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Corporate report

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services: framework document (accessible)

Updated 31 July 2026

July 2026

Introduction and background

1.    Purpose of document

1.1   This framework document (the “framework document”) has been agreed between the Home Office and His Majesty’s Chief Inspector of Constabulary and His Majesty’s Chief Inspector of Fire and Rescue Services (HMCI) and relates to the organisation known as His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) in accordance with HM Treasury’s handbook Managing Public Money (MPM) (as updated from time to time) and has been approved by HM Treasury.

1.2   The framework document sets out the broad governance framework within which the Home Office, HMCI and the staff supporting them operate. It sets out HMCI’s corporate responsibilities, describes the governance and accountability framework that applies between the roles of the Home Office and HMCI and sets out how the day-to-day relationship works in practice, including in relation to governance and financial matters.

1.3   The document does not convey any legal powers or responsibilities but both parties agree to operate within its terms. 

1.4   Copies of the framework document and any subsequent amendments will be placed in the libraries of both Houses of Parliament and made available to members of the public on the HMICFRS website. This is iteration 1 of the document, published in July 2026.

Machinery of Government – Fire Policy

1.5   The Machinery of Government transfer of fire policy from the Home Office to Ministry of Housing, Communities and Local Government (MHCLG) announced in the Prime Minister’s Written Ministerial Statement on 13 February 2025, took effect from 1 April 2025. The Written Ministerial Statement stated that the Home Office will remain responsible for the sponsorship of HMICFRS.

1.6   This change followed a recommendation from the Grenfell Tower Inquiry Second Report, published on 4 September 2024, that “the government bring responsibility for the functions relating to fire safety currently exercised by MHCLG, the Home Office and the Department for Business and Trade into one department under a single Secretary of State”. 

1.7   Formal sponsorship of HMICFRS will remain in the Home Office. Therefore, the framework document will operate between the Home Office and HMICFRS only.  A Memorandum of Understanding (MoU) signed by Home Office and MHCLG Ministers enables MHCLG to take the policy lead in relation to fire policy.  The MoU which sets out how the Home Office and MHCLG will work together in relation to the sponsorship of HMICFRS, can be found at Annex B.

1.8   This framework document should be reviewed and updated at least every three years unless there are exceptional reasons that make this inappropriate that have been agreed with HM Treasury and the Principal Accounting Officer (PAO) of the Home Office.

1.9   Minor, routine changes will be managed and reflected in the framework document on a year-to-year basis by correspondence if the Home Office (in consultation with MHCLG) and HMCI agree.

1.10   An earlier review can be triggered by any one of the following events:

  • a significant change in government policy relating to the affairs of HMCI; where the Home Office, MHCLG and HMCI has reason to seek a change to the framework document; or
  • a change to the MoU agreed between HO and MHCLG

Any newly appointed HMCI or Home Office Permanent Secretary can request a review at any point.

1.11   Any review of this framework document should be undertaken by the Home Office, MHCLG and HMCI. The resulting document should be published to replace this version.

2. Objectives

2.1   The Home Office, MHCLG, HMCI and the staff supporting them share the common objective of helping to improve policing and fire and rescue services for the public through delivery of the independent police and fire and rescue services inspection programmes, frameworks and associated inspection activity. To achieve this, HMCI, His Majesty’s Inspectors (HMIs), HMICFRS Chief Operating Officer (COO), and staff working in HMICFRS, the Home Office and MHCLG will work together in recognition of each other’s roles, respective independence and areas of expertise.

2.2   All parties aim to have an effective operating environment for HMCI to achieve their objectives as agreed with the Home Office and MHCLG. This is delivered through the promotion of partnership, trust and ensuring that the work of HMICFRS contributes to the Home Office and MHCLG Outcome Delivery plans. This also ensures that the work of HMICFRS is consistent with government policy on the inspection of policing and fire and rescue services.

3. Classification

3.1   HMICFRS has not been administratively classified by the Cabinet Office.[footnote 1]

3.2   HMICFRS is a term used for the collective staff (civil servants, seconded police officers and staff, and seconded fire and rescue services officers and staff) and others working to support HMCI and HMIs.

3.3   HMCI and HMIs are public office holders appointed independently of each other by His Majesty the King. They are independent of government and the sectors they inspect.

3.4   HMCI is the designated controller under the Data Protection Act 2018 and registered with the Information Commissioner’s Office (ICO) in that function. This means that HMCI is an independent and separate controller from the HO and is accountable for all processing for personal data under their authority by all personnel regardless of their classification or originating department.

Purposes, aims and duties

4. Purposes

4.1   HMCI is a public office holder whose principal purpose is independently to inspect and report on the efficiency and effectiveness of police forces in England and Wales and fire and rescue authorities in England. They work in the public interest. In doing so, HMCI acts as a principal source of independent and impartial advice to the Home Secretary, MHCLG Secretary of State and Ministers on policing and fire and rescue services.

4.2   HMCI is also responsible and accountable to the Home Office PAO for the effective and efficient leadership and management of the organisation known as HMICFRS. These functions are carried out in conjunction with, or delegated to, the COO of HMICFRS as the most senior civil servant working in the inspectorate. HMCI is ultimately responsible for all activities set out in this framework document.  

4.3   HMICFRS was established under the County and Borough Police Act 1856, which made provision for the appointment and functions of inspectors of constabulary. That legislation was replaced principally by the Police Act 1996 and the Police Reform and Social Responsibility Act 2011. The primary statutory responsibility in respect of policing of HMIs is to inspect and report on the efficiency and effectiveness of the 43 territorial police forces in England and Wales (Police Act 1996, section 54(2)).
4.4   In July 2017, the remit of HMIs was extended to include inspections of England’s fire and rescue services as part of the Government’s fire reform programme announced in 2016. The Policing and Crime Act 2017 amended the Fire and Rescue Services Act 2004 to create this jurisdiction. HMIs therefore also inspect and report on the efficiency and effectiveness of fire and rescue authorities in England (Fire and Rescue Services Act 2004, section 28A(3)).

4.5   On 1 November 2018, the police super-complaints system started. Established by the Policing and Crime Act 2017, it brings together the three policing oversight bodies: HMICFRS, the College of Policing and the Independent Office for Police Conduct. Super-complaints are complaints about a feature, or combination of features, of policing in England and Wales  which is, or appears to be, significantly harming the interests of the public. Each body contributes its expertise and experience and has joint responsibility for taking decisions about super-complaints.

4.6   HMIs also has specific inspection responsibilities regarding other non-Home Office forces and agencies. Annex A includes a full list of the legislation under which HMIs act.

4.7   HMIs may inspect forces in British Crown Dependencies and British Overseas Territories. These inspections are requested by the relevant dependency or overseas territory, or the Foreign, Commonwealth & Development Office.

5. Strategic objectives

5.1   HMICFRS’s strategic objectives are to:

  1. focus on public value;

  2. adopt a smarter system approach;

  3. capitalise on its independent insight and learning; and

  4. be more proactive in responding to major changes (in policing and fire and rescue services jurisdictions).

6. Independence, powers and duties

6.1   HMCI and HMIs operate independently of government, police and fire and rescue services, and other bodies they inspect. This independence is upheld in their inspection planning, delivery, findings and judgments. Nothing in this document restricts or intends to restrict in any way or to any extent the independence of HMIs. HMIs are also appointed independently of each other, although they have a collective responsibility, along with the COO, to work together as the Strategic Board of HMICFRS.

6.2   The substantive independence of the Inspectors of Constabulary and the Inspectors of Fire and Rescue Services is ensured because:

  • they are appointed by the Crown;
  • Ministers do not have the power to remove them, except in the limited circumstances set out in their terms of appointment, which are not subject to unilateral change;
  • there are no political or other irrelevant criteria in the judgments that they are required to, or have discretion to, make; and
  • Ministers do not have the power to intervene in or direct their substantive affairs, other than as specifically provided for in legislation.

