Dear Derbyshire Fire and Rescue Service

Please provide sight of fire safety notices and other warnings, cautions or alerts in respect of properties used by Univesity of Derby students and / or staff for educational, administrative or student accommodation purposes.

Please also provide records of any internal decisions made by Derbyshire Fire & Rescue services related to above, as well as related advice or comment from the University of Derby or third parties.

Yours faithfully

David Gale

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Dear Mr Gale

Thank you for your request for information. Your request was received on 17 August 2020 and is being dealt with under the terms of the Freedom of Information Act 2000.

As an emergency service, our first priority is the public and to maintain our service to them, as such our workforce must be prepared to be as flexible as possible meaning some areas may be diverted away from certain tasks to temporarily work outside normal roles and responsibilities during this extraordinary period.

Please be assured we are doing all we can and aim to provide the information you have requested within 20 working days, or a further update, by Monday 14 September 2020. The Information Commissioner recognises that longer time may be needed when staff have to prioritise other work to keep services running during the Coronavirus situation. Thank you for your patience.

In some circumstances a fee may be payable and if that is the case I will let you know the likely charges before proceeding.

If you have any queries about this email then please contact me.

Yours sincerely

Marie Lloyd-Jones

Sent on behalf of:
Louise Taylor - Solicitor & Information Officer For Derbyshire Fire & Rescue Service, Butterley Hall, Ripley, Derbyshire, DE5 3RS, Tel 01773 305305 Ext 5430 | Email [email address]

This e-mail or thread section has been classified OFFICIAL. This e-mail requires controlled access and may contain business or personal information.

show quoted sections

Dear Marie Lloyd-Jones

There having been no response or update to this request, DFRS is now out of time.

Yours sincerely

David Gale

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Dear Mr Gale

 

I write in response to your request for information. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA)
and our response is below.

 

Your request

1.       Please provide sight of fire safety notices and other warnings,
cautions or alerts in respect of properties used by University of Derby
students and / or staff for educational, administrative or student
accommodation purposes.

2.       Please also provide records of any internal decisions made by
Derbyshire Fire & Rescue services related to above, as well as related
advice or comment from the University of Derby or third parties.

Response

With regard to questions 1 and 2 above a search of our records for the
period 1 April 2019 to date of buildings owned or directly operated by
Derby University in Derby City has shown no records. Other properties used
by Derby University students and / or staff but not owned by Derby
University will be privately owned, either by individual landlords or
letting companies but we do not record who uses these properties. A new
search of our records can be carried out if you can provide a property
name and address.

 

I trust this deals with your request.

 

Under our duty to advise and assist (s16 FOIA):

This information may be of interest:

You can search the National Fire Chiefs Council’s Enforcement Register and
Prosecution Register and download information at [1]LINK

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [2][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [3]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [4]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Marie Lloyd-Jones

 

Sent on behalf of:

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

This e-mail or thread section has been classified OFFICIAL. This e-mail
requires controlled access and may contain business or personal
information.

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[5]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [6]Website, [7]Facebook page, or
[8]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[9][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [10]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. http://www.cfoa.org.uk/11823?pv=search&a...
2. mailto:[email address]
3. http://www.ico.org.uk/
4. http://www.ico.gov.uk/
5. https://www.gov.uk/coronavirus
6. https://www.derbys-fire.gov.uk/coronavir...
7. https://www.facebook.com/DerbyshireFRS
8. https://twitter.com/derbyshirefrs
9. mailto:[email address]
10. http://www.sophos.com/

Dear Ms Lloyd-Jones

With reference to your response of 16.09.20 and the request therein for property names and addresses:

1. I have been in touch with the CFOA which has confirmed that the National Fire Chiefs Council’s Enforcement Register is maintained by the individual fire and rescue services which are in turn responsible for all data submitted to the database.

2. The DFRS response to my FOI request suggests that its own data is not enabled to provide free text searches. That is not a credible position in 2020. Can I suggest that DFRS revisits its response to include the employers of the designated 'responsible persons'?

3. Whilst you may wish to revise your response to my FOI request, I provide, in the meantime, two addresses for your consideration and response per my original FOI request:

3.1 The Copper Building, One Friargate Square, Agard Street, Derby

3.2 Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

4. In relation to 3.1 above, please amend my FOI request to now include all records relating to DFRS's contact with Derbyshire Constabulary in relation to fire safety at this building.

Yours sincerely

David Gale

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Dear Mr Gale

Thank you for your further request for information. Your request is being dealt with under the terms of the Freedom of Information Act 2000. I am making enquiries and aim to provide the information you have requested within 7 working days

If you have any queries about this email then please contact me.

Yours sincerely

M Lloyd-Jones

Sent on behalf of:
Louise Taylor - Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS
Main Tel: 01773 305305 | Direct Tel: 01773 305430

This e-mail or thread section has been classified OFFICIAL. This e-mail requires controlled access and may contain business or personal information.

show quoted sections

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Link: [1]File-List

Dear Mr Gale

 

I write in response to your email of 9 October 2020 in which you submitted
a follow up information request to the Service. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA)
and our response is below.

 

1.      Can I suggest that DFRS revisits its response to include the
employers of the designated 'responsible persons'?

We do not record the name of the employers of the designated 'responsible
persons'. The FOIA does not place a duty upon public authorities to answer
a question unless recorded information exists. The FOIA duty is to only
provide the recorded information held.

 

2.      Two addresses for your consideration and response per my original
FOI request:

(a)   The Copper Building, One Friargate Square, Agard Street, Derby

(b)   Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

 

We are searching hard copy files, electronic records and scanned
documents. Unfortunately we are not yet in a position to respond in full
to this part of your request but we anticipate being able to respond by
Friday 6 November 2020 at the latest.

 

3.      In relation to the Copper Building, please amend my FOI request to
now include all records relating to DFRS's contact with Derbyshire
Constabulary in relation to fire safety at this building.

 

We are searching hard copy files, electronic records and scanned
documents. Unfortunately we are not yet in a position to respond in full
to this part of your request but we anticipate being able to respond by
Friday 6 November 2020 at the latest.

 

We will be in contact again as soon as possible.

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [2][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [3]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [4]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Marie Lloyd-Jones

 

For Louise Taylor - Solicitor & Information Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

This e-mail or thread section has been classified OFFICIAL. This e-mail
requires controlled access and may contain business or personal
information.

 

 

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[5]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [6]Website, [7]Facebook page, or
[8]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[9][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [10]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6A959.F69769F0
2. mailto:[email address]
3. http://www.ico.org.uk/
4. http://www.ico.gov.uk/
5. https://www.gov.uk/coronavirus
6. https://www.derbys-fire.gov.uk/coronavir...
7. https://www.facebook.com/DerbyshireFRS
8. https://twitter.com/derbyshirefrs
9. mailto:[email address]
10. http://www.sophos.com/

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Link: [1]File-List

Dear Mr Gale

 

I write in response to your email of 9 October 2020 in which you submitted
a follow up information request to the Service. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA)
and our response is below.

 

Your original request:

 

1.      Please provide sight of fire safety notices and other warnings,
cautions or alerts in respect of properties used by University of Derby
students and / or staff for educational, administrative or student
accommodation purposes.

2.      Please also provide records of any internal decisions made by
Derbyshire Fire & Rescue services related to above, as well as related
advice or comment from the University of Derby or third parties.

Your follow up request:

 

3.      Can I suggest that DFRS revisits its response to include the
employers of the designated 'responsible persons'?

We do not record the name of the employers of the designated 'responsible
persons'. The FOIA does not place a duty upon public authorities to answer
a question unless recorded information exists. The FOIA duty is to only
provide the recorded information held.

 

4.      Two addresses for your consideration and response per my original
FOI request:

(a)   The Copper Building, One Friargate Square, Agard Street, Derby

(b)   Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

I confirm that Derbyshire Fire & Rescue Service does hold some of the
information you have requested. We are collating documents from hard copy
files, electronic records and scanned documents. Unfortunately we are not
yet in a position to respond in full to this part of your request but we
anticipate being able to respond by Friday 13 November 2020 at the latest.

 

5.      In relation to the Copper Building, please amend my FOI request to
now include all records relating to DFRS's contact with Derbyshire
Constabulary in relation to fire safety at this building.

Derbyshire Fire & Rescue Service does not hold any information on contact
with Derbyshire Constabulary in relation to fire safety at the Copper
Building.

