ITEM CA12
CABINET – 16 SEPTEMBER 2008
OXFORDSHIRE FIRE & RESCUE - CONTINGENCY PLANNING
Report by Director for Community Safety & Shared Services and Chief Fire Officer
Introduction
1. Fire and Rescue Authorities have a duty under section 7 of the Fire and Rescue Services Act 2004 (FRSA 2004) in relation to firefighting, to “secure the provision of the personnel, services and equipment necessary to efficiently meet all normal requirements”. A similar duty applies under section 8 in respect of road traffic accidents. Fire and Rescue Authorities also have a duty under section 2 of the Civil Contingencies Act 2004 (CCA 2004) to have Business Continuity Plans for emergencies and to maintain those plans for the purposes of ensuring, so far as is reasonably practicable, that if an emergency occurs it is able to continue to perform its functions.
2. The Fire Service National Framework states: The CCA 2004 imposes a duty on Fire and Rescue Authorities to put in place Business Continuity Management arrangements to ensure that they can continue to exercise their functions in an emergency, so far as is reasonably practicable. It cannot be assured that the Armed Forces will be available to provide cover in the event of industrial action by firefighters. The Government will work with Fire and Rescue Authorities to examine how national contingency planning arrangements can be further improved. This will include linking any revised arrangements with improved regional resilience, the future role of the Armed Forces, raising public awareness and other elements which comprise emergency Fire and Rescue Services.
3. Under the FRSA 2004, and after consultation, the Secretary of State has the power to direct the use of Fire and Rescue Authority facilities and property for the purposes of public safety.
4. The National Frameworks for England, Scotland and Wales also state that Fire and Rescue Authorities will in future, play a more significant part in contingency provision, including the supply of appliances and equipment and the effective deployment of available personnel.
5. It was against this backdrop that Fire and Rescue Authorities agreed to work together on a project to secure contractual arrangements with a Service Provider for emergency fire cover to allow them to discharge their duties in the following exceptional emergency circumstances: (a) National disaster (b) Terrorist event (c) Pandemic (Avian Flu, SARS etc) (d) Industrial action. Or other similar events. Contingency Planning – Established Principles
6. Contingency planning to meet exceptional emergency circumstances has been based on the experience gained during the 2003 industrial action called by the Fire Brigades Union.
7. It was identified at that time a minimum of five frontline fire appliances strategically located in the main population centres would be required to respond to life risk incidents across the county. This strategy proved to be sufficient and effective in meeting demands during that period.
8. The key to being able to function with that reduced number of resources was a combination of call screening, safety campaign targeting the communities and local businesses and working closely with other emergency services.
9. Incident types were risk assessed and the action of those personnel making the initial attendance governed by clear guidance based on their competence and the lack of immediate supporting appliances.
10. As stated these arrangements proved effective during the industrial action and were supplemented by Retained Stations providing cover when required for life safety purposes, within their own station areas.
11. The Business Continuity arrangement is tested and has demonstrated its effectiveness over an extended period. However, it must be emphasised that this is a minimum standard and that in the exceptional circumstances referred to above there will be an increased risk to the public.
12. Providing the required contingency arrangements for Oxfordshire links with the OCC Corporate priorities in supporting healthy and thriving communities (increasing community safety) and better public services (improving customer responsiveness).
Fireguard Contingency Proposal
13. Through standard procurement processes, Group 4 Security (G4S) have been established as the provider and have identified costs for the minimum fire cover required for each Fire Authority. Oxfordshire would be provided with the personnel to crew a minimum of five fire appliances if the event was regional, or more than five appliances in the event of a local/regional event. However, only one appliance would be provided for a national issue.
14. These trained personnel would utilise Oxfordshire Fire and Rescue Service’s assets and be based at or near strategically located fire stations.
15. The financial implications of entering into this arrangement are as follows: Set-up costs One off payment of £189, 512.00 or £24, 863 per annum over ten years First 15 months £99, 200.00 Annual charge thereafter £177, 143.00 – subject to RPI increase.