6.3   HMCI’s and HMIs’ statutory duties and functions are to:

  • inspect and report on the efficiency and effectiveness of every police force maintained for a police area in England and Wales (known as the PEEL (Police Effectiveness, Efficiency and Legitimacy) inspection programme);
  • inspect and report on the efficiency and effectiveness of fire and rescue authorities in England (known as the FRS inspection programme);
  • carry out their statutory functions in relation to the inspection of other police forces and agencies;
  • inspect other jurisdictions on a voluntary basis;
  • in consultation with the Secretary of State, carry out inspections not set out in the inspection programmes;
  • carry out an inspection of a police force maintained for any police force area at the request of the Secretary of State or local policing body for that area;
  • carry out an inspection of one or all fire and rescue authorities in England at the request of the MHCLG Secretary of State;
  • publish the reports they prepare, except where the inspectors believe that to do so would be against the interests of national security or might put anyone in danger;
  • submit to the Secretary of State, HMCI’s report on their police inspections for each year, including their assessment of the effectiveness and efficiency of policing in England and Wales (known as the annual State of Policing report) and arrange for the laying of a copy of the report before Parliament;
  • submit to the MHCLG Secretary of State, HMCI’s report on their fire and rescue services inspections for each year, including their assessment of the effectiveness and efficiency of fire and rescue authorities in England (known as the annual State of Fire report) and arrange for the laying of a copy of the report before Parliament; and
  • carry out such other duties for the purpose of furthering the efficiency and effectiveness of police and fire and rescue services as the Secretaries of State at Home Office and MHCLG may from time to time direct.

Governance and accountability

7. Governance and accountability

7.1   HMCI operates corporate governance arrangements in line with good corporate governance practice as set out in the Corporate governance code for central government departments: code of good practice (“the Code”).

7.2   HMCI provides assurance to the Home Office and MHCLG in relation to corporate governance, risk management and financial management, for inclusion in the Home Office and MHCLG annual report and accounts. HMCI will do this principally through the COO and the Senior Sponsor by:

  • informing the Home Office and MHCLG of progress in achieving HMCI’s and HMIs’ statutory functions and setting out how resources have been used to achieve those objectives;
  • providing financial transparency and efficiency;
  • making sure that timely forecasts and financial monitoring information are given to the Home Office monthly.  The Home Office ensures that this information is shared with MHCLG at monthly finance meetings that take place post the transfer of fire inspection funding to the Home Office
  • making sure the Home Office and MHCLG are notified promptly if overspends or underspends are likely, so that pressures or surpluses are managed with the Home Office and MHCLG and corrective action is taken;
  • making sure that the Home Office is given operational performance information which the Home Office shares with MHCLG; and
  • making sure the Home Office and MHCLG are notified immediately of any significant risks, whether financial or otherwise (including legal challenge), with lower risks being notified monthly.

7.3   The notification of risks to the Home Office and MHCLG applies primarily to risks associated with the operation of HMICFRS, so it does not affect the independence of its inspection activity.   

7.4   HMCI will provide to the PAO an assessment of their compliance with the principles and provisions of the Code. If HMCI does intend materially to depart from the Code, the Home Office and MHCLG should be notified in advance and the individual issues should be discussed between the parties.

Role of the Home Office and MHCLG

8. Role of the Department

The responsible Minister

8.1   The Home Secretary and MHCLG Secretary of State are accountable to Parliament for all matters concerning the work of HMCI, HMIs and HMICFRS. This reflects the sponsorship role and does not extend to inspections commissioned by other government departments (OGDs) using the powers cited in Annex A.

8.2   The Secretaries of State’s statutory powers in respect of HMICFRS’s work are principally set out in:

  • for policing - The Police Act 1996 and The Police Reform and Social Responsibility Act 2011, and
  • for FRS - The Fire and Rescue Services Act 2004

8.3   As set out in section 54(2B) of the Police Act 1996, the Secretary of State – in practice, the Home Secretary - may require HMCI to carry out an inspection of a police force maintained for any police area. There may be a requirement for the inspection to be confined to a particular part of the force in question, to particular matters or to particular activities of that force.

8.4   Under section 28A(3) of the Fire and Rescue Services Act 2004, the Secretary of State – in practice, the MHCLG Secretary of State - may at any time direct the Inspectors of Constabulary and Inspectors of Fire and Rescue Services to carry out an inspection of one or all fire and rescue authorities in England. The requirement may limit the inspection to a particular matter.

8.5   The Home Secretary and MHCLG Secretary of State must receive copies of published reports that are prepared under section 54 of the Police Act 1996, and section 28A(3) of the Fire and Rescue Services Act 2004 respectively and be advised of any exclusions from these on the grounds of national security or jeopardy to the safety of any person.    

8.6   The Home Secretary must be consulted on and approve HMCI’s inspection programme and framework for policing prior to it being laid before Parliament (Police Act 1996, Schedule 4A).

8.7   Similarly, approval by the MHCLG Secretary of State of HMCI’s inspection programme and framework for fire and rescue authorities in England will be required before HMCI can act in accordance with it (Fire and Rescue Services Act 2004, Section 28A).

Appointment of HMCI and HMIs

8.8   His Majesty the King may appoint a number of inspectors (to be known as His Majesty’s Inspectors of Constabulary and His Majesty’s Inspectors of Fire and Rescue Services) as the Secretary of State determines, with the consent of the Treasury. Of the people appointed, one may be designated as His Majesty’s Chief Inspector of Constabulary and His Majesty’s Chief Inspector of Fire and Rescue Services. This appointment is subject to the Public Appointments Order in Council and must comply with the Governance Code on Public Appointments.

8.9   Appointments shall be for a fixed period of no longer than five years and may be full or part time. In line with the Commissioner for Public Appointments (OCPA) Governance Code, no person should hold office as an HMI for a continuous period longer than ten years. 

8.10   Under section 56 of the Police Act 1996 and under section 28A(5) of the Fire and Rescue Act 2004, HMCI may appoint Assistant Inspectors of Constabulary and Assistant Inspectors of Fire and Rescue Services. Anyone appointed under these sections shall be paid a salary and allowances as the Home Secretary determines, with the consent of the Treasury.

8.11   All appointments should follow the principles of the Public Sector Equality Duty and reflect the diversity of the society we live in. Appointments should take account of the need for individuals with a balance of skills and backgrounds.

8.12   Matters of conduct, including raising and responding to grievances, and the investigation of complaints by or against HMIs, are subject to specific arrangements, documented elsewhere.

9. The Principal Accounting Officer

9.1   The Principal Accounting Officer (PAO) is the Permanent Secretary of the Home Office.

PAO’s specific accountabilities and responsibilities

 
9.2   The PAO of the department designates the Chief Operating Officer (COO) as the Inspectorate’s Additional Accounting Officer (AAO) and must ensure that they are fully aware of their responsibilities. The PAO must issue a letter appointing the AAO, setting out their responsibilities and delegated authorities.

9.3   The respective responsibilities of the PAO and AAO for the Inspectorate are set out in Chapter 3 of MPM.

9.4   The PAO is accountable to Parliament for the issue of any grant-in-aid to the Inspectorate.

9.5   The PAO may delegate the activities required to carry out their responsibilities to an appropriate senior official within the Home Office, however accountability remains with the PAO. This official acts as Senior Sponsor to HMICFRS. Where these responsibilities are delegated to a Senior Sponsor, the PAO does so based on the continuing assurances provided by the Senior Sponsor, supported by HOSU, policy officials and corporate officials. The Senior Sponsor is currently the Director General of Public Safety Group.
9.6   The Senior Sponsor is responsible for ensuring that:

  • through the Home Office Sponsorship Unit (HOSU) and the relevant policy area, the AAO at HMICFRS has the appropriate delegations and authorities, and that they receive timely updates about developing Home Office or government policy that may affect the work of HMICFRS;
  • they advise Ministers on the role, operational performance and resourcing of HMICFRS in the context of wider Home Office or government objectives;
  • they regularly meet HMCI and the COO to discuss performance against objectives, including financial outturn;
  • operational performance data is sufficient to provide a view of the health of the operation of HMICFRS and is collected and, where necessary, integrated into Home Office performance systems;
  • through HOSU, there is compliance with the standards of cooperation and accountability set out in the MoU between the Home Office and MHCLG. HOSU must maintain and support an effective working relationship with MHCLG, in line with the governance arrangements established by this Framework Document.

9.7   The PAO is also responsible for advising the responsible Minister on:

  • an appropriate framework of objectives and the contribution that HMICFRS makes to the Home Office’s Strategic Delivery Plan and wider strategic aims and priorities;
  • an appropriate budget for HMICFRS’s work that reflects the Home Office’s overall public expenditure priorities;
  • how well HMICFRS’s work is achieving its strategic objectives and whether it is managing its available resources through annual overview of its performance by the Senior Sponsor; and
  • the exercise of Ministers’ statutory responsibilities concerning HMICFRS’s work as outlined above.

