MD3051 London Fire Commissioner’s Community Risk Management Plan, Your London Fire Brigade

1.1    The Fire and Rescue National Framework for England (“the National Framework”) requires the LFC to produce an IRMP.  Since the publication of the National Framework, fire and rescue services have adopted the term CRMP as an alternative to IRMP, in line with guidance from the National Fire Chiefs Council.  The Government has signalled its intention to use this term in an update to the National Framework in its recent white paper on the reform of fire and rescue services.  This report hereafter uses the term CRMP to refer to the plan required under the National Framework.

1.2    The National Framework states that a CRMP must:

•    reflect up-to-date risk analyses, including an assessment of all foreseeable fire and rescue-related risks that could affect the area of the authority

•    demonstrate how prevention, protection and response activities will best be used to prevent fires and other incidents; and mitigate the impact of identified risks on its communities, through authorities working either individually or collectively, in a way that makes best use of available resources

•    outline required service delivery outcomes, including the allocation of resources for the mitigation of risks

•    set out its management strategy and risk-based programme for enforcing the provisions of the Regulatory Reform (Fire Safety) Order 2005 in accordance with the principles of better regulation set out in the Statutory Code of Compliance for Regulators, and the Enforcement Concordat

•    cover at least a three-year time span; and be reviewed and revised as often as necessary to ensure that the authority is able to deliver the requirements set out in this Framework 

•    reflect effective consultation throughout its development and at all review stages with the community, its workforce, and representative bodies and partners 

•    be easily accessible and publicly available.

1.3    LFC’s current CRMP is entitled the London Safety Plan, and was published in April 2017 by the former London Fire and Emergency Planning Authority (LFEPA). The LFC was established as a corporation sole in 2018, replacing LFEPA as the body responsible for delivering London’s fire and rescue service. 

1.4    The London Safety Plan was originally due to expire and be replaced by the end of March 2021, but the widescale transformation programme being undertaken by the LFB and the disruption caused by the Covid-19 pandemic have meant that the plan has been extended to remain in effect until March 2023 (or until replaced by a new CRMP). The Mayor approved LFC’s proposed extensions to the London Safety Plan in Mayoral Decisions 2683 and 2952.

1.5    The Greater London Authority Act 1999 (“the GLA Act”) provides that the LFC must, before publishing a document in accordance with the National Framework or any revision to it, send a copy of the document or revision in draft to the Mayor and the Assembly; and may not publish the document or any revision to it unless (a) the London Assembly has had an opportunity to review the draft document or revision, and make a report on it to the Mayor, and (b) the Mayor has approved the draft document or revision. In addition, the Mayor’s London Fire Commissioner Governance Direction 2018 (Mayoral Decision 2260 ) (“the Direction”) requires pursuant to Part 1, 1.1 (b) that the Mayor must approve the final draft text of the draft for the purpose of sending it to the Assembly. See Appendices 2 and 3 for the letter from the LFC to the Mayor dated 6 October 2022 (“the 6 October Letter”) requesting approval of the text to send to the Assembly, and the reply from the Mayor to the LFC providing that approval dated 7 October 2022. The Direction also provides at Part 3, 3.1 that the LFC consult the Deputy Mayor for Fire and Resilience as far as practicable in the circumstances before a decision is taken which includes anything that requires the consent of the Mayor under Part 1 of the Direction (i.e. approval of the draft or revision to the London Safety Plan) or under any enactment, and further detail of the consultation is set out at paragraph 1.6.  

1.6    LFC has engaged key consultees in the following ways during the development of the Plan:

•    LFC has engaged with community groups and staff throughout the development of the Plan. An initial public consultation on LFC’s Assessment of Risk and proposed strategic direction for the Plan took place from September to October 2021. A further public consultation on a full draft of the Plan took place from May to July 2022. Appendix 4 is a paper prepared for LFC, the Deputy Mayor’s Fire and Resilience Board, and the Commissioner and that provides a comprehensive summary of how LFB carried out the consultation, responses received to the consultation, and changes made to the draft Plan.

•    LFC has engaged frequently with the Deputy Mayor for Fire and Resilience during the development process. Monthly updates on progress were provided to the Deputy Mayor’s Fire and Resilience Board. Formal consideration of draft versions of the Plan took place at meetings of this Board on 24 May 2022 and 7 September 2022. The 6 October 2022 Letter provides that the Deputy Mayor for Fire and Resilience was consulted about the draft Plan at the Deputy Mayor’s Fire and Resilience Board on 7 September 2022. The Deputy Mayor’s response to the consultation was provided to LFC during the meeting, with follow-up discussions between GLA and LFB officers to clarify a small number of outstanding issues. The Deputy Mayor supports the attached draft and recommends its approval.

