- Amendments 7 and 14, tabled by Lord Greenhalgh, which provides that where the Secretary of State issues risk based guidance under the existing duty to ensure the availability of appropriate guidance, proof of compliance or a lack of compliance with that guidance can be used in legal proceedings. It also requires the Secretary of State to consult before revising or withdrawing risk-based guidance.
LGA view
We support this amendment. It reflects our concern that there are too few fire risk assessors who are both competent and insured to review the fire risk assessments of buildings with external wall cladding systems, as will be required when the Fire Safety Bill becomes law.
One consequence of this could be that responsible persons find themselves required to review their fire risk assessments by law but are unable to do so, due to a lack of assessors. Another possible consequence is that competition for the services of the small number of assessors drives up the cost of assessment, with negative implications for council finances. This competition could also leave higher risk premises at the back of a long queue for updated fire risk assessments, while lower-risk properties with wealthier owners are assessed first.
The LGA wants to ensure two outcomes. First, to protect responsible persons in law, where they are genuinely unable to review their fire risk assessments. Second, to – as far as is possible – ensure that higher risk premises are assessed before lower risk premises.
In relation to the second objective, the task and finish group set up by the Government is devising a risk prioritisation tool, to be contained in the approved code of practice. This would enable judgements to be made based on the various factors that determine the risk a building poses, such as height, number of staircases, vulnerability of residents and provision of sprinklers. The LGA has not been involved in devising this tool as it does not have the expertise to do so. Instead, the work has been carried out by a group including the National Fire Chiefs Council and Fire Sector Federation experts. The tool will enable buildings to be placed into one of a number of risk-prioritised categories.
We have accepted the Government’s approach because we recognise the need to get these powers on the statute book and not delay. Nevertheless, without a more detailed awareness of the number of buildings likely to be affected or the number of assessors available to do the work, it will be difficult to frame guidance that will guarantee an effective outcome. The Government will need to liaise closely with all stakeholders to see how the Bill and guidance on it work in practice and to adapt the guidance if necessary.