9.8   The PAO, supported by the Senior Sponsor and HOSU, is also responsible for making sure that arrangements are in place to:

  • allow the Senior Sponsor to have oversight of the COO’s performance through HMCI (as line manager) managed within the Home Office performance management arrangements;
  • in consultation with HMCI and the COO and the staff supporting them and MHCLG, address significant concerns with performance, governance or financial management, and make sure any necessary interventions are in line with the requirements set out in the Cabinet Office guidance on arm’s length bodies (ALBs) and MPM;
  • periodically, and at a frequency proportionate to the level of risk, carry out an assessment of the risks to the Home Office, MHCLG and the Inspectorate;
  • keep the COO up to date on relevant government and Home Office policy, as well as on ALB matters; and
  • in consultation with the COO and the staff supporting them, bring any Ministerial or departmental concerns about how HMICFRS is run to the attention of the Home Office performance and risk committee or departmental board, seeking explanations and assurances that appropriate action has been taken.

10. The role of the Sponsorship Unit and relevant Home Office and MHCLG policy teams

Home Office Sponsorship Unit (HOSU)

10.1   HOSU is the primary contact for the Senior Sponsor, HMCI and the COO in relation to the day to day running of the Inspectorate and the assurance required by the PAO. The Head of HOSU is the responsible senior civil servant for day-to-day management of this relationship. They are the main source of advice to the responsible Minister on the discharge of their responsibilities in regarding the corporate governance of HMICFRS. They also support the PAO on their responsibilities toward HMICFRS.

10.2   HOSU staff should liaise regularly with HMICFRS officials and the COO to review operational performance and risk against plans, achievement against targets and expenditure against HMICFRS’s financial allocations.
10.3   HOSU staff should also take the opportunity to explain wider policy developments that might have an effect on HMCI. The teams should work closely together to make sure that HMICFRS effectively carries out its functions. This sponsorship engagement should be guided by the principles set out in the Arm’s length body sponsorship code of good practice.

10.4   HOSU should support the Home Office’s relationship with senior leaders and appointees in HMICFRS, as well as managing the delivery of all public appointments for the Home Office. HOSU should provide support and challenge on HMICFRS’s delivery against its business plans, as well as providing oversight of finance and governance between the Home Office, MHCLG and HMCI. HOSU should focus on the funding that the Home Office provides and how that is used and accounted for.

10.5   HOSU should support HMICFRS to achieve its aims by providing advocacy when requested and interceding with the Home Office and OGDs on its behalf.

10.6   HOSU should promptly pass on to HMICFRS all commissions and requests for information. If and when HMCI needs to explain to the Home Office that their position is necessarily different from the Home Office’s position, HMCI should make clear why the position is different. HOSU should, on behalf of the Senior Sponsor, in turn, engage with the relevant different business area(s) and work with the Senior Sponsor in the Home Office to explain why HMCI’s position is necessarily different from the Home Office.

10.7   HOSU should regularly liaise with MHCLG sponsorship officials, following the transfer of fire policy to MHCLG on 1 April 2025, to ensure that they are fully and effectively consulted and sighted on governance and financial matters relating to HMICFRS.

Police Performance and Capabilities Directorate

10.8   The Police Performance and Capabilities Directorate (PPCD) has primary departmental responsibility for the relationship with HMICFRS’s police inspection programme and framework for England and Wales and its PEEL assessment framework (PAF) for the 43 police forces in England and Wales. The Senior Sponsor for this relationship is the Director General of the Public Safety Group.  Responsibilities include coordinating input from police and crime policy teams to inform advice to Ministers regarding consultations on:

  • proposals and priorities for HMICFRS’s police inspection programme and framework, including thematic and rolling programmes such as child protection inspections;
  • ultimately securing Home Secretary approval for an agreed police inspection programme and framework to be laid in Parliament and published;
  • the all-force PEEL inspection programme; and inspection proposals developed by the Criminal Justice Joint Inspectorates

10.9   PPCD also leads on the Home Office engagement in HMICFRS’s force improvement process, including the Monitoring Group and any other successor bodies constituted for a similar purpose.

10.10   PPCD oversees and manages the implementation for the Home Office of a new performance system, including the implications of this framework for HMICFRS.

10.11   PPCD supports the provision of advice to the Home Secretary on the use of their inspection commissioning powers (section 54 of the Police Act 1996) and in respect of any HMICFRS proposals for new inspections or amendment to the agreed police inspection programme and framework.  PSPID leads on the provision of Ministerial advice on:

  • PEEL inspection outcomes for individual forces; and
  • HMCI’s annual State of Policing report.

10.12   In the event HMICFRS proposes that the Home Secretary should consider using the backstop powers available under section 40 of the Police Act 1996, PPCD will coordinate the Home Office advice to the Home Secretary on the recommendation made by the HMCI.

Fire Directorate

10.13   The Fire Directorate has primary departmental responsibility in the Ministry of Housing, Communities & Local Government (MHCLG) for HMICFRS’s fire inspections programme and framework for England and holds a key policy relationship with HMICFRS covering the 44 fire and rescue authorities. This includes coordinating input from fire and other relevant policy teams to inform advice to Ministers on:

  • approving proposals and priorities for HMICFRS’s fire and rescue authorities inspection programme and framework;
  • ultimately securing the Secretary of State’s approval for items that are published; and
  • the commission of additional thematic inspections when needed.

10.14   The Fire Directorate works closely with HMICFRS and supports the provision of advice to the Secretary of State in MHCLG. This includes feeding back views on the inspection framework and its ability to provide assurance on important issues, the sector’s performance against fire standards and other important factors for change. The Fire Directorate leads on the provision of Ministerial advice on:

  • inspection outcomes for individual fire and rescue authorities; and
  • HMCI’s annual State of Fire report.

10.15   The Fire Directorate also leads on the MHCLG’s participation in HMICFRS’s service monitoring and improvement processes, which currently includes the Fire Performance Oversight Group (FPOG). This group considers how services are working to address any causes of concern issued to them, and signposts further support options to them. The Fire Directorate also works closely with the inspectorate to understand the overall direction of sector improvement.

Responsibilities of His Majesty’s Chief Inspector

10.16   HMCI, as a public office holder, together with the COO, is accountable to the PAO for ensuring the efficient and effective operation of the inspectorate and the proper use of funds delegated to them. The PAO retains ultimate responsibility for safeguarding public funds ensuring propriety, regularity, value for money and feasibility in accordance with HM Treasury standards and the Home Office budget delegation letter.

10.17   The PAO, supported by the Senior Sponsor and HOSU, also has overall responsibility for ensuring arrangements are in place to:

  • monitor HMCI’s activities and performance;
  • address significant issues with HMCI, making such interventions as are judged necessary;
  • periodically carry out an assessment of the risks both to the Home Office and the organisations objectives and activities in line with the wider departmental risk assessment process; and
  • inform HMCI of relevant government policy in a timely manner bringing ministerial or departmental concerns about the activities of HMCI, to EXCO and, as appropriate, to the departmental board, requiring explanations and assurances that appropriate action has been taken.

10.18   In addition, HMCI has the following leadership responsibilities:

  • working with Board members to formulate HMICFRS’s strategy;
  • ensuring that HMICFRS’s Strategic Board takes proper account of guidance provided by the Home Secretary, Home Office and MHCLG in reaching financial decisions;
  • promoting the efficient and effective use of staff and other resources;
  • attaining and maintaining high standards of regularity and propriety; and
  • representing the views of HMICFRS’s Strategic Board to the public.

10.19   HMCI also has an obligation to ensure that:

  • the work of HMICFRS’s Strategic Board is reviewed and its members are working effectively;
  • the HMICFRS Strategic Board can access a balance of skills appropriate to directing HMICFRS’s business, as set out in the Corporate governance in central government departments: code of good practice;
  • HMICFRS’s Strategic Board members are fully briefed by the COO on appointments, duties, rights and responsibilities;
  • HMICFRS’s Strategic Board members receive appropriate training on financial management and reporting requirements;
  • the Home Secretary is advised of HMICFRS’s needs when HMI vacancies arise; and they assess the performance of individual HMICFRS Strategic Board members annually.

Responsibilities of the Chief Operating Officer (COO)

HMICFRS COO as Additional Accounting Officer

10.20   The COO as AAO is personally responsible for safeguarding the public funds for which they have charge; for ensuring propriety, regularity, value for money and feasibility in the handling of those public funds; and for the day-to-day operations and management of the Inspectorate. In addition, they should ensure that the Inspectorate is run in compliance with the standards in terms of governance, decision-making and financial management, that are set out in Box 3.1 of MPM. These responsibilities include the below and those that are set in the AO appointment letter issued by the PAO of the relevant department.

10.21   The COO is responsible to HMCI for:

  • leading the day-to-day running of the inspectorate, including delegated finances, managing operational risks and overseeing the operational requirements of HMICFRS’s programmes of inspection work;
  • overseeing organisational governance, ensuring the inspectorate is operating effectively, with appropriate transparency and demonstrates best practice; and
  • leading the delivery of HMICFRS’s organisational transformation programme.

