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Enforcement Policy

The Enforcement Policy is the procedure that our inspectors follow when deciding what action to take against premises that fail to meet standards.

The policy ensures that inspectors act in an equitable, practical and consistent manner.

The Enforcement Policy Statement is available to download at the bottom of this page.

Please note that the Enforcement Policy only applies to legislation enforced by the Tyne and Wear Fire and Rescue Service.

This page outlines the main points contained within the Enforcement Policy under the following headings.

  • Who will carry out the enforcement duties?

  • What action can inspectors take?

  • What can you do if you think you have not been treated fairly?

The Fire Authority is a signatory to the Regulatory Compliance Code and also adopts the Enforcement Concordat, the Enforcement Policy incorporates the principles contained within both Codes. 

Our commitment to you:

  • We will draw up clear standards, setting out the level of service and performance the public and business people can expect to receive;

  • We will deal with the public and business community in an open and honest way;

  • We will provide a courteous, efficient and helpful service;

  • We will respond promptly and positively to complaints about the service;

  • We will ensure that enforcement action is proportionate to the risks in each case;

  • We will carry out our duties fairly and consistently;

  • We will monitor and review the quality and nature of our enforcement activities.  This will assess the effectiveness of the Enforcement Policy, looking at its aims and objectives and ways of improving it.

Who will carry out the enforcement duties?

Only inspectors authorised (carrying ID and Authorisation Card) by the Chief Fire Officer may inspect your property and carry out enforcement duties. The Chief Fire Officer will only allow inspectors to work in different areas of the law when he is happy with their level of qualification, training and experience. 

What action can Inspectors take?

Inspectors will take into account the following points when deciding what action to take:

  • How serious the offence is;

  • The past history of the offender;

  • The confidence in management and how willing the offender is;

  • The consequences of non-compliance

  • How effective the enforcement actions could be;

  • Duties that are mandatory or discretionary.

 

In most cases action taken by inspectors will be informal and will be:

  • verbal advice

  • a letter with recommendations, or

  • a formal letter listing works which must be carried out in order to comply with the legislation, and other recommendations.

 

A statutory notice will be served where:

  • a serious breach of legislation is noted during an inspection;

  • there is a risk to safety;

  • breaches of legislation exist and the history of the premises suggests that the work will not be completed without the need for formal action

 

Failure to comply with a statutory notice will result in prosecution, other than in exceptional circumstances.

People and businesses that receive notices will always be informed in writing of their rights to appeal and these will normally be on the back of the notice. They will also be informed in writing of the consequences of non-compliance.

The decision to prosecute for an infringement will be based on 'The Code for Crown Prosecutors'

Complaints  

A written record will be made of all complaints made by employees, or others, about fire safety standards in a place of work, and the responsible person will be informed immediately. 

They will arrange for an inspection to be carried out within 24 hours, or immediately if there is a suggestion of a serious risk to life in case of a fire. 

When we need to take immediate action in the premises, an explanation of why the action was required will be given at the time and confirmed in writing within five working days. 

What can you do if you think you have not been treated fairly?

If you do not agree that action required by an inspector is necessary, or you wish to carry out different remedial work, you can discuss the matter informally with either the inspector or their manager. 

If you are unhappy with the action taken or information or advice given by inspectors of the Fire Authority or believe you have not received fair or consistent treatment, you can discuss the matter with the relevant manager.

After your complaint has been investigated, you will receive a written response. If the problem is still not resolved, you should follow the Fire Authority's formal complaints procedure. This is without prejudice to any formal appeal process.

  • pdf
  • Enforcement Policy Statement [pdf / 101KB] The principal aim of the Fire Authority is to make the county of Tyne and Wear a safer place by reducing as far as possible the risks and social and economic costs of fires and other dangers, without imposing unnecessary burden. Securing compliance with legal regulatory requirements is an important part of achieving this aim.
  • pdf
  • Enforcement Concordat Guide [pdf / 430KB] This guide both celebrates the good work that is being done and demonstrates to all enforcement bodies what can be achieved by applying the Concordat's Principles of Good Enforcement.

Management Model

Our enforcement procedures are based on the enforcement management model used by the Health and Safety Executive (HSE). 

The principles of this model are that actions should directly relate to the circumstances.  The actions should also be targeted at more serious risks and be transparent to all responsible persons.

  • pdf
  • Enforcement Management Model [pdf / 294KB] The Enforcement Management Model (EMM) is a framework which helps inspectors make enforcement decisions in line with the Health and Safety Commission's (HSC) Enforcement Policy Statement (EPS).

Regulators Compliance Code

Regulators should consider the Code when writing policies, setting standards or giving guidance about their duties.

The Code was drafted in response to the Hampton Review of the UK’s regulatory system which proposed a risk-based approach.

It asks regulators to consider:

Supporting economic progress

Performing regulatory duties should not impede business productivity.

Risk assessment

Undertaking a risk assessment of all their activities.

Information and advice

Providing information and advice in a way that enables businesses to clearly understand what is required by law.

Inspections

Only carrying out inspections following a risk assessment, so resources are focused on those least likely to comply.

Data requirements

Working with other regulators to share data and minimise demand on businesses.

Compliance and enforcement actions

How formal enforcement actions, including sanctions and penalties, should be applied following the Macrory principles on penalties.

Accountability

Increasing the transparency of regulatory organisations by asking them to report on outcomes, costs and perceptions of their enforcement approach.

By ensuring that regulators review their policies, the Government expects the Code to help deliver a risk-based approach to regulators' work. High-performing, compliant businesses will bear less of a burden, with regulators focusing their efforts on higher-risk businesses.

Download the Regulator's Statutory Code of Practice for Regulators (PDF 106KB) from the Department for Business Enterprise & Regulatory Reform (BERR) website.