 

We will be in contact again on or before Friday 13 November 2020.

 

Under our duty to advise and assist (s16 FOIA):

This information may be of interest:

 

For the purposes of The Regulatory Reform (Fire Safety) Order 2005
Derbyshire Fire & Rescue Authority is the “enforcing authority” for
Derbyshire County and Derby City.

Derbyshire Fire & Rescue Authority will ensure that any enforcement action
taken is:

·       Proportional to the circumstances

·       Consistent as to the actions and outcome

·       Targeted at more serious risks

·       Transparent to all responsible persons

 

You can search the National Fire Chiefs Council’s Enforcement Register and
Prosecution Register and download information at [2]LINK

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [3][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [4]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [5]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Marie Lloyd-Jones

 

On behalf of:

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 30543

 

 

This e-mail or thread section has been classified OFFICIAL. This e-mail
requires controlled access and may contain business or personal
information.

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[6]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [7]Website, [8]Facebook page, or
[9]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[10][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [11]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6AEC1.DA230E60
2. http://www.cfoa.org.uk/11823?pv=search&a...
3. mailto:[email address]
4. http://www.ico.org.uk/
5. http://www.ico.gov.uk/
6. https://www.gov.uk/coronavirus
7. https://www.derbys-fire.gov.uk/coronavir...
8. https://www.facebook.com/DerbyshireFRS
9. https://twitter.com/derbyshirefrs
10. mailto:[email address]
11. http://www.sophos.com/

Louise Taylor, Derbyshire Fire and Rescue Service

Dear Mr Gale

 

I write with regard to your email of 9 October 2020 in which you submitted
a follow up information request to the Service. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA).

 

Unfortunately we are not yet in a position to respond in full to the
outstanding part of your request (Part 4 below) but we anticipate being
able to respond by Friday 27 November 2020.

 

4.     Two addresses for your consideration and response per my original
FOI request:

(a)   The Copper Building, One Friargate Square, Agard Street, Derby

(b)   Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

I confirm that Derbyshire Fire & Rescue Service does hold some of the
information you have requested. We are collating documents from hard copy
files, electronic records and scanned documents. Unfortunately we are not
yet in a position to respond in full to this part of your request but we
anticipate being able to respond by Friday 27 November 2020.

 

Please note that, whilst Derbyshire Fire and Rescue Service has a
responsibility to provide the requested information, with the current
lockdown for Covid-19 in the UK, we have to apply an extension to this
date. As an emergency service, our first priority is the public and to
maintain our service to them, as such our workforce must be prepared to be
as flexible as possible meaning some areas may be diverted away from
certain tasks to temporarily work outside normal roles and
responsibilities during this extraordinary period. Please be assured we
are doing all we can to process your request and will endeavour to provide
the information, or a further update, by 27 November 2020.

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [1][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [2]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [3]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 30543

 

 

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[4]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [5]Website, [6]Facebook page, or
[7]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[8][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [9]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. http://www.ico.gov.uk/
4. https://www.gov.uk/coronavirus
5. https://www.derbys-fire.gov.uk/coronavir...
6. https://www.facebook.com/DerbyshireFRS
7. https://twitter.com/derbyshirefrs
8. mailto:[email address]
9. http://www.sophos.com/

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Link: [1]File-List

Dear Mr Gale

 

I write with regard to your email of 9 October 2020 in which you submitted
a follow up information request to the Service. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA).

 

Unfortunately we are still not yet in a position to respond in full to the
outstanding part of your request (Part 4 below) but we anticipate being
able to respond by Friday 11 December 2020.

 

4.      Two addresses for your consideration and response per my original
FOI request:

(a)   The Copper Building, One Friargate Square, Agard Street, Derby

(b)   Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

I confirm that Derbyshire Fire & Rescue Service does hold some of the
information you have requested. We are collating documents from hard copy
files, electronic records and scanned documents. Unfortunately we are not
yet in a position to respond in full to this part of your request but we
anticipate being able to respond by Friday 27 November 2020.

 

Please note that, whilst Derbyshire Fire and Rescue Service has a
responsibility to provide the requested information, with the current
lockdown for Covid-19 in the UK, we have to apply an extension to this
date. As an emergency service, our first priority is the public and to
maintain our service to them, as such our workforce must be prepared to be
as flexible as possible meaning some areas may be diverted away from
certain tasks to temporarily work outside normal roles and
responsibilities during this extraordinary period. Please be assured we
are doing all we can to process your request and will endeavour to provide
the information, or a further update, by 11 December 2020.

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [2][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [3]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [4]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Marie Lloyd-Jones

 

Sent on behalf of:

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 30543

 

 

This e-mail or thread section has been classified OFFICIAL. This e-mail
requires controlled access and may contain business or personal
information.

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[5]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [6]Website, [7]Facebook page, or
[8]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[9][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [10]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6C724.DECC0130
2. mailto:[email address]
3. http://www.ico.org.uk/
4. http://www.ico.gov.uk/
5. https://www.gov.uk/coronavirus
6. https://www.derbys-fire.gov.uk/coronavir...
7. https://www.facebook.com/DerbyshireFRS
8. https://twitter.com/derbyshirefrs
9. mailto:[email address]
10. http://www.sophos.com/

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

1 Attachment

Link: [1]File-List

Dear Mr Gale

 

I write with regard to your email of 9 October 2020 in which you submitted
a follow up information request to the Service. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA).

 

Your further request

 

·       Please provide sight of fire safety notices and other warnings,
cautions or alerts in respect of properties used by University of Derby
students and / or staff for educational, administrative or student
accommodation purposes.

·       Please also provide records of any internal decisions made by
Derbyshire Fire & Rescue services related to above, as well as related
advice or comment from the University of Derby or third parties.

Two addresses for your consideration and response per my original FOI
request:

(a)    The Copper Building, One Friargate Square, Agard Street, Derby

(b)   Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

 

Response

A search of records from January 2019 to the present for the documents
you’ve requested relating to The Copper Building and The Croft, shows that
we do not hold such records for The Copper but please find attached in a
zip file copies of the following documents which relate to The Croft:

 

1.      Letter and Enforcement Notice to Host Student Housing Ltd dated 18
December 2019 and letter confirming withdrawal of Enforcement Notice dated
13 February 2020

 

2.      Letter and Enforcement Notice to D W Hicks Building Company Ltd
dated 18 December 2019 and letter confirming withdrawal of Enforcement
Notice dated 13 February 2020

 

3.      Letter and Enforcement Notice to Prosperity Cathedral View
Developments Ltd dated 18 December 2019 and letter confirming withdrawal
of Enforcement Notice dated 13 February 2020

 

4.      Letter and Enforcement Notice to Salus dated 18 December 2019 and
letter confirming withdrawal of Enforcement Notice dated 13 February 2020

 

I trust that this deals with your request.

 

Under our duty to advise and assist (s16 FOIA):

This information may be of interest:

Information on the Service’s current enforcement action can be found under
the name of Derbyshire Fire & Rescue Service as the Issuing Fire & Rescue
Service on the National Fire Chiefs Council’s Enforcement Register and
Prosecution Register and download information at [2]LINK

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data Protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [3][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [4]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [5]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Marie Lloyd-Jones

 

Sent on behalf of:-

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 30543

 

This e-mail or thread section has been classified OFFICIAL. This e-mail
requires controlled access and may contain business or personal
information.

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[6]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [7]Website, [8]Facebook page, or
[9]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[10][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [11]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6CF3D.26F2A840
2. http://www.cfoa.org.uk/11823?pv=search&a...
3. mailto:[email address]
4. http://www.ico.org.uk/
5. http://www.ico.gov.uk/
6. https://www.gov.uk/coronavirus
7. https://www.derbys-fire.gov.uk/coronavir...
8. https://www.facebook.com/DerbyshireFRS
9. https://twitter.com/derbyshirefrs
10. mailto:[email address]
11. http://www.sophos.com/

Louise Taylor, Derbyshire Fire and Rescue Service

1 Attachment

Dear Mr Gale

 

I write with regard to your email of 9 October 2020 in which you submitted
a follow up information request to the Service. Your request has been
dealt with in accordance with the Freedom of Information Act 2000 (FOIA).

 

Your further request

 

·       Please provide sight of fire safety notices and other warnings,
cautions or alerts in respect of properties used by University of Derby
students and / or staff for educational, administrative or student
accommodation purposes.

