HMICFRS Standards of Behaviour (the handling of misconduct in fire and rescue services)

Recommendation

Chief Fire Officers should make sure their services create or have access to a dedicated professional standards function to oversee the investigation of concerns raised within a service or from an external source. This should oversee cases to make sure they are investigated in a fair and transparent way, manage complex cases directly and act as a point of contact for all staff involved.

Action we have taken

The terms of reference have been developed in collaboration with consultant and Hereford & Worcester Fire and Rescue Service, with consultant providing independence in the process.

The Board members have been selected, and the first meeting to discuss the purpose and process took place in February 2025. Future meetings have been scheduled to occur every six weeks, during which live cases will be reviewed by the Board.

Status

 Complete

Recommendation

Chief Fire Officers should make sure all staff understand how to raise a concern and use grievance and whistle-blowing processes. Chief fire officers should make sure staff know how services will handle responses and maintain confidentiality and anonymity; and explain how staff can access services’ whistle-blowing capability and the difference between whistle-blowing and other processes for raising concerns.

Action we have taken

Whistleblowing, Grievances, Say So, and HIVE details are now on the Staff Room intranet, with all policies accessible. An article in Burning Issues (internal publication) clarifies the differences between these terms. Further communication reinforces the confidentiality of HIVE/Say So. Terminology is now included in Middle Manager Training Modules to strengthen understanding.

Status

 Complete

Recommendation

Chief Fire Officers should make sure a programme of training is in place for all supervisors and managers on how to manage staff performance and welfare and how to raise an issue. It should be supported by relevant policies and procedures. Training should include:

• Staff welfare and absence management;
• the process for managing individual staff performance, addressing poor performance and potential misconduct issues;
• how to handle difficult conversations and resolve issues informally, if appropriate, when a concern is identified; and
• clarifying the role of HR services in helping managers to deal with staff concerns and misconduct issues. Chief fire officers should make sure all managers and supervisors attend the training programme.

Action we have taken

A training schedule has been developed by the HR Department. Capability Management, covering both absence and performance, will be addressed in training sessions. Training will be conducted for each area once the relevant policies are completed. This is currently a work in progress, and until the training program covering the specified topics begins to be delivered, we do not consider it ready to be regarded as business as usual.

Status

 On track

Recommendation

Chief Fire Officers should make sure the policies and processes for misconduct are consistent for all staff and are fairly applied within their respective conditions of employment.

By 1 August 2025, the National Joint Council for Local Authority Fire and Rescue Services and the National Joint Council for Local Government Services, supported by the National Fire Chiefs Council, should make misconduct processes consistent for all staff irrespective of the terms and conditions of their employment.

Action we have taken

Linked to progress against AFI 19 Round 2 inspection (complete) re. consistency in application of HR policies.

The HR Tracker, which has been verified by an external consultant, will continue to be used to ensure consistency across cases and to manage their completion in a timely manner. It will also be reviewed by the Professional Standards Board, which will provide feedback to drive improvements.

All policies related to misconduct are aligned with the ACAS Code of Practice, and when reviewed, they adhere to this guidance. Unions have been consulted throughout the process.

Status

 Complete

Recommendation

Chief Fire Officers should make sure all allegations of misconduct are handled in a consistent way and staff have confidence in misconduct processes. Chief fire officers should carry out a full review of the processes, from initial identification of a misconduct issue through to the resolution or outcome. This should include a review of how services:

• monitor and manage investigations;
• maintain accurate records; and
• adhere to required timescales.

Action we have taken

The misconduct process is under continuous review, incorporating findings from the thematic report. Key changes include an appeals panel, external investigators when needed, and improved record-keeping. Consultation with unions is ongoing:

• Investigations: Managers assess misconduct with HR support, with complex cases referred for external advice. A new supervisory training course includes sessions with an employment lawyer.
• Record-Keeping: Cases are tracked in an HR system and stored in employee files for oversight.
• Timescales: HR monitors cases weekly, adjusting timelines when necessary while aiming to meet policy deadlines.

Status

 Complete

Recommendation

Chief Fire Officers should introduce a case management system if they don’t already have one. The case management system should allow data to be produced that will help them to better understand and oversee misconduct cases in their services.

Action we have taken

The HR department has been using a tracking sheet for a number of years, which has now been significantly enhanced and improved.

• Cases are reviewed weekly.
• Trends are monitored.
• Themes are reported quarterly.

An independent consultant reviewed the Tracker and provided recommendations on how it could be improved. These recommendations have been incorporated into the process. Given the current financial constraints, our recommendation is to continue using the current method of review without incurring any additional costs.