10.22   In respect of this framework document, the COO is responsible to HMCI for:

  • advising HMICFRS’s Strategic Board on the discharge of its responsibilities as set out in this document, in the founding legislation and in any other relevant instructions and guidance that may be issued from time to time;
  • advising the Strategic Board on HMICFRS’s performance compared with its aim(s) and objectives;
  • making sure that financial considerations are taken fully into account by HMICFRS’s Strategic Board at all stages in reaching and executing its decisions, and that financial appraisal techniques are followed;
  • managing and mitigating risk;
  • making sure that the conduct of the affairs of HMICFRS are carried out in line with the requirements set out in this framework, and
  • making sure that the conduct of those working in HMICFRS follow the Nolan Principles, the Civil Service code and regulations covering seconded staff. Where concerns are raised about any request made of civil servants that may breach the civil service code, the COO has a responsibility to prevent this from happening, or to report these concerns to the Senior Sponsor if they are unable to resolve them.

Structure of the HMICFRS Board and members’ responsibilities

10.23   To conduct their affairs conveniently and efficiently, the Inspectors of Constabulary and the Inspectors of Fire and Rescue Services have established a robust and proportionate mechanism known as the HMICFRS Strategic Board. The Board provides a forum for effective decision-making and assurance on financial matters, risk management, governance, and internal controls. A quorum, defined as 50% of members including HMCI or their delegate, must be present for decisions to be valid. However, the Strategic Board does not have a statutory basis or statutory authority; ultimate accountability remains with the HMCI and the COO/Additional Accounting Officer.

10.24   Members of HMICFRS’s Strategic Board bear an individual and collective responsibility for the effective leadership of the organisation, and for playing a full part in decision-making and corporate governance in the spirit of the requirements set out for Board members in the Code of Conduct for Board Members of Public Bodies.

HMICFRS internal meeting structure

10.25   HMICFRS has three decision-making meetings: the Strategic Board, the Corporate Board and the Inspection Board. The Corporate Board and Inspection Board are sub-Boards of the main Strategic Board.

10.26   The Strategic Board is chaired by HMCI. Other members of the Strategic Board are all HMIs and the COO. It meets monthly. The purpose of the Strategic Board is to make decisions of the most strategic importance to HMICFRS, including but not limited to:

  • the development and implementation of the inspectorate’s strategy and performance against HMICFRS’s strategy;
  • the development and implementation of the annual inspection programmes and frameworks;
  • matters that pose the most significant risk to the inspectorate;
  • the most significant issues arising from inspection activity;
  • the annual budget, expenditure and value for money;
  • the workforce strategy and matters relating to the welfare of inspectorate staff; and
  • HMICFRS’s relationships with its most significant interested parties.

10.27   If the Strategic Board cannot reach a consensus in its decision-making, HMCI, as statutory office holder with executive powers will assume the role of the executive decision-maker.

10.28   The Corporate Board makes decisions related to the running and management of the inspectorate, including but not limited to:

  • annual budgeting and in-year financial monitoring and control;
  • the workforce strategy, including recruitment and retention, training and development, and staff wellbeing;
  • procurement, estates, technology, etc; and
  • regulatory compliance, including risk, data protection, the public service equality duty, etc.

10.29   The Corporate Board is chaired by the COO and meets monthly. Other members are one other Strategic Board member (an HMI), civil servants leading all corporate areas across the inspectorate and the heads of all inspection portfolios. The membership of the Corporate Board should include HOSU’s Head of Unit (or their delegated deputy).

10.30   The Inspection Board makes decisions on matters related to inspection, including but not limited to:

  • inspection design and methodology;
  • inspection policy and guidance;
  • inspection planning and resourcing;
  • changes to inspection programmes;
  • delays or changes to inspection activity; and
  • the monitoring of recommendations.

10.31   The Inspection Board is chaired by an HMI and meets monthly. Other members are one other Strategic Board member (the COO), the heads of all inspection portfolios, the chiefs of staff to HMIs and civil servants leading the relevant corporate areas across the inspectorate. To maintain the independence of HMICFRS’s inspections and any related activity, external representatives, including from the Home Office, will not attend this meeting.

10.32   Board decisions are published internally shortly after each meeting, together with a rationale for the decisions made. Chairs of the Corporate Board and the Inspection Board each report monthly to the Strategic Board, including on decisions made at each Board. Each Board can make decisions in its own right, but the Strategic Board retains the right to question or reconsider any decision made by the Corporate Board or the Inspection Board where it considers this to be appropriate.

HMICFRS, MHCLG and Home Office meetings

10.33   The Home Secretary and Secretary of State at MHCLG should meet HMCI (jointly or separately) to discuss the inspectorate’s progress against its strategic objectives. They shall also meet more frequently, if requested by either party, to discuss any other matters relating to the performance of forces and fire and rescue services, and the work of HMIs.

10.34   The PAO should also meet with HMCI quarterly. At least once a year, this meeting will be used to review the operational performance of the inspectorate in line with requirements set out in MPM, and for the purposes of HMCI’s performance management.

10.35   HOSU should meet the COO and HMICFRS senior staff responsible for the day to day running of the organisation at least monthly. A quarterly senior sponsorship meeting involving participants from HMICFRS, HOSU central Home Office teams including Policy, Finance and HR and MHCLG Fire policy colleagues will take place.

10.36   HOSU’s Head of Unit and the Senior Sponsor should meet with HMCI and the COO every six months, and HMCI or COO should meet the relevant HO and MHCLG directors as required to discuss issues related to police and FRS respectively.

10.37   The Senior Sponsor and the relevant senior leadership team of the Public Safety Group should meet the HMICFRS Strategic Board as and when requested.

11. Resolution of disputes between HMCI, the Home Office and MHCLG

11.1   Any disputes between the Home Office, MHCLG and HMCI, including about this framework document, should be resolved as promptly as possible. HOSU and the COO will seek to resolve any disputes through an informal process in the first instance. If this is not possible, then a formal process, overseen by the Senior Sponsor, will be used to resolve the issue. Failing this, the Senior Sponsor will ask another Director General to oversee the dispute. They may then choose to ask the Permanent Secretary to nominate a non-executive member of the Departmental Board to review the dispute, mediate with both sides and reach an outcome, in consultation with the Secretary of State. All disputes and decisions will be documented, and the parties will ensure that statutory duties and operational delivery continue during the resolution process.

12. Freedom of information and data protection requests

12.1   Where a request for information relating to HMICFRS or its work is received by either party under the Freedom of Information Act 2000, the receiving party will remain responsible for compliance with its statutory obligations. The receiving party will promptly consult the other party before disclosing any information that may affect the other party’s responsibilities or interests. Such consultation must be documented and completed within the statutory response period of 20 working days. Both parties will consider applicable exemptions and confidentiality provisions and ensure that any disclosure is lawful, proportionate and consistent with ICO guidance and relevant data sharing agreements.

12.2   Where a request for information relating to HMICFRS or its work is received by either party under the Data Protection Act 2018, the controller will remain responsible for compliance with its statutory obligations. The receiving party will promptly notify and consult the controller before disclosing any information that may affect the other party’s responsibilities or interests. Such consultation must be documented and completed within the statutory response period of one month. Both parties will consider applicable exemptions and confidentiality provisions and data protection principles, and ensure that any disclosure is lawful, proportionate and consistent with ICO guidance and relevant data sharing agreements.

HMICFRS governance arrangements

13.  Complaints and litigation

13.1   HMCI should provide HOSU with quarterly updates on any active litigation, as well as any threatened or reasonably anticipated litigation. Both parties acknowledge the importance of timely and appropriate communication of the legal risks to ensure effective risk management and compliance with governance obligations.

13.2   For each substantial piece of litigation involving HMCI, the parties will agree a litigation protocol that will include specific provisions to ensure appropriate and prompt reporting on the status of the litigation and the protection of legally privileged information transmitted to HOSU to help achieve this. Until a protocol is agreed, the parties will ensure that:

  • material developments or urgent risks in the litigation are communicated by HMCI to HOSU appropriately and promptly;
  • legally privileged documents and information are clearly marked as such and handled in compliance with the Data Protection Act 2018 (DPA) and security protocols;
  • individual staff handling legally privileged documents are familiar with the principles they must adhere to protect/safeguard legal privilege;
  • circulation of privileged information within government occurs only as necessary, and always protect the privilege of the documents;
  • where complaints relate to HMCI, HMIs or matters within their remit, that these are managed under HMICFRS policy, which is separate from this Framework and subject to periodic review; and
  • HMCI manages litigation arising from HMICFRS’s operational activities and will keep the Government Legal Department informed if any proceedings are issued against them and the progress of any such proceedings.

