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Wiltshire Fire & Rescue Service
Protection Department

Risk Monitoring Programme 2009-2010
Risk assessment

Introduction

The Regulators Compliance Code, which under pins the regulatory principle of the Legislative and Regulatory Reform Act 2006, requires that regulators must risk assess their inspection activities. This is to prevent unnecessary burdens on business and ensure that resources are used to provide maximum benefit to the public.

This document outlines the reasons for the Protection Department’s decision to undertake a programmed sample of audits of nursing homes and care homes which are subject to registration under the Care Standards Act 2000.

Background

Wiltshire Fire & Rescue Service (The Service) is the designated enforcing authority for the Regulatory Reform (Fire Safety) Order 2005 (The Order) which the above premises fall within the scope of.

The Service has a policy which places risk assessment at the heart our enforcement activities. This is determined through our Risk Management Strategy that requires us to look at a number of factors in deciding which premises we feel warrant a programme of audits to ensure compliance with The Order.

These are:

• National factors. Is there evidence of risk presented by these premises nationally?
• Local factors. Is there evidence of risk presented through local intelligence, fires or through sampling through our audit activities?
• Incidence of death, injuries or rescues in these premises which indicate a level of compliance with the Order that gives The Service cause for concern.

Risk Evidence

In accordance with our policy we have noted the following indicators of risk.

• National Factors

In 2007/2008, a total of 7175 fire safety audits of premises providing social care were undertaken nationally. Of these more than 40% required enforcement action to address short falls in the standard of fire precautions¹.

In 2006 premises providing social care recorded the third highest incidence of casualties due to fire at 98 persons per 1000 fires².

There has also been national concern over the incidence of fatal fires in care homes in recent years. This includes three separate incidents in 2004, the worst of which being the Rose Park Care Home in Strathclyde where 14 residents died.

These incidents demonstrate the vulnerability of people in residential care to fire situations.

• Local Factors.

Since The Order came into force in October 2006, The Service has concentrated its efforts on improving compliance in a range of premises that provide accommodation to paying guests. During this time The Service has applied a “light touch” with regard to premises providing social care, but now feel that the time is right to take a more detailed look at the level of compliance with The Order achieved by such premises in the Wiltshire & Swindon area.

Within this period, The Service has audited 72 premises providing care subject to the Care Standards Act 2000. Of these, only 29 were found to be compliant. This equates to 40% of premises which is significantly below the national average. The majority of these audits were conducted as a result of “expressions of concern” from other agencies or the public relating to specific premises, or as a result of a high number of reported false alarms.

In the period 2004-2008 there were 63 fires in premises providing social care in Swindon and Wiltshire. This is an unusually high percentage of fires when measured against other premises groups. As a result of these fires there were 4 non-fatal casualties.

Audit Plan for 2009-10

In order to maximise the effectiveness of our enforcement activities in respect of these premises the following outline plan will be followed.

• Consultation with the Commission for Social Care Inspection.
• Consultation with industry representatives from within the Wiltshire and Swindon area.
• Instigate a mail shot to providers of social care in the Wiltshire and Swindon area with the purpose of introducing them to The Order and our audit plans.
• Consider holding a seminar for providers of social care to spot light their responsibilities in achieving compliance with The Order.
• Commence a comprehensive auditing programme to include known high risk premises and additional sampling of premises from other risk groups.
• Review of the outcomes for publication in financial year 2010-11.

Criteria for Auditing

Premises will be audited according to their current risk rating with higher risk premises being given priority. Premises from lower risk groups will be sampled although the size of this sample may be increased depending on the resultant compliance level returned. Premises audited since 1st October 2006 will not be re-audited unless there is a requirement to do so through our managed re-inspection programme.

1. Operational Statistics Bulletin for England 2007/08. Department of Communities
2. Summary of fire statistics 2006. Department of Communities