​​​Response to HMICFRS - Proposed fire and rescue services inspection framework and programme 2025 to 2027​​

Title of consultation: ​Consultation on proposed fire and rescue service inspection framework and programme 2025 to 2027​ 

Source of consultation: ​His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS)​ 

Date: ​15 September 2024​

We are the equality regulator for Great Britain and the National Human Rights Institution for England and Wales. We have a statutory mandate to advise government, Parliament and public authorities on matters relating to equality and human rights. 

We welcome this opportunity to respond to this consultation.   

Our 2022–25 strategic plan sets out our objective to ‘work to eliminate unlawful workplace discrimination, harassment and victimisation so that all workers are treated fairly’. We have developed a programme of work to address race and sex discrimination, harassment and victimisation and sexual harassment within the uniformed services in England, Scotland and Wales.

Several recent media reports and culture reviews, including HMICFRS’s report on ‘Values and culture in fire and rescue services’ reveal serious concerns about the prevalence of discrimination, harassment and victimisation in the sector. HMICFRS’ recent report, Standards of behaviour: The handling of misconduct in fire and rescue services, noted some progress but conceded that unacceptable behaviour is still an issue. It is crucial that:

• the HMICFRS’ inspection frameworks address workforce equality issues to meet the framework ambition to assess ‘how well a fire service looks after its people’ and ‘establish a positive culture and standards of conduct, and look after the health and wellbeing of its staff’
• FRAs and FRSs take the contents of the HMICFRS inspection framework seriously, and a framework which emphasises workforce equality will motivate them to take action

We see this as a key part of how HMICFRS meets its obligations under the Public Sector Equality Duty (PSED).

HMICFRS and the organisations it inspects must comply with the Equality Act 2010 (EA2010), including the PSED, which exists to integrate consideration of equality and good relations into the daily business of public authorities. The PSED requires public authorities to have due regard to the need to:

• eliminate discrimination, harassment and victimisation and other conduct prohibited by the Act
• advance equality of opportunity between people who share a protected characteristic and those who do not
• foster good relations between people who share a protected characteristic and those who do not

As listed public bodies, HMICFRS and Fire and Rescue Authorities (FRAs) are also subject to the specific duties to publish equality objectives, gender pay gap information and equality information to demonstrate compliance with the general duty. These specific duties drive transparency, providing insight into how public bodies meet their general duty and think about key equality issues. Our Essential Guide to the PSED and Technical Guidance on the PSED: England provide a full explanation of the PSED and the specific duties.

Greater scrutiny, transparency and accountability should help to uncover the scale of workforce equality problems with Fire and Rescue Services (FRSs) and provide insight into which remedial actions result in positive change. The 2025 to 2027 fire and rescue service inspection framework should assess:

• how well FRAs ensure that FRSs advance equality of opportunity for all staff and prevent and tackle discrimination, harassment and victimisation
• if FRSs collect the necessary data to evaluate whether groups within the workforce experience workplace harassment (as defined by EA2010) or barriers to progression
• if and how well FRSs implement measures to further equality of opportunity and tackle and prevent workplace discrimination, harassment and victimisation
• if and how well FRAs and FRSs evaluate the impact of measures to further equality of opportunity and tackle and prevent workplace discrimination, harassment and victimisation
• how FRSs implement the forthcoming duty for employers to take reasonable steps to prevent sexual harassment in the workplace

Scrutinising impact is as important as scrutinising process. The framework should not only assess whether FRAs implement measures to further equality of opportunity and tackle and prevent workplace discrimination, harassment, and victimisation but how FRAs and FRSs are evaluating the impact of those actions. 

Question 1

 Yes, we agree with this proposal.

Question: Are there any areas in particular that we should look at?

We (the EHRC) recommends that HMICFRS evaluate how well FRAs and FRSs comply with the Equality Act 2010. Both are subject to the Public Sector Equality Duty (PSED), which means they must have due regard to the need to eliminate discrimination, harassment, and victimisation; advance equality of opportunity and to foster good relations between those who have a protected characteristic and those who do not.  

HMICFRS should evaluate how well FRAs ensure that FRSs advance equality of opportunity within their workforce and prevent and tackle discrimination, harassment, and victimisation. Inspections should assess how well FRAs:    

• establish and monitor specific, measurable, and evidence-based equality objective(s), including assessing if there is a need for equality objectives in relation to FRS workforces
• receive and analyse workforce equality data and evidence
• identify and tackle discrimination, harassment, and victimisation, supporting the FRS to implement and evaluate the impact of remedial actions

Objectives, evidence, and metrics

To set equality objectives and scrutinise FRS performance, FRAs must review robust FRS workforce equality data and evidence drawing upon a range of sources such as internal human resources data, anonymised staff surveys and informal feedback to gain a broad understanding of the workforce experience.  HMICFRS inspections should assess the quality of data which FRAs scrutinise as well as their ability to analyse and act upon it. 