Management and financial responsibilities and controls

14.  Spending authority

MPM and other Government-wide corporate guidance and instructions

14.1   The HMCI as Statutory Office holder will make choices around objectives and prioritisation of the Inspectorate’s activities. The principal work of the Inspectorate is set out in Inspection Programmes and Frameworks laid before parliament.

14.2   The COO, as AAO, receives delegated authority for HMICFRS finances and is personally accountable to the PAO at the Home Office for the proper use of public funds. This includes ensuring propriety, regularity, value for money and compliance with HM Treasury’s Managing Public Money principles. The Budget Delegation Letter, issued on behalf of the PAO by the Senior Sponsor via HOSU, sets out the scope of this delegation. While operational tasks may be delegated, the COO’s personal accountability cannot be delegated. The COO must maintain accurate records, report financial performance to the PAO and escalate any significant financial risks promptly.

14.3   HMCI and the COO (as AAO) share responsibility for the allocation of resources to deliver HMICFRS’s objectives, ensuring alignment with strategic priorities set by Ministers and the Home Office. This relationship reflects the principle of accountability between the Home Office Permanent Secretary and the relevant Ministers, including the Home Secretary, while remaining subject to MPM and Home Office financial governance policies. The COO, as AAO, retains personal accountability for the proper use of public funds, and both HMIC and the COO must ensure that resource allocation supports efficiency, effectiveness and value for money.

14.4   Unless otherwise agreed by the Home Office and, where necessary, HM Treasury, the AAO will comply with the principles, rules, guidance and advice in MPM, and seek advice as appropriate.  Any difficulties or potential requests for exceptions must be referred to HOSU in the first instance.

14.5   Once the Home Office has delegated the budget (and subject to any restrictions imposed by statute, the Home Secretary’s instructions, this document, HM Treasury’s settlement or budget/delegation letters), the AAO as budget holder, will have authority to commit expenditure with third-party suppliers. This authority must be exercised in accordance with the Home Office Commercial Governance and Assurance Framework, and relevant procurement regulations, and does not require further reference to the Home Office, provided the following conditions are met:

  • the AAO, as budget holder, will comply with the delegations and Financial Transaction Limits set out in the prevailing Budget Variation letter. These delegations shall not be altered without the prior agreement of the Home Office as they are previously agreed by HM Treasury and Cabinet Office;
  • the AAO, as budget holder, will comply with MPM regarding novel, contentious or repercussive proposals;
  • inclusion of any planned and approved expenditure in the budget does not remove the need to seek formal departmental approval where any proposed expenditure is outside the delegated limits or is for new schemes not previously agreed; and
  • the AAO, as budget holder, will provide the Home Office with information about its operations, performance, individual projects or other expenditure that the Home Office may reasonably require.

14.6   The oversight of expenditure against budget delegation is the responsibility of the Home Office’s Finance Business Partnering team, who work with HOSU on all financial matters.

Managing Public Money and ministerial directions

14.7   If the AAO considers that a proposed transaction would breach the requirements of propriety or regularity or fail to represent prudent or economical administration, efficiency or effectiveness, be of questionable feasibility, or be unethical, they must reject that course of action. At the request of the HMCI, the AAO will discuss any proposed direction with the PAO, and if appropriate with Ministers, setting out the reasons for rejection and any alternative proposed courses of action. In the event the AAO received a written direction from the Strategic Board and / or HMCI, the AAO will inform the PAO, the Comptroller and the Auditor General.

14.8   If the HMCI is unwilling to request that the AAO seeks a Ministerial direction, then the transaction cannot occur.  The HMCI must then be given an opportunity to explain this rationale to the Minister.

14.9   If the Minister then agrees with the rationale behind the rejection and any new course of action, it may be appropriate for the Minister to direct the HMCI in the manner as set out in MPM paragraph 3.6.6 onwards.

14.10   If a rationale is legally mandated, the AAO is bound to comply with the law, and a Minister cannot direct the AAO to breach the law.

14.11  In the event that actions taken by the AAO and the HMCI breach the accounting officers’ standards expected of accounting officers, the HMCI and the COO must escalate the matter to the PAO without delay. The PAO will review the issue, determine an appropriate course of action and seek ministerial direction, if necessary, in accordance with MPM.

Banking and managing cash

14.12   HMICFRS must maximise the use of publicly procured banking services (accounts with central government commercial banks managed centrally by Government Banking).

14.13   HMICFRS should only hold money outside Government Banking Service accounts where a good business case can be made for doing so and HM Treasury consent is required for each account to be established. Only commercial banks which are members of relevant UK clearing bodies may be considered for this purpose.

14.14   Commercial accounts where approved should be operated in line with the principles as set out in MPM.

14.15   The AAO is responsible for ensuring HMCI has a banking policy as set out in MPM and ensuring that policy is complied with.

15. Budgeting procedure

15.1   Towards the end of the financial year, as part of the budgeting process, the Home Office will send an indicative formal statement of the annual budgetary provision given to HMCI and any forecast income approved by the Home Office. This will include funding from other departments and bodies, and a statement of any planned changes in policies affecting HMICFRS. There will be an opportunity for a discussion between the Home Office and HMCI before a formal statement is completed and issued.

15.2   HMICFRS currently receives its core funding from the Home Office.  Following the Machinery of Government change (fire policy moving to MHCLG from the Home Office), HMICFRS will receive its core fire-related funding from MHCLG on the completion of the current inspection framework in late 2027. The funding will be transferred from MHCLG to the Home Office via the estimates process (Budget Transfer Cover).  The Home Office will be responsible for issuing the delegation letter for policing and fire to HMICFRS. 

15.3   Following the budget transfer, Accounting Officer responsibilities for funding for fire inspections will fall to the Home Office PAO, who will ensure that the funding is being used in line with Parliament’s expectations, delivering on MHCLG objectives and in compliance with the rules set out in MPM.  The MHCLG PAO will seek assurances as and when necessary.

15.4   HMICFRS plans its inspection programmes and frameworks on a multi-year basis. These require the approval of the Home Secretary (for policing inspections) and MHCLG Secretary of State (for FRS inspections). This provides some flexibility to accommodate unexpected work or changing priorities. The delegation given to HMCI to pay for the inspectorate’s activity is agreed each year. The plan includes an element of ‘over-programming’ to maximise the funding available to it. As such, unexpected in-year pressures may occur, for example, if HMCI is commissioned under Section 54(a-c) of the Police Act 1996, Section 28A of the Fire and Rescue Services Act 2004 or elsewhere. The Home Office expects that this will be carried out within the inspectorate’s budget whenever possible.

15.5   If HMCI is not able to deliver within its budget without a negative effect on the programmes and frameworks approved by the Home Secretary and MHCLG Secretary of State along with its other fixed commitments, HMCI and the COO will discuss this position with the Home Office and MHCLG before work commences. This will make sure that there is enough financial cover in place. Where the timescale or scope required by the Home Secretary and MHCLG Secretary of State on such commissions cannot be fully met within existing allocation, HMICFRS, policy and HOSU staff will work together to find a solution. HMCI will consider prioritisation of HMICFRS’s programmes and frameworks alongside the objective to maximise or even exceed delivery to a high standard within the resource envelope as set out in 15.2 above. Where needed, extra funding, or cover to overspend to an agreed level, may be given by the Home Office and MHCLG.

16.  Risk management

16.1   HMCI delegates authority to the COO to ensure that the risks HMICFRS faces are dealt with in an appropriate manner based on the guidance set out in the Orange Book. This includes the COO reporting major risks and issues at the monthly Corporate Board and informing HOSU and the Senior Sponsor as they arise.

17.  Counter fraud and theft

17.1   HMCI delegates authority to the COO to adopt and implement policies and practices to safeguard the inspectorate against fraud and theft, in line with guidance in the Government Functional Standard GovS 013: Counter Fraud and in compliance with the procedures and considerations as set in in MPM Annex 4.9. Under the authority delegated to them by HMCI, the COO should also take all reasonable steps to appraise the financial standing of any firm or other body they intend to enter a contract with or to provide a grant or grant-in-aid.

17.2   The COO, on HMCI’s behalf, will keep records of and prepare and forward to the Home Office an annual report on fraud and theft suffered by HMICFRS and notify HOSU of unusual or major incidents as soon as possible. Also, on HMCI’s behalf, the COO will report identified loss from fraud, bribery, corruption and error, alongside associated recoveries and prevented losses, to the counter fraud centre of expertise in line with the agreed government definitions, as set out in Government Functional Standard GovS 013: Counter Fraud.

18.  Commercial and contract management

18.1   HMCI and the COO will follow the same guidance as the Home Office in relation to procurement. This is available on the Home Office’s internal intranet.

