NFRS 2023 118 - Joint Audit Inspection Team report
You asked for
I am requesting a copy of the inspection report conducted by the Joint Audit Inspection Team (JAIT) which consists of Environmental Health Officers for the Local Authority and Fire Safety Officers from NFRS at the Litmus Building, Nottingham.
Please may I also request the schedule of works issued by the EHO and NFRS to Residential Management Group (RMG) to address fire safety concerns or any other ongoing fire safety issues that are yet to be addressed at the Litmus Building?
The inspection date has not been provided to me; however, the inspection was confirmed by Helen Chadburn, Environmental Health Officers, at Nottingham City Council on 25 January and 1 February 2024.
Our Response
Answer: - The information requested is deemed exempt by virtue section 30 of the Freedom of Information Act 2000.
Section 30 – Investigations and proceedings conducted by public authorities.
Section 30 is classified as qualified and class-based exemption. This means Nottinghamshire Fire and Rescue Service are required to consider a public interest test but are not required to evidence the harm in disclosure of the requested information.
s30 Investigations and proceedings conducted by public authorities.
- Information held by a public authority is exempt information if it has at any time beenheld by the authority for the purposes of—
- any investigation which the public authority has a duty to conduct with a viewto it being ascertained—
- whether a person should be charged with an offence, or
- whether a person charged with an offence is guilty of it,
- any investigation which is conducted by the authority and in the circumstancesmay lead to a decision by the authority to institute criminal proceedings whichthe authority has power to conduct, or
- any criminal proceedings which the authority has power to conduct.
- any investigation which the public authority has a duty to conduct with a viewto it being ascertained—
Public Interest Test
Section 30 in favour of disclosure:
The safety of the public is of paramount importance and it is expected that buildings conform to the legal requirements set out under the relevant legislation. It is also expected that Nottinghamshire Fire and Rescue Service takes is duties seriously and robustly enforces the requirements laid down in the Regulatory Reform (Fire Safety) Order 2005 to make buildings safe for habitation or use. The release of the information would assure the public that certain buildings duly adhere to these requirements and the public are appropriately informed, promoting transparency and accountability as a result.
Section 30 in favour of non-disclosure:
Nottinghamshire Fire and Rescue Service has a duty under the Regulatory Reform (Fire Safety) Order 2005 to enforce the provisions of the Regulatory Reform Order 2005 and any regulations made under it in relation to premises for which it is the enforcing authority. It is an offence under Part 4 (Offences and Appeals) of the Regulatory Reform Order 2005 for any responsible person to fail to comply with any requirements imposed by the Regulatory Reform Order 2005.
Section 30(1) provides an exemption from the duty to disclose information that a public authority, in this case Nottinghamshire Fire and Rescue Service has held at any time for certain investigations or proceedings.
Inspections fall under Part 3 (Enforcement) of the Regulatory Reform Order 2005 and constitute material held as part on an investigation which Nottinghamshire Fire and Rescue has a duty to conduct with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it.
Any further investigation or legal proceedings regarding this matter would be prejudiced by disclosing such information to the world at large. The right to a fair and open appeal process would be undermined if disclosure took place at this time. Further, if the information were to be disclosed Nottinghamshire Fire and Rescue Service’s capabilities and powers to enforce being compromised. This may also lead to future investigations, disciplinaries and hearings failing, if the integrity of the process is questioned.
Balance Test
The release of the information would assure the public that certain buildings duly adhere to these requirements and the public are appropriately informed, promoting transparency and accountability as a result.
Nottinghamshire Fire and Rescue Service has a duty under the Regulatory Reform (Fire Safety) Order 2005 to enforce the provisions of the Regulatory Reform Order 2005 and any regulations made under it in relation to premises for which it is the enforcing authority. It is an offence under Part 4 (Offences and Appeals) of the Regulatory Reform Order 2005 for any responsible person to fail to comply with any requirements imposed by the Regulatory Reform Order 2005.
However, any material that can be used in investigation or legal proceedings regarding this matter would be prejudiced by disclosing such information to the world at large. The right to a fair and open appeal process would be undermined if disclosure took place at this time. Further, if the information were to be disclosed Nottinghamshire Fire and Rescue Service’s capabilities and powers to enforce being compromised. This may also lead to future investigations, disciplinaries and hearings failing, if the integrity of the process is questioned.
Section 30(1) provides an exemption from the duty to disclose information that a public authority, in this case Nottinghamshire Fire and Rescue Service has held at any time for certain investigations or proceedings.
As long as the other requirements of the exemption are satisfied, the exemption will apply to information even if it was not originally obtained or generated for one of those purposes and it will continue to protect information even if it is no longer being used for the specified investigation or proceeding. It is only necessary for the information to have been held at some point for those purposes.
It is not necessary that the investigation leads to someone being charged with or being convicted of an offence. However, the purpose of the investigation must be to establish whether there were grounds for charging someone, or if they have been charged, to gather sufficient evidence for a court to determine their guilt. Section 30(1)(a) will still protect information if an investigation fails to establish that an offence has been committed or concludes that there is insufficient evidence to charge anyone.
Nottinghamshire Fire and Rescue Service recognises that there is a very strong public interest in protecting their investigative capabilities. Nottinghamshire Fire and Rescue Service has considered appropriate weight must therefore be afforded to the public interest inherent in the exemption – in this case, the public interest in being able to carry out investigations effectively without prejudice. Being able to carry out effective investigations outweighs the public interest in transparency and in meeting the requirements of section 1(1)(a) of FOIA, in this case.