As part of the PSED, FRAs should evaluate and analyse FRS workforce data, disaggregated by protected characteristics, on:

• recruitment, retention, and progression
• informal complaints and formal grievances
• staff disciplinaries, including analysis of disproportionality relating to protected characteristics
• workforce experience
• impact of workforce related equality related initiatives, training, and remedial action, including examples of action on adverse findings and the impact of those actions
• effectiveness of policies relating to workforce equality and discrimination, harassment, and victimisation   
• uptake and impact of the national Core Code of Ethics for fire and rescue services

FRAs should review evidence to ensure:

• FRS leaders and decision-makers use workforce equality data for workforce planning and developing employment policy and practices
• FRSs are committed to act on adverse findings and evaluate the impact of remedial actions
• evidence shows positive change in the short and longer terms

Discrimination, Harassment and Victimisation

HMICFRS’s report Values and culture in fire and rescue services indicates that over 25% of submissions to the HMICFRS independent reporting line between 2018 and 2023 were about bullying, harassment, and discrimination. As such, FRAs should pay particular attention to supporting FRSs to prevent and tackle discrimination, harassment, and victimisation. 

We encourage public authorities to collect protected characteristic related data on discrimination, harassment and victimisation and harassment. HMICFRS’ recent report on handling of misconduct in fire and rescue services shows that analysis of misconduct is limited in most services. Robust data will allow FRAs to determine whether particular types of discrimination are taking place and support FRSs to take action.

On 26 October 2024, employers will have a new positive legal obligation to take reasonable steps to protect workers from sexual harassment, per the Worker Protection (Amendment of Equality Act 2010) Act 2023. FRAs should support and scrutinise FRSs’ implementation of this new duty. We are keen to support HMICFRS and fire sector organisations in understanding this new law. We are updating our ‘Sexual harassment and harassment at work technical guidance’ to reflect the new duty

We recommend the HMICFRS inspection framework should assess:

• if and how well FRAs have due regard to the three aims of the PSED, and that they are setting ambitious, evidence-based, specific and measurable equality objective(s)
• whether FRAs are receiving and effectively analysing sufficient FRS workforce equality data, including on recruitment and progression and on discrimination and harassment; are taking necessary action to tackle discrimination, harassment, and victimisation; and that FRS workforce equality initiatives or remedial actions are evaluated and monitored for impact
• how FRAs supports FRSs to implement the new duty for employers to take reasonable steps to prevent sexual harassment

Response to question 2

Yes, we agree with this proposal. 

Our further comments  

Capable, confident leadership is key to maintaining a working environment free from bullying, harassment and discrimination. HMICFRS’ report on ‘Values and culture in fire and rescue services’ recognizes that leaders at all levels have an important impact on culture. Recent reports, including the South Wales Fire and Rescue Service Culture Review, showed a failure to challenge unacceptable behaviour at all management levels and toxic ‘watch cultures’ linked to ineffective management. 

We (the EHRC) recommend that HMICFRS’ leadership assessment focus on whether leaders at all levels in the FRA and FRS are complying with their PSED duties as they apply to the workforce and people affected by their policies and procedures.

This will involve evidence that FRS leaders at all levels understand and discharge their public sector equality duties. Leaders should be aware of their organisation’s equality objectives and their role in achieving them. They should be trained to consider the equality impact of decisions made while exercising public functions. We have published guidance on this: How to consider equality in policy making: a 10 step guide for England.

FRS leaders at all levels should also set behaviour standards and respond effectively to workplace discrimination, harassment and discrimination. A recent HMICFRS report on handling misconduct in the fire service noted that most fire services have signed up to the national Core Code of Ethics, but not all see the desired effect of doing so. Leaders at all levels must act to change this. The report also evidenced gaps in capability for managers, including new managers, to manage misconduct and handle grievance cases.

Response to question 3

We are not responding to this question.

Response to question 4

Yes, we agree with this proposal.

The Equality and Human Rights Commission (EHRC), expects all FRSs to engage with and understand the needs of people with protected characteristics in their service area. We also expect them to publish information demonstrating how they have met their PSED obligations. As highlighted in our Technical guidance on the Public Sector Equality Duty: England, could include:

• access to, and satisfaction with, the service, including complaints
• details of, and feedback from, any engagement with members of the public
• quantitative and qualitative research undertaken with the public
• records of how the authority has had due regard to the equality duty in making decisions for delivery of services to the public  
• any relevant performance information, particularly relating to outcomes

To assess community needs and the equality impact of policies and decisions, we recommend that FRSs use existing data sources collected by other bodies, such as Office for National Statistics data. They should collaborate with and build connections with other local public authorities and organisations to share knowledge about the population the FRS serves.