·       Please also provide records of any internal decisions made by
Derbyshire Fire & Rescue services related to above, as well as related
advice or comment from the University of Derby or third parties.

Two addresses for your consideration and response per my original FOI
request:

(a)   The Copper Building, One Friargate Square, Agard Street, Derby

(b)   Homes for Students, The Croft, Cathedral Road, Derby, DE1 3FQ

 

Response

A search of records from January 2019 to the present for the documents
you’ve requested relating to The Copper Building and The Croft, shows that
we do not hold such records for The Copper but please find attached in a
zip file copies of the following documents which relate to The Croft:

 

1.     Letter and Enforcement Notice to Host Student Housing Ltd dated 18
December 2019 and letter confirming withdrawal of Enforcement Notice dated
13 February 2020

 

2.     Letter and Enforcement Notice to D W Hicks Building Company Ltd
dated 18 December 2019 and letter confirming withdrawal of Enforcement
Notice dated 13 February 2020

 

3.     Letter and Enforcement Notice to Prosperity Cathedral View
Developments Ltd dated 18 December 2019 and letter confirming withdrawal
of Enforcement Notice dated 13 February 2020

 

4.     Letter and Enforcement Notice to Salus dated 18 December 2019 and
letter confirming withdrawal of Enforcement Notice dated 13 February 2020

 

I trust that this deals with your request.

 

Under our duty to advise and assist (s16 FOIA):

This information may be of interest:

Information on the Service’s current enforcement action can be found under
the name of Derbyshire Fire & Rescue Service as the Issuing Fire & Rescue
Service on the National Fire Chiefs Council’s Enforcement Register and
Prosecution Register and download information at [1]LINK

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data Protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [2][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [3]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [4]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 30543

 

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[5]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [6]Website, [7]Facebook page, or
[8]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[9][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [10]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. http://www.cfoa.org.uk/11823?pv=search&a...
2. mailto:[email address]
3. http://www.ico.org.uk/
4. http://www.ico.gov.uk/
5. https://www.gov.uk/coronavirus
6. https://www.derbys-fire.gov.uk/coronavir...
7. https://www.facebook.com/DerbyshireFRS
8. https://twitter.com/derbyshirefrs
9. mailto:[email address]
10. http://www.sophos.com/

Dear Louise Taylor,

Thank you for your response.

Two matters require clarification:

1. Your response states:

"Information on the Service’s current enforcement action can be found under
the name of Derbyshire Fire & Rescue Service as the Issuing Fire & Rescue
Service on the National Fire Chiefs Council’s Enforcement Register and
Prosecution Register and download information at [1]LINK"

I can confirm that references to the fire safety notice issued in relation to The Croft have been removed from the database. I understand from the CFOA that this is a likely consequence of records being directly removed by DFRS. Please explain.

2. Please explain why there are no records held related the the Copper Building's fire escape that was finally completed in the summer of 2018, some three years after the building was occupied by the University of Derby for use by students and police recruits. Given that DFRS has previously confirmed that it threatened to close the building in 2016, it is inconceivable that no record is held related to the new fire escape.

Yours sincerely,

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

Dear Mr Gale

I acknowledge receipt of your request for further information regarding your request. Your request was received on 6 January 2021 and is being dealt with under the terms of the Freedom of Information Act 2000. In connection with the Internal Review we will respond within 7 working days and so I will contact you again on or before Friday 15 January 2021.

If you have any queries about this email then please contact me.

Yours sincerely
Louise Taylor - Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS
Main Tel: 01773 305305 | Direct Tel: 01773 305430

show quoted sections

Louise Taylor, Derbyshire Fire and Rescue Service

1 Attachment

Dear Mr Gale

 

I write in response to your email of 6 January 2021 in which you requested
clarification on the Service’s response. Your request has been dealt with
in accordance with the Freedom of Information Act 2000 (FOIA) and our
response is below.

 

1.     I can confirm that references to the fire safety notice issued in
relation to The Croft have been removed from the database. I understand
from the CFOA that this is a likely consequence of records being directly
removed by DFRS. Please explain.

 

Details of enforcement action are uploaded by DFRS to the national
Enforcement Register on the CFOA website. DFRS also notifies CFOA where
notices have been complied with the Register is updated. Records are
removed by CFOA.

 

2.     Please explain why there are no records held related the Copper
Building's fire escape that was finally completed in the summer of 2018,
some three years after the building was occupied by the University of
Derby for use by students and police recruits. Given that DFRS has
previously confirmed that it threatened to close the building in 2016, it
is inconceivable that no record is held related to the new fire escape.

 

Our search was from January 2019 to the present for (1) fire safety
notices and other warnings, cautions or alerts in respect of properties
used by University of Derby students and / or staff for educational,
administrative or student accommodation purposes; and (2) internal
decisions made by Derbyshire Fire & Rescue services related to above, as
well as related advice or comment from the University of Derby or third
parties. The search showed that we do not hold such records for The Copper
Building for that period.

 

Following a search of records and communications since September 2017
relating to fire safety at the Copper Building at One Friargate Square,
Derby, I enclose the following documents:

 1. Letter to Derbyshire Fire & Rescue Service of proposed works – 7
December 2017
 2. Letter from Derbyshire Fire & Rescue Service with recommendations – 2
January 2018
 3. Derbyshire Fire & Rescue Service Notes for case – 27 February 2018
 4. Final Certificate – 11 September 2018

 

The documents have been redacted to remove personal data. Section 40 of
the FOIA provides an exemption from the right to information if it is
personal data as defined in the Data Protection Act 2018.

 

I trust this deals with your request.

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [1][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [2]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [3]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[4]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [5]Website, [6]Facebook page, or
[7]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[8][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [9]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. http://www.ico.gov.uk/
4. https://www.gov.uk/coronavirus
5. https://www.derbys-fire.gov.uk/coronavir...
6. https://www.facebook.com/DerbyshireFRS
7. https://twitter.com/derbyshirefrs
8. mailto:[email address]
9. http://www.sophos.com/

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

1 Attachment

Link: [1]File-List

Dear Mr Gale

 

I write in response to your email of 6 January 2021 in which you requested
clarification on the Service’s response. Your request has been dealt with
in accordance with the Freedom of Information Act 2000 (FOIA) and our
response is below.

 

1.      I can confirm that references to the fire safety notice issued in
relation to The Croft have been removed from the database. I understand
from the CFOA that this is a likely consequence of records being directly
removed by DFRS. Please explain.

 

Details of enforcement action are uploaded by DFRS to the national
Enforcement Register on the CFOA website. DFRS also notifies CFOA where
notices have been complied with the Register is updated. Records are
removed by CFOA.

 

2.      Please explain why there are no records held related the Copper
Building's fire escape that was finally completed in the summer of 2018,
some three years after the building was occupied by the University of
Derby for use by students and police recruits. Given that DFRS has
previously confirmed that it threatened to close the building in 2016, it
is inconceivable that no record is held related to the new fire escape.

 

Our search was from January 2019 to the present for (1) fire safety
notices and other warnings, cautions or alerts in respect of properties
used by University of Derby students and / or staff for educational,
administrative or student accommodation purposes; and (2) internal
decisions made by Derbyshire Fire & Rescue services related to above, as
well as related advice or comment from the University of Derby or third
parties. The search showed that we do not hold such records for The Copper
Building for that period.

 

Following a search of records and communications since September 2017
relating to fire safety at the Copper Building at One Friargate Square,
Derby, I enclose the following documents:

 1. Letter to Derbyshire Fire & Rescue Service of proposed works – 7
December 2017
 2. Letter from Derbyshire Fire & Rescue Service with recommendations – 2
January 2018
 3. Derbyshire Fire & Rescue Service Notes for case – 27 February 2018
 4. Final Certificate – 11 September 2018

 

The documents have been redacted to remove personal data. Section 40 of
the FOIA provides an exemption from the right to information if it is
personal data as defined in the Data Protection Act 2018.

 

I trust this deals with your request.

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [2][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [3]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [4]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Marie Lloyd-Jones

 

Sent on behalf of:

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

This e-mail or thread section has been classified OFFICIAL. This e-mail
requires controlled access and may contain business or personal
information.

Coronavirus (COVID-19) pandemic:
We urge everyone to help protect themselves, their families and the whole
nation. Please follow the direction of the Prime Minister
[5]https://www.gov.uk/coronavirus to Stay Alert to help save lives and our
NHS.

