DMFD272 Request for approval of funding for the project costs for the pre-consultation, formal consultation, and post consultation phases of the Grenfell Memory Project

1.1.    Report LFC-25-050 to the London Fire Commissioner explains that, following the Grenfell Tower tragedy, 904 claimants – including bereaved families, survivors, and affected residents – brought civil claims against multiple defendants, including the London Fire Brigade (LFB). A settlement was reached with these claimants through Alternative Dispute Resolution (ADR) in March 2023. This settlement incorporates sums which have been committed to restorative justice projects and includes the commitment of a substantial sum by LFB to fund a Grenfell Memory Project.

1.2.    Engagement with 20 representatives from Grenfell affected groups, LFB’s Community Forum and Transformation Panel and voluntary sector stakeholders has shaped a revised consultation model and funding framework.
 

2.1.    The objective of the project is the delivery of a comprehensive and inclusive pre-consultation engagement and consultation process that results in Grenfell Memory Project(s) that are informed by the views and feedback from the diverse range of ADR claimants including family of the deceased, survivors and residents affected by the tragedy.

2.2.    The expected outcome is a meaningful legacy to honour the lives of those lost in the tragedy.

2.3.    The delivery of this engagement and consultation project is to comply with the legal settlement agreed with ADR claimants in March 2023. Failure to deliver risks breaching the legal agreement. Inadequate resources to conduct a robust process is a risk to LFB’s reputation and on-going relationship with the Grenfell communities.
 

3.1.    Under Section 149 of the Equality Act 2010, as a public authority within the meaning of that section for these purposes, the Deputy Mayor must comply with the public sector equality duty (PSED) which provides that due regard is to be had to the need to eliminate unlawful discrimination, harassment and victimisation and any other conduct prohibited by the Act; and to advance equality of opportunity, and foster good relations, between people who have a protected characteristic and those who do not. This involves having due regard to the need to remove or minimise any disadvantage suffered by those who share a relevant protected characteristic that is connected to that characteristic; taking steps to meet the different needs of such people; and encouraging them to participate in public life or in any other activity where their participation is disproportionately low.

3.2.    This means identifying any actual or potential impacts, both positive and negative, of the decision on those with protected characteristics. The relevant protected characteristics are age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Where any such impacts are identified, consideration should be given to whether they can be mitigated. 

3.3.    It is important to note that compliance with the PSED 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. 

3.4.    The demographic composition of the Grenfell victims suggests that a significant percentage are of Middle Eastern, African, Asian, and Caribbean heritage resulting in diversity in language, culture, faith and background. A core priority of the Memory Project is to reach these individuals and groups by making reasonable adjustments to accommodate their needs. This includes on-going translation of materials and communications into over 10 languages; the selection of familiar and accessible community venues; working with translators and community champions; producing communications in different formats for example, digital, large print, audio and Easy Read.

3.5.    The PSED is an on-going duty and the equalities impacts will be monitored and updated throughout the lifetime of the project. The estimation of costs includes provision to accommodate the needs of those whose first language may not be English e.g. translation, availability of interpreters and reasonable adjustments where required (including alternative format communications materials, assistance with travel costs and childcare) to enable key groups with protected characteristics to be meaningfully involved throughout the project. 
 

Procurement comments 

4.1    External support includes commissioning a Grenfell-affected youth group, contracting a specialist agency to support the design of consultation feedback templates, and accessing external professional advice and support to assist the feasibility assessment and development of Memory Project proposals informed by feedback.

4.2    These are estimated to be modest amounts under procurement thresholds and compliant with financial protocols as indicated in Part 2.

4.3    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 the Deputy Mayor approves the LFC’s proposed revenue expenditure of up to the amount set out in the Part Two decision for the delivery of the pre-consultation engagement, formal consultation, post-consultation and implementation plans for the Grenfell Memory Project to comply with the civil settlement of March 2023.

5.2.    The cost of this work will be met from the Fire Safety Improvement reserve which has a balance of £17.8m at the end of the 2024-25 financial year.

5.3.    This is in addition to the funding already put aside for Restorative Justice of £8.25m which is held in a provision as part of the 2024-25 Statement of Accounts.
 

6.1.    Under section 327A of the Greater London Authority Act 1999 (GLA Act 1999), 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, 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 proposed expenditure exceeds this financial threshold; accordingly, prior approval from the Deputy Mayor is being sought.

6.4.    In accordance with Section 5A Fire and Rescue Services Act 2004, the LFC, being a ‘relevant authority,’ may do ‘anything it considers appropriate for the purposes of the carrying- out of any of its functions.’

6.5.    This report seeks the approval of the Deputy Mayor for LFB to commit expenditure above £150,000 to deliver the proposed engagement and consultation stages which are necessary to develop restorative justice projects which comply with the legal settlement reached with ADR Claimants in March 2023.

6.6.    The procurement of any necessary future external services will need to be conducted in accordance with procurement law and the LFC’s Scheme of Governance.