West Yorkshire Fire & Rescue Authority
Fire Protection Policy
Regional Fire Investigation - Yorkshire & Humberside
Yorkshire & Humberside Region
CFOA Prevention & Protection Group
Fire Investigation Working Group
“Regional Fire Investigation
the Way Forward
OBJECTIVE
“Delivery of Specialist or Common Services where
appropriate such as Fire Investigation”
West Yorkshire Fire & Rescue Service
Oakroyd Hall
Birkenshaw
Bradford
BD11 2DY
Date Issued:
Ref:
30/09/2011
Review Date:
FS-POL009A
01/10/2012
Version: 4.0
www.westyorksfire.gov.uk
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Regional Fire Investigation - Yorkshire & Humberside
1
BACKGROUND
1.1
The proposed regional fire investigation model framework and policy is intended to provide the underpinning structure to enable fire & rescue
authorities within the region to work together to enhance fire, explosion and arson investigations and their outcomes by the following
i.
Will adopt procedures for conducting the investigation of fires. Guidance will be available for all those undertaking such activities.
ii.
All personnel likely to undertake the investigation of fires will receive the relevant training, which is commensurate to their role and
responsibility under the fire investigation framework.
iii.
An appropriate number of officers will have received additional training to enable them to undertake more complex investigation.
iv.
Arrangements will be in place to call upon the police, forensic or other fire investigation expertise where a need is identified.
v.
Arrangements will exist to pass appropriate information gathered during the course of fire investigations to other departments in each
individual Fire & Rescue Authorities. Such information will be used to identify trends and issues to assist in the targeting of future
Community Safety campaigns, which seek to drive down the risk and make available the resources, which will be of benefit to the
community.
vi.
The Region will have procedures for amending local standards and practices as a result of information gathered during the fire
investigation process.
vii.
Support established arrangements for developing effective Crime and Disorder Reduction Partnerships.
1.2
We will develop and maintain targets set by the Government, in that fire & rescue authorities are, through CFOA Prevention & Protection Group,
pooling specialist fire investigation capacity to provide effective regional capability.
1.3
In the context of increasing numbers of deliberate (arson) fires and relatively few convictions, the group will develop and maintain a co-ordinated
investigative action, new training systems and data sharing protocols.
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Regional Fire Investigation - Yorkshire & Humberside
2.
INFORMATION
2.1
Training and Development.
2.1.1
It is recommended that the following levels of fire investigation training be provided within the region.
2.2
Level One Investigation: Basic fire and arson investigations*.
2.2.1
This level of response will be managed by each individual fire and rescue service.
2.2.2
Training will be aimed at crew and watch managers and will consist of a combination of, the Regional E-learning fire investigation module and
other practical modules, which have been crossed mapped to the National Occupational Standards for Fire Investigation. See Appendix 2 for
further details.
2.2.3
Should a more comprehensive investigation be required then an investigator appropriately trained should be requested to attend.
2.3
Level Two Investigation: Intermediate fire, explosion and arson investigations*.
2.3.1
This level of response will be managed by each individual fire and rescue service.
2.3.1
The officer will attend a recognised fire investigation course that delivers training to Level Two standard. In addition, the officer will appropriate
professional, tested, forensic awareness training, such as CFI Trainer.net.
2.4
Level Three Investigation: Advanced fire, explosion and arson investigations*.
2.4.1
In addition to the Level Two training, authorities in the region will nominate officers to undertake a Masters Degree in fire investigation with a
minimum requirement to achieve a Post Graduate Diploma. Each fire authority should plan to maintain the number of officers with, or studying
for, this qualification is as indication in Table 1.
*As defined in Fire & Rescue Service Circular 1-2006, 18 January 2006
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Regional Fire Investigation - Yorkshire & Humberside
Table 1 - No. of Level Three Fire Investigation Officers
F&RS
Humberside
North Yorkshire
South Yorkshire
West Yorkshire
Officers
2
2
2
3
2.4.2
The team will seek to maintain competence through accredited continual professional development in line with other professional bodies, such
as The Institution of Fire Engineers or the International Association of Arson Investigators.
2.5
Regional fire investigation team
2.5.1
The regional fire investigation team will comprise of officers from each of the constituent fire authorities in accordance with table 1. The regional
team will maintain the regional rota.
2.5.2
The regional fire investigation team will meet on a three monthly basis or as and when required. The Chair will report to the CFOA Prevention &
Protection Group.
2.6
Mobilising Criteria.
2.6.1
The regional response for a Level Three Investigation will be made as indicated in Table 2
Table 2 – Level Three Investigations Mobilising Criteria
Incident Type
All fatal fires
Death or serious injury to a fire fighter at
fire or explosion related incident
Request from Level II or Level III F.I
A fire or explosion related CCBRN
incident.
Request from first call or principal officer
Mobilising Details
Specialist fire investigation officer (SFIO) from own Authority and a Regional Fire
Investigation Officer (RFIO) from own authority. If a RFIO is not available in own authority,
the nearest available RFIO will be requested to attend
The investigation will be carried out by at least two Yorkshire & Humberside RFIO’s from
outside the Fire Authority in which the incident occurred.