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [6]Website, [7]Facebook page, or
[8]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[9][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [10]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D6ED8F.B2807E80
2. mailto:[email address]
3. http://www.ico.org.uk/
4. http://www.ico.gov.uk/
5. https://www.gov.uk/coronavirus
6. https://www.derbys-fire.gov.uk/coronavir...
7. https://www.facebook.com/DerbyshireFRS
8. https://twitter.com/derbyshirefrs
9. mailto:[email address]
10. http://www.sophos.com/

Dear Marie Lloyd-Jones,

Thank you for providing the documents related to the provision of a fire escape at One Friargate Square 'Copper Building', that was signed off in September 2018, some three years after the University of Derby occupied the six storey building. In September 2015, the building did not have a fire escape, in contravention of Part B Building regulations 2000, despite a fire escape being featured in the architectural drawings used to gain planning consent. The provision of a fire escape came over two years after the University of Derby increased its occupancy of the building.

To close the Copper Building thread, please confirm and clarify what appears to be intimated in the DFRS FOI response:

1. that at no time has DFRS ever issued or referenced an enforcement notice or a prohibition notice in its recorded communications related to the Copper Building,

2. that at no time from January 2016 to May 2018 has DFRS ever recorded its inspection of the Copper Building to ensure that occupancy levels were being adhered to (we have already gathered university curriculum timetable evidence that confirms that they were not),

3. that at no time has DFRS confirmed with the supplier of the Copper Building's 'people counting' system that its systems are suitable for use related to fire safety (we already have written confirmation from the supplier that the systems were unsuitable for use in a fire safety context).

Finally, on the matter of the Croft, we have a written statement from the CFOA that it cannot and does not delete records from the enforcement notice database and that all notices would remain visible once discharged. To confirm the FOI response, is DFRS contesting the CFOA's declared position and accusing the CFOA of deleting the enforcement notice record for the Croft?

Yours sincerely,

David Gale

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Dear Mr Gale

I write with regard to your email of 2 February 2021 in which you submitted a follow up information request to the Service. Please note that, whilst Derbyshire Fire and Rescue Service has a responsibility to provide the requested information we are, as an emergency service, working in the current Covid-19 restrictions and our first priority is the public and to maintain our service to them. As such our workforce must be prepared to be as flexible as possible, meaning some areas may be diverted away from certain tasks to temporarily work outside normal roles and responsibilities during this extraordinary period. Please be assured we are doing all we can to process your request and will endeavour to provide the information, or a further update, by 19 February 2021. Please be advised that the Freedom of Information Act 2000 (FOIA) does not place a duty upon public authorities to answer a question unless recorded information exists. The FOIA duty is to only provide the recorded information held.

If you have any queries about this letter then please contact me.

Yours sincerely

Marie Lloyd-Jones

Sent on behalf of:
Louise Taylor I Solicitor & Monitoring Officer Derbyshire Fire & Rescue Service Butterley Hall, Ripley DE5 3RS I Tel: 01773 305430

show quoted sections

Dear Marie Lloyd-Jones,

In the light of DFRS's failure to respond, please regard the points and clarification questions contained within my message of 02.02.21 within this thread as a fresh FOI request.

Yours sincerely,

David Gale

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Link: [1]File-List

I am out of the office until Wednesday 7 April.

 

If you require urgent assistance please contact the PA Team.

 

Regards

 

Marie

[2]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [3]Website, [4]Facebook page, or
[5]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[6][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [7]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. file:///tmp/cid:filelist.xml@01D726EF.0AFE82D0
2. https://firestoppersreport.co.uk/
3. https://www.derbys-fire.gov.uk/coronavir...
4. https://www.facebook.com/DerbyshireFRS
5. https://twitter.com/derbyshirefrs
6. mailto:[email address]
7. http://www.sophos.com/

Marie Lloyd-Jones, Derbyshire Fire and Rescue Service

Dear Mr Gale

Thank you for your request for information. Your request was received on 6 April 2021 and is being dealt with under the terms of the Freedom of Information Act 2000. We have 20 working days to respond and so we aim to respond on or before 4 May 2021. In some circumstances a fee may be payable and if that is the case, I will let you know the likely charges before proceeding.

Please note that, whilst Derbyshire Fire and Rescue Service has a responsibility to provide the requested information within 20 working days, with the current outbreak of Covid-19 in the UK, we may have to apply an extension to this date. As an emergency service, our first priority is the public and to maintain our service to them, as such our workforce must be prepared to be as flexible as possible meaning some areas may be diverted away from certain tasks to temporarily work outside normal roles and responsibilities during this extraordinary period.

Please be assured we are doing all we can to process your request and will endeavour to provide the information as soon as possible.

If you have any queries about this letter, please contact me.

Yours sincerely

Marie Lloyd-Jones

Sent on behalf of:
Louise Taylor - Solicitor & Information Officer For Derbyshire Fire & Rescue Service, Butterley Hall, Ripley, Derbyshire, DE5 3RS, Tel 01773 305305 Ext 5430 | Email [email address]

This e-mail or thread section has been classified OFFICIAL. This e-mail requires controlled access and may contain business or personal information.

show quoted sections

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

 

I write in response to your email of 6 April 2021 in which you submitted
an information request to the Service.

 

Your request is being dealt with in accordance with the Freedom of
Information Act 2000 (FOIA) but with the current Covid-19 pandemic, we
have had to apply an extension to the initial response date and aim to
have a full response by Friday 7 May 2021.

 

Please note that, whilst Derbyshire Fire and Rescue Service has a
responsibility to provide the requested information within 20 working
days, as an emergency service, our priority is to maintain our emergency
service to the public, as such our workforce must be prepared to be as
flexible as possible meaning some areas may be diverted away from certain
tasks to temporarily work outside normal roles and responsibilities during
this extraordinary period.

 

Please be assured we are doing all we can to process your request and will
endeavour to provide the information as soon as possible.

 

Regards

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 305430

 

 

[1]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [2]Website, [3]Facebook page, or
[4]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[5][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [6]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. https://firestoppersreport.co.uk/
2. https://www.derbys-fire.gov.uk/coronavir...
3. https://www.facebook.com/DerbyshireFRS
4. https://twitter.com/derbyshirefrs
5. mailto:[email address]
6. http://www.sophos.com/

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

 

I write in response to your email of 6 April 2021 in which you submitted
an information request to the Service. Your request has been dealt with in
accordance with the Freedom of Information Act 2000 (FOIA) and our
response is below.

 

Your request

Thank you for providing the documents related to the provision of a fire
escape at One Friargate Square 'Copper Building', that was signed off in
September 2018, some three years after the University of Derby occupied
the six-storey building. In September 2015, the building did not have a
fire escape, in contravention of Part B Building regulations 2000, despite
a fire escape being featured in the architectural drawings used to gain
planning consent. The provision of a fire escape came over two years after
the University of Derby increased its occupancy of the building. To close
the Copper Building thread, please confirm and clarify what appears to be
intimated in the DFRS FOI response:

 

1.      That at no time has DFRS ever issued or referenced an enforcement
notice or a prohibition notice in its recorded communications related to
the Copper Building.

Our search was from January 2019 to the present and the search showed that
we do not hold such records for The Copper Building for that period.
Documents have previously been sent to you following a search of records
and communications since September 2017 relating to fire safety at the
Copper Building at One Friargate Square, Derby.

 

2.      That at no time from January 2016 to May 2018 has DFRS ever
recorded its inspection of the Copper Building to ensure that occupancy
levels were being adhered to (we have already gathered university
curriculum timetable evidence that confirms that they were not).

In accordance with our statutory duties under the [1]Regulatory Reform
(Fire Safety) Order 2005 and [2]Fire and Rescue Services Act 2004, the
Service carries out Fire Safety Audits of non-domestic buildings to check
fire safety provisions and procedures. It is a matter for
the [3]Responsible Person(s) to put in place, and maintain, appropriate
fire safety measures in accordance with [4]Regulation Reform (Fire Safety)
Order 2005. In this case, DFRS inspected the building in August 2016. We
also carry out visits to obtain Site Specific Risk Information such as
type and construction of any buildings, occupancy rates, additional hazard
details such as type and volume of chemicals or cylinders stored on the
site, access and exit routes for fire service vehicles. This information
is used by operational personnel during an incident to provide an
effective response as well as to safeguard them and the community.