19.  HMICFRS staff

Other staff working in HMICFRS

19.1   HMICFRS is not a distinct legal entity and therefore does not employ its own staff. However, within the arrangements approved by the Home Secretary (and the Treasury), HMCI has responsibility for the appointment and management of staff in line with relevant Home Office policies and the Civil Service management code.

19.2   As well as HM Inspectors, the staff working in HMICFRS include civil servants. Civil servants working within HMICFRS are predominantly on a Home Office employment contract. They are employees of the Home Office and, as such, they are bound by its policies and procedures.

19.3   Where civil servants come to HMICFRS on loan from OGDs, they remain employees of their parent department. As such, they are bound by the policies and procedures of the Home Office or their parent organisation, as set out in their loan agreement.

19.4   HMICFRS’s workforce also includes seconded police officers and police staff, and secondees from fire and rescue services (green book and grey book). These non-civil servant secondees remain on their home organisations’ terms and conditions and are subject to secondment agreements as set out by the relevant body. While working with HMICFRS, seconded staff are bound by the policies and procedures of the Home Office and their seconding organisation as set out in their secondment agreement.

19.5   HMICFRS also uses associates with specialist skills to form a register of contingent workers. Associates are not civil servants and are workers for the purposes of employment legislation.  Associates remain on the register for a maximum of two years at a time and HMICFRS enters into engagements with them to undertake specific pieces of work.

19.6   All staff in the categories above and working in HMICFRS in any capacity are expected to comply with HMICFRS’s standards of behaviour and conduct, which are drawn from the Civil Service code and Home Office policies.

Staff recruitment and costs

19.7   The COO is responsible to HMCI for recruiting civil servants, abiding by Home Office and civil service rules and arrangements for recruitment. This also applies to civil servants recruited on loan or secondment from other departments.

19.8   Under their responsibilities to HMCI, the COO can also recruit staff on loan or secondment for an agreed term from an organisation outside of the Home Office. Such staff will have secondment agreements with their parent organisation.

19.9   Subject to their delegated authority, the COO makes sure that the creation of any additional posts does not incur future commitments that there will not be available funds for.

19.10   HMICFRS is subject to the Security Policy Framework and complies with its requirements. Therefore, all new staff will undergo security clearance and other pre-employment checks in line with the relevant Home Office policies.

Performance management, conduct and grievance procedures

19.11   The COO is responsible to HMCI for all matters relating to performance, talent management, conduct and discipline of all those working in HMICFRS. This includes ensuring that, as part of performance management, all staff are encouraged to acquire the appropriate professional, management and other expertise necessary to achieve HMICFRS’s objectives.

19.12   Home Office-employed civil servants working in HMICFRS and, where stipulated in their agreement, those working in HMICFRS on loan, will be subject to Home Office performance management, grievance and conduct policies and processes.

19.13   Associates are engaged as workers and are not employees. While engaged on the associate register, they are expected to uphold the same standards of behaviour as Home Office employees and are bound by the Civil Service code. Any conduct, grievance and disciplinary matters will follow the principles and processes of Home Office policy. Associates are not subject to Home Office performance management processes.

19.14   Non-civil servants seconded to HMICFRS remain on their home organisations’ terms and conditions and are subject to in-force or in-service performance management and conduct processes. While working with HMICFRS, loanees from OGDs and seconded staff can access the Home Office grievance policies to raise concerns they have about the conduct of other Home Office staff or stakeholders. Loanees and secondees will be encouraged to engage in any grievance process that relate to them.

19.15   All HMICFRS Strategic Board members have a shared responsibility to make sure that:

  • the rules for recruiting and managing staff create an inclusive culture in which diversity is fully valued, appointment and advancement are based on merit and there is no discrimination against staff with protected characteristics under the Equality Act 2010;
  • the level and structure of its staffing, including grading and staff numbers, are appropriate to its functions and the requirements of economy, efficiency and effectiveness including MPM;
  • appropriate consultation with staff takes place on key issues affecting them;
  • sufficient grievance and disciplinary procedures are in place; and
  • whistle-blowing procedures consistent with the Public Interest Disclosure Act 1998 are in place.

Pay and conditions of service

19.16   The pay and allowances for HMCI and HMIs are set out in their respective terms of appointment.

19.17   The civil servants working in HMICFRS are subject to levels of remuneration and terms and conditions of service (including pensions) within the general pay structure approved by the Home Office and the Treasury. HMCI or their office, has no delegated power to amend these terms and conditions. Payment shall be made in accordance with the Civil Service management code and the annual Civil Service Pay Remit Guidance, except where prior approval has been given by the Home Office to vary such rates. Civil service staff terms and conditions are set out in the relevant sections of the Home Office intranet.

19.18   Non-civil servant secondees remain on their seconding organisation’s terms and conditions including pay. Where a contract is undertaken by an associate that is on the register, HMICFRS will pay the day rate that was agreed before the contract was confirmed.

19.19   HMCI and staff within their office will abide by public sector pay controls, including the relevant approvals process dependent on the organisation’s classification, as detailed in the Guidance for approval of senior pay and the Public sector pay and terms: guidance note.

19.20   All staff, irrespective of their parent organisation, must abide by Home Office Travel and Subsistence terms.

Pensions, redundancy and compensation

19.21   Compensation scheme rules and pension scheme rules should reflect legislative and HM Treasury guidance requirements regarding exit payments.

19.22   Civil servants working in HMICFRS are eligible for membership of the Principal Civil Service Pension Scheme (PCSPS) or the Partnership Scheme. Staff may opt out of the occupational pension scheme provided by the Home Office but the employers’ contribution to any personal pension arrangement, including stakeholder pension, shall normally be limited to the national insurance rebate level.

19.23   Secondees working in HMICFRS are entitled to remain in their contractual pension arrangements. Associates are eligible to join the NEST pension scheme.

19.24   Any proposal by HMCI to move from the existing pension arrangements, or to pay any redundancy or compensation for loss of office, requires the prior approval of the Home Office. Proposals on severance must comply with the rules in Chapter 4 of MPM.

Financial reporting and management information

20.  Reporting performance to the Home Office and MHCLG 

20.1   HMCI must operate management, information and accounting systems that enable them to review in a timely and effective manner their financial and non-financial corporate performance against their budgets and targets. 

20.2   HMCI must inform the Home Office and MHCLG, via the Senior Sponsor of any changes or issues that have an effect on the delivery of HMICFRS’s objectives. They must report financial performance every month and report non-financial corporate performance at least every three months. HMICFRS’s performance report must include data and analysis about its performance relating to finance, capacity, capability and workforce. HMICFRS is not required to report its performance regarding its inspections. However, it is required to report on how inspections relate to delivery against its approved programmes and frameworks, and the resources allocated to the inspectorate, giving assurance on how it is managing performance against its related plans. 

21.  Information sharing   

21.1   The Home Office, through HOSU, has the right of access to HMICFRS records relating to the operation of the inspectorate and associated personnel issues for any purpose. For example, this includes sponsorship audits and internal HR or security investigations. 

21.2   HMCI will provide the Home Office and MHCLG with information about the inspectorate’s corporate operations, corporate performance, individual corporate projects or other expenditure as the Home Office and MHCLG may reasonably require.

21.3   The Home Office and MHCLG may request information on inspection activity, but have no right to require such information, except for that set out in the ‘Reporting performance to the Home Office and MHCLG’ section above.

21.4   HMCI may require the Home Secretary, the Home Office and MHCLG to provide such information as is reasonably required for the purpose of inspection. These powers are set out in paragraph 6A, Schedule 4A of the Police Act 1996 and paragraph 6, Schedule A3 of the Fire and Rescue Services Act 2004. HMCI may set out the information required, how it is required and the deadline by which it is required. These powers are enforceable using a statutory notice, although in practice, information is shared without this being necessary.

21.5   HMICFRS and the Home Office have a separate specific data protection MoU in place to cover, in the context of the processing of personal data, all information sharing where HMICFRS is the Controller and the Home Office is a Processor. This includes the responsibilities of all parties, including sub-processors, in relation to the processing of workforce data and arrangements relating to security breach reporting. 

22.  Internal audit

22.1   The operation of HMICFRS is subject to internal audit via Home Office representatives of the Government Internal Audit Agency (GIAA). This is undertaken in accordance with the Public Sector Internal Audit Standards (PSIAS) as adopted by HM Treasury. Proposed audit activity is agreed with HMCI and will concern the running of the inspectorate and not the conduct and findings of inspections. The COO, on behalf of HMCI, will ensure that GIAA has access to all relevant records.

23.  External audit

23.1   HMICFRS is within the Home Office remit for accounting purposes and so are not subject to the external audit process

Reviews and winding up arrangements.