As above
As above
As above
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Regional Fire Investigation - Yorkshire & Humberside
2.6.2
On occasions where there is no RFIO available within the region, the responsibility for any investigation will remain with the fire authority in
whose area the incident occurs.
2.6.3
The mobilisation of RFIO outside their normal authority area will be on a reciprocal arrangement.
3
Memorandum of Understanding
3.1
The Memorandum of Understanding (reproduced in Appendix 1) has been adopted within the region.
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Regional Fire Investigation - Yorkshire & Humberside
APPENDIX 1 - MEMORANDUM OF UNDERSTANDING BETWEEN THE FIRE AND RESCUE SERVICE AND THE POLICE
1.
BACKGROUND
This Memorandum of Understanding provides for a Service/Force wide framework, within which there is scope to include local working
arrangements with regard to Fire Investigation. The understanding takes into account the provisions of Fire Service Circular No. 21/200
2.
RELEVANT LEGISLATION
2.1
The Fire and Rescue Services Act 2004
The Fire and Rescue Services Act places a duty on the Fire and Rescue Service (F&RS) to protect life and property from fire. In such an
incident the Senior Fire Officer present will be in sole charge of operations and is empowered to take whatever actions are deemed necessary
to extinguish the fire or to protect any person or property. The F&RS has a responsibility where deliberate ignition is suspected to investigate,
preserve the scene and to seek the involvement of Police at the earliest practicable stage.
2.2
Police Act 1964
The role and responsibilities of a Police Officer have evolved through Common Law although many are now contained within legislation. The
Police Act imposes a primary responsibility on the Police Authority to maintain an adequate and efficient Police Force. The Chief Constable has
direction and control of the force, including incident control and investigation. In such an incident the Senior Police Officer present will, in liaison
with appropriate bodies, i.e. F&RS and Ambulance Service, be in charge of the operation and take whatever legal actions are deemed
necessary to preserve the scene and protect life and property.
2.3
The Crime and Disorder Act 1988
The Crime and Disorder Act 1998 places a statutory requirement on F&RS, Police Services, Local Authorities and a variety of other agencies to
tackle crime and disorder issues. Alongside measures to improve the criminal justice system the Act has placed a statutory duty on the
responsible authorities to produce a three-year community safety strategy with clear initiatives, targets and priorities.
3.
AREAS OF MUTUAL INTEREST
The principal areas of mutual interest between the F&RS and the Police are:
a) all fires involving fatalities;
b) all deliberately started fires involving injury;
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c) all deliberately started fires involving property; and
d) all deliberately started fires, which do or appear to form part of a series of arson offences.
4.
GENERAL WORKING ARRANGEMENTS
4.1
The F&RS will undertake to inform the Police and facilitate access to fires of mutual interest as soon as it is practical to do so.
4.2
The F&RS will take all reasonable steps during and following a fire in which it is suspected involves a crime or fatality, to preserve the scene and
protect potential evidence from being destroyed.
4.3
The Police will attend all fires of mutual interest under categories 3. a) and b) above. The Police will also attend fires under categories 3. c) and
d) above if there is any value to be gained by doing so, F&RS fire investigation officers will request the police having first assessed the evidence
or value in them attending.
4.4
The Police have a statutory responsibility to investigate criminal acts relating to fire. The Police “officer-in-charge of the investigation” has
overall responsibility for the Forensic Strategy of any investigation. The F&RS investigating officer will provide guidance, opinion and assistance
as required.
4.5
To assist in the investigation process the Fire Investigator will as soon as is reasonably practicable, communicate to the Police their preliminary
findings and will provide, upon request, a written report together with any necessary witness statements.
4.6
Any information gained or received by the F&RS in respect of a fire related crime or fatality should be preserved, recorded and will be passed to
the Police “officer-in-charge”.
4.7
Any information gained or received by the Police, which may have a bearing on the cause of the fire, e.g. witness/suspect accounts, will be
passed to the relevant F&RS investigation officer as soon as reasonable practicable, unless it is deemed detrimental to the investigation to do
so. This will enable those tasked with the joint examination of the crime scene and the subsequent investigation to be in possession of relevant
and factual information to assist them in their deliberations.
4.8
The F&RS undertake to provide such available specialist equipment as may be required to facilitate a fire investigation of mutual interest. The
exception being where specialist training is required. This will be decided upon by a dynamic risk assessment.
4.9
Where the incident is declared to be a crime scene and either the Police or F&RS believe further investigation will be of value, the Police will
undertake to deploy a crime scene investigator to work alongside the fire investigator within the scene. The Police will also have provision in
place to facilitate the securing of any premises/part of premises that require securing, or undertake to inform the Local Authority if it is deemed
to be their responsibility to secure the premises following extinguishment of the fire.
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Regional Fire Investigation - Yorkshire & Humberside
4.10
A joint risk assessment between the Fire Investigator and Crime Scene Investigator will be carried out in respect of fire-damaged property and
any necessary precautionary measures will be implemented before the commencement of an investigation. This may include a COSHH
assessment, structural survey by a suitable qualified person, etc when appropriate.
