STEEPLE analysis - legal

introduction|social|technological|environmental|economic|political|legal|ethical


Ref No	Risk/Issue	Strategic Level Action
LE1	The Fire and Rescue Services Act 2004 places on a statutory footing ‘other activities’ the Service has taken on over the last 50 years since the previous legislation was put in place. These go beyond firefighting and include rescue from road traffic accidents, responding to serious environmental disasters and the new terrorist threat. The scope for litigation being taken against the Authority has therefore widened.	Direct experience gained from the much publicised case of ‘Capital & Counties v Hampshire County Council, 1990’ serves as a constant reminder of the potential and significant impact of litigation – and the consequences of authorities standing their own insurable risks. In conjunction with its external insurance advisers and brokers, the Authority annually reviews the adequacy of its insurance arrangements and the provision for uninsured risks.
LE2	New legislation – notably with the enactment of the Regulatory Reform Order (RRO) - will change the emphasis of the fire and rescue service’s role in respect of fire safety inspection and enforcement. The Authority needs to ensure that it has taken the necessary action to change its organisational and management arrangements to satisfy the requirements of the RRO. Failure to do so, will mean that our policies, plans and actions aim at ‘Protecting’ Hampshire will fail to deliver measurable results.	In anticipation of the RRO, organisational and managerial structures (and roles) have already been reviewed and implemented. A new fire safety risk database and management information system is being developed and implemented during 2004/5 and 2005/06. Training programmes for fire safety officers are in place to ensure that we are well placed to respond positively to shift of emphasis towards self-inspection/compliance (on the part of building owners/users) and the need to be more proactive in an 'audit-type' role and in the enforcement of offenders.
LE3	The Freedom of Information Act 2000 has significant implications for the way all public authorities manage information – both in hard copy and electronic formats. From January 2005, members of the public have the right to request access to any information held by the Authority on any subject provided it is not restricted on the grounds of security or the Data Protection Act. There are financial penalties as well as public embarrassment for non-compliance.	The Authority has made good progress in preparing to meet the requirements of the Act and had it Publication Scheme in place well before the relevant deadline. A policy commitment to comply with the requirements of the Act has been approved by the Authority. Work is continuing to improve general housekeeping in information management and to improve systems of electronic document storage and retrieval. Retention policies for different categories of information are continually being reviewed. Key personnel in each functional area are being given training to ensure that they fully understand the requirements and implications of the Act.