Emergency Services ©James Morrison 2009

Emergency Services

Police

Background

Until the early 19^th century, there was no such thing as a country-wide police force. Instead, local law and order fell to town magistrates to maintain. Before then, ad hoc arrangements had existed – in London, the Fielding brothers had set up a group of law enforcers known as “The Bow Street Runners” and shortly afterwards an embryonic Thames Police was formed.

It was not until Sir Robert Peel was several years into his tenure as Home Secretary, in 1829, however, that the first true police force was set up, in the guise of the Metropolitan Police at Scotland Yard – dubbed the “Peelers” and “Bobbies” after their founder. As with all aspects of early local government, this was funded by the levying of a local tax, known as “The Police Rate”, which citizens were obliged to pay in addition to the Poor Rate used, as its name suggested, to help the poor.

London’s police force was followed by similar innovations in the emerging borough council areas, and the introduction of a new breed of county magistrates. 

The Modern Police Force

Other than in London – where overall responsibility for the Metropolitan Police has recently been handed over to a new London Police Authority, under the auspices of the Greater London Authority (GLA) – UK police forces all come under the overarching control of the Home Secretary (or the Scottish Executive in the case of Scotland). The chain of command, until 1995, was established by The Police Act 1964, and was as follows:

• Home Secretary/Scottish Executive - overall authority

• Police Committee – a body funded by and answerable to the local county council composed of two-thirds councillors and one-third magistrates to which local chief constables were obliged to report

• Chief Constables – given “freedom of action in operational matters”, independent of local police authority

There were some exceptions to this, however. Devon and Cornwall Police and Thames Valley Police were combined forces covering very large geographical areas and, as such, were answerable to combined police authorities, whose composition was similar to that of police committees.

            Modifications to the prevailing system, in the form of new county police authorities, were introduced in the newly abolished metropolitan counties – Greater Manchester, Merseyside, South Yorkshire, the West Midlands and West Yorkshire – under the Local Government Act 1985.

The New System

Since the Police and Magistrates’ Courts Act 1994 and its successor, The Police Act 1996, changes have been introduced to the police authority system that have reduced the involvement of local authority members. Its main stipulation was that the pre-existing two-thirds councillors/one-third magistrates composition was replaced by a new independent police authority set-up, usually involving the following balance of members:

• Nine councillors – from relevant councils covered by Police Authority area, including county and metropolitan borough councils and unitary authorities. Where there is more than one relevant authority, appointments are made by a special joint selection committee on which each one is represented

• Three magistrates – appointed by a selection committee of the local Magistrates Courts Committee

• Five independent co-opted members – co-opted by the councillor/magistrate members in line with a complex selection process, involving a short-list approved by the Home Secretary

Role of the Police Authority

Police authorities raise their revenue by levying precepts on the local collection authorities, which is then included – and normally made explicit – in local council tax bills. Their main responsibilities are to:

• Maintain an effective and efficient police force for their areas – the Home Secretary and/or Home Office Inspectorate have powers to “act in default” where police authorities are thought to have failed

• To publish an Annual Policing/Best Value Performance Plan, in consultation with the Chief Constable

• To publish its own local Policing Objectives consistent with the “National Objectives” and “Ministerial Priorities” laid down by the Home Secretary

• To appoint Assistant Chief Constables, one of whom will be designated by the Chief Constable to act as his or her deputy

• To appoint its own clerk, treasurer and monitoring officer

• To hold open public meetings along the lines of those held by local authorities, where questions should be answered on Police Authority activities asked by councillors

• To oversee the management of their land and buildings by the Chief Constable

Role of the Chief Constable

Chief Constables have always had their own statutory responsibilities separate to those of their Police Authority. They now include:

• Adhering to the Policing Plan approved by the Police Authority

• Appointing all officers below the rank of Assistant Chief Constable

• Taking responsibility for misconduct by their officers – they can be individually sued for this

• Producing an annual report covering the following:

(a)   Crime and vehicle accident statistics

(b)   Comments on growing problems such as violence and drink driving

(c)   Outline of how his or her force is deployed

(d)   Details of any major incidents

• Producing special reports, on request, on specific policing matters – he or she can refuse to publish this if “not in public interest”