4.11
Once there is a police officer at the scene of a fire of mutual interest, the Police will assume responsibility for the preservation of that scene in
consultation with the Fire Incident Commander.
4.12
Crime Scene Investigators will be responsible for the taking of such samples as deemed necessary and for providing the correct packaging,
labelling, documentation, continuity and transit of such samples to the Police “officer-in-charge of investigation” for subsequent submission for
forensic examination.
4.13
Crime Scene Investigators will be responsible for addressing and advising on all issues of contamination and continuity in relation of the
scene(s) and subsequent investigation.
4.14
Where incidents are deemed to require further investigation and no Police Officer is in attendance then the responsibility for instigation will
become the duty of the F&RS officer-in-charge.
5.
RECORDING OF INCIDENTS
5.1
The F&RS will record all incidents that are deemed to be deliberate started fires.
5.2
The Police will record all crimes of Arson (ARSON: All deliberate started fires whereby without lawful excuse, property is destroyed or damaged
by fire, by persons intending to damage or destroy such property, or being reckless as to whether such property was destroyed or damaged).
5.3
In instances of deliberately started fires where the Police have not attended the scene, sufficient details of the incident will be completed by
F&RS personnel and forwarded to the Police in order that the incident can be investigated appropriately.
5.4
Instances of deliberately started fires where the Police are in attendance, but the F&RS are not, sufficient detail of the incident will be recorded
by Police personnel and forwarded to the F&RS for recording purposes.
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6.
SPECIAL ARRANGEMENTS
6.1
Railway Property
Fires, fatalities or the investigation of arson attacks on railway property is the responsibility of the British Transport Police (BTP) who will have
primacy in any such investigation. Current ACPO (Association of Chief Police Officers) policy states the Home Office Police Forces (that is
police forces established under the Police Act 1964) will have primacy of offences of MURDER and TERRORISM on railway property. It will be
the Police’s responsibility to identify the primacy for the investigation of fires.
6.2
Implementation of Major Incident Plans
Where major incident plans are implemented the items detailed in the general working arrangements above maybe varied or suspended on the
agreement of both the Police and F&RS.
7.
REVIEW OF PROCEDURES
A joint review committee will meet whenever need arises. However, they will meet every twelve months as a minimum with the working
arrangements reviewed annually or in response to new legislation to review the working of this Memorandum and implement any necessary
changes. Either party to resolve any immediate operational difficulties may call special meetings. The Chair will alternate between the two
parties for the scheduled meetings.
Signed: ………………………………………
For Humberside Fire and Rescue Service
Date: …………………………………………..
Signed: …………………………………..……
For South Yorkshire Fire and Rescue Service
Date: …………………………………………..
Signed: …………………………..……………
For North Yorkshire Fire and Rescue Service
Date: …………………………………………..
Signed: …………………………………..……
For West Yorkshire Fire and Rescue Service
Date: …………………………………………..
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Regional Fire Investigation - Yorkshire & Humberside
Signed: ……………………………………….
For Humberside Police
Date: ………………………………………….
Signed: ……………………………………….
For South Yorkshire Police
Date: ………………………………………….
Signed: ……………………………………….
For North Yorkshire Police
Date: ………………………………………….
Signed: ……………………………………….
For West Yorkshire Police
Date: ………………………………………….
Signed: …………………………………….….
Chair of Common Services.
Date: ………………………………………….
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Regional Fire Investigation - Yorkshire & Humberside
A.1
Appendix 2
Proposed regional and national training for Crew/Watch Manager
Units / Elements
Introduction
Aims and objective
Session One
Purposes and priorities of Fire Investigation.
Areas covered
The law relating to Fire Investigation.
Definition and rationale underpinning the 3 levels
Personal level of responsibilities – Level One
Role of other agencies.
Session Two
Health & Safety.
Risk Assessment.
Session Three
Information Gathering.
Unit 1.
Elements 1.1 – 1.2.
Session Four
B.
Unit 2.
Scene Preservation Video
Elements 2.1 – 2.2 – 2.3.
Unit 3.
Elements 3.1 – 3.2 – 3.3.
Unit 7
Element 7.1
Preliminary External Examination
Detailed External Examination
Preliminary Internal Examination
Detailed Internal Examination
Detailed Internal Inspection
Fire Dynamics
Unit 4
Gas & Vapour Explosions
C.
Elements 4.1 – 4.2
Unit 4
Accelerated Fires
Causes of fire
Elements 4.1 – 4.2
Burn Patterns
Session Five
Session Six
SCENE PRESERVATION &
PROTECTING EVIDENCE
FIRE BEHAVIOUR
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Unit 6
Elements 6.1 – 6.2
Questioning Techniques
Contemporaneous notes
Note taking
Regional Fire Investigation - Yorkshire & Humberside
Electrical Causes
Sources of ignition
Evidence recognition
Session Seven
Evidence and attendance at court
Unit 2
Criminal Court
Elements 2.4
Coroners Court
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