DMFD187 Procurement of an Independent Advice and Investigation Service

1.1    Report LFC-0780 to the London Fire Commissioner (LFC) explains that on 25 November 2022, the Independent Culture Review of London Fire Brigade (LFB), led by Nazir Afzal, was published. Mr Afzal spoke to over 2,000 LFB employees, and describes attitudes, behaviours and prejudices totally opposed to LFB’s values. This includes ‘horrendous racial abuse’, homophobia and ‘countless accounts of women being subject to abuse from colleagues on a day-to-day basis, pointing to a deep-rooted culture of misogyny’.

1.2    The report directly links this culture to the deterioration of mental health amongst staff. It stated: ‘At its worst, as I saw in the case of LFB, it [poor culture] can mean people are frightened for their life.’ Given the numbers of staff who spoke to the review team, and the potential impact of the publication of such a document on those who are already vulnerable, this indicates a genuine threat to the safety of LFB staff. There is, therefore, an immediate need to take quick and decisive action, of which this proposal is part, to support staff.

1.3    Most the incidents cited have never been reported to LFB; and LFB was informed that none of the 2,000 members of staff who spoke to the review team were willing to have their name passed to LFB for investigation. This demonstrates a deep lack of trust in LFB processes, with staff more reticent to give their names to their employer than to have their experiences in the public domain. This lack of trust is notably related to People Services (HR) and managers, and prevents staff from raising concerns. Over the past five years, LFB has received only 39 reports of bullying, harassment and discrimination: a figure that paints a very different picture to the one described in the report. 

1.4    Nazir Afzal makes 23 recommendations, one of which is to adopt a zero-tolerance policy for bullying, racist and misogynistic behaviour; another is to consider anonymised reporting of incidents relating to bullying, misogyny and racism. There are further recommendations for building trust in policies and processes. 

1.5    In response, LFB is setting out a zero-tolerance approach to bullying, harassment and discrimination, and setting up an independent advice and investigation service for complaints relating to this. The independent advice and investigation service will receive and investigate complaints on behalf of the LFC, and will do so confidentially. The line manager does not undertake any element of the investigation. Line manager briefings will be undertaken over the coming weeks to ensure managers understand how the new service works. To be clear, the new independent advice and investigation service will not remove the role of the manager in taking appropriate action; but will provide additional support and expert advice, and a service to carry out independent investigations of cases. 

1.6    In addition, an increase in complaints from staff and related disciplinary cases is expected, as LFB responds to the review by setting out a zero-tolerance approach. The set-up of an independent advice and investigation service may also encourage more staff to come forward. It is therefore vital that LFB can meet this increased demand if trust and confidence is to be built, and hence the safety of LFB staff protected.
 

2.1    In response to the report, LFB is proposing to set up an independent bullying, harassment and discrimination advice and investigation service with CMP Solutions Limited, consisting of the following components:
•    CMT project set-up costs.
•    Independent complaints phone line (including CMP adviser call, adviceline and triage): providing emotional support, information and guidance to staff and managers who have experienced or witnessed poor behaviour, or who need to address poor behaviour. 
•    Investigations: conducting investigations relating to bullying, harassment and discrimination, including disciplinary investigations arising from those complaints. 
•    Independent panel members for hearing panels: potential for independent disciplinary hearing panel members to ensure that bullying, harassment or discrimination decisions are made transparently, fairly, robustly and proportionately. The final decision at a hearing, as to the sanction, will remain with the presiding manager. 
•    Quality assurance of past cases: a review of all bullying, harassment and discrimination cases from the past five years.
•    Coaching and support for managers: a ‘just in time’ management coaching service to help managers prepare for a meeting with an employee relating to bullying, harassment or discrimination. 
•    Mediation: to prevent and manage workplace conflict; build skills; and rebuild relationships between staff.
•    Upskilling of managers and HR staff: on best practice policy review; application of policy; and hearings and investigations.
•    Other: training courses such as training for hearing managers, and ‘honest conversations’ for managers to address behaviour, performance, and wellbeing challenges.

2.2    The LFC has committed initial expenditure of up to £149,958 to procure, through CMP Solutions Limited, components of that service which are necessary to: address the report findings; and provide independent support to LFB staff and managers. This initial expenditure was agreed by the LFC’s Director for People under delegated authority (following consultation with the LFC and the Director for Corporate Services; and following advice from the LFC’s General Counsel and the Assistant Director, Procurement and Commercial) on 24 November 2022, in accordance with the LFC’s Scheme of Governance.

2.3    This service will not remove the role of the manager in taking appropriate action; but will provide additional support and expert advice. Managers are still expected to deal with poor behaviour immediately in line with LFB policies, but will have access to support from the helpline. Guidance will be provided to staff and managers, alongside the launch of the independent service, so that they are clear on how to access the external service. 