Role of Home Secretary in Relation to Police

The Home Secretary – or, in Scotland, the Minister for Justice – is responsible for:

• Overall supervision of all forces in England and Wales

• Procedures covering promotion and discipline

• Removal of Chief Constables, normally by calling for their “retirement” (this happened in the case of former Sussex Chief Constable Paul Whitehouse, following the damning inquiry into the police shooting of an unarmed man in his bed in Hastings)

• To exercise powers aimed at improving police efficiency, using HM Inspectors of Constabulary to ensure this is achieved

The new-style Police Authorities are now statutory authorities – like councils – in their own rights. Each has its own formula spending share (formerly standard spending assessment) – determined by the Home Secretary - which stipulates what it is permitted to spend in a given financial year. However, in contrast to local authorities, large proportions of their budgets are provided through specific, rather than general, government grants.

Police Complaints

The current police complaints procedure, as outlined by the Police Act 1996, is as follows:

• Complaint made to the Chief Constable
• Chief Constable preserves all evidence relating to the conduct complained about
• Chief decides whether complaint is one he or she can have investigated – or whether it should be passed to the Police Authority or the Police Complaints Authority (if complaint refers to a senior officer, it should be referred to the former, while complaints that allege conduct causing death or serious injury should be passed to the latter)
• If Chief Constable is the appropriate official to decide a complaint, and it can’t be resolved informally with the complainant’s agreement, the Chief appoints an officer from his or another force to investigate it and produce a report (he reserves the right to refer it at any time to the PCA though)
• If the complaint is one which should be referred to the Police Authority, then it will appoint an officer from any force (not lower than the rank of the one complained of). The matter can be referred at any time up to the PCA
• Where complaints are referred to the PCA, it is in a position to object to the appointment of any officer already chosen to investigate the complaint – and require the appointment of someone else
• The PCA can impose strict conditions on the way a complaint is investigated – but, where it approves of the handling of the matter by the chosen officer, it publishes an “appropriate statement” confirming its satisfaction and commenting on any criminal or disciplinary aspects of the case
• At the conclusion of any police investigation, the Crown Prosecution Service may become involved if it has produced evidence of any criminal activity by officers
• The taking of actual disciplinary action is a matter for the Police Authority in relation to senior officers, or the Chief Constable in relation to all other officers. The authority has to follow a formal disciplinary procedure and can impose disciplinary sanctions on the senior officer (including the Chief Constable)
• If Chief Constables indicate they are unwilling to take action where the PCA has become involved, the PCA can direct him to do so
• Police officers may still face disciplinary charges even if criminal charges have not been brought at all – or have failed in court
• Disciplinary charges are heard by the Chief Constable and punishment can include a caution, reduction in rank or dismissal
• There is a right of appeal from the Chief Constable’s decision – and this must go to a police disciplinary appeals tribunal
• In the last resort, members of the public left unhappy by the way a complaint has been dealt with may apply to the courts for a private summons to prosecute the police officers concerned

In recent years, there has been some controversy over the extremely stringent standard of proof that is required before disciplinary charges may be brought. This is illustrated by the stark contrast between the wording of the civil standard of proof – the normal standard applied in most employment-related situations – and the police standard. The former is worded thus: “Is it more likely than not, on the balance of probabilities, that the police officer committed the disciplinary offence?”

            The latter reads: “Did the police officer commit the disciplinary offence, beyond all reasonable doubt?”