 

3.      That at no time has DFRS confirmed with the supplier of the Copper
Building's 'people counting' system that its systems are suitable for use
related to fire safety (we already have written confirmation from the
supplier that the systems were unsuitable for use in a fire safety
context).

It is a matter for the [5]Responsible Person(s) to put in place, and
maintain, appropriate fire safety measures in accordance with
[6]Regulation Reform (Fire Safety) Order 2005.

 

4.      Finally, on the matter of the Croft, we have a written statement
from the CFOA that it cannot and does not delete records from the
enforcement notice database and that all notices would remain visible once
discharged. To confirm the FOI response, is DFRS contesting the CFOA's
declared position and accusing the CFOA of deleting the enforcement notice
record for the Croft?

Details of enforcement action were uploaded by DFRS to the CFOA Portal -
which is now the [7]NFCC Data Portal - from which information is drawn to
populate the national Enforcement Register. This register is publicly
viewable on the [8]NFCC website. I confirm that the information was
entered correctly. The Notices that are either ‘in force’ or ‘complied
with’ remain visible of the Enforcement register but those that have been
‘withdrawn’ do not. The issue seems to be that the Notice was withdrawn in
February 2020 and is not therefore publicly visible anymore. This
situation is currently being reviewed.

 

I trust this deals with your request.

 

Under our duty to advise and assist (s16 FOIA):

This information may be of interest:

Landlord’s responsibilities: [9]LINK

Fire Safety Law: [10]LINK

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

Email: [11][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your complaint, you
have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [12]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [13]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

Louise Taylor - Solicitor, Monitoring Officer and Data Protection Officer

Derbyshire Fire & Rescue Service

Butterley Hall, Ripley DE5 3RS I Tel: 01773 30543

 

 

[14]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [15]Website, [16]Facebook page, or
[17]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[18][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [19]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. https://www.legislation.gov.uk/uksi/2005...
2. https://www.legislation.gov.uk/ukpga/200...
3. https://www.gov.uk/workplace-fire-safety...
4. https://www.legislation.gov.uk/uksi/2005...
5. https://www.gov.uk/workplace-fire-safety...
6. https://www.legislation.gov.uk/uksi/2005...
7. https://www.nationalfirechiefs.org.uk/Ne...
8. https://www.nationalfirechiefs.org.uk/Ne...
9. https://www.derbys-fire.gov.uk/safety/pr...
10. https://www.derbys-fire.gov.uk/safety/bu...
11. mailto:[email address]
12. http://www.ico.org.uk/
13. http://www.ico.gov.uk/
14. https://firestoppersreport.co.uk/
15. https://www.derbys-fire.gov.uk/coronavir...
16. https://www.facebook.com/DerbyshireFRS
17. https://twitter.com/derbyshirefrs
18. mailto:[email address]
19. http://www.sophos.com/

Dear Louise Taylor,

Thank you for your response.

Per previously numbered paragraphs:

1. A review of a telephone call with your Fire Safety Inspecting officer dated 31.08.17 confirms that the University of Derby was threatened with an enforcement notice and that its Vice Chancellor was informed of the deficiency per the lack of fire escape in preparation for the serving of a notice if such action became necessary.

These records do not appear to have been disclosed. Please provide missing records by return.

2. "We also carry out visits to obtain Site Specific Risk Information such as type and construction of any buildings, occupancy rates..."

DFRS does not appear to have provided any record of site visits pertaining to occupancy rates. Please provide by return.

3. "It is a matter for the [5]Responsible Person(s) to put in place, and maintain, appropriate fire safety measures in accordance with [6]Regulation Reform (Fire Safety) Order 2005."

It does become a matter for DFRS when it is notified of potential deficiencies in the use of people counting systems for fire safety. A telephone call dated 31.08.17 with DFRS's Fire Safety Inspecting Officer confirms his understanding of the requirement to check occupancy rates by reference to university course timetables. This does not appear to have been done.

4. Please provide details of when DFRS expects to have completed its review in order that the requested information can be supplied.

In addition for clarification:

5. It has been drawn to my attention by investigators that DFRS's Fire Safety Inspecting Officer previously agreed to an occupancy rate of 550, rather than the 383 contained within the December 2014 fire safety strategy. This agreement was in August 2015 before any discussion around the requirement for a fire escape, accepted in an email from DFRS to MFA Ltd dated 06.08.15 as being without a fire safety strategy (updated - for change of use) being in place.

6. DFRS's Fire Safety Inspecting Officer has referenced in an email dated 31.08.17: "Further to our telephone conversation today I can now confirm that our records do show that we received a copy of the Final Certificate that was issued by MFA Building Control (Corporate Approved Inspectors) following the Partial Conversion of the Office Building to an Education Building. The certificate is dated 8 Oct 2015."

Coincidentally, that certificate was issued two days after a complaint from a student related to the lack of fire escape in the six storey building. We do not appear to have a copy of that certificate. Please provide same by return.

It is now clear that DFRS was aware that a non-existent fire escape had been fraudulently featured in architect's drawings used as part of a 2015 formal planning application for change of use, and that the original fire safety strategy of December 2014 was invalidated by that change of use. All involved parties appear to have 'looked the other way' in circumstances where there was: a) a clear breach of Part B Building Regulations, and b) an immediate financial dependency on the change of use approval for Derby City Council of circa £3.5 million.

I will remind you that SRA registered lawyers have a duty to report to the SRA any suspected 'fraud, dishonesty or serious misconduct' by solicitors or their employees.

Yours sincerely

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

 

I write in response to your email of 7 May 2021 for an internal review of
the response to your information request to the Service dated 6 April
2021. Your request has been dealt with in accordance with the Freedom of
Information Act 2000 (FOIA) and following an Internal Review I have
responded below, and a search is being carried out. A response will be
provided within 20 working days, that is by Monday 7 June 2021.

 

Your request

You requested further information to close the Copper Building thread and
to confirm and clarify what appears to be intimated in the DFRS FOI
response.

 

1.      That at no time has DFRS ever issued or referenced an enforcement
notice or a prohibition notice in its recorded communications related to
the Copper Building.

In your email of 7 May 2021 you say: “A review … for the serving of a
notice if such action became necessary”. These records do not appear to
have been disclosed. Please provide missing records by return.

A response and records relating to your previous requests have been
provided. However, your request for further records will be considered and
a response will be provided within 20 working days, that is by Monday 7
June 2021. If there is likely to be a delay then we will let you know. In
some circumstances a fee may be payable and if that is the case, we will
let you know the likely charges before proceeding. Please note that,
whilst Derbyshire Fire and Rescue Service has a responsibility to provide
the requested information within 20 working days, with the current
Covid-19 restrictions in the UK, we may have to apply an extension to this
date. As an emergency service, our first priority is the public and to
maintain our service to them, as such our workforce must be prepared to be
as flexible as possible meaning some areas may be diverted away from
certain tasks to temporarily work outside normal roles and
responsibilities during this extraordinary period. Please be assured we
are doing all we can to process your request and will endeavour to provide
the information as soon as possible.

 

2.      That at no time from January 2016 to May 2018 has DFRS ever
recorded its inspection of the Copper Building to ensure that occupancy
levels were being adhered to (we have already gathered university
curriculum timetable evidence that confirms that they were not).

In your email of 7 May 2021 with reference to the response “We also carry
out visits to obtain Site Specific Risk Information such as type and
construction of any buildings, occupancy rates..." You say that: DFRS does
not appear to have provided any record of site visits pertaining to
occupancy rates. Please provide by return.

Visits to obtain Site Specific Risk Information are to gain information on
the building to assist operational personnel during an incident. The
purpose is not to ensure that occupancy levels are being adhered to. It is
a matter for the [1]Responsible Person(s) to put in place, and maintain,
appropriate fire safety measures in accordance with [2]Regulation Reform
(Fire Safety) Order 2005.

 

Your request for records of site visits will be considered and a response
will be provided within 20 working days, that is by Monday 7 June 2021. If
there is likely to be a delay then we will let you know. In some
circumstances a fee may be payable and if that is the case, we will let
you know the likely charges before proceeding.  Please note that, whilst
Derbyshire Fire and Rescue Service has a responsibility to provide the
requested information within 20 working days, with the current Covid-19
restrictions in the UK, we may have to apply an extension to this date. As
an emergency service, our first priority is the public and to maintain our
service to them, as such our workforce must be prepared to be as flexible
as possible meaning some areas may be diverted away from certain tasks to
temporarily work outside normal roles and responsibilities during this
extraordinary period. Please be assured we are doing all we can to process
your request and will endeavour to provide the information as soon as
possible.