2.4    The independent advice and investigation service is intended to be in place for 26 weeks, until 31 May 2023, whilst an external review of LFB’s HR is undertaken and plans are put in place for the long-term handling of bullying, harassment and discrimination complaints. Thematic data and insights will be captured by CMP Solutions Limited; these will feed into longer-term work to build trust in LFB policies and processes. 

2.5    Part 2 of the report contains a table setting out the costs associated with each part of the service. Costs are anticipated to be up to the amount set out in Part 2 of this report, depending on volumes and complexity of issues. Volumes of cases will be monitored daily to track expenditure and make sure the service is being used effectively and appropriately to ensure value for money. A further decision will be submitted for the Deputy Mayor’s approval if LFB feels that either it is appropriate to exceed expenditure of the amount set out in Part 2 of this report, or the service length should be extended.

Recommended provider

2.6    LFB has identified an existing service provider, CMP Solutions Limited, which can quickly facilitate the provision of the independent adviceline; triage service; and wraparound investigation, coaching and mediation support. As set out elsewhere in this report, the LFC has committed expenditure of up to £149,958 through a direct award within an existing framework. This report seeks the commitment of further expenditure to deliver an independent advice and investigation service over the course of a temporary six-month period.

2.7    LFB has an existing contractual relationship with CMP Solutions Limited. The company has, in the past, undertaken a small number of independent investigations in support of LFB harassment complaints, grievances and disciplinary cases. These have been beneficial for the organisation, and noted for their objectivity and independence to LFB. 

2.8    CMP Solutions Limited has provided conflict resolution advice and support to hundreds of public sector clients, including the Ministry of Defence and HM Prison Service. 

2.9    LFB will have a service-level agreement in place as part of the contract, to ensure that all staff who contact the service receive a call back (or contact in their requested format) within 48 working hours. 

3.1    The LFC and the Deputy Mayor for Fire and Resilience are required to have due regard to the Public Sector Equality Duty (section 149 of the Equality Act 2010) when taking decisions. This in broad terms involves understanding the potential impact of policy and decisions on different people, taking this into account, and then evidencing how decisions were reached.

3.2    It is important to note that consideration of the Public Sector Equality Duty is not a one-off task. The duty must be fulfilled before taking a decision, at the time of taking a decision, and after the decision has been taken.

3.3    The protected characteristics are: age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership (but only in respect of the requirements to have due regard to the need to eliminate discrimination), race (ethnic or national origins, colour or nationality), religion or belief (including lack of belief), sex, and sexual orientation.

3.4    The Public Sector Equality Duty requires decision-takers in the exercise of all their functions, to have due regard to the need to:
•    eliminate discrimination, harassment and victimisation and other prohibited conduct.
•    advance equality of opportunity between people who share a relevant protected characteristic and persons who do not share it
•    foster good relations between people who share a relevant protected characteristic and persons who do not share it
3.5    Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:
•    remove or minimise disadvantages suffered by persons who share a relevant protected characteristic where those disadvantages are connected to that characteristic
•    take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it
•    encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.

3.6    The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include steps to take account of disabled persons’ disabilities.

3.7    Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:
•    tackle prejudice 
•    promote understanding.

3.8    CMP Solutions Limited has provided information on the diversity of its workforce. Whilst it is broadly representative of the UK population, it is not representative of London. The organisation has targets in place in investigator and mediator recruitment, and as a consequence some improvements have been since these statistics were produced; however, it acknowledges it has a little way to go still.

3.9    Of its staff profile, 56 per cent are female and 44 per cent male; 11 per cent have declared a disability; 86 stated their ethnic group was White, and 14 per cent of staff stated they came from an Ethnic Minority background. 

3.10    There is no evidence that provision of the helpline and triage service will have any adverse impact on those staff with a protected characteristic, although LFB would recognise that further ongoing work is needed as this is an interim measure. The Culture Review provides evidence that bullying, harassment and discrimination are not currently being dealt with or reported; this outsourcing provider would improve the experiences for under-represented groups.
 

Workforce comments

4.1    Prior to the release of the Culture Review report, consultation had to be balanced against the need to maintain the confidentiality of the contents of the report. To ensure the changes would be welcomed, HR consulted with a small group of staff across Operations and Control on the set-up of the external advice and investigation service, alongside the wider initiatives announced following publication. Equality support groups and trade unions were also informed prior to publication, and feedback was invited. Positive feedback was received with no objections, and suggestions were taken on board where possible within the timescale – for example, in developing a staff toolkit following feedback from the Women’s Action Committee, which went live the week of publication of the report. 

4.2    A series of all staff briefings have been, and will continue to be, delivered in days and weeks following the report’s release, and brigade-wide communications issued, which direct staff affected by issues raised in the report to a confidential support hotline. Questions and answers arising from the staff briefings will be available via LFB’s intranet site for all staff to view. 