The EHRC recommends that the HMICFRS inspection framework evaluate how well FRS community risk assessments demonstrate they understand and are responding to the needs of people with protected characteristics in their area.

Response to question 5

Considering the scope of our uniformed services work, we (the EHRC) are limiting our response to section three of Annex A, ‘How well the FRS looks after its people.’ We welcome the focus on improving values and culture, ensuring the health and wellbeing of the workforce, and on fairness and diversity. 

However, we recommend there could be more specific and measurable criteria to evaluate how effectively an FRS is discharging its PSED duties in relation to the workforce. The ‘characteristics of good’ should reference the outcomes and impact of equality and culture related policies, processes, and practices.  

We also recommend embedding reference to collection and monitoring of equality data, throughout the ‘characteristics of good,’ particularly data comparing the experiences of employees from protected characteristic groups. Collecting and monitoring equality data over an extended period will help FRSs assess the impact of policies and procedures, both positive and negative, and take effective remedial action as needed. In Question 2, we suggested types of evidence required in relation to FRA and FRS PSED duties. 

In particular, we looked at the following points in the Annex.

3.1 Effectiveness of FRSs at promoting, embedding, and improving values and culture

Challenging unacceptable behaviour

We recommend that the ‘characteristics of good’ state that equality data, disaggregated by protected characteristic, is collected on reports of unacceptable behaviour and on any measures used to assess ‘confidence’ in the system. This will motivate FRSs to monitor whether any protected characteristic groups are more likely to experience unacceptable behaviour and feel confident to report it.   

3.2 How well trained, skilled and developed are FRS staff

Training and development

The characteristics should explicitly reference monitoring of equality data in relation to managing career pathways and accessing training and development. This will help to ensure an evidence-based approach to identifying disproportionality in progression opportunities for groups of people with protected characteristics. It is also necessary to evaluate whether equality related training is effective in reducing incidents of discrimination, harassment, or victimisation. Equality and diversity training should be evidence-led, and its effectiveness monitored via, for example, staff surveys, focus groups and performance management discussions.

3.3 How well does the FRS ensure fairness and diversity

Recruitment, retention, and progression

As found in HMICFRS’ report, ‘Standards of behaviour: the handling of misconduct in fire and rescue services’, under-represented groups tend to fare badly when seeking promotion and progression in FRSs, and women and ethnic minority personnel often report that they are not treated fairly. In addition to taking action to recruit a diverse workforce and overcome potential barriers for groups to progression, the characteristics should reference that good FRSs monitor the impact of those actions.

Performance management

FRSs should also collect and monitor equality data relating to staff performance for disproportionality. For example, The Independent Culture Review of London Fire Brigade found that ethnic minority staff, ethnic minority staff were more than twice as likely to be subject to disciplinary hearings than their white counterparts. Taking action to examine the root causes of disproportionality, address them through remedial action and evaluate the impact of that action should form part of the ‘characteristics of good’ in the inspection framework.

Implementing positive action measures

We appreciate the reference to ‘using positive action where possible’ in the characteristics of good. We recommend that inspections ask if FRS’ have considered positive action where there is under-representation in the workforce.  Employers can take positive action measures to address under-representation of groups who share a protected characteristic in particular parts of an organisation, for example, senior management. This is covered by section 158 and section 159 of the Equality Act 2010. Section 158 refers to positive action in general. Section 159 refers to positive action in recruitment and promotion. Further detail and information is provided in our Employment Statutory Code of Practice.

Promoting equality and diversity

We welcome the reference to FRSs promoting equality, diversity, and inclusion across all their staff groups. We also recommend staff should understand the different types of discrimination, harassment and victimisation as defined in the Equality Act 2010. Likewise, a good FRS will not only ‘prioritise equality through strategies, plans, and training’ but will also measure and review evidence of their impact. 

Preventing sexual harassment

HMICFRS’ report, Standards of behaviour: the handling of misconduct in fire and rescue services, found that FRSs have traditionally been poor workplaces for women because of high levels of sexual harassment and limited opportunities for promotion. As noted above, from October 2024, employers have a new positive legal obligation to take reasonable steps to protect their workers from sexual harassment. We recommend that Annex 3 is updated to include implementation of this new duty within the ‘characteristics of good.’