•    The London Assembly Fire, Resilience and Emergency Planning Committee has discussed emerging proposals for the Plan with the Deputy Mayor, LFC or senior LFB officers on several occasions, including a dedicated meeting on this topic on 5 July 2022. The Committee responded to the public consultation in July 2022. The Committee was also asked to consider a full draft of the Plan at its meeting on 19 October 2022, as per the requirements of the GLA Act, and provided its formal response to the Mayor shortly after this meeting (this letter can be found at Appendix 5).

1.7    Section 21 (7) of the Fire and Rescue Services Act 2004 provides that Fire and Rescue authorities must have regard to the Framework in carrying out their functions. Legal advice provided to LFC and set out in the Legal Comments at paragraph 10.9 in the paper at Appendix 4 provide that “The Commissioner should be clear that the final CRMP for publication, as it constitutes the Commissioner’s IRMP, must meet the requirements of the Framework. Therefore, if the Commissioner is of the view that any part of the Framework’s requirement is not met then either the draft CRMP must be amended until it is compliant with the Framework or the Commissioner may decide to depart from the Framework and proceed with the IRMP as drafted if he has good reason for doing so (and that reason must be explained).”

1.8    Paragraph 10.11 of Appendix 4 indicates that there is one, limited respect in which a requirement of the National Framework may be considered to be not reflected in the draft Plan. This is the requirement to ‘set out’ the LFB’s management strategy and risk-based programme for enforcing the provisions of the Regulatory Reform (Fire Safety) Order 2005 (see paragraph 1.2 above). The Plan does set out a management strategy but does not include LFC’s full risk-based inspection programme (“RBIP”), for the reason that it would be impractical to do so, the RBIP would be of limited utility to readers of the Plan even if it were to be set out, and this represents only a relatively minor departure from the requirements of the National Framework. The Legal Comments provide at paragraph 10.11 of Appendix 4 that “it is likely that the Commissioner is entitled to conclude that there is good reason for not setting out the RBIP in the CRMP (whether directly or by cross-reference) for the above reasons”, and that “Accordingly, it is recommended that, should the Commissioner decide to send the draft CRMP to the Deputy Mayor, he does so on the basis that he is content that the CRMP should depart from the National Framework, by not setting out the RBIP in the CRMP, for these reasons”.

1.9    This is in common with all previous versions of LFC’s IRMP including the extant London Safety Plan. Paragraphs 5.3-5.8 of Appendix 4 provide further explanation. LFC has considered the advice, and discussed it with the Deputy Mayor, and is content that the Plan should depart from the National Framework by not setting out the RBIP. The Mayor should therefore note that when approving the Plan, he is also approving that the Plan departs from   the National Framework for the reasons briefly referred to above and set out in Appendix 4, on the basis that the departure from the requirements of the National Framework is relatively minor, and there are considered to be good reasons for departing from it.
 

2.1    The outcome of this decision would be that LFC publishes the Plan, and this document will replace the London Safety Plan as LFC’s CRMP. The full Plan is included at Appendix 1. The following is a brief summary of key aspects of the Plan. 

Risks

2.2    The Plan summarises LFB’s new Assessment of Risk and the organisation’s response to this. The major areas of risk identified are:

•    Day-to-day risks:
o    road traffic collisions
o    outdoor fires near urban areas
o    fires in the home
o    fires in large public and commercial buildings

•    Extraordinary risks:
o    terror-related
o    influenza-type pandemic
o    major fires
o    flooding

•    Emerging and future risks: 
o    population change
o    sustainability and climate change
o    changing built environment
o    health, security and resilience.

Services

2.3    The Plan sets out how LFB will respond to these risks through the services it provides, of which there are six defined service areas, including three new ones. The three existing services LFB has and will maintain are:
 

2.4    The three new services defined in the Plan are:

Commitments

2.5    The Plan set out the organisational improvements LFB will deliver, derived from a new target operating model. This is organised around the four ‘Pillars’ of Engaging with you, Protecting you, Learning from you, and Representing you. There are two ‘Commitments’ under each of these pillars:
 

Performance metrics

2.6    The Plan sets out the headline metrics that will be used to measure performance. Unlike previous plans, the Plan will not set a specific target for each measure in the document itself, with the exception of the attendance time targets. For other measures, a target will be set annually and reported quarterly. The measures are:

•    Engaging with you
o    assessment of our impact on communities
o    staff composition (gender, ethnic diversity and people with disabilities)
o    number of triages via our online Home Fire Safety Checker

