MD3110 Fire and Rescue National Framework documents

1.    Introduction and background
1.1.    In accordance with the governance requirements of the Greater London Authority Act 1999 (GLA Act), the Fire and Rescue National Framework for England (the Framework),  and the Mayor’s London Fire Commissioner Governance Direction 2018 (MD2260),  the London Fire Commissioner (LFC) has prepared a Statement of Assurance for 2021-22, an Efficiency Plan, a Reserves Strategy, and a Medium-Term Financial Plan covering the period 2023-24 to 2025-26.
1.2.    Section 327G of the GLA Act states that any document prepared in accordance with the above Framework, and which sets out the LFC’s priorities and objectives or contains a statement of the way in which the LFC has had regard to the Framework, must be sent in draft to the Mayor and Assembly prior to it being published.
1.3.    The Statement of Assurance, Efficiency Plan, Reserves Strategy and Medium-Term Financial Plan documents fall within the definition of a document prepared in accordance with the Framework; and must therefore be reviewed by the Assembly’s Fire, Resilience and Emergency Planning (FREP) Committee and subsequently approved by the Mayor of London. 
1.4.    The LFC Governance Direction 2018, which sets out the matters that require the prior approval of the Mayor or the Deputy Mayor for Fire and Resilience, requires the latter to be consulted as far as practicable before a decision on matters that require the consent of the Mayor under that direction. The LFC presented drafts of these documents for consultation at the Deputy Mayor’s Fire and Resilience Board in November 2022. The Deputy Mayor has subsequently reviewed the documents and recommends that the Mayor approve them. 
1.5.    In accordance with the LFC Governance Direction 2018, the Mayor gave consent to the LFC on 3 January 2023 to provide the documents to the FREP Committee. The FREP Committee considered the LFC’s Statement of Assurance, Efficiency Plan, Reserves Strategy and Medium-Term Financial Plan on 1 February 2023, writing to the Mayor following the meeting (Appendices 2-3). The Committee made some comments to the Mayor in relation to future London Fire Brigade (LFB) priorities, but did not suggest any changes to the documents, and recommended they be published.
1.6.    The Mayor is therefore requested to approve the documents so that they may be published by the LFC.

1. 1. The objective of the proposed decision is to allow the LFC to publish required documents under the Framework. This will enable the LFC to maintain compliance with the Framework and demonstrate how the LFC is meeting its objectives.
   2. The LFC’s budget submission to the Mayor’s 2023-24 budget comprises the LFC’s Efficiency Plan, to which was appended the Reserves Strategy and the Medium-Term Financial Plan (all documents can be found at Appendix 3). These were prepared in accordance with guidance from the Chartered Institute of Public Finance and Accountancy, to assist in decision-making and the ultimate approval of the 2023-24 Budget for the LFC.[1] The Statement of Assurance is prepared separately.

Statement of Assurance

1. 3. The purpose of the Statement of Assurance is to provide assurance on financial, governance and operational matters; and show how LFB has had regard to the expectations in its integrated risk-management plan and the requirements included in the Framework. In addition, detailed performance data has also been included in the report. The Statement of Assurance for 2021-22 is at Appendix 4 of this report.

Efficiency Plan

1. 4. The LFC’s 2023-24 budget submission, as a whole, comprises the Efficiency Plan, and can be found at Appendix 3. Particular reference may be made to the savings proposal included in the submission. As set out in paragraph 36 of the budget submission: “A total of £23.4m in budget reductions are proposed for 2023-24, including departmental and efficiency review saving proposals of £3.8m.” The LFC’s performance in delivering planned efficiencies will be considered throughout 2023-24, including in quarterly financial position reports. These are discussed at the Deputy Mayor’s Fire and Resilience Board, and submitted to the London Assembly’s Budget and Performance Committee.

Medium-Term Financial Plan

1. 5. The Medium-Term Financial Plan represents a key part of the LFC’s decision-making process in financial planning for the future. This plan brings together all the known factors affecting the organisation’s financial position, and its financial sustainability, into one place. The plan covers the financial years 2023-24 to 2025-26, and is included with the LFC’s budget submission, at Appendix 3 of this report (see Appendix 2 of the budget submission).

Reserves Strategy

1. 6. In setting the LFC’s budget for 2023-24, due consideration was given to both the robustness of the estimates used in preparing that budget and the adequacy of the LFC’s reserve levels. This was set out in a Reserves Strategy, which is included with the LFC’s budget submission, at Appendix 3 of this report (see Appendix 6 of the budget submission).

1. The Mayor, 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.
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. 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.
4. 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.
  
  5. Equalities implications were considered as part of the consultation with the Deputy Mayor for Fire and Resilience in November 2022. Specific comments on each are made below.
  6. The LFC has provided assurances that when the approved documents are published on the web, accessible formats will be available as required.