4.3    Discrimination, bullying and harassment complaints, and associated disciplinary investigations, are currently managed by the Employee Relations team in HR, alongside a small group of trained managers across LFB. This work is a small part of the job descriptions of the team affected, and hence does not have any redundancy or TUPE implications. The capacity freed up by the set-up of this service will be directed towards other high-priority projects in the team, whilst an independent review is undertaken of the HR department (as recommended by the culture review report) to determine the long-term approach to managing such complaints. The team affected have been informed.

4.4    Any permanent changes would be consulted on with the appropriate representative bodies and staff; and would be taken forward in line with the LFC’s Redundancy and Redeployment Code (Fire and Rescue Staff and Control Staff) (PN562). 

Procurement comments

4.5    Given the urgency with which an independent service had to be in operation, the LFC used the Eastern Shires Purchasing Organisation (ESPO) framework for strategic HR services (reference 3S-22) which covers a range of advice, support and provision of service in relation to HR consultancy, in order to place a contract with CMP Solutions Limited under the Direct Award provision of the framework agreement. The framework is compliant with UK procurement legislation including regulation 33 of the Public Contract Regulations (2015) and the Direct Award provision is allowed under the terms of the framework. All suppliers listed on the framework were assessed during the framework procurement process for their financial stability, track record, experience and technical and professional ability.

4.6    The LFC has an existing relationship with CMP Solutions Limited, which has a proven track record of providing HR consultancy services to similar organisations responding to culture reviews. That relationship, and its proven track record of delivering strategic HR services across the sector, was considered critical given the urgency with which the service had to be established, to be operational with immediate effect and to deliver a high-quality service. A capability review was undertaken via email with the other suppliers on the framework lot. The responses received indicated that CMP Solutions Limited was the only framework provider with the capability and/or capacity to deliver the requirement.

Conflicts of interest

4.7    There are no conflicts of interest to declare from those involved in the drafting or clearance of this decision.
 

5.1    This report recommends that an independent advice and investigation service is set up for a six-month period at a revenue cost of up to the amount set out in part 2 of this report. The LFC committed the first £149,958 via a single tender action and direct award through the ESPO Framework. This decision is for further expenditure up to £353,531, making a total of up to £503,489. This will be incurred in the 2022-23 and 2023-24 financial years and will be met through the use of the Community Risk Management Plan (CRMP) reserve. It is recognised that use of the reserve reduces the amount immediately available for CRMP projects. However, addressing the cultural issues raised in the review report will benefit the delivery of the CRMP. The CRMP reserve has a forecast balance of £1,871,000 as at the end of the 2023-24 financial year, not including the impact of the proposed decision. The volumes of cases will be monitored daily to track expenditure, and to make sure the service is being used effectively and appropriately to ensure value for money.

5.2    In response to a recommendation in the Culture Review Report, LFB has committed to undertaking an independent review of the HR department. This will build on existing plans to restructure HR Operations and implement a new HR system from April 2023. This will identify what scope there is to accelerate the return on the investment committed in the 2022-23 budget submission to earlier than 2027, the date set out in the 2023-24 budget response. 
 

6.1    Under section 9 of the Policing and Crime Act 2017, the LFC is established as a corporation sole with the Mayor appointing the occupant of that office. 

6.2    Under section 327D of the GLA Act 1999, as amended by the Policing and Crime Act 2017, the Mayor may issue to the LFC specific or general directions as to the manner in which the holder of that office is to exercise his or her functions. 

6.3    By direction dated 1 April 2018, the Mayor set out those matters for which the LFC would require the prior approval of either the Mayor or the Deputy Mayor for Fire and Resilience (the Deputy Mayor) .Paragraph (b) of Part 2 of that direction requires the LFC to seek the prior approval of the Deputy Mayor before “[a] commitment to expenditure (capital or revenue) of £150,000 or above as identified in accordance with normal accounting practices…”. The decision to procure the external advice and investigation service will therefore require approval from the Deputy Mayor. 

6.4    The statutory basis for the actions proposed in this report is provided by Section 5A of the Fire and Rescue Services Act 2004. Section 5A allows the LFC to procure personnel, services and equipment they consider appropriate for purposes incidental or indirectly incidental to their functional purposes. 

6.5    The report seeks approval for the provision of an external advice and investigation service to be secured via direct award provision of a framework agreement; and this is in compliance with the Public Contract Regulations (2015).

6.6    The report sets out that this is a temporary measure pending a review of the LFC arrangements. The elements of work proposed to be temporarily undertaken by the external provider is a small part of the roles of the LFC officers and as such a redundancy situation does not arise. Should a redundancy situation arise following the independent review of HR, this would be dealt with in line with the LFC’s Redundancy and Redeployment Code (Fire and Rescue Staff and Control Staff) (PN562).

6.7    These comments have been adopted from those provided by the LFC’s General Counsel Department in report LFC-0780 to the LFC.
 

 Appendix 1 - Report LFC-0780 Procurement of an external advice and investigation service