There has been significant press in recent months regarding the funding cuts to fire services across the country. The coverage has centred (quite rightly, some would say) on the number of firefighters whose jobs will be put at risk, but what about those in technical fire safety departments or enforcement, whose jobs may not be considered a similar priority?
My experience in dealing with a number of fire services is that the turnover of officers in fire safety departments is high. Most of the experienced FS officers I was dealing with as recently as three years ago have retired, with more planning to take the same route within the next 12 months.
The difficulty is that enforcement requires confidence, and confidence comes with experience. It is concerning that these departments have shrunk considerably since the implementation of the RRO, and it’s even more concerning that they are likely to shrink further.
I have carried out legal training with numerous fire services in the last five years, and I have been surprised at the number of different views toward enforcement generally. Some services favour strict enforcement of the legislation through enforcement and prohibition notices and, ultimately, prosecution. Others favour deficiency notices, action plans, and legal cautions. A considerable amount of good work has been done through partnerships with local communities, and that work can sometimes be undone by strict enforcement methods.
Education versus enforcement
What is clear, in my view, is that future enforcement policy will rely heavily upon available manpower. There simply won’t be enough officers suitably qualified to carry out enforcement duties if the government cuts are to be absorbed in the most politically friendly ways by fire services across the country.
If this is so, then decisions will have to be made as to whether educating and informing those responsible for premises will produce better results than, say, zero-tolerance enforcement. These policies lie at opposite ends of the enforcement spectrum, and neither sits comfortably with the ideology behind the Regulatory Reform Order.
Working with owners, occupiers, and employers to improve fire safety standards within their premises can produce good results when dealing with committed and conscientious responsible persons, who may not have the relevant expertise at hand or funds to buy that expertise. The problem arises with those responsible for premises who are prepared to sacrifice safety in favour of profit, and who are prepared to test the patience of fire safety officers to the limit and act responsibly only when absolutely necessary.
I have heard numerous pleas for mitigation, outlining how the defendant acted immediately to rectify breaches following a fire, an inspection, or a complaint. I have had cases where experts have argued that prosecution was not necessary, because immediate remedial action was taken following a visit by fire safety officers. My usual response is that the order was drafted to provide for prevention and planning by bestowing responsibility upon those with control of the premises, and not simply to provide for penalties for noncompliance.
If those responsible for premises take account of fire safety only when they are told to do so, then increased manpower for enforcement will be essential. My view is that there is presently insufficient manpower to enforce the order, but it would require substantially more fire safety officers than are presently available to educate and inform and work with responsible persons to ensure compliance.
I think that it is only a matter of time before fire safety enforcement is contracted out to suitably equipped enforcement companies, which will no doubt benefit from the number of retired fire safety officers to enable them to make their profits.
2023 Fire Safety eBook – Grab your free copy!
Download the Fire Safety in 2023 eBook, keeping you up to date with the biggest news and prosecution stories from around the industry. Chapters include important updates such as the Fire Safety (England) Regulations 2022 and an overview of the new British Standard for the digital management of fire safety information.
Plus, we explore the growing risks of lithium-ion battery fires and hear from experts in disability evacuation and social housing.