16. If the call off contract is activated a further daily charge will be made based on the number of personnel required and the duration of the event, i.e. the more crews required and the longer the time they are required the greater the cost.
Planning Options
17. The planning options are based on the outcomes of a risk assessment carried out by Oxfordshire Officers as part of the risk management processes within the Service.
Risk Assessment Outcome:
Requirement to implement Contingency Plan. (a) Local/regional event – likelihood 1 x impact 5 = 5 Low Risk (b) National event – likelihood 2 x impact 5 = 10 Medium Risk
18. It is clear that it is the professional view of Oxfordshire Officers that an event is more likely to happen nationally that will require the initiation of the Contingency Plan rather than locally. In this instance the Fireguard contract would not supply sufficient personnel to meet the minimum level of service required and further contingency arrangements would need to be secured.
19. In the case of a Pandemic event, one universally accepted method of building resilience in Fire and Rescue Services is to increase the number of firefighters, thereby ensuring that the minimum crewing for five fire appliances could be achieved utilising in part the additional personnel. This would not be effective during periods of industrial action, but a robust managerial approach and with increased utilisation of Retained Duty System firefighters would ensure adequate provision fire cover across the county. There remains an unknown variable in relation to the willingness of OFRS firefighters to respond, which is dependent upon the specific issue at hand.
This could be achieved in a number of ways: (i) Recruit and train additional wholetime firefighters who could be deployed under normal situations at key Retained Duty System Fire Stations providing much needed emergency cover during the day. They would be day duty staff with a contractual facility to alter their shift pattern to meet special contingency arrangements referred to above. (ii) Vary the contract of existing Retained Duty System Firefighters at key stations so that the skills and local knowledge acquired by these individuals can be put to best effect in normal circumstances. Their shift pattern would be day duty with additional retained cover arrangements with their agreement. There would be a contractual facility to enable their shift pattern to be changed to meet with contingency planning arrangements.
Conclusion
20. It is clear from the Fire and Rescue Services Act and the Civil Contingencies Act that Oxfordshire Fire and Rescue Authority need to have in place a Business Continuity Plan, so in the event of exceptional emergency circumstances, F&R can deliver an identified, resourced and achievable level of service to communities.
21. It has been determined that the minimum level of resources required is five frontline fire appliances. The Fireguard contract can only supply one in the event of a national issue.
22. Risk assessments undertaken by Oxfordshire Officers indicate the risk of an event to cause such circumstances either locally or in the region, that would require the contract to be initiated, is low where as the likelihood of a national event is considered medium risk. To meet the Service’s own predetermined level of service would require contingency arrangements in addition to Fireguard to be put in place.
Options to Meet Contingency Planning Obligations
23. (i) Adopt the Fireguard solution and task the Director for Community Safety & Shared Services and Chief Fire Officer to explore further contingency arrangements in the event of a national issue like a flu pandemic. (ii) Reject Fireguard solution and ask the Director for Community Safety & Shared Services and Chief Fire Officer to explore implications and provide financial implications for additional personnel and determine the most cost effective contingency planning arrangements to enable the Authority to meet its statutory obligations. This is the Chief Fire Officer’s preferred solution, taking into account the assessment of risk and cost effectiveness of the current proposed solution. (iii) Tolerate the risk and respond to exceptional emergency events on a case-by-case basis. It must be acknowledged that this action does not provide a professional pre-planned response and will not meet the requirements of the Civil Contingencies Act in terms of Business Continuity planning.
RECOMMENDATION
24. The Cabinet is RECOMMENDED to accept one of the above options and direct the Director for Community Safety & Shared Services and Chief Fire Officer to provide costings to meet the 2009/10 budget setting process deadlines, so that an informed decision can be made.
JOHN PARRY Director for Community Safety & Shared Services andChief Fire Officer
Background papers: Nil
Contact Officer: Dave Etheridge Tel: (01865) 855205 or Martin Crapper
September 2008
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