Status

 Complete

Recommendation

Chief Fire Officers should make sure their services have enough capacity to carry out their misconduct investigations. They should consider using external investigators or a similar independent resource to support the process if required.

Action we have taken

Linked to Rec. 4 in Values and Culture paper – signed off as Complete.

In 2024, consideration was given to using an independent investigator within the service to review cases, with the aim to:

• Provide independence
• Enhance speed
• Offer a learning opportunity

Two different independent approaches were trialled, with varying degrees of success. The outcome was that one of the providers delivered an excellent service, while the other failed to meet acceptable standards. This can be utilised as needed.

Status

 Complete

Recommendation

Chief Fire Officers should review the training their services provide for supervisors and managers who investigate misconduct issues at all levels. Chief fire officers should make sure:

• all staff who carry out investigations receive adequate training to carry out the task;
• a programme of refresher training and ongoing support is available so that staff can maintain a level of competence; and
• it is clear how services’ HR provision, staff associations and any trade union representative or fellow employee will support the investigation process.

Action we have taken

Training for Investigation Officers with Employment Consultant, which was previously conducted on an ad hoc basis, is now mandatory within the Middle Management Training programme. This training runs annually, with non-operational fire staff also invited to attend.

HR Officers work closely with all Investigating Officers to ensure consistency and provide supportive feedback throughout the process, aiming to improve the quality of investigation reports.

Professional Standards Boards (Recommendation: 4) will be used to review all drafted investigation reports, offering learning opportunities and ensuring quality assurance.

Training on the production of written reports will be provided during the HR Training Day, including the introduction of new templates to streamline processes where appropriate. A list of all trained investigators has been created to ensure a fair distribution of cases.

The investigation process is clearly defined within the Disciplinary process which is located on our staff intranet.

Status

 Complete

Recommendation

Chief Fire Officers should make sure all staff are aware of the welfare support, including occupational health support, that is available to staff involved in misconduct processes. Chief fire officers should encourage all staff involved in misconduct processes to access this support, whether they are an alleged perpetrator, complainant, witness, investigator or decision-maker.

Welfare personnel should be independent of the investigation and have been appropriately trained for this role.

Action we have taken

Welfare support is now formally offered to all involved in investigations, including witnesses, interviewers, and those at the centre of allegations.

Key Updates:

• HR has been briefed in weekly meetings.
• Welfare support is now included in all investigation, grievance, and disciplinary documents.
• Training with Occupational Health will be rolled out to all Support Officers.
• The Disciplinary Policy has been updated to reflect this provision.

Status

 Complete

Recommendation

Fire and Rescue Authorities and Chief Fire Officers should consider varying the approach to hearing appeals so that appeals for complex or serious cases are heard by a panel rather than one person.

By 1 February 2025, fire and rescue authorities and Chief Fire Officers should make sure all service managers and members of fire and rescue authorities who hear appeals receive appropriate training.

Chief Fire Officers should make sure services have a consistent approach to hearing appeals.

Action we have taken

The Disciplinary Policy now allows independent personnel from the Commissioner's Office on the Appeals Panel if needed. External legal training has been provided to independent panel members for consistency and effectiveness. The HR Team has been briefed on this change.

Status

 Complete

Recommendation

Chief Fire Officers should implement a process that makes sure they can oversee and scrutinise their services’ performance relating to misconduct issues. This process should provide:

• a strategic overview of performance and analysis of trends, including disproportionality.
• regular reporting of issues, outcomes and trends to the fire and rescue authority; and
• identification of learning outcomes and how they will be shared with fire and rescue service staff, to prevent repeat behaviours.

Action we have taken

Performance is tracked through public performance meetings, internal governance board reports, and the HR tracker. The HR Manager also reports on it during senior leadership team performance meetings.

Status

 Complete

Recommendation

Chief Fire Officers should put in place a process for sharing learning from misconduct cases that have been resolved while preserving the confidentiality of all parties involved. Any learning should feed into the national system, when established.

By 1 May 2025, the National Fire Chiefs Council should establish a system for sharing learning from more serious cases of misconduct with fire and rescue service staff. The information shared should preserve the anonymity and confidentiality of all parties involved. The College of Fire and Rescue, once it is established, should take responsibility for maintaining this system.

Action we have taken

Links to Recommendation 11 - HR Training will serve as the forum for sharing case learnings, with plans to make this an annual event. Sharing cases more frequently than annually may risk compromising confidentiality.

Status

 Complete