Memorandum by the Local Government Association
(LGA) (FRS 37)
SUMMARY
1. There have been considerable changes
in the fire and rescue service since the ODPM select committee
published its last report in this area in January 2004. The LGA
wishes to take this opportunity to set out the distance we have
already travelled, as well as highlighting a number of areas where
considerable work is still needed if we are to achieve the aim
of a modern, effective fire and rescue service.
2. In considering areas of progress, we
note particularly:
— the development of Integrated
Risk Management Plans;
— success in tackling fire and
the impact of fire;
— changes to negotiating machinery;
— impressive progress towards
efficiency targets;
— the move to a new pensions scheme
for firefighters;
— the greater clarity over the
roles and responsibilities of Regional Management Boards; and
— the increasing numbers of co-responding
schemes.
3. We would then wish to draw to the attention
of the committee a number of areas on which we consider further
work to be needed if the Fire and Rescue Service is to continue
to develop and improve, in particular:
— the need for transparent governance
arrangements and accountability in the regional dimension;
— the importance of sustainable,
long-term solutions for the range of modernisation projects to
which ODPM is currently heavily committed;
— the continuing lack of a coherent
strategy from central government to support the installation of
sprinklers in schools and other buildings where vulnerable people
are situated;
— the need to recognise the considerable
demands on the fire and rescue service in driving through a major
programme of change, while continuing to provide a first class
service to the public;
— the slow progress being made
in achieving greater diversity within the service;
— the pressures on the retained
service; and
— the need for effective action
to reduce attacks on firefighters.
4. In view of the focus of the committee's
inquiry, our submission then makes some specific remarks on FiReControl
and Firelink.
ABOUT THE
LGA
5. The LGA was formed on 1 April 1997 from
the belief that one voice was needed to present the case for local
government. As the national voice for local government, the LGA
speaks for just under 500 local authorities representing over
50 million people and spending £65 billion a year on local
services. We exist to promote better local government and represent
the local authorities in England and Wales.
6. This memorandum has been agreed by the
lead members of the LGA's Fire Services Management Committee,
the body delegated to deal with the fire and rescue service issues
on behalf of the LGA's Safer Communities Board. We should be happy
to provide further information on any of the points raised here,
either in writing or at an evidence session.
MODERNISATION: THE
STORY SO
FAR
7. The 2004 pay deal set out a clear framework
for the future of the fire and rescue service: new roles for authorities,
and enhanced pay for firefighters in return for modernised working
practices—in particular, the flexibility to manage service
provision to meet local needs. Local government is at the sharp
end of delivering on this agreement, and the leadership offered
by elected members has played a crucial role in driving change.
The challenges they face in doing so are considerable (as recent
industrial action demonstrates), but the political will to drive
improvements for the benefit of local communities is strong, and
good progress is being made.
8. The results of the Fire CPA demonstrated
the importance of strong leadership from elected members in driving
performance. The LGA is working closely with the Improvement and
Development Agency to take forward work to develop leadership
capacity, building on existing resources such as councillor mentoring,
the Leadership Academy, IDeA Knowledge (an online information
sharing service) and bespoke support. In addition, we are working
with CFOA and the ODPM to disseminate examples of notable and
innovative practice to support future improvement.
9. The cross party Fire Services Management
Committee, formed earlier this year, meets formally bi-monthly
(and communicates regularly between meetings) to consider the
key issues facing fire authorities and how best the LGA can support
delivery. In addition, our Fire Forum provides a valuable opportunity
for elected members from all fire authorities to meet on a regular
basis to share information and good practice.
10. The LGA will continue to support fire
authority members in their leadership role, and to work constructively
with ODPM, CFOA, the IDeA, the Audit Commission and other stakeholders
to drive forward modernisation. The following paragraphs provide
a flavour of what has been achieved so far.
Integrated risk management planning
11. Integrated Risk Management Plans (IRMPs)
are at the heart of the modernisation agenda. We are now in the
second year covered by the plans, and fire and rescue authorities
have embraced the opportunities they offer to work in partnership
to deliver a better service more efficiently. There is always
scope to improve still further, and the LGA will continue to work
closely with fire and rescue authorities, the Chief Fire Officers'
Association, ODPM and other stakeholders to disseminate examples
of positive practice and to support authorities in developing
their action plans and preparing future IRMPs.
