Knight review of Fire and Rescue authorities in England

Written evidence from the Fire Sector Federation (FRR 10)

Please find attached the Fire Sector Federation submission for your oral evidence session with Sir Ken Knight following his recent review. I have enclosed a copy of the Federation’s own evidence to the Review as an Appendix for information.

Knight's review report introduces the subject of Mutuals, under Section 4.1 paragraphs 15 to 20, as an innovative potential delivery model for the future in providing specific services commissioned by the Fire Authority, at the same time separating the Fire and Rescue Service from the Fire Authority.

We would seek further clarification on exactly how that separation can be achieved in practice, in such a way that there is clear demarcation between the provision of those services and the discharge of statutory duties, without compromise or dilution on either side. The prime issue concerns practical delivery of training services and the discharge of statutory duties when those involved are from the operating fire brigade and still have ongoing connections to their colleagues within the brigade, perhaps at an informal level. The example that arises from consideration of major fire events and developments currently in the public domain is the provision of training for fire risk assessments and enforcement as required under the Fire Safety Order (FSO) of the suitability and sufficiency of those fire risk assessments, when legal sanction may have to be followed by the Fire Authority if the risk assessments are judged to be inadequate or not suitable and sufficient. A potential defence could well draw reference to the adequacy, suitability and sufficiency of the training provided (with a shift of responsibility in that direction).

The concerns arise from the potential for the blurring of boundaries (and personal responsibilities) between specialist service provision and the discharge of statutory duties as an enforcement and policing authority. Can provision of a service and enforcement duties on the outcome of that same service sit comfortably together under the same authority?

Question

Is Sir Ken Knight, and the Committee, sufficiently confident that adequate assurances can be put in place to protect against the risks of potential compromise and conflict between the provision of specialist services commissioned by the Fire Authority which could effectively at the same time fall under the scrutiny of that same Authority as the responsible enforcement body? The current prime example refers to the provision of specialist training and guidance in fire risk assessments delivered to those responsible for buildings falling within scope of the Regulatory Reform (Fire Safety Order) 2005.

June 2013