Kingston Council could face criminal charges following the devastating Madingley fire that left 100 people homeless.

The London Fire and Emergency Planning Authority (LFEPA) has revealed it is investigating fire safety in communal parts of the block.

The authority refused to comment on details of the probe, but it is understood areas under scrutiny could include common areas, lifts, stairs and fire exits.

The investigation was revealed after the London Fire Brigade (LFB) rejected a Surrey Comet request for information held about the fire.

LFB cited an exemption in the Freedom of Information Act regarding information relating to investigations that “may lead to the decision by the authority to institute criminal proceedings”.

Former Norbiton councillor Steve Mama said he had raised the issue of fire safety in the tower blocks at council meetings.

He said: “The fire doors and stairwells were supposed to be replaced because they were broken and damaged.

“The executive member for housing said it would be done, and I assume the doors had been replaced.

“The glass panels were replaced but whether they were fireproof I don’t know.”

The blaze started when Kristie Byrne, who was suffering from mental health problems, set fire to a dictionary in her 12th-floor flat.

Byrne, 32, who is also known as Liya Bushman, was sentenced to an indefinite hospital order on Monday, November 1.

In January 2010, then executive member for housing Councillor Penny Shelton told councillors the fire brigade inspected Kingston’s tower blocks after the fatal Lakanal block fire in Southwark.

She said some work resulting from vandalism in communal areas was carried out, but none of the necessary work was significant and no formal action was needed.

Under the Regulatory Reform (Fire Safety) Order 2005 the person responsible for the premises must make fire precautions and risk assessments and ensure emergency exits are kept clear at all times.

They should also ensure properties are equipped with appropriate firefighting equipment, fire detectors and alarms.

A council spokesman said it took its responsibilities under the 2005 order very seriously.

He said: “The council has met with the LFB on a number of occasions to gain a better understanding of the incident and to ensure the learning from the fire can be used to make improvements.

“The council has not received any indication from the London Fire Brigade that it is intending to formally prosecute the council or anyone else in connection with the fire.”

LFEPA could not say when a decision about any possible criminal prosecutions would be made.