FiReControl scenario? Grandmother died of blood clot ‘after sat nav sent ambulance to wrong village’
May 27, 2010 by admin
Filed under Campaigns, FiReControl - Regionalisation of Emergency Fire Controls, News
FiReControl is heavily dependent on new technologies and software yet to be created, established or tested. The theory of FiReControl is that fire appliances (fire engines) will be sent and guided using satelite navigation, within the region, including cross border/county. However, the theory is all very well but the reality may not be quite so good for the safety of the public or Firefighters.
Everyone knows the limitations of satelite navigation, but unfortunately in emergency situations such limitations will endanger lives.
As the reported incident shows below, the possibility of fire appliances being guided to incorrect addresses as a result of the limitations of the FiReControl project ethos could have fatal consequences. Firefighters and Fire Control staff know all too well the importance of local knowledge.
Unfortunately this is not the first time there have been incidents reported of ambulances being misdirected to incorrect addresses for either emergencies or patient transport with a reliance on using satelite navigation. It is unlikely to be the last.
For the South East region, the Regional Fire Control Centre will cover nine counties (Berkshire, Buckinghamshire, Surrey, Hampshire, Isle of Wight, West Sussex, East Sussex, Kent and Oxfordshire), with a population of eight million people. Calls from other regions will also be taken by the South East Regional Control Centre (situated in Fareham), as the premise of overflow from other REgional Control Centres. Likewise, calls from the South East Region will be taken by other Region Control Centres around the country.
The FiReControl project is currently five years behind schedule and millions of pounds over budget.
‘A grandmother died after she was forced to wait 42 minutes for an ambulance which was taken to the wrong address by its sat-nav, her family has claimed.
Nora Jaques, 69, lost her fight for life just minutes before the paramedics arrived – after touring three neighbouring villages looking for the address.
Her son, Martin Benson, 49, claimed that the apparent blunder cost his mother her life.
‘Wherever the ambulance came from it doesn’t excuse taking 42 minutes to arrive. It was a 999 call,’ he said.
‘I spoke to the ambulance service the next day and they said it was the sat-nav system which had sent them to the wrong place.
‘Why don’t they use maps or turn out local paramedics? My mum was alive up to five minutes before the crew arrived.
‘All that time they lost was crucial. If they had got her to the hospital, I believe the doctors could have done something.
‘When the ambulance eventually arrived there was nothing they could do. She never made it to hospital.’
Mr Benson is considering legal action against the Yorkshire Ambulance Service, which has an eight-minute response time target for life-threatening calls.
Mrs Jaques, who leaves ten children and 17 grandchildren, fell ill at the home she shared with her other son, Leonard Jaques, in Staincross, Barnsley.
He found her collapsed in a toilet at their home at 11.20pm after he returned from a night out last Monday and dialled 999. He then fetched his sister, Janet Benson, who lives two doors away, to speak to the operator while he waited for the ambulance to arrive.’
Retained Firefighters: Pension Settlement Update
May 27, 2010 by admin
Filed under News for Members, Pensions
CIRCULAR: 2010HOC0317MW
07 May 2010
TO: ALL RETAINED BRANCHES
Cc: Brigade Secretaries
Dear Brother/Sister,
RETAINED FIREFIGHTERS: PENSION SETTLEMENT UPDATE
FBU officials and representatives of Thompsons Solicitors have been in negotiations with representatives of the Department of Communities and Local Government (CLG) trying to reach a negotiated settlement that could be recommended to members as a settlement to the issue of firefighters working the Retained Duty System gaining access to the Firefighters’ Pension Scheme.
A report was given to the Executive Council at their meeting held on 21st and 22nd April 2010 and a full discussion took place on the negotiations to date.
Regular reports have been given to the Executive Council and further meetings have taken place with representatives of the Department of Communities and Local Government (CLG). This circular highlights the areas of discussion, the outcome of the negotiation where agreement was reached and outlines the next stages of this process.
It is important to reiterate that the issues highlighted only refer to an individual who elects to become a member of the modified NFPS. It is also very important to understand the term modified NFPS. In essence an RDS members who benefits from the settlement will not actually become members of the FPS: they will have the option of becoming a member of the NFPS or to become members of the modified NFPS. Members who elect to join the modified NFPS will join a scheme that follows the design of the NFPS but the modification is to have benefits that are equivalent to FPS terms (this is referred to as the modified NFPS throughout this circular). In other words the NFPS is the vehicle for providing the pension benefits but the benefits themselves follow the FPS
Agreement has been reached on the following issues.
1. Application to join the modified NFPS
The remedy outlined will be available to ALL retained firefighters with service between 1 July 2000 and 5 April 2006, regardless of whether they have lodged a claim with an ET.
The FBU raised the issue re the case of an eligible person who died whilst in service on or before 5 April 2006. CLG suggested that the estate could be entitled to death grant of 2x pensionable pay and that no contributions would be payable. Following further negotiations it was agreed that any payment in respect of any person who had died in service in this period should reflect the potential value of a spouse’s death in service pension benefits: as the amounts would be small, it was agreed that the arrangement should be as simple as possible. Payment of a lump sum rather than a pension (similar to the arrangements for trivial commutation) is preferred.