Fire and Rescue

Background

The history of the Fire Service – Fire Brigades as they once were – is as follows:

• Before 1938 – Volunteer fire brigades set up on ad hoc basis by local parish and town councils, and fire insurance companies (the latter only fought fires in houses belonging to their policy-holders, however – indicated by a “fire mark” plaque fixed to the exteriors of their homes)

• 1938 – The Fire Brigades Act makes it compulsory for county borough councils, non-county borough councils and urban district councils to provide a fire brigade

• 1939 – 45 – All fire brigades combined for the duration of the Second World War as part of a National Fire Service

• 1947 – The Fire Services Act returns all fire brigades to local authority control, this time under the auspices of county councils, which were designated Fire Authorities

• 1963 – London Government Act updates the above by creating the GLC in London

• 1972 -  Metropolitan county councils designated as fire authorities in the relevant areas by the Local Government Act

• 1985 – Local Government Act, which abolishes the GLC and the metropolitan counties, creates seven new Fire and Civil Defence Authorities. In the six metropolitan areas, these were made up of councillors nominated by each new metropolitan borough council, and numbers were based on the size of each authority and the political balance of the councils. In London, one councillor was nominated from each of the 32 boroughs, plus one from the City of London

• 1992 – Introduction of first new unitary authorities saw the establishment of new Combined Fire Authorities in the relevant areas to preserve an existing county-wide service in counties where the two-tier status quo was not maintained (these can cover two or more counties, by agreement or direction of the Secretary of State)

• 2000 – Formation of the Greater London Authority has seen the pre-existing fire and civil defence authority replaced by a new London Fire and Emergency Planning Authority

The important distinction between fire services which fall under county councils and combined fire authorities or fire and civil defence authorities is that the former are supervised by committees of the county council and have their budgets managed by them, while the latter two determine their own budgets in the manner of police authorities.

Role of the Secretary of State and Fire Authorities

Until the June 2001 election, ultimate responsibility for the fire service rested with the Home Secretary. However, this authority is now vested in the Secretary of State for Transport, Local Government and the Regions.

            It is the Secretary of State’s role to check, each year, the establishment schemes in place in each fire service area: i.e. the level and precise nature of the provision it makes available to local people. In drawing up these annual schemes, fire services in England and Wales must:

• Equip and train a fire fighting force
• Make arrangements for dealing with calls for help
• Gather information about “risk” buildings in their areas
• Give advice on fire protection
• Make sure any local water companies maintain an adequate supply of water at a pressure suitable for fire fighting
• Draw up reinforcement schemes with neighbouring fire services to help them deal with major fires

Fire services are also often called on to deal with other emergencies besides actual fires. These so-called special services are divided into two broad categories: humanitarian (e.g. serious road accidents) and non-humanitarian (i.e. less urgent calls, such as a request to pump out a flooded basement).

            Under the Fire Precautions Act 1971, various types of premises are now barred from operating without an official fire service seal of approval in the form of a Fire Certificate. These are issued, after an inspection, by the fire authorities. The types of premises affected include:

• Offices
• Sports grounds
• Hotels
• Theatres

Other Acts passed to increase fire safety include the following:

• 1936 – The Public Health Act stipulated that fire escapes must be provided in buildings like hotels and theatres
• 1987 – The Fire Safety and Safety of Places of Sport Act introduced tough new standards in the aftermath of the 1985 Bradford City Football Club tragedy (one of whose immediate after-effects was a wholesale reduction in attendance limits at football grounds around the UK)

Ambulance Services

Local authorities were long responsible for ambulance services, under the auspices of their own Medical Officer of Health. However, this all changed after the 1974 reforms, when this responsibility was transferred to district health authorities and ambulance services became part of the National Health Service. They are now managed by NHS trusts.

Emergency Planning and Civil Defence

The history of local government’s involvement with civil defence procedures is as follows:

• Civil Defence Act 1948 - The Home Secretary was empowered to direct local authorities to take appropriate measures to ensure the civil defence requirements for their populations were met
• Civil Defence (Planning) Regulations 1974 – County councils given powers to “make plans to deal with hostile attacks”, in consultation with the shire borough/district councils. Counties each have their own emergency planning officers
• 1990s – Home Office has integrated peacetime disaster (e.g. floods, etc) and war planning. Emergency planning has also become an integral part of local authority work
• 2001 (June) – Responsibility for civil defence shifted from Home Secretary to a new Cabinet Office Coordination Unit

Regional Resilience Boards

Sometimes referred to as regional control and resilience boards, these are joint bodies drawing together representatives from local police forces, fire service authorities and council civil defence departments to oversee overall emergency planning for a given region of the country (re flooding, etc).

© James Morrison 2007