Statement of Assurance

1. 7. The Statement of Assurance is a reflection of the elements that make up LFB’s governance framework. Equality and diversity formed part of the assurance-gathering processes that supported the production of the statement. The statement describes LFB’s systems of internal control and specifically refers to this encompassing ‘providing adherence to the Authority’s values and ethical standards through the application of the leadership model and equality framework’. Significant elements of the framework that have the potential to impact on those with protected characteristics, and enable LFB to foster good relations in the community, are subject to an equality analysis, to ensure that any impacts as a result of LFB proposals are identified, assessed and mitigated where possible, in line with LFB policy, which seeks to embed consideration of equality and diversity at all levels within the service.
   8. In particular, the Statement of Assurance is closely aligned to LFB’s previous integrated risk management plan, known as the London Safety Plan (LSP), which was in place during the period covered by the Statement of Assurance. This was subject to a full equality impact analysis to comply with the Public Sector Equality Duty as set out in section 149 of the Equality Act 2010. This analysis was reported to the former London Fire and Emergency Planning Authority when it considered the LSP in March 2017. The analysis considered the anticipated impact of specific proposals on people who shared protected characteristics with supporting evidence, details of consultation and proposed actions to mitigate any negative impact. Fire authority decisions on changes to LFB policy and practice arising from the commitments in the LSP have been subject to further equality impact assessments. In addition, specific commitments on equality, inclusion and diversity measures in the LSP are subject to quarterly reporting and review.[1]

Efficiency Plan, Medium-Term Financial Plan and Reserves Strategy

1. 9. The LFC’s 2023-24 budget proposals, of which the Efficiency Plan, the Medium-Term Financial Plan and the Reserves Strategy were part, were subject to an initial equality impact assessment, which was appended to the LFC’s budget submission (see Appendix 3). The impact assessment identified a number of savings proposals with potential equality impacts, with the LFC committing to further assessments being undertaken in relation to the individual proposals concerned, before their implementation. These impacts do not arise as a result of the content of the Medium-Term Financial Plan and the Reserves Strategy, except insofar as these documents reflect and are consistent with the LFC’s overall budget.

Risk management

1. 1. There are no risks specifically arising from this decision. The Statement of Assurance sets out how LFB followed a risk-based approach in 2021-22 to support the priorities in the LSP. The substantive risks and opportunities relating to the LFC’s financial position are set out in detail in its budget; detailed analysis of financial risks and opportunities for the LFC were set out in the LFC’s budget submission to the Mayor.

Sustainability

1. 2. Sustainability forms part of the assurance-gathering processes that support the production of the Statement of Assurance.
   3. The Mayor’s budget guidance for the GLA Group sets out the requirement that budget proposals, of which the Efficiency Plan, the Medium-Term Plan and the Reserves Strategy are part, ensure sufficient resourcing and budget necessary for the efficient and effective delivery of the London Environment Strategy (LES). This includes implementing responsible procurement, reducing waste, reducing CO₂ emissions, adapting to climate change, improving air quality, and increasing London’s green cover.
   4. A sustainability analysis was included with the LFC’s budget submission to the Mayor, detailing budget allocations and growth budget proposals that will support the LFC’s commitments under the LES. The Medium-Term Financial Plan and the Reserves Strategy reflect, and are consistent with, these commitments.

Link to Mayoral strategies and priorities

1. 5. The approval process for these documents contributes towards the democratic oversight the Mayor and Assembly have over the way the LFC exercises its functions.

Conflicts of interest

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

1. The LFC’s 2023-24 budget submission, which addresses the requirements for an Efficiency Plan, a Reserves Strategy and a Medium-Term Financial Plan, is prepared by the LFC’s Assistant Director for Finance, with financial implications considered throughout. There are no financial implications arising from the Statement of Assurance. These documents do not commit the Mayor to provide additional funding to the LFC and, as a result, there are no new direct financial implications for the GLA.

1. Section 1 of the Fire and Rescue Services Act 2004 (the 2004 Act) states that the LFC is the fire and rescue authority for Greater London. When carrying out its functions, the LFC, as the fire and rescue authority for Greater London, is required to ‘have regard to the Fire and Rescue National Framework (the Framework) prepared by the Secretary of State’ (section 21 of the 2004 Act).
2. The Framework sets out the documents that each fire and rescue service is required to produce, which include an integrated risk management plan (currently known as the LSP); an annual statement of assurance (see Appendix 2); and its financial plans, including an efficiency plan, a medium-term financial strategy and a reserves strategy (see Appendix 3).
3. Section 327G of the GLA Act provides that, before publishing these documents, the LFC must send a copy to the Mayor and Assembly. The LFC may not publish them unless they have been reviewed by the Assembly and approved by the Mayor.
4. 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 their functions. The London Fire Commissioner Governance Direction 2018, dated 21 March 2018, sets out those matters, for which the LFC would require the prior approval of either the Mayor or the Deputy Mayor for Fire and Resilience.
5. Paragraph 1.1 (b) of the London Fire Commissioner Governance Direction 2018 requires the LFC to seek the prior approval of the Mayor before “approval of the final proposed text of the draft London Safety Plan (or any revision of it) for the purposes of sending it to the Assembly under section 327G (2) of the GLA Act 1999.” Paragraph 6.1 (b) further states:

“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.”

6. Paragraph 3.1 of the London Fire Commissioner Governance Direction 2018 further requires the LFC to consult the Deputy Mayor:

“as far as practicable in the circumstances before a decision on any of the following is taken:

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

b. Anything that requires the consent of the Mayor under any enactment.”

7. Once the Mayor has provided approval, the LFC will be able to publish the documents.