12. The timing of the publication of the
National Framework does, however, present some problems for authorities.
We understand that ODPM's intention had been to publish the draft
Framework each September to allow authorities to consider the
implications in their own IRMP consultation documents. This year,
however, the draft framework was not issued until November, with
a closing date for consultation of 18 February 2006. For many
authorities, this year's IRMP consultation period will have now
closed, or will be closing shortly, and budgets must be agreed
in February. The late publication of the draft framework means,
therefore, that they will not now be able to consult on how its
implications should be reflected in their IRMPs, and will severely
limit the extent to which they can be considered in the budget
setting process. While we welcome the move to National Framework
covering a two-year, rather than a one-year period, it will be
important that future publication schedules are better co-ordinated
with authorities' planning processes.
Reducing fire and the impact of fire
13. A crucial outcome of the range of work
being undertaken to improve the effectiveness of the fire and
rescue service is the continued progress in reducing fire deaths
and injuries. Increasing levels of community fire safety work,
often undertaken in partnership with other local agencies, has
been an important factor in driving progress. The provisional
total number of fire deaths recorded in the UK in 2004-05 fell
to its lowest in 45 years, while the number of injuries in fires
fell by 11% from the previous year. That this has been achieved
in the midst of the biggest reform of the service for 30 years
is a credit to the work of fire authorities and fire service personnel
at all levels.
14. But we cannot be complacent. The future
holds considerable challenges if we are to continue this trend:
demographic shifts, with an increasing older population, statistically
more vulnerable to fire; higher property densities in urban areas;
environmental change; and the threat of terrorism. A clear framework
from central government (which should set out how the National
Framework will fit with the greater flexibilities offered by Local
Area Agreements), appropriate funding (including for investment
in fire safety research), continued joint working with local delivery
partners, and the power to take risk-based decisions at a local
level will remain crucial in equipping our fire and rescue services
to respond to these challenges.
Negotiating machinery
15. Pay and nationally determined conditions
of service for uniformed personnel in the Fire and Rescue service
are consulted upon or negotiated, as appropriate, within the National
Joint Council for Local Authority Fire and Rescue Services (the
NJC). Considerable change has been negotiated through this body,
including the most recent Pay and Conditions Agreement (2003),
and the detail supporting that agreement. Such changes include:
— a new pay structure, linked
to the Integrated Personal Development System, that rewards competence
rather than time served;
— pay parity for employees on
the retained duty system;
— a contractual obligation on
employees to carry out any reasonable activity within their role
map, and the ability to require employees to work at different
locations;
— deletion of the local disputes
procedure and replacement with a local consultation and negotiation
procedure that narrowed the scope of potential disputes to issues
that require collective agreement. Third party involvement is
subject to the agreement of both parties as is any reference to
arbitration (previously unilateral);
— agreement that fire authorities
can introduce any duty system subject only to four basic requirements
(42-hour week, two days off every week, compliance with legislation,
being family friendly), and that employees can work combinations
of duty systems;
— the FBU has lifted its ban on
pre-arranged overtime, and part-time working has been introduced;
— jointly agreed grievance and
disciplinary procedures, the latter for the first time recognising
absence and unsatisfactory performance issues, and providing a
process to deal with such cases;
— agreement that an authority's
Integrated Risk Management Plan, including the number of personnel
on duty at each location at different times of day, is the decision
of the fire authority, having consulted with the appropriate parties,
and does not require any formal collective agreement.
16. Currently, employees are represented
on the NJC by the Fire Brigades Union. Since the Pay and Conditions
Agreement was reached a working party—chaired by the Chair
of ACAS, Rita Donaghy—has undertaken a review of the existing
constitution of the NJC. The report contained a number of recommendations
including the introduction of a mechanism to provide for representation
of other trade unions, including:
— a low threshold of 8.33% of
the workforce to secure one of the 12 seats on the Employees'
Side. Each of the remaining seats to be allocated on multiples
thereof;
— the introduction of separate
negotiating arrangements for middle managers (station manager
to area manager).
17. The Fire Brigades Union have accepted
all of the recommendations contained within the report. Whilst
the Employers' Side are content with the majority of the recommendations,
there are some areas where they would wish to see change. Discussions
will continue with the Fire Brigades Union in January 2006 to
endeavour to secure agreement within the NJC on a revised constitution
covering the issues of: any proposed threshold; whether an entirely
separate NJC for middle managers would be preferable to the Middle
Managers Negotiating Body (as part of the overall existing NJC)
recommended by Rita Donaghy; and the question of whether the clause
in the constitution concerning reference of disagreements to ACAS
should be on a unilateral or bilateral basis.
