HMICFRS national recommendations

Purpose of report

For discussion.

Summary

The report outlines the current approach taken by the LGA to respond to the four national recommendations made by Her Majesties Inspectorate for Constabulary and Fire & Rescue Services (HMICFRS) in their State of Fire & Rescue report in January 2020 and asks for members of comments on key elements of that approach.

Recommendation/s That members consider and offer comments on the discussion questions in paragraphs 7, 10, 13 and 16. Members are also asked to comment on the draft letter to the Fire Minister which is attached as Appendix A. Action/s Officers to note members comments and respond to the Fire Minister about the work of the LGA on the HMICFRS recommendations by his deadline of the end of June.

Contact officer:	Lucy Ellender

Position:	Senior Policy Adviser

Phone no:	0207 664 3321

Email:	lucy.ellender@local.gov.uk

HMICFRS

Background

HMICFRS published their “State of Fire” Report in January. It outlined four recommendations for the sector on the role of the fire service and those that work in it; the pay machinery, including the Grey Book; the need for operational independence for Chief Fire Officers; as well as the introduction of a Code of Ethics. The LGA held discussions on these issues at the LGA’s Annual Fire Conference in March, and Lead Members and the National Fire Chiefs Council (NFCC) have met to discuss these issues further.

In May the Fire Minister, Lord Stephen Greenhalgh, wrote to Fire and Rescue Authorities (FRAs) to ask for their views on the recommendations within Tom Winsor’s State of Fire Report. At the Fire Commission he set out his concerns on the recommendations and outlined his particular focus on People, Professionalism and Governance, which link to the recommendations from HMICFRS.

This paper explores the recommendations and the LGA response to them further, and provides some questions for discussion. Officers will use members comments to further develop the response to the Minister, a draft copy of which is attached as Appendix A.

HMICFRS Recommendations

Recommendation 1: By June 2020, the Home Office, in consultation with the fire and rescue sector, should review and with precision determine the roles of: (a) fire and rescue services; and (b) those who work in them.

The LGA has previously stated that the role of the Fire and Rescue service as set out in legislation is clear. The fire and rescue service’s role is to respond to fires, promote fire safety, respond to road traffic collisions and other emergencies as outlined in the Fire and Rescue Act 2004. Services also undertake fire protection regulatory work through the Fire Safety (Regulatory Reform) Order.

We have seen from the COVID-19 response that agreements can be reached between employers and unions to extend the roles of firefighters when necessary. However, to do so requires effective negotiation machinery which has the confidence of those party to agreements. Any changes proposed should be mindful of that and the impact on devolved administrations who were not involved in the inspectorate report.

Discussion questions:

Are members still content that the role of the fire and rescue service is clearly set out?

Do members agree with the assertions in the response on protection work being given a higher focus and the need for Government support to train staff to undertake this work?

Recommendation 2: By June 2020, the Home Office, the Local Government Association, the National Fire Chiefs Council and trade unions should consider whether the current pay negotiation machinery requires fundamental reform. If so, this should include the need for an independent pay review body and the future of the ‘grey book’.

The LGA has been conducting work to look at different pay body options if we did not have the National Joint Council (NJC).

Discussion questions:

Do members agree that it is important for the sector to retain control of the paybill?

Do members agree that developing options relating to the NJC continue to be explored for the negotiation of pay, terms and conditions across the UK?

If so, what reforms to the current model would members wish to see?

Do members support a review of the Grey Book as previously proposed by the National Employers?

Recommendation 3: By September 2020, the Home Office should consider the case for legislating to give chief fire officers operational independence. In the meantime, it should issue clear guidance, possibly through an amendment to the Fire and Rescue National Framework for England, on the demarcation between those responsible for governance and operational decision making by the chief fire officer.

Lead Members have discussed the issue of operational independence with the NFCC as well as with the Minister. As outlined in the draft response the LGA does not feel that there is a need for further legislation on the role of the Chief Fire Officer and FRA. The response sets out the role of the chief and the chair as we currently understand it.

Discussion questions:

Are members content that further legislation is not necessary to delineate the roles of the Chief Fire Officer and the Fire and Rescue Authority?

Recommendation 4: By December 2020, the National Fire Chiefs Council, with the Local Government Association, should produce a code of ethics for fire and rescue services. The code should be adopted by every service in England and considered as part of each employee’s progression and annual performance appraisal.

In discussion with lead FSMC members, officer work is underway with the NFCC to respond to the recommendation. Such work includes, at the suggestion of the NFCC, exploring whether a model code of conduct could be an alternative approach. Early discussion with the Home Office indicates its preference for a single code as described in the HMICFRS recommendation. Another option, which would be closer to the recommendation, is a core code based on Nolan principles, which could be added to but not detracted from. Good principles are good principles regardless of the status. Either a model code or a core code would assist services that are part of a county council and will be expected to comply with the council’s code.

Alongside the above work on a code of ethics with the NFCC, the Fire Standards Board is in the process of developing a standard to set out that each fire and rescue service should demonstrate:

A clearly articulated vision and direction for the fire and rescue service and the ethics and values against which it operates.

A clear statement of the attitudes and behaviours it expects of its employees, consistent with ethical and behavioural codes across the public sector.

That leaders and employees are both aware of and understand the Service vision and how their roles link to it; and demonstrate ethical standards, values, and behaviours in all that they do.

Discussion questions:

Which approach would members prefer that officers take in responding to the HMICFRS’ recommendation:

A single code of ethics, which services would be expected to adopt and which HMICFRS would inspect against?

A model code of ethics, to provide an example which services may adopt?

A core code of ethics, based on Nolan principles which services would be expected to adopt, then be able to add to but not detract from?

Implications for Wales

Recommendations by HMICFRS have been made following an inspection of English fire and rescue services, however recommendation three and any changes resulting from it in England will impact upon the fire and rescue services for Scotland, Wales and Northern Ireland because the NJC is a UK wide body.

Financial Implications

Moving away from the NJC as the structure for national pay, terms and conditions negotiations may result in additional costs to FRAs.

Next steps

Members to comment on the content of the paper and discussion questions.

Officers to note the comments of the members and to finalise the response to the Minister in consultation with FSMC Lead Members by the Minister’s deadline.