The agreed position was that the FBU would reflect on the suitability of a figure between 2 and 3x pensionable pay and provide this to CLG. An actuarial advisor to the FBU (First Actuarial) has advised that a lump sum between 2.5 x and 3 x pensionable pay would be fair value, provided that the deceased member’s estate did not have to pay the unpaid pension contributions.
2. Benefit Structure
(i) Retirement age
Following extensive negotiations on the issue of which retirement age should be applicable to the modified NFPS it was agreed that the normal pensionable age of 55 will apply, although in line with the Firefighters’ Pension Scheme (FPS) members may retire from age 50+ with 25 years’ (qualifying) service.
CLG defended their position that a firefighter should not be entitled to reckon RDS qualifying service prior to July 2000, and therefore should not be able to claim pension at age 50 on the basis of taking into account RDS service prior to July 2000.
The FBU took extensive legal advice on this position and reported that the FBU could not challenge this position under the terms of the Employment Tribunal and advised that only service since 2000 can count for these purposes.
(ii) Accrual
The FBU were successful in achieving an accrual rate in the modified NFPS of 1.333/60th [1/45]. This is equivalent to the accrual rate for a member of the FPS who accrues a 2/3rds pension after 30 years’ service (30/45ths = 2/3rds).
(iii) Transfers in of pension benefits
•An active member will be entitled to transfer in the value of another pension, if the person has not already had an opportunity to transfer in such service following the options exercise in 2007.
•If a person has retired from the fire and rescue service, there will be no entitlement to transfer in service from another pension scheme.
•In the case of a person who has died before the settlement is implemented, there will no option for the estate to seek a transfer in.
(iv) Switching
Members who could have joined in 2006 and who did not do so will be given the option to be treated as if they did join.
Members who joined the NFPS in 2006 will be allowed to pay the additional contributions for this period and have it credited as service in the modified NFPS.
Service between 1 July 2000 and 5th April 2006 inclusive may be purchased as if on FPS terms and then “transferred” to the ordinary NFPS on the same terms as were available in 2006/7 to members of the FPS opting to join the NFPS.
Service from 6 April 2006 to the point of the settlement options exercise may be purchased on the ordinary NFPS on standard terms (i.e. on a 1/60th for 1/60th basis).
The transfer of 2000-6 service would be done once the historic contributions have been paid. If, subsequently, the member does not complete the contribution payments then the service credit will be down rated.
(v) Aggregation
It was recognised that there were a number of situations in which a firefighter might have changed duty systems without any break in service since 1 July 2000 and would be affected:
(a) Retained firefighter on or before 5th April 2006 who transferred to whole-time regular duties on or before 5th April 2006 and would already be a member of the FPS 1992. It was agreed that they will be allowed to aggregate the retained service with the regular service in the FPS 1992 – they will remain members of the FPS and will not become members of the NFPS on standard or modified terms;
(b) Retained firefighter on or before 5th April 2006 who transferred to whole-time regular duties after 5th April 2006. It was agreed that the person should have the option to be in the modified NFPS for all his/her service.
The FBU have raised a concern where an individual had two contracts simultaneously with either the same or a different employer and gave the following examples
1) If a member
•(i) is a retained firefighter before April 2006 and then
•(ii) became a whole-time firefighter after April 2006 with the same or a different FRA, their service will be treated as continuous.
Their service will all be pensionable in the modified NFPS.
2) However If they
•(i) were a retained firefighter before April 2006 and then
•(ii) became a whole-time firefighter after April 2006 with a different FRA but kept their original retained contract (i.e. they became whole-time retained)
the two contracts would be considered separately. Their second whole-time contract will be pensionable in the ordinary NFPS.
3) If they
•(i) are a retained firefighter and then
•(ii) become whole-time retained with the same FRA
then the original retained contract will be treated as continuous and their whole- time contract will be treated as pensionable in the ordinary NFPS.
The FBU felt that these people could be disadvantaged and that it would need to be looked at in more detail. In the third case outlined above (whole-time retained with the same FRA) there is a potential unfairness if the firefighter was pressurised into keeping their retained contract as a condition of being offered a whole-time contract. Thompson’s solicitors have worked with the FBU and have provided a guide for firefighters to follow to ensure that an individual is aware of a process to ensure that an individual is not disadvantaged in the way identified. This advice is being checked and will be sent to RDS members in the near future.
3. Pensionable Service
The current formula in Part 10 Rule 6(5) of the NFPS will be applied. In this instance pay is used as an approximation to derive what the member’s pensionable service should be and the formula used is:
A/B x 365 where
A = Actual pensionable pay received in that year
B = Reference pay for that year
4. Pensionable Pay
There is currently a larger discussion taking place on what elements of pay are pensionable is currently under discussion at the Firefighters’ Pension Committee and the outcome will reflect the position to be adopted for all pension schemes.
