Standards of behaviour: What the HMICFRS report on the handling of misconduct in the fire and rescue service says

Understanding HMICFRS’ investigation into the handling of misconduct in fire and rescue services

The His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) has released a comprehensive report addressing the ongoing challenges and improvements needed in handling misconduct within Fire and Rescue Services (FRS) in England.

Since HMICFRS’ mandate expanded in 2017, its continuous inspections have aimed to foster better cultures and reduce misconduct within FRSs.

Despite some progress, the latest publication: ‘Standards of behaviour: The handling of misconduct in fire and rescue services’ highlights significant areas require attention and reform.

Cultural issues and misconduct

Persistent unacceptable behaviour

The report highlights that despite efforts, bullying, harassment, discrimination, and other forms of misconduct remain prevalent.

Our recent survey involving 10% of the FRS workforce revealed that 34% experienced misconduct in the last year, including rude and offensive behaviour, abuse of power, and bullying.

While efforts are being made to improve, these behaviours are deeply entrenched, especially within tightly knit groups like watches, where toxic cultures can persist.

Initiatives and leadership efforts

The report says there is a concerted effort among FRS leaders to address these cultural issues.

Initiatives like the Core Code of Ethics, created by the National Fire Chiefs Council, Local Government Association, and Association of Police and Crime Commissioners, have been implemented to set clear behaviour standards.

While almost all staff are aware of the Code, its impact varies across services, with some areas showing significant improvements and others reporting no noticeable change.

Misconduct identification and reporting

Awareness vs.

Confidence

The report indicates that most FRS staff understand how to raise concerns, but there is a widespread lack of confidence in the processes.

Fear of repercussions, doubts about confidentiality, and perceptions of biased and ineffective investigations deter many from reporting misconduct.

This mistrust is particularly acute among women and minority ethnic groups.

Professional standards functions

To address these concerns, the report mentions that some FRSs have established professional standards functions to ensure fair and transparent investigations.

However, these units often lack the necessary training and resources.

There is a call for more consistent and dedicated professional standards functions across all FRSs to improve the handling of misconduct cases.

Effectiveness of misconduct processes

Investigation and management

The report scrutinizes the effectiveness of grievance and disciplinary processes within FRSs.

While some services have robust policies and fair practices, others show significant deviations, particularly between operational and non-operational staff.

Common issues include lack of clear terms of reference for investigations, excessive delays, and inconsistent decision-making.

Training for managers and supervisors

A critical factor undermining effective misconduct management, according to the report, is the inadequate training for supervisors and managers.

Many are unprepared to handle staff performance, welfare issues, and misconduct, leading to a reliance on HR for support.

There is an urgent need for comprehensive training programs to equip managers with the necessary skills.

Support and sanctions

Welfare support

The report finds that welfare support for those involved in misconduct processes is generally good but inconsistent.

While complainants and alleged perpetrators often receive support, witnesses, investigators, and decision-makers sometimes do not.

The report emphasizes the need for equitable support across all parties involved in misconduct cases.

Appropriate sanctions

The report notes that sanctions applied in misconduct cases are mostly appropriate and consistent with the severity of the misconduct.

However, the report raises concerns about individuals retiring or resigning before dismissal for misconduct, suggesting the need for a national barred list to prevent such individuals from joining other services.

Learning and improvement

Sharing lessons learned

The report highlights that most FRSs lack a systematic approach to analyzing and sharing lessons from misconduct cases.

Improved data analysis and national processes for sharing lessons learned are recommended to reinforce acceptable behaviour standards and prevent repeat misconduct.

Recommendations for improvement

The report concludes with 15 recommendations aimed at improving misconduct processes, cultural change, and leadership within FRSs.

Key recommendations include:

1. Embedding the Core Code of Ethics: By 1 February 2025, all staff should be aware of and adhere to the Core Code of Ethics. Services should build the code into all relevant policies and practices.
2. Policy for Probationary Staff: By 1 February 2025, implement policies to allow immediate dismissal of probationary staff failing to meet behaviour standards.
3. Staff Movement and Promotions: By 1 May 2025, ensure workforce plans allow staff to be moved proactively and reactively to prevent toxic cultures. Also, ensure that promoted firefighters are posted to different watches or stations.
4. Dedicated Professional Standards Function: By 1 February 2025, establish or access professional standards functions to oversee investigations and ensure they are conducted fairly and transparently.
5. Improving Reporting Confidence: By 1 November 2024, ensure staff understand how to raise concerns and differentiate between grievance and whistle-blowing processes.
6. Training for Managers and Supervisors: By 1 February 2025, implement comprehensive training programs for all supervisors and managers on managing staff performance, welfare, and raising issues.
7. Consistency in Misconduct Policies: By 1 May 2025, ensure misconduct policies are consistent for all staff and fairly applied within their respective conditions of employment. By 1 August 2025, make these processes consistent for all staff irrespective of their employment terms.
8. Handling Allegations Consistently: By 1 November 2024, ensure all allegations of misconduct are handled consistently and that staff have confidence in these processes. Review the processes from initial identification to resolution.
9. Case Management System: By 1 August 2025, introduce a case management system to better understand and oversee misconduct cases.
10. Capacity for Investigations: By 1 May 2025, ensure sufficient capacity to carry out misconduct investigations, considering the use of external investigators if needed.
11. Training for Investigators: By 1 May 2025, review and improve training for supervisors and managers who investigate misconduct issues at all levels, ensuring ongoing support and refresher training.
12. Welfare Support Awareness: With immediate effect, ensure all staff are aware of the welfare support available during misconduct processes and encourage its use.
13. Appeals Process: By 1 November 2024, consider varying the approach to hearing appeals, having panels for complex or serious cases. By 1 February 2025, ensure appropriate training for those who hear appeals.
14. Oversight and Scrutiny: By 1 November 2025, implement a process to oversee and scrutinize performance related to misconduct issues, including regular reporting and identification of learning outcomes.
15. Sharing Learning: By 1 February 2025, implement a process for sharing learning from resolved misconduct cases while preserving confidentiality. By 1 May 2025, the National Fire Chiefs Council should establish a system for sharing learning from serious cases.

HMICFRS Standards of behaviour report summary

The HMICFRS report highlights persistent issues of bullying, harassment, discrimination, and other forms of misconduct within Fire and Rescue Services (FRS) in England, despite efforts to address them.

The report finds that while FRS leaders are making concerted efforts to improve culture through initiatives like the Core Code of Ethics, the impact is inconsistent.

Many staff lack confidence in reporting processes due to fears of repercussions and doubts about confidentiality and impartiality.

The report identifies a need for better training for supervisors and managers in handling staff performance, welfare issues, and misconduct.

It emphasizes the importance of establishing professional standards functions to ensure fair and transparent investigations.

The report also highlights inconsistencies in how misconduct cases are handled between operational and non-operational staff and calls for equitable welfare support for all parties involved in misconduct processes.

Fifteen recommendations are made, including embedding the Core Code of Ethics, creating policies for probationary staff, improving reporting confidence, and implementing a case management system.

The report stresses the importance of sharing lessons learned from misconduct cases to reinforce acceptable behaviour standards and prevent repeat issues.

The findings and recommendations provide a roadmap for FRS leaders to drive meaningful change and ensure a professional working environment.

For more information and to read the full report, visit the HMICFRS website.