•    Protecting you
o    percentage of firefighters who have received training to respond to a marauding terrorist incident
o    ratio of high-risk fire safety audits completed
o    alleged fire risks addressed within three hours
o    number of fires and casualties from fires
o    station staff time spent on prevention activity
o    station staff time spent on protection activity
o    percentage of high-risk home fire safety visits within target
o    false alarms due to Automatic Fire Alarms (AFAs) in non-domestic building

•    Learning from others
o    number of reportable safety events
o    percentage of managers who have completed training against plan
o    pay gaps – reducing different rates of pay between different groups of staff
o    staff sickness
o    staff wellbeing

•    Adding value
o    number of fire deaths (five year rolling average)
o    number of fire injuries (five year rolling average)
o    number of fires – Flat/House and bungalow/Care home
o    accidental fire deaths in the home

•    Attendance time targets
o    to get the first fire engine to an incident: Pan-London average of 6 minutes
o    to get the second fire engine to an incident: Pan-London average of 8 minutes
o    to get a fire engine anywhere in London within 10 minutes 90 per cent of the time
o    to get a fire engine anywhere in London within 12 minutes 95 per cent of the time.
In addition, LFB will use community satisfaction ratings to measure how well the service is doing across all commitments.

Resources

2.7    The Plan seeks to change the way LFB delivers services, and contains commitments that may result in additional resources being required for certain programmes or activities to be undertaken by LFB. Approval for specific expenditure in these areas will be subject to normal governance and budget processes. Commitments include, for instance:

•    community engagement sessions run in each local area

•    technology used to enable local LFB staff to easily capture and access local risk information

•    offering access to services through a broader range of methods to get non-emergency advice

•    replacement of the mobilising system

•    replacing command units, breathing apparatus and radio equipment for improved incident management

•    adopting cutting edge fire and rescue technology and tactics and associated training

•    enhanced support services - proactive, continued support through all stages of an incident

•    organisational learning model – improving the ability to learn and develop together so staff have the right skills

•    offering a single staff support system to enable improved staff experience and productivity

•    delivering environmentally sustainable outcomes for London.

2.8    Any additional resources requirements identified as part of these commitments will be considered as part of subsequent reporting in line with the LFB’s governance requirements. Any financial pressures identified will then need to be considered as part of the LFB’s budget process for future years along with the implication to the savings and efficiencies that the LFB will be required to achieve.

Timeframe and delivery

2.9    The Plan sets out plans and priorities for LFB running to 31 March 2029. LFC will set out a Delivery Plan annually to accompany the Plan. LFC has committed to undertaking a review of the Plan at an appropriate mid-point of this timeframe. Any revision to the Plan will be subject to governance requirements as set out in legislation and Mayoral directions. 
 

3.1    The Mayor is required to comply with the Public Sector Equality Duty under section 149 of the Equality Act 2010.

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 Public Sector Equality Duty requires the Mayor, in the exercise of all his 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.

3.4    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.

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

3.6    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.

3.7    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.

3.8    An equality impact assessment (“EQIA”) has been undertaken by LFC during the development of the Plan, and will be published alongside the final Plan. This can be found at Appendix 6. The assessment found that there will be a positive impact on people of all characteristics, based on enhancements to LFB’s ability to respond to emergency incidents, the tailoring of services for people according to specific needs, and increasing trust in LFB. The LFC have said in Appendix 4 at paragraph 7.8 that where initiatives in the Plan result in equalities implications, the impact and mitigations will be identified by the LFC on a case-by-case basis as the Plan moves into delivery. The Mayor can rely upon the EQIA in taking the decision to approve the Plan.

3.9    The LFC has provided assurances that when the approved document is published, accessible formats will be available as required.
 

Risk management

4.1    There are no new risks specifically arising from this decision.

Link to Mayoral strategies and priorities

4.2    The governance process for approving the Plan contributes towards the democratic oversight the Mayor and Assembly have over the way the LFC exercises its functions.

4.3    The new Plan will set out how the LFC is addressing Mayoral priorities of improving fire safety and maintaining an effective response to emergency incidents. It will also provide further reassurance to Londoners on the transformation of the LFB in response to findings from the Grenfell Tower Inquiry and His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services inspections. 

4.4    The new Plan will help enable LFC to implement Mayoral priorities on reducing carbon emissions and increasing opportunity for Londoners from all backgrounds. Performance metrics on these issues have been included in the Plan.

Conflicts of interest

4.5    There are no known conflicts of interest to declare for those involved in the drafting or clearance of this Mayoral Decision.

5.1    This report recommends that LFC’s draft Plan, which is attached at Appendix A, is approved for publication by LFC. There are no direct financial implications for the GLA.