18. In the interim, the Employers have recognised
both the Retained Firefighters Union and the Fire Officers Association
for consultation purposes and three meetings have so far taken
place.
Efficiency
19. While modernisation brings costs as
well as savings, it is clear that efficiencies are already being
delivered. The ability to respond to local circumstances through
Integrated Risk Management Plans has seen a number of authorities
implement changes to station deployment, shift patterns and new
types of appliances, and utilise front line staff on fire safety
work.
20. While authorities will all clearly have
different starting points, initial analysis of their annual efficiency
statements suggest that £38 million cashable efficiency savings
were made in 2004-05, and cumulative cashable efficiency savings
of £88 million are expected in 2005-06. While these figures
are at this stage provisional, they nevertheless indicate that
authorities are already significantly ahead of the savings of
£25 million projected to have been achieved by the end of
the next financial year. In addition, all fire authorities have
recently submitted efficiency plans covering the three year period
to 2007-08, which aim to deliver aggregate annual savings of £105
million by the end of the period. This is equivalent to nearly
5% of current budgets.
Pensions
21. The new firefighters' pension funding
scheme, due to be implemented in April 2006, is broadly welcomed
by the LGA. It responds to the concerns we have expressed for
many years about the existing "pay as you go" arrangements
and should put in place a secure and sustainable basis for pensions
in the years to come.
22. There are three points we would make
about the move to the new scheme:
— it will be important that central
Government ensures that adequate provision is set aside in national
budgets to cover the impact of the forecast real increase in total
pension costs;
— the 2006-07 and 2007-08 grant
settlements must protect individual authorities from unacceptable
levels of volatility in grant receipts arising from changes to
formula allocations; and
— the initial transfer of grant
from Fire Service to national budgets is monitored to ensure that
Fire Service funding levels for non-pension costs are protected.
Regional management boards
23. Fire and rescue authorities have long
recognised the importance and value of working across boundaries
and the establishment of Regional Management Boards formalises
this approach. ODPM's clarification of the role of RMBs is welcome.
24. The LGA remains clear that RMBs are
the appropriate vehicle for gaining the benefits of cross-authority
collaboration, while maintaining effective links with the local
community and clear accountability to local people through elected
members. We will continue to support RMBs in this role, including
by hosting the regular meeting of RMB chairs to facilitate problem
solving and the sharing of good practice.
Co-responding
25. Under a "co-responder" scheme
firefighters, when first to arrive at an incident, can administer
first-aid in the absence of a paramedic. This entails training
of firefighters in basic life-support skills, including use of
automated defibrillators. An ambulance is still dispatched to
every co-responder call. As such, the role and workload of ambulance
staff is in no way affected by the scheme, but patient care is
greatly improved and lives can be saved by the rapid availability
of first-aid (particularly the use of defibrillators for victims
of heart attacks). As such, the LGA strongly supports the promotion
of co-responding schemes.
26. Despite the continuing and disappointing
opposition from the Fire Brigades Union, a recent survey by the
Chief Fire Officers' Association found that 37% of Fire and Rescue
Authorities in England had initiated co-responder schemes, and
that 80% of those who had not done so planned to initiate a scheme
at some point in the future. The LGA welcomes the stronger line
on co-responding in the draft National Framework for 2006-08,
which notes that "Fire and Rescue Authorities should actively
review the opportunities for improving community safety by implementing
co-responder schemes in partnership with other agencies."
We will continue to work with fire and rescue authorities, and
to support joint working with health partners, to promote co-responding
as a key means to reduce deaths and injuries.
KEY ISSUES
FOR FUTURE
PROGRESS
27. Notwithstanding the good progress on
the issues outlined above, there remain, however, some key areas
where considerable work is needed if the momentum of modernisation
is to be maintained.
Governance and accountability in the regional
dimension
28. As noted above, the importance of working
across fire authority boundaries is accepted, both in terms of
improving efficiency and for reasons of civil resilience. In working
towards greater collaboration, however, it is important that the
role of elected members in representing and being accountable
to their constituents is fully recognised. Governance arrangements
for new structures such as FiReControl and FiReBuy must reflect
the leading role of elected members.
