MEMORANDUM OF UNDERSTANDING

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OFFICIAL

Between

Social Care and Social Work Improvement Scotland

“The Care Inspectorate”

and

Scottish Fire and Rescue Service

“SFRS”

December 2022

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OFFICIAL

MEMORANDUM OF UNDERSTANDING

Between

SOCIAL CARE AND SOCIAL WORK IMPROVEMENT SCOTLAND (known as the Care

Inspectorate), constituted in terms of the Public Services Reform (Scotland) Act 2010

(hereinafter referred to as “the 2010 Act”) and having its principal office at Compass

House, 11 Riverside Drive, Dundee, DD1 4NY

(Hereinafter referred to as “the Care Inspectorate”)

and

Scottish Fire and Rescue Service, a body corporate established by the Fire (Scotland) Act

2005, as amended by the Police and Fire Reform (Scotland) Act 2012 and having its

Headquarters at Westburn Drive, Cambuslang, G72 7NA

(Hereinafter referred to as “SFRS”)

PURPOSE

To outline the partnership working arrangements between the Care Inspectorate and the

SFRS. In particular, management arrangements, communication and how information will

be shared in support of their respective regulatory responsibilities.

SCOPE

The Care Inspectorate and SFRS, each have statutory duties imposed upon them and

powers available to them.

In particular, the Care Inspectorate by virtue of Section 44(1)(b) of the 2010 Act has the

general duty of furthering improvement in the quality of social care and social work

services in Scotland but is not a fire safety expert organisation. SFRS by virtue of Section

61 of the Fire (Scotland) Act 2005 (hereinafter referred to as “the 2005 Act”) has a duty to

enforce the Chapter 1 Fire Safety Duties narrated in the 2005 Act and the Fire Safety

(Scotland) Regulations 2006 throughout Scotland.

This MOU applies to premises providing a care service and is to support dutyholders in

their obligations to ensure the safety of persons in care premises in event of fire and to

challenge any dutyholders who are not fulfilling their obligations.

Other care premises, including non-residential care premises which are regulated in

respect of care quality and provision by the Care Inspectorate and fall within the scope of

the 2005 Act, will be monitored to ensure effective arrangements are provided and may

receive further consideration in any review necessary of the MOU to achieve best practice

collaboration between SFRS and the Care Inspectorate.

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The Fire and Rescue Framework for Scotland 2022 states that SFRS enforces fire safety

legislation in the majority of the non-domestic sector, including carrying out fire safety

audits of premises, providing advice and carrying out enforcement action when necessary.

The Framework also states that fire safety enforcement activities should be informed by

risk and thus targeted at those premises where the risk to life is greatest. This MoU will

also apply on direct request by either the Care Inspectorate or SFRS where safety

concerns have been identified in relation to a care service.

Regard shall also be had to the relevant specific Scottish Government publication entitled

“Practical Fire Safety Guidance for Care Homes” and “Practical Fire Safety Guidance for

existing Specialised Housing and similar premises” as amended from time to time and the

Regulatory Reform (Scotland) Act 2014.

In the event of any conflict arising between the provisions of Circulars, Guidance and the

Legislation, then the Legislation shall take precedence.

The Care Inspectorate has no locus or expertise in respect of fire safety and regulation.

Neither the Care Inspectorate nor SFRS has any expertise in respect of electrical

installations and their certification all of which it has been agreed shall be referred to the

Health and Safety Executive (HSE) for their attention as appropriate. SFRS, as part of its

fire safety audit in residential care services, will review measures to reduce the risk of fire.

This includes checks of records of the testing of electrical installations and other electrical

appliances. Where any issues are identified, these shall be referred to the HSE.

Responsibility for the design of such systems and their maintenance nevertheless lies with

the dutyholder in respect of the premises.

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DEFINITIONS

Care Service - Those premises listed under section 78(5)(b) – (h) of the Fire (Scotland)

Act 2005 and in accordance with Schedule 12 of the Public Services Reform (Scotland)

Act 2010. This includes an overnight residential care service, which is, or may be,

regulated by the Care Inspectorate under the 2010 Act such as care homes, secure

accommodation for young people and school care accommodation where overnight

accommodation is provided. The 2005 Act does not cover fire safety enforcement of single

private dwellings.

The 2010 Act - The Public Services Reform (Scotland) Act 2010

The 2005 Act - Fire (Scotland) Act 2005

Review - An assessment of the proposed Fire Safety arrangements prior to the Service

becoming operational. A review is always followed up by a full Fire Safety Audit when the

premises becomes occupied.