5.2    This publication of the Plan will not require LFC to commit any expenditure that requires the approval of Deputy Mayor, under the criteria set out in the Mayor’s LFC Governance Direction 2018. As discussed in paragraph 2.8, the Plan includes a number of commitments that may require LFC to allocate resources within the LFB for specific programmes or activities. Any proposed expenditure would be considered in line with LFC’s governance requirements. Any financial pressures identified would be considered as part of LFC’s budget process for future years along with the implications for the savings and efficiencies that LFC will be required to achieve. 
 

6.1    Section 327A(2) of the Greater London Authority Act 1999 (“the GLA Act “) provides that the LFC is a corporation sole and section 327A(3) provides that the Mayor appoints the occupant of that office. Section 1 (2) (c) of the Fire and Rescue Services Act 2004 (“the 2004 Act”) states that the LFC is the fire and rescue authority for Greater London.

6.2    The National Framework issued by the Secretary of State under section 21(1) of the 2004 Act provides that the LFC must produce an IRMP, which in the case of the LFC is the Plan at Appendix 1. Section 21(7) of the 2004 Act requires fire and rescue authorities to have regard to the National Framework in carrying out their functions. The National Framework sets out the provisions that must be included in the Plan and these are set out in paragraph 1.2 above. However, paragraph 1.7 above provides that there is one aspect which it is arguable that the Plan may not meet the requirements of the National Framework. The LFC was advised (as set out at paragraph 10.7 of Appendix 4) that having regard to the National Framework “does not mean to follow slavishly, if the Commissioner wishes to depart from the Framework, he may, but he must take a conscious decision to do so, he must have a good reason for doing so and he must explain his reasoning.” The reasons for departing from the National Framework are set out in paragraph 1.8 above and Appendix 4 and the LFC has concluded that there is good reason to depart from the National Framework and that departure is relatively minor. 

6.3    The National Framework provides that the draft CRMP must “reflect effective consultation throughout its development and at all review stages with the community its workforce and representative bodies and partners”. Appendix 4 and paragraph 1.6 set out the consultation and demonstrate that that there has been an analysis of the consultation by LFC and the changes that have been made following the consultation. The LFC accepted the final proposed text by the decision set out in Appendix 4, having been made aware of the consultation, the consultation method, the responses and analysis of consultation, and the summary of changes made to the Plan. 

6.4    The provisions of section 327G of the GLA Act regarding the requirement for the Assembly to review and make a report to the Mayor, and the Mayor to approve the draft document or revision before the LFC may publish the Plan or any revision are set out in paragraph 1.5. Paragraph 1.6 provides that the London Assembly’s Fire, Resilience and Emergency Planning Committee has reviewed the document and provided a report to the Mayor (the report is set out at Appendix 2). Approval by the Mayor is sought in this decision.

6.5    Under section 327D of the GLA Act, 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. By Direction dated 1 April 2018 (Mayoral Decision 2260) (“the Direction”), the Mayor set out those matters for which the LFC would require the prior approval of the Mayor, or the Deputy Mayor for Fire and Resilience. Paragraph 1.1 b of the Direction requires prior approval by the Mayor (unless delegated to the Deputy Mayor for Fire and Resilience, or approval waived) of the final proposed text of the draft London Safety Plan for the purposes of sending the final proposed text to the London Assembly under section 327 G (2) of the GLA Act. Paragraph 6.1 of the Direction provides that “London Safety Plan” refers to any document which is prepared and published by the Commissioner in accordance with the Fire and Rescue National Framework and which contains the matters described in section 327G (1) (a) and/ or (b) of the GLA Act 1999. Paragraph 1.5 and Appendix 3 demonstrates that the Mayor provided prior approval. The Direction also provides at 3.1 for matters requiring prior consultation with the Deputy Mayor for Fire and Resilience as far as practicable in the circumstances before a decision is taken. This includes: 

a.    Anything that requires the consent of the Mayor under Part 1 of the Direction

b.    Anything that requires the consent of the Mayor under any enactment. As set out in paragraph 1.6, consultation has been carried out on the draft document with the Deputy Mayor for Fire and Resilience.

Appendix 1: Your London Fire Brigade

Appendix 2: Letter from the London Fire Commissioner to the Mayor, 6 October 2022

Appendix 3: Letter from the Mayor to the London Fire Commissioner, 7 October 2022

Appendix 4: LFC Commissioner’s Board and Deputy Mayor’s Fire and Resilience Board covering paper on You London Fire Brigade, 7 September 2022

Appendix 5: Letter from the Chair of the Fire, Resilience and Emergency Planning Committee to the Mayor, 21 October 2022

Appendix 6: Community Risk Management Plan Impact Assessments