 

3, 4, 5, 6

In your email of 7 May 2021 you say about our response "It is a matter for
the Responsible Person(s) to put in place, and maintain, appropriate fire
safety measures in accordance with Regulation Reform (Fire Safety) Order
2005." That: “It does become a matter for DFRS when … This does not appear
to have been done.”  Please provide details of when DFRS expects to have
completed its review in order that the requested information can be
supplied.

With reference to previous correspondence with you, your complaint is
being dealt with separately under our Complaints Procedure and a response
will be sent to you as soon as possible but within a maximum of twenty
working days from receipt of the complaint, that is by close of business
on Friday 14 May 2021, unless there is a justifiable reason for not doing
so. Where there is a delay then you will be informed.

 

Under our duty to advise and assist (s16 FOIA):

This information may be of interest:

Landlord’s responsibilities: [3]LINK

Fire Safety Law: [4]LINK

 

Your right to request an internal review of our decision

If you are not satisfied with this response or you wish to complain about
any aspect of the handling of your request, then you should contact our
Data protection Officer (details below).  If informal resolution is not
possible and you are still dissatisfied then you may apply for an
independent internal review by our Chief Fire Officer/Chief Executive. 
Please note that any request for an internal review must be made within 40
working days of the date on which the attempt to reach informal resolution
has come to an end.

 

Email: [5][email address]

Telephone: 01773 305430

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

 

Your right to appeal

If you’re still unhappy after we have responded to your request for an
Internal Review, you have a right to appeal to the Information
Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [6]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [7]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

[8]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [9]Website, [10]Facebook page, or
[11]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[12][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [13]http://www.Sophos.com however,
no warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. https://www.gov.uk/workplace-fire-safety...
2. https://www.legislation.gov.uk/uksi/2005...
3. https://www.derbys-fire.gov.uk/safety/pr...
4. https://www.derbys-fire.gov.uk/safety/bu...
5. mailto:[email address]
6. http://www.ico.org.uk/
7. http://www.ico.gov.uk/
8. https://firestoppersreport.co.uk/
9. https://www.derbys-fire.gov.uk/coronavir...
10. https://www.facebook.com/DerbyshireFRS
11. https://twitter.com/derbyshirefrs
12. mailto:[email address]
13. http://www.sophos.com/

Dear Ms Taylor

Thank you for your response.

With regards to paragraphs:

1) This is not a new request. This disclosure should have been included with the original response, to include communications with the Vice Chancellor and other executive management of the University of Derby related to the possibility of enforcement action by DFRS.

2 & 6) The DFRS Fire Safety Inspecting Officer was aware from 2017 onwards (at the latest) of allegations, supported by reference to academic timetables, that occupancy levels were being breached. If the records exist, they should have formed part of the original disclosure.

The 'final fire safety certificate' is recorded as having been issued by the fire safety consultants on or about the 8th August 2015 and that DFRS was provided with a copy. Again, this document should have been provided in response to my original request(s). Reference to the document should confirm the occupancy level agreed between DFRS and the fire safety consultants.

Generally, it is apparent that multiple public bodies, including DFRS, were prepared to look the other way until the June 2017 Grenfell Towers fire, at which point all were galvanised into action. Throughout the period from October 2015 until May 2018 hundreds of students, academic staff, and police recruits were knowingly exposed to an unlawful risk, in circumstances where it would appear from the records provided to date that the university's insurers had not been made aware of the deficiencies.

I am awaiting confirmation that a proposed visit to the university's law school by the Prime Minister in February 2018 was relocated because of security and safety concerns related to the missing fire escape. It may assist your contextual understanding to learn that, in 2018, a student was excluded from the university without due process, allegedly because he/she had blown the whistle on the lack of fire escape in the six storey building in October 2015.

Yours sincerely

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

I thank you for your email of 18 May 2021 and note your comments. You have raised a number of points and I confirm that as part of the internal review, searches are being carried out and a response will be provided within 20 working days, that is by Monday 7 June 2021. In trying to reach an informal resolution we are doing all we can to deal with your requests and we will endeavour to provide the information as soon as possible. If there is likely to be a delay, then we will let you know. In some circumstances a fee may be payable and if that is the case, we will let you know the likely charges before proceeding.

Please note that with the current Covid-19 restrictions in the UK, we have limited resources to deal with requests for information. As an emergency service, our first priority is the public and to maintain our service to them, as such our workforce must be prepared to be as flexible as possible meaning some areas may be diverted away from certain tasks to temporarily work outside normal roles and responsibilities during this extraordinary period.

As mentioned, a response will be provided within 20 working days, that is by Monday 7 June 2021. If informal resolution has not been possible and you are still dissatisfied, you may apply for an independent internal review by our Chief Fire Officer/Chief Executive. Please note that any request for an internal review by our Chief Officer must be made within 40 working days of the date on which the attempt to reach informal resolution has come to an end.

Your right to appeal
If you are still unhappy after we have responded to your request for an independent internal review, you have a right to appeal to the Information Commissioner at:

The Information Commissioner's Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 0303 123 1113
Website: www.ico.org.uk

Further details of the role and powers of the Information Commissioner can be found on the Commissioner’s website: http://www.ico.gov.uk

There is no charge for making an appeal.

Yours sincerely
Louise Taylor - Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS
Main Tel: 01773 305305 | Direct Tel: 01773 305430

show quoted sections

Dear Louise

In the interests of transparency, I must amend my previous response:

I previously referenced: "The DFRS Fire Safety Inspecting Officer was aware from 2017 onwards (at the latest) of allegations, supported by reference to academic timetables, that occupancy levels were being breached."

Technically, that statement is correct. However, emails in 2015 between MFA Ltd and the Fire Safety Inspecting Officer evidence that DFRS had agreed an occupancy limit of 550 without a fire escape, in direct contravention of the fire safety strategy referenced by DFRS, Derby City Council, and the University of Derby. Note that the fire safety strategy is dated December 2014 which is prior to the planning application for change of use. The 2015 planning application was supported by architectural drawings that falsely depicted (Eastern elevation) a fire escape as already being in place. All three organisations have confirmed their knowledge of the use of the architectural drawings in 2015.

The council has since admitted that it: 1) put together a special team to accelerate the progress of the change of use application, and 2) that it had a £3.5 million dependency on the university lease being signed in June 2015.

Whilst there are clearly matters pertaining to this case that require police investigation, I will alert you to the previous blocking of police engagement by the former Derbyshire Police & Crime Commissioner (PCC) who refused to hold his (previous) Chief Constable to account. During the events of 2015 onwards, the PCC was simultaneously a Derby City Council councillor and Vice-Chair of the council's Scrutiny and Governance Committee. He is evidently highly conflicted. However, Derbyshire Constabulary has confirmed that it did not carry out any risk assessment for police recruits being trained in the Copper Building. I have maintained throughout that, because of the evidenced conflicts of interest, any investigation must be carried out by an external force or the National Crime Agency.

The discovery of the 2015 DFRS / MFA emails increases the significance of the 2015 final (not partial - according to the Fire Safety Inspecting Officer) fire safety certificate, and the communications on potential enforcement action sent to the university's executive management, sight of which I am still awaiting.

I have reminded all involved that any SRA regulated solicitor is required to report to the SRA and the police any suspected fraud, dishonesty, or serious misconduct, to include other solicitors and their employees.

Kind regards

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

I thank you for your email of 19 May 2021 and note your comments. With reference to previous correspondence, I confirm that as part of the internal review, searches are being carried out and a response will be provided within 20 working days, that is by Monday 7 June 2021. We are doing all we can to deal with your requests and we will endeavour to provide the information as soon as possible.

Kind regards
Louise Taylor - Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS
Main Tel: 01773 305305 | Direct Tel: 01773 305430

show quoted sections

Dear Louise

For your convenience:

The requested building control / fire safety 'final certificate' document has a reference number of 32638 dated 08.10.15.

The requested letters to University of Derby executive management include those sent to the Vice Chancellor as a formal warning of a potential enforcement notice for closure of the One Friargate Square 'Copper Building' on Agard Street, Derby.