Fire Risk Assessment - A suitable and sufficient assessment of fire hazards and risks to

the safety of persons in respect of harm caused by fire within the premises which is carried

out by a suitably competent and experienced person in accordance with the legislation.

Dutyholder - Any person or organisation with compliance obligations by virtue of Chapter

1 of Part 3 of the 2005 Act.

Fire Safety Audit - A formal audit of the fire safety arrangements of the premises to

determine compliance under Section 53 and/or 54 of the 2005 Act conducted by a

specialist officer from SFRS’s Prevention and Protection Department.

Familiarisation Visit - An intelligence gathering visit by operational firefighters to assist in

the formulation of emergency operational plans in accordance with Section 9(2)(d) of the

2005 Act.

Competent Person - A person with sufficient skills, knowledge and experience to carry

out the fire risk assessment. Care Inspectorate registration packs for proposed new

services will include the contact details for organisations which have composed lists of

approved or certificated competent persons for consideration which details will be provided

by SFRS.

Liaison Officer - Those individual staff members for each party who are identified and

described in Appendix 1.

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POINTS OF SHARED UNDERSTANDING

The Care Inspectorate and SFRS agree that they shall collaborate in the exercise of their

respective functions on points of shared understanding to ensure so far as is reasonably

practicable the highest fire safety standards in relevant care service premises as follows:-

1. SFRS and Care Inspectorate will each nominate an appropriate designated

individual to be the Liaison Officer in relation to issues arising from this MoU and in

relation to the sharing of information.

2. SFRS and Care Inspectorate will each provide to the other such information as may

be necessary to fulfil their respective duties. Such exchange of information must

take place securely when using telephone, e-mail, post or meetings and will be

carried out in accordance with Appendix 2.

3. The Care Inspectorate and SFRS will use their discretion to determine the best

secure method of sharing the information as documented in Point 2 above and shall

seek advice, training and guidance when necessary from their respective Data

Protection/Freedom of Information Officers prior to the sharing of the information to

ensure compliance with current UK data protection law, including the relevant

provisions of the EU General Data Protection Regulations, Data Protection Act

2018 as well as the Human Rights Act 1998 and the Freedom of Information

(Scotland) Act 2002.

4. SFRS and the Care Inspectorate will give effect to this MoU in a manner which is

compliant with current UK data protection law, including the EU General Data

Protection Regulations, Data Protection Act 2018 as well as the Human Rights Act

1998 and the Freedom of Information (Scotland) Act 2002. Nothing herein shall be

regarded as authorising or requiring either party to act at any time otherwise than in

accordance with these said Acts.

5. SFRS and the Care Inspectorate will each promulgate appropriate educational

information of mutual interest relating to the other’s functions in the course of any

conferences, public consultations and/or discussions in which they may participate.

The nature and extent of the information to be promulgated in the course of these

activities will be decided by the Liaison Officer nominated under paragraph 1 above,

in consultation with line managers. For the avoidance of doubt and without

prejudice to the generality of this Clause, the Care Inspectorate will specifically

promulgate whenever appropriate contact details for organisations which have

composed lists of approved or certificated competent persons for consideration of

those under a duty to carry out risk assessments. Access to such detail may also be

sought from the SFRS Website.

6. SFRS and the Care Inspectorate will seek opportunities to work jointly and

collaboratively to improve outcomes for people who use social services (as defined

at s46 of the 2010 Act, including (without prejudice to the generality of the

foregoing) seeking opportunities to work together to promote raised public

awareness of possible risks of harm to older people, supporting older people to

remain at home, safely and independently, including through the use of assistive

technology, the provision of advice, information and support to older people who are

no longer to live in their own home and the recognition of the contribution of unpaid

carers and the need to provide them with support to continue in their caring role.

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7. SFRS and the Care Inspectorate will each refer media enquiries which appear to

relate to the functions of the other to their Liaison Officer with a view to ensuring

awareness of the issue and the position being taken in media reports.

8. The Care Inspectorate intends to ensure that it has received from applicants for

registration (or re-registration and/or variation of existing buildings) of a care

service, written confirmation that the applicant has notified SFRS of the proposed

registration of a care service and has conducted an adequate fire risk assessment

of the premises in accordance with sections 53 & 54 of the 2005 Act. This process

will also be followed in circumstances where an applicant has applied for a variation

of conditions of registration of a care service which includes change of usage of

rooms or alterations to buildings. Specific fire safety information and guidance can

be obtained from the Scottish Government website at:

https://www.gov.scot/policies/fire-and-rescue/non-domestic-fire-safety/

9. SFRS will confirm to the Care Inspectorate that notification has been received,

within five working days of its receipt. SFRS will consider whether any action (e.g.

