Queens Bench Division ruling on an HSE Improvement Notice

[messy]

Colin

Are you able to say what nature the legal proceedings will be? Is it an enforcement notice appeal or something else?

Whilst I accept you feel aggrieved in this particular case (or perhaps with this particular IO) I find it hard to believe that an educated man as yourself could tar all the IOs from that large Met Brigade with one brush.

Perhaps (as you say) the issue is one of training - indeed the lack of it, in which case perhaps you should target Management for failing to provide adequate training rather than personally attacking any individuals involved.

[colin todd]

No,  PD the action we were poised to take was of a civil nature and related to the wreckless claims of a fire officer, who claimed that a fire risk assessment carried out by ourselves was not actually a fire risk assessment and that, by our failure to provide one to the client under our contract with them to do so, the client had been placed in the situation of breaching the Fire Precautions (Workplace) Regulations ( he meant the Management Regs of course). On this basis a threat of enforcement action was made in writing by the officer if a fire risk assessment was not carried out. The fire authority in question have now (and I quote) ''apologised unreservedly'', decided to withdraw the contravention schedule, which they admit is incorrect and have offered to apologise to the client. Happily, such bullying and arrogant behaviour by fire officers is, in most fire authorities today virtually unknown. Equally, to be objective, the senior management of the fire brigade in question had the courage to admit without delay that the officer was totally wrong, as has the officer himself, which deserves some form of commendation I suppose.

[colin todd]

Messey, The above also answers your questions I believe, and I accept that there are good officers even in the said fire brigade, but it concerns me that the culuture of the particular brigade is to shout at people first and engage their brains later. It is not a culture that has ever been evident to me in most other fire brigades with whom we deal, particularly in this day and age. With regard to training, I advised the officer's ADO that I considered that the ADO was responsible as the I/o's line manager. I readily acknowledge that there is a training issue and have offered the I/O free training, though I am told that there could be difficulties in accepting this genuine offer.