social landlords, this inquest reinforces that inspection records need to be more than a tick-box exercise.
Practical steps that should be embedded into every inspection process
Be specific about what was tested and found
A record stating 'windows checked - no issues' is of far less value than one stating "OBVA restrictor tested on kitchen window, found to be correctly installed and functioning within normal parameters." The engineers in this case were able to give credible evidence on their inspection precisely because their documented findings were detailed enough to withstand scrutiny in a coroner's court. In disrepair litigation, the position is even more acute: a witness may face questioning several years after the entry was made, by which time memories will inevitably have faded. Detailed and accurate contemporaneous records are so therefore essential, it is the record, not the recollection, that will carry weight.
Record the condition, not just the outcome
If a restrictor shows signs of wear, forced handling, or tampering, note it, even if it is still functional at the time of inspection. In this case, the coroner found evidence of "inappropriate use or use of force deployed to the windows throughout". In a disrepair claim, contemporaneous records noting signs of forced or inappropriate use can significantly strengthen a landlord's defence, as evidence of tenant misuse can substantially undermine a claim or defeat it entirely.
Photograph where possible
The coroner relied on police videos from the day of the death to assess the window's condition. In disrepair claims, photographic evidence taken at the point of inspection creates a visual baseline that can rebut later allegations about the condition of the property. It is far harder for a claimant to assert that a defect was never remedied when there are dated photographs showing the item in good working order.
Timestamp and attribute
Every record should clearly show who attended, when, what they found, and what (if any) follow-up was recommended. The fact that the two engineer visits could be pinpointed to specific individuals and dates in December 2023 and January 2024 gave them an authority that vague or undated records would lack. In disrepair litigation, disclosure of repair logs is routine, and records that are vague, lacking detail as to what was being inspected, undated, or incomplete will lead to adverse inferences being drawn by the court.
The message for social landlords
In disrepair litigation, the claimant's account of living conditions is often vivid, emotive, and difficult to challenge without hard evidence. This inquest demonstrates that thorough documentation can define the entire narrative. That documentation told a clear and credible story that withstood the scrutiny of a week-long inquest.
The message for social landlords is simple: if it is not documented, it did not happen. And in disrepair claims, what did not happen is what you will be held liable for.
Contact
Stephan Perera
Associate
stephan.perera@brownejacobson.com
+44 (0)3300451339