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Decision required

Cabinet is asked to note: 

  • the outcome of the consultation on Fire and Rescue Service Governance and Finance Reform.
  • planned next steps including the introduction of secondary legislation to change Fire and Rescue Authority membership requirements and budget setting processes. 

Summary

  • I provided an oral update on Fire and Rescue Service (FRS) Governance to Cabinet on 24 November indicating that I would set out more detail regarding my plans for reform in a paper in correspondence. This paper fulfils that commitment.
  • A lack of robust governance and accountability arrangements have contributed to serious concerns regarding operational performance and dysfunctional culture in FRSs which has been consistently highlighted in a number of independent reports in the last two years.
  • I have consulted on options for governance reform that can be implemented in this Senedd term.  These include changes to Fire and Rescue Authority (FRA) membership to improve leadership and decision making, introducing transparency in budget setting, and improving inspection processes.
  • Consultation responses reflect overall agreement that there is a case for change, but differing views on the detail, particularly in respect of the size of FRA membership.
  • Change is vital to support the improvement that is needed in the performance and culture of the FRS.  Notwithstanding mixed feedback on the options for change, I plan to make secondary legislation in March to change the membership and budget setting arrangements of FRAs.
  • We will also take steps to enhance the statutory inspection of fire and rescue services to ensure that it is adequately resourced, visibly independent, transparent, and comprehensive. 

FRA Performance and Culture

1. Evidence indicates that the FRSs across Wales are not performing as effectively as they should, either corporately or operationally.  There have also been numerous reports of dysfunctional workplace cultures and behaviours, with discrimination, bullying, harassment and favouritism seemingly being widespread. A lack of robust governance and accountability arrangements has contributed to this position, in that the Services are not sufficiently directed, challenged or supported by the Fire and Rescue Authorities (FRAs).   The South Wales Fire and Rescue Service intervention in particular was predicated on the failure of the FRA to show adequate leadership or to hold senior management to account. 

2. I have therefore committed to introduce changes that can be made via secondary legislation in this Senedd term.  This is necessary to ensure strengthened governance arrangements are in place across all three FRSs, most immediately in South Wales FRS where Welsh Ministers intervened in 2024, replacing FRA members with four Commissioners charged with improving the leadership, culture and operational performance of the service. The Commissioners themselves will assess when they have made the necessary improvements to ensure the service is able to continue its improvement journey without their support and direction and recommend that the Service can be returned to local governance arrangements.  We expect that to be during 2026, and we are working with the Commissioners on the detailed arrangements. 

3. More radical reform requiring primary legislation (such as fully independent appointed boards, one FRS for Wales, Chief Fire Officers being given operational independence or FRAs being given precepting powers) could be considered but such changes are not possible within existing powers, and will be a matter for the next Senedd.

Consultation proposals and analysis

4. We consulted for 8 weeks from 29 August to 24 October on options aimed at improving FRA leadership and decision making, introducing transparency in budget setting, and a more robust approach to inspection.  There was overall support for reform objectives, although some respondents believed change should go further. 

5. Membership – FRAs currently have between 24 and 28 members, nominated by their constituent authorities. Unlike local authorities, there is no separation of executive and scrutiny functions, nor could there be without an electoral mandate to underpin this.  This creates authorities which are unwieldy and ill-placed to provide effective strategic leadership or clear accountability.  The options in the consultation included reducing the number of members to 1 per local authority, appointing members from local authority cabinets (although we raised concerns about capacity), and appointing independent members with the suggestion that there be two thirds local authority appointments and one third independents.  We also asked who should appoint independent members and whether there should be independent Chairs. 

6. Over half of respondents supported reducing the number of members.  Reducing local authority membership to 1 per local authority was less well supported with the WLGA and a number of others raising the need for political balance, proportional representation based on local authority population.  Concern was also raised about member capacity and diversity.   There was stronger support for independent member appointments.  There was a mixed response to whether independent members should make up a third of membership and be appointed as full members rather than in a scrutiny only role. Over half of respondents agreed to both options but some disagreed. There was less support for the power of appointment lying with the Welsh Ministers, or for the appointment of independent Chairs. 

7. Budget setting - FRAs raise their core funding by levying their constituent authorities as they see fit.  In practice FRAs do consult local authorities and advise that they do take into account the local government settlement and the need for prudence and efficiency in keeping with the rest of the public sector.  However, in recent years levy increases have often significantly outstripped increases in local authority funding; and neither the local authorities nor the Welsh Government have any control over the process. The consultation outlined three options: direct funding from the Welsh Government, a council tax precept or strengthening the current arrangement so that FRAs must consult their constituent local authorities with a view to reaching agreement on their budget for the coming year.  The only viable short-term option is the last of these and it had general support, although some reservations around timings and dispute resolution.  There was support from the WLGA and several Local Authorities and some others for a precepting model in the longer term. 

