request for information about the *the Independent person*

Roedd y cais yn llwyddiannus.

Dear West Yorkshire Fire and Rescue Service,

Please provide the following information regarding the, Fire Authority’s Monitoring Officer, the *Chief legal and governance officer* for WYFRS, Mr Barnes and the present *Independent Person* Mr Michael Wilkinson.
Please confirm;
1. How many times the Independent Person has been consulted by anyone employed by the WYFRS since the creation of the role 30 June 2012.
2. The dates and a brief outline of the subject matter of and consultations.
3. How many times has the Chief legal and governance officer or Fire Authority’s Monitoring Officer, used the process of sifting out to ensure that the matter does not fall within the Code of Conduct?
4. Who is the Fire Authority’s Monitoring Officer?
5. The policy and procedure for complaints about a WYFRS senior officers conduct. Including ranks or roles of any investigating officers
6. The policy and procedure for the appeals process in the event of an unsuccessful initial complaint. Including ranks or roles of any investigating officers.
7. If there are any more channels open to escalate the matter further if the appeal fails.

Yours faithfully,

MARK HAMILTON

Information, West Yorkshire Fire and Rescue Service

Thank you for contacting West Yorkshire Fire and Rescue Service.

Your enquiry will be reviewed by the relevant department during office
hours (Monday to Friday 09:00 – 17:00 hours).

If you have a fire or other rescue emergency, always dial 999 immediately.

Information relating to ‘frequently asked questions’ can be found on our
website under FAQs.

 

This message has been scanned for malware by Forcepoint. [1]www.forcepoint.com

References

Visible links
1. http://www.forcepoint.com/

Information, West Yorkshire Fire and Rescue Service

Our ref: IM20200601-01

16 June 2020

Dear Mr Hamilton

Freedom of Information Act 2000

Thank you for your request for information dated 30 May 2020, which was received by the West Yorkshire Fire and Rescue Service on 1 June 2020.

Your request is as follows:

Please provide the following information regarding the, Fire Authority’s Monitoring Officer, the *Chief legal and governance officer* for WYFRS, Mr Barnes and the present *Independent Person* Mr Michael Wilkinson.
Please confirm;
1. How many times the Independent Person has been consulted by anyone employed by the WYFRS since the creation of the role 30 June 2012.
2. The dates and a brief outline of the subject matter of and consultations.
3. How many times has the Chief legal and governance officer or Fire Authority’s Monitoring Officer, used the process of sifting out to ensure that the matter does not fall within the Code of Conduct?
4. Who is the Fire Authority’s Monitoring Officer?
5. The policy and procedure for complaints about a WYFRS senior officers conduct. Including ranks or roles of any investigating officers 6. The policy and procedure for the appeals process in the event of an unsuccessful initial complaint. Including ranks or roles of any investigating officers.
7. If there are any more channels open to escalate the matter further if the appeal fails.

West Yorkshire Fire & Rescue Service response:

West Yorkshire Fire & Rescue Service have now completed its search for the information you requested and can now confirm as follows:-

1. None
2. None
(Footnote – The role of the statutory Independent Person Mr Wilkinson is confined by law to consultation with him within the Authority on Standards matters involving Members of the Authority before decisions are reached – he has no role in relation to matters or complaints involving Officers nor do members of the public have a right to make complaints to him or engage in communication with him)
3. Due to Coronavirus impact records access limitations at the present time it is not possible to give a definitive answer. It is believed that there has only been one complaint against a Member which did not fall within the statutory criteria and was therefore not referred for investigation as there was no point in doing so. The complainant was advised accordingly.
4. The Monitoring Officer is the Chief Legal and Governance Officer.
5. The procedure is set out in the Constitution and involves reference to an external independent investigator and if appropriate final determination by the Executive Committee which applies standard employment law hearing procedures and natural justice. There have not been any such references so the rank/role query cannot be answered. An external investigator does not have to be a Fire Service Officer and may for example be a solicitor or other suitably qualified person.
6 There is no appeal procedure for complainants dissatisfied with decisions by the Executive Committee nor is there one in any other field of employment.
7 None in relation to complaints about officers involving the application of the misconduct discipline procedure – personnel matters are excluded from the jurisdiction of the Local Government Commissioner.

Your right to seek a Review

If you are dissatisfied in any way with the handling of your request, you have the right to request a review. You should do this as soon as possible or in any case within two months of the date of issue of this email. In the event that you require a review to be undertaken, you can do so by writing to the Information Management Officer, Corporate Services at:

West Yorkshire Fire and Rescue Service
Oakroyd Hall
Birkenshaw
West Yorkshire
BD11 2DY
Telephone: 01274 473787
E-mail: [West Yorkshire Fire and Rescue Service request email]

If you are not satisfied with the assistance that you get from the West Yorkshire Fire and Rescue Service or if we have not been able to resolve your complaint and feel that a formal complaint needs to be made then this should be addressed to the office of the Information Commissioner. This is the organisation that ensures compliance with the Freedom of Information Act 2000 and that deals with formal complaints. They can be contacted at:

Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545745
Web: www.ico.org.uk

If you require further advice about the information we have sent or wish to discuss any aspect of your request, please do not hesitate to contact us on 01274 473787, quoting the reference number provided above.

Yours sincerely,

Aleemah Mohmin
Information Governance Administrator
Corporate Services

Most of the information that we provide in response to Freedom of Information Act 2000 or Environmental Information Regulations 2004 requests will be subject to copyright protection. In most cases the copyright will be owned by West Yorkshire Fire and Rescue Service. The copyright in other information may be owned by another person or organisation, as indicated on the information itself.

You are free to use any information supplied for your own non-commercial research or private study purposes. The information may also be used for any other purpose allowed by a limitation or exception in copyright law, such as news reporting. However, any other type of re-use, for example by publishing the information in analogue or digital form, including on the internet, will require the permission of the copyright owner.

For information where the copyright is owned by the West Yorkshire Fire and Rescue Service details of the conditions on re-use is under the terms of the Open Government Licence.

For information where the copyright is owned by another person or organisation you must apply to the copyright owner to obtain their permission.

dangos adrannau a ddyfynnir