Fire Safety Audit) on their part is appropriate given the category of potential risk

involved and shall advise the Care Inspectorate of any action taken. Where further

action (e.g. a Formal Notice) is required this will be carried out in accordance with

the relevant service procedures.

10. (a) Residential based services - In the event that the notification relates to a

proposed residential based service, SFRS will carry out a ‘review’ of fire safety

measures within 28 days of receipt of that notification and will provide the applicant

and the Care Inspectorate with copies of the recorded results of that review. Where

the notification relates to a new relevant care service then SFRS will aim to

undertake a fire safety audit of the premises within 7 working days of the premises

becoming operational and notify the Care Inspectorate of any findings either via

email or by formal letter.

(b) Non-residential based services - Applicants for registration will confirm to the

Care Inspectorate that they have notified their local Fire and Rescue Service of the

proposed registration and that they have submitted a Fire Safety Checklist. The

Care Inspectorate may email SFRS to ask that they confirm to the Care

Inspectorate that they have received, from the applicant, a Fire Safety Checklist and

that they have no concerns in relation to registration progressing. The Care

Inspectorate will not delay progressing the application unless it has concerns about

fire safety and if this is the case, it will seek a response from SFRS before

progressing the application.

11. The fire risk assessment must be carried out in accordance with Part 3 of the Fire

(Scotland) Act by a competent person who has relevant knowledge, experience and

understanding of the fire risks inherent in the specific type of care premises being

assessed.

12. The Care Inspectorate and SFRS will notify each other through the Liaison Officer

of any serious and relevant concerns which may come to their attention during their

regulatory activities. This applies to any registered care service visited. It is

acknowledged by both parties that their employees will not have the relevant

expertise and may not necessarily recognise specific fire safety/quality of care

issues within care service premises.

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13. If concerns are brought to the attention of SFRS they will ensure that these

concerns are dealt with appropriately as soon as is reasonably practicable and if

they consider it appropriate, take any necessary action. SFRS will inform the Care

Inspectorate of any action taken. Nothing in this clause shall affect or detract from

the powers and duties of SFRS’s Enforcement Officers to enforce the Part 3,

Chapter 1 fire safety duties as set out in the 2005 Act.

14. Where the Care Inspectorate becomes aware that staffing issues in an individual

care service may impede a safe evacuation in the case of an emergency, it will

notify SFRS as soon as possible so the appropriate supports can be put in place.

15. Dutyholders and care staff should be made aware that on the occasions when

operational fire crews may visit a care service that this can be to gather information

about the premises to help formulate emergency plans under section 9(2)(d) of the

2005 Act. These familiarisation visits should not be confused with the formal fire

safety audit of the fire safety measures within the care service. The fire safety audit

is quite different and will be carried out by specialist appointed fire safety officers to

ascertain the adequacy of the fire risk assessment, the fire safety measures and

level of managerial compliance within the building.

16. SFRS will notify the Care Inspectorate of the serving of any Alterations,

Enforcement or Prohibition Notice, notices of deficiencies or areas for improvement

letters issued on any care service which is, or which they believe to be, registered

or required to register, with the Care Inspectorate.

17. Both parties agree that SFRS has the responsibility for referring any offences under

the 2005 Act and the Care Inspectorate has the responsibility for referring any

offences under the 2010 Act, to the Procurator Fiscal.

18. Any dispute between the parties arising out of any matter addressed in this MoU will

be referred in the first instance to the line managers of the Liaison Officers identified

in terms of paragraph 1, for discussion with a view to resolution.

19. Should such discussions fail to resolve the dispute, the matter will be referred to the

Chief Officer of SFRS and the Chief Executive of the Care Inspectorate, who will

endeavour to resolve the dispute.

20. The terms of this MoU shall not be varied or amended unless such variations or

amendments are agreed in writing by the Director of Prevention and Protection for

SFRS and the Chief Executive of the Care Inspectorate.

21. Representatives of SFRS and the Care Inspectorate’s Chief Inspectors (or

nominated substitutes) will meet at least once per year, usually in April, to discuss

and apprise each other of relevant past and prospective developments and areas of

mutual strategic interest.

22. This MoU is intended to set out in general terms, matters agreed with a view to

facilitating collaboration between the Care Inspectorate and SFRS and is not

intended to constitute an agreement enforceable by either party against the other.

23. Either party may withdraw from this MoU at any time upon giving written notice sent

by recorded delivery post to the appropriate Chief Executive or the Director of

Prevention and Protection at their respective Headquarters.