29. The fact that FiReBuy is likely to be
designated a non-Departmental public body, with appointments to
its board subject to the rules of the Office of the Commissioner
for Public Appointments, must not be allowed to result in a board
that is entirely unaccountable to the electorate. The skills and
experience of elected members mean that they are well positioned
to meet the selection criteria for board members, and the LGA
would expect this to be reflected in its final composition. Cllr
Les Byrom has, in addition, accepted the invitation to take up
an ex officio appointment as director on the board, in his capacity
as chair of the Fire Services Management Committee.
30. The continuing development of the organisational
structure underpinning FiReControl has the potential to raise
similar issues of accountability. As for FiReBuy, the leading
role of elected members must be reflected in the governance arrangements
for regional control centres.
31. The restructuring of the police and
ambulance service have given rise once again to the prospect of
regionalisation of the fire service. We note ODPM's assurances
that this is not under consideration. The LGA remains firmly of
the view that Regional Management Boards provide an appropriate
mechanism to maintain accountability through the leadership of
elected members, whilst facilitating collaboration, for example
on resilience issues.
Sustainability
32. Many of the projects forming the modernisation
programme are being set-up with funding and support provided directly
by ODPM: examples include the regional control centres, New Dimension,
the e-Fire portal and FiReBuy. It will be important that, in seeking
to put in place sustainable arrangements to manage these resources
in the longer term, we avoid setting up a plethora of uncoordinated
bodies with the potential to cause confusion and duplication and
reduce transparency and accountability to the public. Authorities
will also need to be confident that the real costs of these projects
will be reflected in their settlement when responsibility for
ongoing work transfers to them.
33. The LGA stands ready to work closely
with ODPM and other stakeholders in taking forward this work—particularly
in relation to the proposed Centre of Excellence. We have some
concerns, however, that the pace of the various projects is such
that we risk developing and implementing separate solutions without
the strategic overview and co-ordination necessary to produce
the most sensible outcome. The recently announced merger of the
Fire and Civil Resilience Directorates at ODPM offers an opportunity
to address this.
Sprinklers
34. It remains a cause of serious concern
to the LGA that, despite the convincing evidence of the benefits
of sprinklers—particularly in schools and other buildings
housing vulnerable people—there does not appear to be a
coherent response from central government.
35. Each year, more than 2,000 schools in
the UK suffer fires large enough to need action by local brigades.
Leaving to one side the social impact of such fires, the annual
cost of replacing school buildings damaged by fire has doubled
to more than £93 million since 1998—a cost equivalent
to building around 45 new primary schools or employing nearly
3,750 teachers. By contrast, the costs of installing sprinkler
protection to a new school is as little as 1.8% of the total building
cost. In the face of what seems to be unanswerable logic, schools
up and down the country are still being built without sprinklers.
36. Nick Raynsford's evidence to the select
committee's last inquiry into the fire and rescue service noted
that ODPM were in discussions with DfES and hoped to make progress
on this issue. Phil Woolas also appeared to accept the argument
for sprinklers in schools wholeheartedly when he attended the
Fire 2005 conference in Manchester in November. There has so far
not, however, been any sign that this acceptance is being matched
with coordinated action between ODPM and the Department for Education
and Skills. While some £5.1 billion is being spent on new
and renovated schools and classrooms for 2005-06, there remains
no requirement in Building Regulations for sprinklers to be fitted
(a revision of the Regulations that was supported by the select
committee in its January 2004 report), nor any sign that DfES
are prepared to make funding available for the provision of sprinkler
systems.
37. With the emphasis on prevention a key
theme of modernisation, central government must demonstrate that
it can fulfil its end of the bargain. The LGA remains strongly
of the view that the revised Part B of Building Regulations and
Approved Document B, due to be published towards the end of 2006,
must require sprinklers to be fitted in new and altered premises—including
schools and high risk domestic dwellings—where people are
considered to be most vulnerable.
Capacity
38. Fire authorities are taking forward
a modernisation programme that is both very broad and being delivered
to an ambitious timetable. They are doing this at the same time
as continuing to deliver a high quality service to the public.
This presents a considerable challenge to both elected members
and senior officers. Authorities must receive the support they
need—both in terms of resources and information from central
government—if they are to continue to meet this challenge.