24. Review of His Majesty Chief Inspector of Constabulary and Fire and Rescue service’s status

24.1   HMICFRS will not be reviewed as part of the wider Public Bodies Reviews programme, as HMICFRS is not within scope for these reviews.

25. Status and continuity of HMICFRS Functions

25.1    HMICFRS does not have a separate legal personality. It is an inspectorate (led by the HM Chief Inspector (HMI)) whose powers, duties, and functions derive from legislation, principally the Police Act 1996 and the Fire and Rescue Services Act 2004. As HMICFRS is not established as a body corporate, it cannot be “wound up” in the manner applicable to incorporated public bodies. Rather, its statutory functions and the roles of HMIs continue because they are set out in law, and they remain in place unless and until altered, transferred or abolished by primary legislation or other lawful governmental action.

Annex A: Legislation covering His Majesty’s Inspectors powers and duties

  • The Police Act 1996
    • Section 54. Appointment and functions of inspectors of constabulary
    • Section 55. Publication of reports
    • Section 56. Assistant inspectors and staff officers
    • Schedule 4A. Further Provision about Her (His) Majesty’s
    • Inspectors of Constabulary
  • The Police Reform and Social Responsibility Act 2011
    • Section 83. Functions of HMIC(FRS)
    • Section 84. HMIC(FRS) reports: publication
    • Section 85. Inspection programmes and frameworks
    • Section 86. Powers in connection with HMIC(FRS) inspections
    • Section 87. HMIC(FRS) and freedom of information
  • The Fire and Rescue Services Act 2004
    • Section 28. Appointment, statutory responsibilities and functions of inspectors of fire and rescue authorities
    • Section 28A. Inspection programme and framework etc. England
    • Section 28B. Publication of inspection reports including the annual ‘State of Fire and Rescue’. England
    • Schedule 3A. English inspectors
  • The Local Government Act 1999
    • Section 10. Power to act jointly with another public body to help exercise its functions where appropriate.
  • The Policing and Crime Act 2017
    • Section 25. Power to make super-complaints
    • Section 26. Bodies who can make super-complaints
    • Section 27. Regulations about super-complaints
  • HMIs have statutory functions in relation to the inspection of other police forces and agencies. HMIs have inspection functions under the following legislation:
    • The Armed Forces Act 2006, section 321A
    • The Railways and Transport Safety Act 2003, section 63
    • The Energy Act 2004, section 62
    • The Ministry of Defence Act 1987, section 48
    • The Police (Northern Ireland) Act 1998, section 41
    • The Crime and Courts Act 2013, section 11
    • The Borders, Citizenship and Immigration Act 2009, section 29 and the Customs Regulations 2012 (SI 2012/2840)
    • The Commissioners for Revenue and Customs Act 2005, section 27 and the Revenue and Customs (Inspection) Regulations 2005 (SI 2005/1133)
    • The Equality Act 2010, section 149
    • The Freedom of Information Act 2000
    • The Environmental Information Regulations 2004
    • The General Data Protection Regulation 2018
    • The Data protection Act 2018

Annex B: Working Arrangements between Home Office, MHCLG and HMICFRS.

Memorandum of Understanding Between the Secretary of State for the Home Office and the Secretary of State for Housing, Communities, and Local Government, pursuant to sponsorship of HMICFRS

PARTIES (‘the participants’)

1. The Secretary of State for the Home Department (Home Office), 2 Marsham Street, London, SW1P 4DF.

2. The Secretary of State for Housing, Communities and Local Government (MHCLG), 2 Marsham Street, London, SW1P 4DF.

CONTEXT

3. The Machinery of Government transfer of fire policy from the Home Office to MHCLG (“the MoG change”) was announced in the Prime Minister’s Written Ministerial Statement on 13 February 2025, which will take effect from 1 April 2025. The Written Ministerial Statement makes clear that the Home Office will remain responsible for the sponsorship of His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS).

4. The MoG change follows a recommendation from the Grenfell Tower Inquiry Second Report, published on 4 September 2024, that “the government bring responsibility for the functions relating to fire safety currently exercised by MHCLG, the Home Office and the Department for Business and Trade into one department under a single Secretary of State”.  As HMICFRS functions are not solely related to fire services, formal sponsorship of HMCIFRS will remain in the Home Office and this MoU will enable MHCLG Ministers to oversee the fire element.

PURPOSE AND SCOPE

5. Whilst the Police Act 1996 and Fire and Rescue Services Act 2004 specifies the duties of the Inspectors of constabulary services and fire and rescue services, His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) is not itself incorporated and is not classified by HMT or the Cabinet Office as an ALB (Arm’s Length Body).  However, it is treated as an ALB by convention for the purposes of departmental sponsorship. This MoU establishes the principles of cooperation between the Home Office and MHCLG concerning the sponsorship of HMICFRS, in light of the MoG change.

6. This MoU will be effective from 1 April 2025 until 31 March 2026, unless otherwise agreed by the participants. Both parties will keep it under review, including in the context of work underway to update the existing Framework Document that sets out the sponsorship relationship between the Home Office and HMICFRS. It can be extended by mutual agreement.

7. This MoU is not legally binding but sets out the ways of working for the participants to collaborate effectively.

INFORMATION SHARING

8. The Home Office and MHCLG agree to share information with each other to allow both parties to work collaboratively in the areas specified in the MoU in order to exercise their respective functions. The type of information to be shared is subject to agreement by both parties and with details set out in an Annex to the Framework document between the Home Office and HMICFRS.

9. The data sharing agreement referred to in the paragraph above, is to be agreed in due course and we will aim for it to be a tripartite agreement between MHCLG, Home Office and HMICFRS.

PRINCIPLES OF JOINT WORKING

10. Bilateralism: No changes to the funding or sponsorship of the Inspectorate will be made without prior agreement of both participants or their authorised representatives. The work of the inspectorate is set out in Police and Fire and Rescue Services Inspection Programmes and Frameworks, which have already been approved for the duration of this MOU.  The Fire and Rescue Services Inspection programme and framework covers 2025 to 2027.

11. Accountability: The Written Ministerial Statement makes clear that the Home Office will remain responsible for the sponsorship of HMICFRS and is responsible for ensuring appropriate financial propriety and accountability. MHCLG Ministers and officials can raise directly with the Home Office and HMICFRS any financial or accountability issues, questions or concerns.

12. Transparency: The Participants and their representatives commit to an open, transparent, and proactive information sharing between the participants in all matters relating to HMICFRS where lawfully permitted, ensuring effective sponsorship.

13. Collaboration: Regular meetings will be held between Home Office and MHCLG sponsorship officials to: review the effectiveness of current arrangements in line with the principles set out in this MoU, address operational issues, and discuss emerging concerns. The frequency of these meetings can be amended by mutual agreement.

ROLES AND RESPONSIBILITIES

14. The Home Office is responsible for Homeland Security, Public Safety, and Borders and Migration. In that capacity, it will remain the sponsoring department of HMICFRS, the functions of which are set out in statute.

15. On behalf of the Home Office Accounting Officer, the Director General of Public Safety Group acts as the Senior Sponsor to HMICFRS.  With the support of the Home Office Sponsorship Unit (HOSU), policy officials and corporate officials, the Senior Sponsor provides assurance to the Home Office in relation to governance, finance, and risk management and manages the relationship between that department and HMICFRS.  That role will not change under this MoU.

16. HM Chief Inspector of Constabulary (HMCI) and Fire Rescue Services (FRS) is a principal independent advisor to the Home Secretary. HMCI will advise the Secretary of State for MHCLG on FRS. HMCI will meet both regularly and is available for the provision of advice.

17. The Permanent Secretary of the Home Office meets HMCI to discuss HMICFRS’s performance, risk, and strategic objectives. The MHCLG Permanent Secretary will do the same, as it relates to FRS. These meetings may take place separately or jointly.

18. From 1 April 2025, MHCLG will be responsible for fire and rescue policy, and in that capacity, its Ministerial team is accountable to Parliament for arrangements pertaining to that policy, including the inspection of Fire and Rescue Services.

19. The Home Office Senior Sponsor for HMICFRS will continue to chair the Senior Sponsor meetings which take place three times a year. HOSU, and HMICFRS colleagues are in attendance at these meetings, along with representatives from policing and fire policy, finance and HR business partners. HOSU will invite MHCLG fire policy colleagues to attend these meetings. These meetings are important in providing formal oversight of the effectiveness with which the Home Office, HMICFRS and MHCLG work together through clarity of delivery milestones and for the escalation of risk.

