Draft London Safety Plan 2010/2013 - Fire Brigades Union London

other enforcement actions (both formal and informal
according to the risk level found) being taken.
We have written to local authorities and other residential
social landlords on a number of occasions to highlight
landlords’ responsibilities. Our local fire safety teams and
borough commanders work with local housing authorities
and other social landlords to put in place appropriate
programmes to ensure residential property is brought into
compliance with the Order.
Where companies or local authorities have a large
amount of property for which fire risk assessment and
necessary remedial works is necessary, our primary
concern is to bring the premises into compliance with the
law.
Our usual practice, developed through work with local
authorities and major housing providers, is to firstly have
the body concerned prioritise fire risk assessment of their
buildings according to the potential risk to life. This
element of prioritisation will take into account a number
of factors including premises type, construction methods,
use and any other relevant factors such as the presence of
vulnerable people. One particular factor taken into
account is that premises housing large numbers of people
(for example, large residential care homes, hospitals and
blocks of flats) may pose a relatively higher risk of
significant numbers of deaths or serious injuries because
of the numbers of people involved than would exist for
say a row of ground and first floor maisonettes that is
used for sheltered housing but where the number of
people in each property is much smaller.
The process of carrying out remedial works is prioritised
in a similar way but also takes into account the level of risk
identified through the fire risk assessments. Priority is
given to the most risk critical measures and within that to
the most risk critical in the highest potential risk premises.
For both fire risk assessments and remedial works we ask
the body concerned to propose timescales for the
necessary activities. Those timescales need to be
reasonable and for all of the works in a large number of
buildings to be completed can take several years..
However, the fire risk assessment of potentially higher
risk premises and risk critical improvements must be
carried out over a shorter period.
Where agreement cannot be reached, then enforcement
powers can be used to give legally binding effect to the
programme and dates that we consider to be reasonable
in the circumstances.(subject to any legal appeal that may
be lodged).
ENFORCEMENT OPTIONS
The Authority’s policy on determining the level of
enforcement action to take uses nationally recognised risk
assessment based methods. In deciding what action to
take to ensure compliance with the law, the Authority
considers the following:
The nature and seriousness of any alleged offence/s;
The risk of death or serious injury;
Previous experience and record of compliance of the
responsible person;
Action taken to prevent any recurrence;
The likely effectiveness of the various enforcement
options;
Any explanation offered and the circumstances and
attitude of the responsible person; and
Any statutory defence available.
The Authority will always seek to use enforcement action
that is proportionate to the circumstances of the offence
and the risk to life, but in so doing will also consider other
factors such as the size of the business or undertaking
and the nature of its activities.
Choices of enforcement approach available to the
Authority are:
Educate and inform;
Statutory notice identifying the nature of the
corrective action needed;
Prohibition /restriction of use;
Referral to other agencies;
Formal caution; and
Prosecution.
Further details of how these are applied can be found in
the Enforcement policy statement.
THE USE OF FORMAL ACTION
Before formal enforcement action is taken officers will
allow those responsible for complying to make
representations and, where possible, to resolve points of
difference, except when the situation is so serious that
immediate action is necessary. When immediate action is
taken to prohibit or restrict the use of a premises this will
be explained in writing to the relevant party/parties
normally within 24 hours. Where rights of appeal exist
against formal action the Authority will clearly state this,
with advice on the appeal process.
PUBLIC INTEREST FACTORS
The Authority will consider the following factors in
deciding whether or not to prosecute:
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