5. Preserved Pension
The FBU successfully negotiated that there would be instances whereby an individual may be eligible for a preserved pension as they had worked in the period 2000-06. This is the situation where an individual may have taken up and left employment in this period. An individual in this situation would be treated as a deferred pensioner and the benefit would be calculated in accordance with Part 3, rule 3(3), i.e. the pensionable service that the person would have received as a whole-time firefighter is calculated and then pro-rated.
6. Reduced Service Credit
A person must elect to pay contributions for all past service (i.e. from 1 July 2000 or joining the service, if later, through to the settlement options exercise including the balance of any additional contributions from 6 April 2006 to cover the difference between ordinary and modified membership of the NFPS). There will be no option to pay contributions for part of past service but elect not to pay for another part.
However if the person is paying backdated contributions by instalments and then stops paying, he/she will be credited only with the relevant proportion in accordance with Part 11, rule 7 of the NFPS.
7. Commutation
CLG proposed that the commutation rates for the modified NFPS should be fixed at 12: 1 in line with the NFPS but after strong representations by the FBU It was agreed that this would be calculated by reference to the same scale that applies in the FPS.
8. Injury Benefits
CLG took the position that the J4 award [Part 8, rule 2 of the FCS] be revoked and that retained firefighters appointed on or before 5 April 2006 be entitled to pro-rated awards on the same basis as those appointed on or after 6 April 2006. Those already in receipt of injury benefits on the basis of whole-time regular equivalence would be unaffected by the removal of protection. After taking legal advice the FBU agreed the current Rule J4 could not be defended at the Employment Tribunal but reserved the right to raise this issue in any other forum as appropriate. This was communicated separately to CLG following additional legal advice.
9. Backdated Contributions and Interest
The FBU negotiated a position whereby an individual will be afforded the option of a payment period of 10 years, or the period to normal pension age (55), whichever is the shorter to pay any backdated contributions due. Periodic contributions would be paid through payroll, where possible, and that means the person concerned will get tax credit in the normal way.
Where tax would not be recoverable by the individual, purchase of historic or past service by lump sum would reflect the fact. In case of periodic payments, if the contributions cannot be paid through payroll, individuals would be expected to recover tax from HMRC in the usual way.
Interest will be calculated on a fixed rate over the relevant period to be agreed in a similar manner to a previously used formula known as ‘Preston’. The Government Actuary’s Department will provide a proposal to be presented to the FBU.
10. Bounty
There is no effect on the bounty from these negotiations.
11. State second pension
Any issues around a second state pension will be resolved between CLG and HMRC.
12. Group Personal Pensions
Where an individual has made an agreement on a GPP it was suggested that this is not a matter for CLG or any part of the settlement of the claim.
Next Steps
The Executive Council considered the negotiated position and recommended that this remedy is accepted by FBU members. The FBU have written to the Employment Tribunal and requested that a further stay of proceedings in made to allow members to make a decision on the recommended position.
Subject to the agreement of members a blueprint of how this modified NFPS will look will need to be developed. CLG are currently working on this and will forward this to the FBU for consideration.
Ivan Walker (Thompsons) is liaising with representatives of GAD to arrive at a workable process for arriving at interest liabilities.
It is important to understand the timeframe involved. Once all the issues including the FBU concerns are agreed CLG will have to consult with other interested parties, under the usual consultation regime.
The FBU will communicate the proposal to members to get their agreement in a similar way that the conditions of service issues were dealt with.
It will then be necessary to get the relevant Statutory Instrument through Parliament but if all parties are agreed that should be a formality.
It is difficult to put an exact time on completion as much of this is subject to Parliamentary process as well as the wider consultation. Executive Council members, officials and members will be given regular updates as they become available.
Yours fraternally,
MATT WRACK
General Secretary
FiReControl and recent Government Announcements
CIRCULAR: 2010HOC0348AD
26 May 2010
TO: ALL MEMBERS
Dear Brother/Sister,
FIRECONTROL AND RECENT GOVERNMENT ANNOUNCEMENTS
Members will be aware of various reports issued by government departments at Westminster, which refer to the government’s consideration of the FiReControl Project and regionalisation more generally. Similarly, a number of members and officials have received what appears to be, positive assurances from their Member of Parliament.
Whilst we all hope that common sense will prevail, at this time no definite decision has been made whether to proceed with the project as it stands; to delay the current project; to modify the project progress with an alternative; or of course, to cease the project entirely and to maintain the current FRS-based control room organisation.
Recent government announcements on the matter are, at best, ambiguous.
FBU officials and those within the fire service community who have the best interests of the service at heart hope that the current government consideration will live up to the promises made and the positions held by the Conservative and Liberal Democrat front-benches prior to the General Election. The project should be scrapped at the earliest opportunity.
We would, of course, engage constructively with government and FRA’s about the best way to improve and protect Emergency Fire Controls.
We will ensure that we keep members informed.
Best wishes.
Yours fraternally
ANDY DARK
Assistant General Secretary