20. On behalf of the MHCLG Accounting Officer, who will from 1 July 2025 assume financial burdens relating to Fire and Rescue policy, MHCLG will work with the Home Office to oversee HMICFRS’ discharge of its statutory responsibilities. The Home Office will retain overall oversight of HMICFRS.

GOVERNANCE AND ACCOUNTABILITY

21. It is the joint responsibility of the Home Office and MHCLG to give effect to the agreed principles to ensure that both participants are fully and effectively consulted and sighted on the workplan, performance, and other matters relating to HMICFRS.

22. The Home Office Permanent Secretary will remain as the Principal Accounting Officer for HMICFRS, ensuring financial propriety and use of public funds in accordance with Managing Public Money.

23. The Home Office and MHCLG Permanent Secretaries will jointly conduct the annual performance appraisal of HM Chief Inspector. The specific detail of how this process will be undertaken to be agreed by the offices of the Permanent Secretaries with the respective ALB sponsorship teams in each department.

24. Senior officials from both departments will coordinate in advance of meetings to ensure a collaborative approach to oversight and appraisal.

APPOINTMENT OF HM INSPECTORS

25. His Majesty’s Inspectors of Constabulary and Fire & Rescue Authorities are appointed by the King on the recommendation of the Home Secretary, following consultation with the MHCLG Secretary of State.

26. The Home Office will consult MHCLG at the start of and during all recruitment processes and will share appointment materials and timelines.

27. The Home Office will invite MHCLG officials to participate in recruitment selection panels.

28. Every effort will be made to reach a consensus between both departments before final recommendations.

COMMISSIONING OF FIRE INSPECTIONS

29. The Home Secretary currently commissions inspections under Section 28A of the Fire and Rescue Services Act 2004.

30. From 1 April 2025, SoS for Home Office agrees that SoS for MHCLG can commission fire inspections or thematic fire inspections and amend the fire inspection element while keeping the Home Office informed. A reciprocal arrangement will apply should the Home Secretary wish to amend the police inspections element, including thematics.

31. Separately, the Home Office will be discussing with relevant colleagues in MHCLG and the Department for Health and Social Care (DHSC) a protocol for the commissioning of joint inspections (for example the Joint Emergency Services Interoperability Principles (JESIP). This will need to be signed off by SoSs in Home Office, MHCLG and DHSC.

32. Any fire inspection commissions which are in addition to the work in the approved section 28(A3) inspection programme for that period which would require extra resources that are not offset by the removal of items from the inspection programme will be funded by MHCLG.

FUNDING ARRANGEMENTS

33. HMICFRS currently receives core funding from the Home Office. As the 2025-2027 fire inspection programme is already agreed, no funding transfer to MHCLG is expected to happen until 2027, although these arrangements will be kept under review in line with existing financial processes.

34. After the 25-27 Inspection programme is concluded, MHCLG will fund fire inspections, while the Home Office will fund police inspections.  Costs will be reviewed to ensure there is no cross-subsidisation between policing and fire inspections.

35. MHCLG will transfer funding for fire inspections to the Home Office via the estimates process (Budget Transfer Cover).  The Home Office will be responsible for issuing the delegation letter for policing and fire to HMICFRS.

36. Following the budget transfer, Accounting Officer responsibilities for funding for fire inspections will fall to the Home Office PAO, who will ensure that the funding is being used in line with Parliament’s expectations, delivering on MHCLG objectives and in compliance with the rules set out in MPM.  The MHCLG PAO will seek assurances as and when necessary.

DISPUTE/COMPLAINTS RESOLUTION

37. The Participants will work together in good faith to resolve any disputes and or complaints via their officials.

38. If either Participant has any issues, concerns, or complaints, it will notify the other and they will, acting in good faith, investigate and seek to resolve the issue by negotiations between themselves.  Participants will keep each other informed in a timely manner.

39. If unresolved, disputes will be escalated to senior officials in both departments and, if necessary, to the Home Office and MHCLG Permanent Secretaries prior to Ministers being engaged.

DURATION AND REVIEW

40. This MoU is effective from 1 April 2025 and will be kept under review as the new arrangement bed in.

41. The next review point will be in March 2027; however, the MoU may be reviewed at any time at the request of either party.

42. The terms of this agreement can be varied at any time with the consent of both participants.

Annex C: Guidance

HMCI shall comply with the following guidance, documents and instructions:

Corporate governance

This framework agreement

Financial management and reporting

Management of risk

Commercial management

Public appointments

The following are relevant where public bodies participate in public appointments processes.

Staff and remuneration

General

Annex D: Glossary of Terms

Acronym/ abbreviation/ term Meaning Explanation
AAO Additional Accounting Officer The HMICFRS lead responsible for ensuring that accounting officer duties are met with regards to HMICFRS activities and expenditure.
ALB Arm’s length body An arm’s length body is an organisation that delivers a public service. It is not a ministerial government department and operates at a distance from Ministers. The term can include non-departmental public bodies, executive agencies, non-ministerial departments, public corporations, NHS bodies and inspectorates.
  Cabinet Office The Cabinet Office supports the Prime Minister and ensures the effective running of government. It is the corporate headquarters for the Government, in partnership with HM Treasury, and takes the lead in certain critical policy areas.
HMICFRS COO Chief Operating Officer The person responsible for overseeing the day-to-day operations at HMICFRS, ensuring that business strategies align with operational goals, and driving operational efficiency.
FPOG Fire Performance Oversight Group A meeting where HMCI, HMIs and other interested parties discuss a service’s progress with addressing any causes of concern issued to it, to establish what further support it may need to address its causes of concern.
Fire Directorate Fire Directorate in MHCLG The Directorate has primary departmental responsibility in the Ministry of Housing, Communities & Local Government (MHCLG) for HMICFRS’s fire inspections programme and framework for England and holds a key policy relationship with HMICFRS covering the 44 fire and rescue authorities. This includes coordinating input from fire and other relevant policy teams to inform advice to Ministers on fire and rescue services inspections.
  Green book Known as the Single Status Agreement, the Green Book covers the pay and conditions for 1.4 million local authority employees. These agreements are also used to determine the pay and conditions of non-local authority staff.
  Grey book The scheme of conditions of service for local authorities’ Fire and Rescue Services, agreed by the National Joint Council. The book also covers the national pay and conditions for operational and control staff of local authority fire and rescue services.
HMCI His Majesty’s Chief Inspector Of His Majesty’s Inspectors, one has been appointed as His Majesty’s Chief Inspector. They have leadership responsibilities and are accountable to the Principal Accounting Officer (PAO) for the efficient and effective running of the inspectorate, and for the use of funds delegated to them.
HMI His Majesty’s Inspector The public office holders appointed independently of each other by His Majesty the King. They are independent of government and the sectors they inspect.
HMICFRS His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services Term used for the collective staff and others working to support HMCI and HMIs.
HM Treasury or the Treasury His Majesty’s Treasury HM Treasury is the government’s economic and finance ministry, maintaining control over public spending, setting the direction of the UK’s economic policy, and working to achieve strong and sustainable economic growth.
HO Home Office The Home Office is the lead government department for immigration and passports, drugs policy, crime, fire, counterterrorism, and police.
HOSU Home Office Sponsorship Unit The unit is led by a senior civil servant and includes officials who are responsible for managing the relationships between ALBs and ALEs and the Home Office.
MHCLG Ministry of Housing, Communities and Local Government MHCLG is the lead government department for housing, communities, and local government in England.
MPM Managing Public Money HM Treasury guidance on how to manage public funds using common sense, sound financial management and, where applicable, specific rules and conventions.
PAO Principal Accounting Officer The Home Office lead for its accounting function including technical accounting, reporting, and accounting operations.
PPCD The Police Performance and Capabilities Directorate The unit in the Home Office that has primary departmental responsibility for HMICFRS’s police inspection programme and framework for England and Wales and its PEEL assessment framework (PAF) for the 43 police forces in England and Wales. This includes coordinating input from police and crime policy teams to inform advice to Ministers on police inspections.
PPMG Police Performance Monitoring Group A meeting chaired by HMCI, where HMIs, the Home Office and policing bodies discuss a force’s performance and decide tier placement in the new Tiered Performance System (TPS), as well as hold to account forces in the mandatory tiers for improvements and setting clear criteria for a force to be able to de-escalate to lower tiers.
  Senior Sponsor The senior official within the Home Office that the PAO may delegate the activities to carry out their responsibilities. The Senior Sponsor for HMICFRS is currently the Director General of Public Safety Group.

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  1. Within the Office of National Statistics classification of central government public bodies, the Cabinet Office operates a system of classifying public bodies to ensure a greater level of consistency in terms of the way bodies are set up, structured, funded, managed and overseen by their home departments.