For context:

Since January 2018, Kennedys Law has been representing the University of Derby in matters that include reference to the Copper Building's missing fire escape and building control. Eighteen months into litigation, the judge involved in the case had to recuse himself after it was discovered that he had been a partner of Kennedys for five of the first six months of litigation, a matter of days before the first hearing. The Head of Claims for UMAL, the insurers that approved the University of Derby's litigation funding, was also an ex-Kennedys partner.

Since September 2017, Kennedys Law has been the appointed legal representative of the Kensington & Chelsea TMO, the management company for Grenfell Tower, London, which maintains its legal entity for the purposes of the public inquiry related to the Grenfell Towers fire. At the inquiry, a director of KCTMO said that he had told their legal advisors, Kennedys, that he had a number of books in his possession but was not advised to hand them over. Instead, a partner of Kennedys is reported as having told the director to "keep hold of them", causing the notebooks to be withheld from the inquiry for nearly three years.

The University of Derby has refused my FOI request.

regards

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

I thank you for your email of 20 May 2021 and note your comments. With reference to previous correspondence, I confirm that as part of the internal review, searches are being carried out and a response will be provided within 20 working days, that is by Monday 7 June 2021. We are doing all we can to deal with your requests and we will endeavour to provide a response to your request for information as soon as possible.

Kind regards
Louise Taylor - Solicitor & Monitoring Officer Derbyshire Fire & Rescue Service Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS Main Tel: 01773 305305 | Direct Tel: 01773 305430

show quoted sections

Louise Taylor, Derbyshire Fire and Rescue Service

1 Attachment

Dear David

 

Internal Review

With reference to your request for an internal review, your request has
been dealt with in accordance with the Freedom of Information Act 2000
(FOIA) and our response is given below.

 

Your request

You have specifically asked for information around fire strategy, fire
safety notices and other warnings, cautions or alerts in respect of the
buildings at One Friar Gate Square, Agard Street, Derby (the Copper
Building). In addition, you have asked for copy correspondence and records
of any internal decisions made by the Service relating to that building,
with a particular focus on occupancy figures and availability of various
supporting documents.

 

Response

We have searched our records for documents held that relate to the
buildings at One Friar Gate Square, Agard Street, Derby (the Copper
Building) for the last six years. After conducting an internal review of
the request and the previous requests and responses in relation to
information and documents requested, I have made the following
conclusions:

 

 1. We do hold Site Specific Risk Inspection forms - This information is
used by operational personnel during an incident to provide an
effective response as well as to safeguard them and the community.

 

 2. We do hold correspondence in relation to consultations on fire safety
for planning applications.

 

 3. I can neither confirm nor deny whether Derbyshire Fire and Rescue
Service holds other documents that you have requested. We are not
obliged to confirm or deny whether we hold the documents you have
requested. The fact that exemptions have been cited, should not be
taken as an indication that the information you requested is or is not
held by the Service.

 

 4. We are refusing all your request under exemptions in the Freedom of
Information Act 2000 as detailed in the attached Refusal Notice.

 

 5. Your complaint is being dealt with separately under our Complaints
Procedure and a response will be sent to you as soon as possible but
by close of business on Friday 18 June 2021, unless there is a
justifiable reason for not doing so. Where there is a delay then you
will be informed.

 

I trust this deals with your request.

 

Your right to request an independent internal review of this decision by
our Chief Fire Officer

If you are still dissatisfied, then you may contact the Data Protection
Officer to request an independent internal review by our Chief Fire
Officer/Chief Executive.  Please note that any request for an internal
review must be made within 40 working days of the date on which the
attempt to reach informal resolution has come to an end.

 

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

Email: [1][email address]

Telephone: 01773 305430

 

Your right to appeal

If you are still unhappy after we have carried out an independent internal
review, you have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [2]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [3]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

[4]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [5]Website, [6]Facebook page, or
[7]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[8][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [9]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. http://www.ico.gov.uk/
4. http://www.firestoppersreport.co.uk/
5. https://www.derbys-fire.gov.uk/coronavir...
6. https://www.facebook.com/DerbyshireFRS
7. https://twitter.com/derbyshirefrs
8. mailto:[email address]
9. http://www.sophos.com/

Louise Taylor, Derbyshire Fire and Rescue Service

1 Attachment

Dear David

 

Internal Review

 

With reference to your request for an internal review, your request has
been dealt with in accordance with the Freedom of Information Act 2000
(FOIA) and our response is given below.

 

Your request

You have specifically asked for information around fire safety notices and
other warnings, cautions or alerts in respect of the buildings at One
Friar Gate Square, Agard Street, Derby (the Copper Building). In addition,
records of any internal decisions made by the Service relating to that
building, with a particular focus on occupancy figures and availability of
various documents.

 

Response

We have searched our fire safety records for documents held that relate to
the buildings at One Friar Gate Square, Agard Street, Derby for the last
six years. After conducting a review of the information requested, I have
made the following conclusions:

 

 1. We do hold Site Specific Risk Inspection forms.
 2. I can neither confirm nor deny whether Derbyshire Fire and Rescue
Service holds other documents that you have requested. We are not
obliged to confirm or deny whether we hold the documents you have
requested. The fact that exemptions have been cited, should not be
taken as an indication that the information you requested is or is not
held by the Service.
 3. We are refusing all your request for informaiton and documents under
the Freedom of Information Act 2000 exemptions as detailed in the
attached Refusal Notice.

 

Your right to request an independent internal review of this decision

If you are still dissatisfied, then you may contact the Data Protection
Officer to request an independent internal review by our Chief Fire
Officer/Chief Executive.  Please note that any request for an internal
review must be made within 40 working days of the date on which the
attempt to reach informal resolution has ended.

 

Data Protection Officer

Derbyshire Fire and Rescue Service
Headquarters
Butterley Hall

Ripley, Derby DE5 3RS

Email: [1][email address]

Telephone: 01773 305430

 

Your right to appeal

If you are still unhappy after we have carried out an independent internal
review, you have a right to appeal to the Information Commissioner:

 

The Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Telephone: 0303 123 1113

Website: [2]www.ico.org.uk    

 

Further details of the role and powers of the Information Commissioner can
be found on the Commissioner’s website: [3]http://www.ico.gov.uk

 

There is no charge for making an appeal.

 

Yours sincerely

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

[4]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [5]Website, [6]Facebook page, or
[7]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[8][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [9]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. http://www.ico.gov.uk/
4. http://www.firestoppersreport.co.uk/
5. https://www.derbys-fire.gov.uk/coronavir...
6. https://www.facebook.com/DerbyshireFRS
7. https://twitter.com/derbyshirefrs
8. mailto:[email address]
9. http://www.sophos.com/

Louise Taylor, Derbyshire Fire and Rescue Service

Louise Taylor would like to recall the message, "Your Freedom of Information Request".
[Firestoppers Be a fire stopper]<http://www.firestoppersreport.co.uk/>

Ensure you continue to stay safe from fire - you can get regular fire safety advice & information on our Website<https://www.derbys-fire.gov.uk/coronavir...>, Facebook page<https://www.facebook.com/DerbyshireFRS>, or Twitter<https://twitter.com/derbyshirefrs>.
This e-mail or thread section has been classified OFFICIAL. The information contained in all parts of this e-mail is confidential and is only for the intended recipient(s). Any unauthorised disclosure or use of such information may be a breach of legislation or confidentiality. If you have received it in error please disregard and advise me immediately or contact our Data Protection Officer on telephone 01773 305430 or email [email address]<mailto:[email address]>
Any views expressed in this message are those of the individual sender, and do not necessarily reflect the opinions of Derbyshire Fire and Rescue Service. Nothing in this e-mail message amounts to a contractual or other legal commitment on the part of Derbyshire Fire and Rescue Authority. This email has been scanned for viruses by http://www.Sophos.com however, no warranty is given that this communication is free from any virus - in keeping with good practice, you should virus scan it.

Dear Louise Taylor,

Following DFRS's recent FOI refusal and failure to telephone me per my request for a reasonable adjustment, I attach below details of recent our email communications to facilitate the engagement of the Information Commissioner's Office.

I will remind you that the Final Certificate requested under FOI was dated 08.10.15 with a reference number of: 32638. If you have any other certificates relating to the same building, you should include those in any response.

Yours sincerely,

David Gale

---------------------
From: Louise Taylor
Sent: 22 June 2021 16:48
To: david gale
Subject: Your complaint

Dear David

This matter has been investigated but for the reasons stated I cannot discuss with you the allegations raised by you, any fire safety matters or provide any information or documents to you in relation to the Service’s activities.

