Grenfell Inquiry Finds “Deeply Entrenched and Persistent Dishonesty” in Kingspan's Marketing of K15 Insulation

Summary

The Grenfell Tower Inquiry's final report, published on 4 September 2024, made severe findings against Kingspan concerning the development, fire testing, certification and marketing of its Kooltherm K15 insulation for use on high-rise buildings. Following years of evidence gathering, the independent public inquiry concluded that the history of Kingspan's development and marketing of K15 for buildings over 18 metres between 2006 and 2019 was characterized by what it called “deeply entrenched and persistent dishonesty” in pursuit of commercial gain, coupled with a complete disregard for fire safety. Grenfell Tower Inquiry – Phase 2 Report, Volume 2 (official report, including Chapter 22 on Kingspan K15): https://www.grenfelltowerinquiry.org.uk/report/phase-2/volume-2.html UK Government – Complete Grenfell Tower Inquiry Phase 2 report: https://www.gov.uk/government/publications/publication-of-the-grenfell-tower-inquiry-phase-2-report The Inquiry found that Kingspan marketed and sold K15 for many years while relying heavily on fire tests performed on a different version of the product. According to the final report, the particular product subjected to the tests on which Kingspan purported to rely was no longer available and had not been sold since 2007 at the latest. The Inquiry concluded that this was not a mistake or misunderstanding but was done deliberately. It found that Kingspan did not tell the market that the fire tests it relied upon concerned a product that was no longer being sold. The relevant test and classification reports were not withdrawn until October 2020, after the Grenfell Tower Inquiry's investigations brought the issue to light. The Inquiry also examined Kingspan's claims concerning the fire classification of K15. Kingspan promotional literature from 2001 onwards described K15 as having a national Class 0 classification, with some marketing material separately describing both the complete product and its insulation core as “Class 0 fire rated.” The Inquiry concluded that some of those representations were technically unsustainable and formed part of a broader pattern in which the product's fire performance and suitability for high-rise construction were misrepresented. The final report concluded that Kingspan's marketing helped create a spurious market for polymeric insulation represented as suitable for general use on high-rise buildings, including buildings above 18 metres. The Inquiry also criticized certification bodies. It found that the British Board of Agrément (BBA) and Local Authority Building Control (LABC) failed to scrutinize Kingspan's claims rigorously enough and issued or maintained certification containing misleading information concerning K15's fire performance and suitability. However, the Inquiry did not treat those regulatory failures as an excuse for Kingspan's conduct. Its overview concluded that dishonest strategies by manufacturers including Kingspan succeeded partly because certification bodies failed to exercise sufficient independence and scrutiny. Grenfell Tower Inquiry – official summary of findings: https://www.grenfelltowerinquiry.org.uk/news/statement-publication-phase-2-report The Inquiry's broader investigation found systematic dishonesty among manufacturers, including deliberate manipulation of testing processes and calculated attempts to mislead purchasers into believing combustible products complied with statutory guidance concerning their use. Important distinction concerning Grenfell Tower: Kingspan K15 represented only a small amount of the insulation installed on Grenfell Tower. Kingspan was not responsible for specifying K15 for the refurbishment and has stated that it did not know its product had been used on the building until after the fire. The evidence should therefore not state that Kingspan caused the Grenfell Tower fire or that Kingspan was responsible for the 72 deaths. The Rotten Company evidence concerns the independently established findings regarding Kingspan's historical testing, certification and marketing practices for K15 across the wider high-rise construction market. Company response – Kingspan's Grenfell Inquiry information and statements: https://www.inquiry.kingspan.com/ Company position: Kingspan has acknowledged what it describes as wholly unacceptable historical failings in its UK insulation business and has apologized for those shortcomings. At the same time, Kingspan strongly distinguishes those historical practices from responsibility for the Grenfell disaster itself. Kingspan maintains that K15 comprised only a small proportion of the insulation used on Grenfell Tower and says the product was used without the company's knowledge. It has also emphasized changes subsequently made to its fire-safety, testing, compliance and governance practices. The Inquiry nevertheless made direct findings concerning Kingspan's historical corporate conduct rather than merely recording allegations made by victims, competitors or campaigners. Key facts: The Grenfell Tower Inquiry published its final report on 4 September 2024; the Inquiry examined Kingspan's testing and marketing of Kooltherm K15; it found Kingspan relied for years on tests involving a different version of the product; it concluded that this was done deliberately rather than through mistake or misunderstanding; Kingspan did not inform the market that the product used for important historical tests was no longer the product being sold; relevant test and classification reports remained in circulation until October 2020; the Inquiry concluded that Kingspan's development and marketing of K15 for buildings above 18 metres between 2006 and 2019 involved deeply entrenched and persistent dishonesty in pursuit of commercial gain and disregard for fire safety; and the Inquiry found that Kingspan's marketing helped create a spurious market for polymeric insulation represented as suitable for high-rise buildings. This case is particularly significant because these conclusions came from the Grenfell Tower Inquiry after a multi-year public investigation, rather than from an unresolved civil allegation. The findings concern deliberate corporate behavior involving fire-safety testing and representations made to a construction market that relied on accurate safety information when selecting materials for high-rise buildings. At the same time, corporate accountability for those practices should remain separate from responsibility for the Grenfell fire itself. Kingspan's K15 represented only a small proportion of Grenfell Tower's insulation, and the evidence does not justify attributing the fire or the resulting deaths directly to Kingspan. The appropriate misconduct finding is therefore dishonest testing, certification and marketing practices concerning a fire-safety-critical construction product, exactly as documented by the Inquiry.