Many thanks to both for your advice.
The powerpoint answers the point perfectly and yes as you both point out the staircase is not a protected stair.
Thought about this for a while and do have a fall back of enclosing the stair at the bottom rather than the top.
But I was looking at it this way:
The worst case scenario for which my proposal may not be a safe solution is that someone is ill or blotto in bed downstairs and a smouldering fire occurs on the first floor causing total smokelogging of first the upper level and then as the cool smoke drifts downwards smoke in the entrance hall. But I cant see it being dense smoke in the lower level unless or burning materials from a fire upstairs fall down the open stairs, say Christmas decorations for example.
Whilst enclosing the staircase would give protection in these scenarios, the main entrance door to the flat is a maximum of 1.5m from the bedroom doors, and offset from the stair. The persons in the bedrooms on the lower level are probably at less risk than if the flat was all on one level and the same fire occurred in the lounge?
If we do enclose the staircase, and a fire occurs downstairs, the smoke and heat will be contained and concentrated within the escape route rather than rising to the first floor where there is a substantial smoke reservoir.
My view was that the increased risk to persons on the upper floor by enclosing the stair outweighed the increased risk to persons on the floor below by not doing.
But I cant give any empirical evidence to back this up- hence the fallback position if push comes to shove.