8. Inspection - currently this lies with the Chief Fire and Rescue Advisor and Inspector, who undertakes the role alone without any routine support. The consultation set out the principles for an enhanced inspection programme including the need for it to be independent, the requirement to encompass all of an FRA’s functions, a move to graded judgements that can be understood by all stakeholders and the public, and the need for it to appropriately resourced. A preferred model for delivery was not set out.  The majority of consultees agreed with the principles for good inspection and that a different approach to inspection needed to be taken in Wales, although there was no consistent view on what that should look like.   

Next Steps

9. I welcome the wide acknowledgement of the need for change, and general support that change is needed in a number of key areas including the membership, funding and inspection of FRAs.  Whilst there was not consistent support on the detail, particularly in respect of FRA membership, the case for change is clear. A lack of robust governance and accountability underlies widespread concerns regarding performance and dysfunctional culture in the service and urgent and robust change is needed.  That is particularly important in South Wales Fire and Rescue Service so that there are appropriate and robust arrangements in place when the Commissioners leave. 

10. We therefore plan to make legislative changes in March to:

  • Reduce the number of FRA members to one each per constituent Local Authority, and for members to preferably come from local authority cabinets – that will provide local authority membership of ten in South Wales FRA, and six in both Mid and West Wales FRA and North Wales FRA.
  • Appoint independent FRA members to make up a third of overall membership - That will mean five independent members in South Wales FRA and three in both Mid and West Wales and North Wales FRAs, giving an overall membership of fifteen, nine and nine respectively.
  • Introduce formal consultation requirements to the FRA budget setting process – a statutory requirement for FRAs to consult local authorities before setting their budget, with a view to reaching agreement, and including some specifications around evidence of efficiency and meeting community risk. Concerns raised by members regarding deadlines for setting a budget and dispute resolution where no agreement is reached will be taken into account in the detailed arrangements.

11. This will provide us with the most robust approach to informed, efficient and effective leadership and decision-making within current legislative restrictions.  We plan to implement changes to membership from May 2026 onwards, providing for an effective return to local governance in South Wales in 2026 and new arrangements in Mid and West and North Wales to take formal effect from 2027 following the local government elections.  Local authority Cabinet members’ capacity issues can be monitored and reviewed as part of consideration of more widespread reform in the next Senedd term. 

12. Separate work is already underway with the WLGA to produce a comprehensive member training and development programme by the end of this financial year.  This will provide clarity on members’ roles and responsibilities, the skills they need to undertake their role, and the training and support they need to be effective. It will compliment and support changes to FRA membership. 

13. Reducing the size of FRAs will reduce complication and provide for more effective decision making.  Local authority Cabinet membership will strengthen strategic leadership and connections with other services.  The case for appointing independent members is equally strong and was widely supported.  They can bring specialist expertise which may well be lacking among nominated councillors, and which is especially important in providing leadership on what are often highly technical matters and in holding senior officers to account for delivery. 

14. Local authorities tended to support making independent appointments themselves.  However, I believe that it is appropriate to move ahead with a joint appointment process with Welsh Ministers making the actual appointment of independent members following fair and open competition, but with local authorities and other stakeholders fully involved in the selection process.  This is a reasonable compromise between truly independent appointments and giving partners a voice in the process. 

15. Likewise, and subject to further legal advice, I envisage an appointment process for Chairs and Vice-Chairs which would involve the other members alongside a Welsh Government adviser.   

16. We will also pursue an enhanced independent, comprehensive, inspection model for Wales, under the appointed Chief Fire and Rescue Adviser and Inspector for Wales and with strong links to the other inspectorates across the UK, and the new College of Fire when it is introduced.  We will change the CFRAI’s title to make it clearer to partners and the public that the role is and has long been primarily focussed on inspection and to emphasis the independence of the function – a change that the current postholder fully supports.  Details, including the development of new broader inspection criteria, inspection programmes and reporting mechanisms, will be developed by the Chief Inspector in consultation with FRAs and Unions and other stakeholders.  Such changes do not need subordinate legislation. 

Impact

17. In addition to its core traditional role, the FRS faces significant challenges arising from changes in the strategic risk context, including demographic ageing, climate change, global security, technological developments and changes in construction materials and practices.   Addressing those challenges, and keeping people and communities safe, calls for clear and effective leadership, governance and accountability.  That is currently lacking, and the aim of the proposal in this paper is correct that.

Communications and publication

18. I intend publishing a response to the consultation and bringing forward secondary legislation in the new year.  I will make a statement to Senedd Cymru in December setting out my plans.  This paper can be published after that statement is made. 

 

Jayne Bryant MS

Cabinet Secretary for Housing and Local Government
November 2025