Your right to request an independent internal review by our Chief Fire Officer/Chief Executive
If you are not satisfied with the response to your complaint or you wish to complain about any aspect of the handling of your request, then you may ask for an independent internal review by our Chief Fire Officer/Chief Executive. Please note that any request for an internal review must be made within 40 working days of this email.

Your right to appeal
With regard to your complaint, if you are still unhappy after we have responded to your request for a review, you have a right to appeal to the Local Government & Social Care Ombudsman.

Yours sincerely
Louise Taylor
Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
---------------------

From: david gale
Sent: 21 June 2021 15:29
To: Louise Taylor
Subject: RE: Your complaint

Dear Louise

I’m not seeing anything within your email that forms the basis of a proper response to my complaint.

Did you mean to attach a formal report of your investigation?

Can you also confirm that DFRS’s FOI refusal means that there is a separate ongoing criminal investigation? If there isn’t, then the exemption does not apply.
Yours sincerely

David Gale
---------------------
From: Louise Taylor
Sent: 18 June 2021 16:59
To: david gale
Subject: Your complaint

Dear David

I have completed my investigations in relation to allegations raised by you in your letter of 15 April 2021 which I listed as shown below:
(1) There has been a failure to deliver due diligence in relation to the fire safety strategy.
(2) One or more DFRS officers have been accepting illicit payments for fire safety approval of industrial premises.
(3) The Service has ignored occupancy rate breaches.

You said that comments on illicit payments were provided for context and there was no evidence in support but if you do have evidence, please send this to me so that this can be investigated. In the circumstances I have investigated allegations numbered 1 and 3 above.

In your emails you referred to several documents. You provided documents with your email of Tue 01/06/2021 12:14 which I have reviewed.

On the information available, I find no failings on the part of the Service in relation to your allegations. With reference to the attached Refusal Notice in relation to the release of information or documentation, I cannot comment on the allegations raised by you, any fire safety matters or provide any information or documents to you in relation to the Service’s activities. As stated in the Refusal Notice you have a right to request an internal review on the decision on release of information and/or documents and then, if the matter is not resolved, a right to appeal to the Information Commissioner regarding that Refusal Notice.

Reasonable adjustments
I note your request for the reasonable adjustment that any response from DFRS is accompanied by a telephone call. We are aware of our duty to make reasonable adjustments under the Equality Act 2010. You have sent a text and a further email (Tue 15/06/2021 11:39) saying that you are happy to provide additional material evidence subsequent to a discussion with me on the direction of my investigation. However, I cannot provide any information to you or discuss details of my investigations with you. If you have evidence in support of your allegations then you should send this to me. it is important that you send this in order that your allegations can be investigated, and we can ensure things are dealt with as quickly as possible.

Your right to request an internal review of our decision on your complaint
If you are not satisfied with this response to your complaint or you wish to complain about any aspect of the handling of your request, then you should contact me as the Service Solicitor (details below). If informal resolution is not possible and you are still dissatisfied then you may apply for an independent internal review by our Chief Fire Officer/Chief Executive. Please note that any request for an internal review must be made within 40 working days of the date on which the attempt to reach informal resolution has come to an end.
Service Solicitor
Derbyshire Fire and Rescue Service

Your right to appeal
If you are still unhappy after we have responded to your request for a review, you have a right to appeal to the Local Government & Social Care Ombudsman.

How to complain link: https://www.lgo.org.uk/make-a-complaint/...
You can call their helpline on 0300 061 0614. It is open between 10am and 4pm, Monday to Friday, except on public holidays.

Further details of the role and powers can be found on the Local Government & Social Care Ombudsman website through this link: https://www.lgo.org.uk/information-centr...

There is no charge for making an appeal to the Local Government & Social Care Ombudsman.

Yours sincerely
Louise Taylor - Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
---------------------
From: David Gale
Sent: 16 April 2021 07:28
To: Louise Taylor
Subject: Re: University of Derby Law School - Copper Building, Friargate Square, Agard Street

Dear Ms Taylor

Thank you for acknowledging my letter of 15.04.21.
The allegations that you list include, at point 2 of your letter, a response to information that was referenced in my letter as being provided for context. As such, that should not form part of this investigation.
With regards to evidence, I will be happy to assist with specific requests where possible. However, both of the suggested areas for investigation, contained within your points 1 & 3, will be substantially proven if DFRS does not already hold records pertaining to University of Derby academic timetables (to include cohort numbers), as well as spot-check occupancy statistics for the Copper Building.

I suggest that a starting point for any investigation might be for DFRS to confirm that it has the records referenced above, as well as a list of all of the academic courses and other activities that were using the Copper Building between September 2015 and May 2018.

As an example of 'other activities', I personally witnessed that some of the evening events involving guest speakers were held in full lecture theatres with standing room only. I also witnessed that, from 2016 onwards, lecture theatres for some of the non-law courses were running at or close to full capacity.
Please feel free to call me should you have further queries.

Yours sincerely
David Gale

Dear Louise Taylor,

For the avoidance of doubt, DFRS has already received, acknowledged and responded to my request for FOI review dated 07 May 2021.

As such, the refusal to provide records requested under FOI has been lodged as a complaint with the Information Commissioner's Office.

Yours sincerely

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

Dear David

I refer to your emails of Mon 28/06/2021 15:00 and 29 June 2021 06:12.

I note that you have lodged a complaint with the Information Commissioner's Office.

In accordance with our procedure I have still referred the decision on your freedom of information request for an independent internal review by our Chief Fire Officer/Chief Executive and a response will be provided on or before Friday 9 July 2021.

Yours sincerely

Louise Taylor
Solicitor & Monitoring Officer
Derbyshire Fire & Rescue Service
Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS
Main Tel: 01773 305305 | Direct Tel: 01773 305430

show quoted sections

Dear Louise Taylor,

I'm not entirely sure why DFRS would be expecting a second bite of the internal review request that it previously acknowledged. Nor should DFRS expect me to engage with its complaints procedure when it is evidenced as being manifestly flawed. That procedure confirms the requirement for a criminal investigation across multiple organisations, to include DFRS.

For reference, as well as the wider sphere of records sought within my FOI request, there is a measure of urgency specific to the following documents:

1. 07.07.15 Building control ‘Initial Notice’, to include ‘description of work’.

2. 08.10.15 (and others) Building control ‘Final Certificate’ (details already provided).

3. Communications, to include warning letter(s) threatening to use fire safety enforcement action to close the building and responses, between DFRS and University of Derby (including Vice Chancellor).

4. Related communications between DFRS and Derby City Council.

Any SRA registered lawyer who fails to report to the SRA suspected fraud, dishonesty, or serious misconduct by lawyers or their employees is in breach of the SRA's Code of Conduct.

Yours sincerely

David Gale

Louise Taylor, Derbyshire Fire and Rescue Service

1 Attachment

Dear Mr Gale

 

Please see the attached.

 

Yours sincerely

Louise Taylor - Solicitor & Monitoring Officer

Derbyshire Fire & Rescue Service

Joint Police & Fire Headquarters, Butterley Hall, Ripley DE5 3RS

Main Tel: 01773 305305 | Direct Tel: 01773 305430

 

[1]Firestoppers Be a fire stopper

Ensure you continue to stay safe from fire - you can get regular fire
safety advice & information on our [2]Website, [3]Facebook page, or
[4]Twitter.

This e-mail or thread section has been classified OFFICIAL. The
information contained in all parts of this e-mail is confidential and is
only for the intended recipient(s). Any unauthorised disclosure or use of
such information may be a breach of legislation or confidentiality. If you
have received it in error please disregard and advise me immediately or
contact our Data Protection Officer on telephone 01773 305430 or email
[5][email address]
Any views expressed in this message are those of the individual sender,
and do not necessarily reflect the opinions of Derbyshire Fire and Rescue
Service. Nothing in this e-mail message amounts to a contractual or other
legal commitment on the part of Derbyshire Fire and Rescue Authority. This
email has been scanned for viruses by [6]http://www.Sophos.com however, no
warranty is given that this communication is free from any virus - in
keeping with good practice, you should virus scan it.

References

Visible links
1. http://www.firestoppersreport.co.uk/
2. https://www.derbys-fire.gov.uk/coronavir...
3. https://www.facebook.com/DerbyshireFRS
4. https://twitter.com/derbyshirefrs
5. mailto:[email address]
6. http://www.sophos.com/