FOI Request 2123

Cheshire Fire and Rescue Service (CFRS) does hold Enforcement Notices, as it is the enforcing authority under Article 25 of the Regulatory Reform Fire Safety Order 2005. These Enforcement Orders are Cheshire specific and contain the CFRS logo. They are held on our internal data base and not as an external template and are only accessible by certain individuals within the Protection Team.   

The Freedom of Information Act provides a number of exemptions from the requirement to release certain information. After careful consideration we regret to inform you that we are unable to disclose the information you have requested. We believe that our Enforcement Notices fall under Section 38 of the Act - Health and Safety. 

This decision not to disclose has been made in accordance with Section 38 of the Freedom of Information Act 2000 which exempts information if its disclosure would or would be likely to endanger physical or mental health. Section 38  (1) allows CFRS to withhold information if it considers that releasing the information would be likely to endanger the physical or mental health of any individual or endanger the safety of any individual. As an emergency service we must ensure that details relating to how we conduct our enforcement investigations and subsequently the threshold for enforcement action are not released into the public domain as doing so could have wider implications, which could endanger physical safety. The Enforcement Notice is a legal requirement to which individuals once served, have the right to appeal to the Magistrates Court. 

Section 38 (1) 

The FOI Act 2000 defines the above exemption as a prejudice based qualified exemption and as such CFRS is required under the Act to articulate the harm that would be caused in supplying the information held as well as considering the Public Interest.

Public Interest Test 

In applying this exemption, we have considered the Public Interest Test as required by the Act. While we acknowledge the public interest in transparency and accountability which contributes to public understanding of our decision-making processes. We have determined that the public interest in protecting the Health and Safety of individuals outweighs the interest of disclosure in this instance. 

Harm in providing the information held.

A response under FOI is deemed to be a response to the world at large and releasing the Enforcement Notices into the public domain could result in a person using them for malicious purposes. Certain web-based services publish all online meaning that the information supplied is not restricted as it can be access by everyone.

CFRS have specially accredited Enforcement Officers who are qualified and highly experienced in Fire Safety, they are able to offer advice and assistance in accordance with the Enforcement Notices they issue and if required attend court. If these Notices were in the public domain persons who are not as qualified or experienced or who have malicious intent could advise on these notices which could endanger the Health and Safety of individuals. They could also serve these notices with malice intent on incorrect individuals which could then impact the court process / service. 

A person with malicious intent could also use them to impersonate a CFRS enforcement officer, or may clone or amend the template which could endanger the Health and Safety of individuals as they may provide incorrect or unqualified advice.