3.4 How well does the FRS lead its people?

Leadership programmes

Criteria should reflect that FRS’ robustly monitor protected characteristic related data in relation to leadership programmes.

Challenging discrimination and harassment

Criteria should specify that leaders at all levels:

• understand, recognise, and can challenge the different types of discrimination and harassment as defined in the Equality Act 2010
• implement measures to reduce the potential for discrimination, harassment and victimisation and ensure that related complaints are handled swiftly and sensitively

Response to question 6

The Equality and Human Rights Commission (the EHRC) will not respond on areas that should be reduced or removed. However, we recommend that HMICFRS fully analyse the equality impacts of any decision to reduce or remove the amount of time spent on an area for inspection.

Given recent reports into the fire and rescue sector, the focus on organisational culture and workforce equality issues should not be reduced or removed. Improving workforce equality and ensuring there is a positive culture in the workplace may positively impact service delivery and positive community engagement. Other regulators, such as the Care Quality Commission (CQC), have identified that poor organisational cultures can lead to poor or failing services. This is mentioned in CQC’s report, Equally outstanding: Equality and human rights - good practice resource. HMICFRS should look at such research from other sectors to identify similar issues and learning relevant to regulation and inspection in this sector.

Response to question 7

HMICFRS is subject to the Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility Regulations 2018. These regulations place a legal duty on public bodies to ensure their websites are accessible to disabled people. Further details can be found at gov.uk.

We recommend that HMICFRS focus on impact and success measures in inspection reports. For example, whether action taken to deal with problems of harassment is proving effective in practice. This would allow a focus on solutions as well as the problem.

Our response to question 8

Question 8: Are there any areas you think we should examine more?

We suggest the following areas should be examined more.

Fulfilment of Public Sector Equality Duties

In our supplementary introduction we (the EHRC) summarised Public Sector Equality Duties, as they apply to HMICFRS, FRAs and FRSs.  We recommend HMICFRS’ fire and rescue service inspection programme and framework use the PSED as a frame to address workforce equality issues.  We have given examples throughout our consultation response how HMICFRS can do so. We see this as a key part of how HMICFRS meets its own PSED obligations.

Effectiveness of FRS equality data collection and analysis

We also recommend that HMICFRS inspect the effectiveness of FRAs’ equality data collection and analysis, in line with PSED obligations. Specific focus should be on FRSs’ collection and analysis of data to consider:

• workforce diversity, including recruitment, progression and retention
• complaints and grievance processes
• disciplinary processes

When collecting data, we recommend FRAs use the Equality Act 2010 protected characteristics and use the Office for National Statistics harmonised standards and guidance to ensure their statistics are comparable and coherent. Inspections could also highlight to FRSs where the disclosure in of individuals in particular categories is low, with suggestions for improving disclosure.

We are developing guidance to support uniformed service sector organisations to collect and analyse good quality equality data. We are consulting HMICFRS as a key stakeholder in its development.

Monitoring impact of remedial action

When inspecting FRSs, HMICFRS should look for objective evidence showing  improvement in workforce equality. If an FRS establishes through equality data that there are concerns about discrimination, harassment and victimisation, it should address this with an action plan. In these cases, HMICFRS should consider whether indicators show the pace of delivery is sufficient, and, crucially, whether remedial action is proving effective. 

The CQC has taken this approach with its enhanced workforce equality inspection measures. Implementing an action from Inclusive Britain: Government response to the Commission on Race and Ethnic Disparities, the CQC’s new single assessment framework assesses how NHS providers are addressing the experiences, progression and disciplinary actions in respect of ethnic minority staff in order to hold healthcare providers to account for ethnic disparities in their workforce.

Obligations in relation to workplace harassment and sexual harassment

Defining harassment and victimisation

We recommend that in reference to unacceptable behaviours, the HMICFRS inspection framework explicitly refers to and uses the definition of harassment and the definition of victimisation under the Equality Act 2010. Further details about harassment can be found in the EHRC’s Code of Practice on Employment, chapter 7.  

New duty to prevent sexual harassment

From 26 October 2024, employers have a positive legal obligation to take reasonable steps to protect their workers from sexual harassment. We recommend that HMICFRS inspections examine how well FRSs are implementing this new duty and disseminate examples where FRSs have good outcomes from these activities. We are updating our ‘Sexual harassment and harassment at work technical guidance’ to advise employers on the new duty. We will send this to HMICFRS when it is published in late September. We are also hosting sector specific educational webinars on the new preventative duty. We are happy to work with HMICFRS to raise awareness of the new duty and ensure it is reflected in the new inspection regime.