We would highlight specifically the need for capital investment
in infrastructure and equipment, pump priming resources to develop
new collaboration initiatives, and funding for research and development.
Equality and diversity
39. It is unfortunate that little progress
has been made to date in addressing the lack of diversity in the
fire and rescue service. The LGA remains committed to achieving
greater diversity, and will continue to work with central Government
and other stakeholders to disseminate lessons from other sectors
(such as the ambulance service) and to promote the service to
women and under-represented groups.
The retained duty system
40. Much of the country relies on retained
duty system personnel to maintain services for public safety,
and there area sound financial incentives for this arrangement.
There have, however, historically been issues relating to the
ability of many authorities to attract and keep retained duty
personnel. A number of reviews have taken place over the last
25 years to examine these issues, with another currently underway.
Many of those reviews have called for Government assistance to
make the system more attractive both to individuals and primary
employers, and many of their recommendations remain relevant today.
More investment is required on the part of central Government
to take forward this work and to bring long-term stability to
the retained system.
Hostilities towards firefighters
41. The increasing incidence and severity
of attacks on firefighters being experienced by a number of authorities
is cause for considerable concern. It is important that the seriousness
of these offences is reflected in appropriate penalties for offenders.
We note the Private Member's Bill tabled by Alan Williams MP,
and welcome the increased profile it has afforded this issue.
The LGA wishes to take this opportunity to emphasise its commitment
to working closely with ODPM, CFOA and other stakeholders to explore
the best approach to addressing this issue, whether through legislation,
guidelines to the Crown Prosecution Service, or another mechanism.
FIRECONTROL
AND FIRELINK
1. Regional control has been a high priority
for the LGA and the fire community as a whole since the Government
set out its policy direction in the June 2003 White Paper. The
LGA supports the implementation of an agreed and effective FiReControl
project that is affordable for fire authorities. We remain clear
that FiReControl must deliver:
— enhanced inter-operability and
support between FRS control centres;
— more effective working with
other emergency service partners, in particular the police and
ambulance services;
— greater operational effectiveness
in terms of call handling and incident response; and
— better value for money for local
tax payers.
We are working closely with ODPM to take forward
work, including through participation in the project board and
various working groups.
2. We note the fact that some fire authorities
have invested considerable effort and expense in pursuing tri-service
control centres (ie joint controls with the police and ambulance
service). While we understand the Government's reasons for proceeding
with regional controls for fire, it will be extremely important
that financial commitments that were entered into in good faith
can be honoured; and that authorities have timely information
to allow them to keep staff who have already undergone significant
upheaval informed as plans develop.
3. The Government has committed to providing
financial support to fire authorities where new burdens are incurred
during the transition to regional control. Authorities face an
obvious difficulty in forecasting financial commitments on a project
of this kind, and we remain keen to see an assurance from ODPM
that applications can be revisited retrospectively in the event
that actual costs exceed estimates.
4. Retaining sufficient, skilled staff in
existing control rooms to the point of transition will be a significant
challenge for all authorities. They will need to have sufficient,
early information from ODPM be able to provide staff with a clear
route map for the move to the new arrangements. In addition, where
the Best Value approach to retaining staff involves additional
costs that would not have been incurred but for the establishment
of regional control centres, we would expect ODPM to meet these
in line with new burdens principles.
5. The timetable for implementation of regional
control centres is an ambitious one, and it will be important
that it allows for authorities to be confident both in the technology
to be used, and the robustness and accountability of the governance
arrangements being put in place. Elected members will need to
be confident, for example, that they have sufficient information
on the responsibilities and liabilities of their authorities (and
themselves, if they are to act as directors) to take an informed
view on the appropriateness of the proposed local authority company
structure.
6. It will be essential to the effective
operation of the new centres that the links with the implementation
of Firelink are fully understood and that the timing of both projects
is properly co-ordinated. The different project management structures
which have until now been in place have caused some operational
difficulties for the staff charged with implementing both projects
at a regional level. A more coherent project management approach
would significantly increase the likelihood of successful delivery,
and we are hopeful that the merger of ODPM's Fire and Civil Resilience
Directorates will facilitate this.
7. Elected members have an essential role
to play in explaining the case for regional control to local communities.
We welcome ODPM's commitment to a series of regional events to
provide the opportunity for members to discuss the proposals and
hear the positive case for FiReControl.
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