Our Constitution
Introductory Framework
- Introductory Framework
- Authority Governance Structure
- Standards and Ethics
- Officers and decision making
- Corporate Governance and Strategy
- Financial Governance - Framework
- Transparency and Public Rights
- Reviews and Amendment of the constitution
A. Introductory Framework
What the constitution contains
The Authority's constitution is not a single document but is a collection of documents and information that set out the governance and operation of KMFRA (Kent and Medway Fire and Rescue Authority) and Members' Code of Conduct in a transparent and efficient manner.
Purpose of the constitution
By listing in one place the key information about how KMFRA functions, our constitution will:
- assist Members (the councillors who oversee KMFRA) to discharge their role as decision makers efficiently and effectively
- ensure that the decision-making processes are clearly identifiable to the customers of Kent and Medway
- enable officers of the Authority (the employees) to deliver the agreed key priorities and outcomes set out in the Community Risk Management Plan (CRMP)
- provide customers with information about their rights and right to be involved in the process of decision making to encourage their active involvement
- provide a means for improving the democratic accountability of the Authority in the delivery of services to the community.
Relationship between the Authority and Kent Fire and Rescue Service
The Kent and Medway Fire and Rescue Authority (KMFRA) is the governing body of Kent Fire and Rescue Service (KFRS) and responsible for the provision of the service. KFRS is the operational service.
KMFRA is a specialised local authority whose purpose is to provide a fire and rescue service for the combined areas covered by Kent County Council and Medway Council. This is why it references both Kent and Medway and in fire service governance terminology, is referred to as a “combined fire and rescue authority”.
KMFRA took over responsibility for Kent Fire Brigade (as it was formerly known) from Kent County Council on 1 April 1998. KMFRA was established as a local authority covering the Kent County Council and Medway Council area, whose sole purpose is the provision of the Kent Fire and Rescue Service.
KMFRA is constituted under section 4 of the Fire and Rescue Services Act 2004 and operates in accordance other legislation such as the Local Government Act 1972, the Local Government and Housing Act 1989 and associated regulations and statutory guidance. That is why our constitution refers to KMFRA or the Authority and not KFRS.
Establishment of the Authority
The Kent Fire Services (Combination Scheme) Order 1997 is the Order made by Parliament which first established KMFRA. It sets out the arrangements for the Authority to take over responsibility for Kent Fire Brigade (as it was then known) from Kent County Council on 01 April 1998. See appendix 1.
Please note that Part VI of the Order (Combination Fire Services Fund) no longer applies. It was superseded by the Local Government Act 2003 which authorised Combined Fire Authorities (such as this Authority) to levy their own precepts (i.e. set their own council tax).
The Order was updated with effect from 18 March 2020 and the original Combination Order sits alongside these amendments
B. Authority Governance Structure
Statement of purpose
The primary aim of Kent and Medway Fire and Rescue Authority is to provide a good service to communities that is built on a thorough understanding of local risks and tailored to community needs.
Local Government Association, Fire Authority Members Guide
In accordance with Part 2 of the Fire and Rescue Services Act 2004, we make provision for the following:
- fire safety
- fire fighting
- rescuing and protecting people in emergencies including road traffic collisions
In addition to the above, we collect information to enable us to:
- assess the risks in Kent and Medway
- protect the health and safety of our workforce
All our privacy notices are publicly available and can be found here: Privacy notices | Kent Fire and Rescue Service
The Authority’s priorities are:
- to produce Community Risk Management Planning (CRMP) which is carried out in Kent over four-year strategy periods to allow for longer term thinking and planning
- to make appropriate provision for fire prevention and protection activities and our response to fire and rescue related incidents
- identify and assess the full range of foreseeable fire and rescue related risks Kent and Medway face
- work with other emergency services, local and national partners to increase the efficiency and effectiveness of our services
- be accountable to our communities for the services we provide
- develop and maintain a professional, resilient, skilled, flexible and diverse workforce
Membership
The Authority is made up of 25 elected councillors appointed by Kent County Council (21) and Medway Council (4) as well as the Kent Police and Crime Commissioner.
The Authority also has an Independent Member, who sits on the meetings of Fire Authority and the Audit and Governance Committee, to provide scrutiny and challenge where necessary as well as having the role of Independent Person to ensure that elected members maintain high standards of conduct.
The full authority meets three times a year, in February, June and October. The Standing Orders (see appendix 2) set out the rules and regulations around the operation of the meetings of the Fire Authority and guidance on the issues to be considered by the Authority.
The quorum for a full meeting of the Authority shall be one-third of the total number of Members, rounded up to the nearest whole number, and shall include at least one Member from each of the constituent authorities.
Chair and Vice-Chair
The Authority appoints a Chair and Vice-Chair from among its Members. The Chair presides at meetings of the Authority and ensures that business is conducted in accordance with the Authority’s Standing Orders.
The Chair is responsible for providing leadership to the Authority in its governance role, ensuring that meetings are conducted efficiently, and fairly representing the Authority in its civic and strategic functions.
The Vice-Chair will deputise for the Chair in their absence. If both the Chair and Vice-Chair are absent from a meeting of the Authority or any Committee or Panel, then a Chair for the meeting shall be elected from those Members present.
Committees, Panels and Terms of Reference
In addition to meetings of the full Authority, three committees support the governance of the Authority: Audit and Governance Committee; Senior Officer Appointments, Conditions and Conduct Committee; and Hearings Panel. All the members of these committees are drawn from the Members who sit on the Authority. A description of each committee is set out below.
Audit and Governance Committee: this provides independent assurance to the Authority of the adequacy of the risk management framework and the internal control environment helping to ensure efficient and effective assurance arrangements are in place. It provides an independent review of KMFRA’s governance, risk management and control frameworks and oversees the financial reporting, annual governance processes, internal audit and external audit. It has a minimum of 10 members, with its membership being proportionate to the political makeup represented on the Authority. It meets times a year, usually in January, April and September (see appendix 3 for the terms of reference).
SOACC (Senior Officer Appointments, Conditions and Conduct Committee): this considers and makes decisions on behalf of the Authority about senior officers whose terms and conditions are governed by the National Joint Council “Gold Book Officers” (the Chief Executive and Directors). Within this SOACC covers the following: terms and conditions of employment, including remuneration; selection and appointment process; and decisions on the performance of the Chief Executive. SOACC meets when required to do so. Because of the nature of the business that SOACC conducts it was agreed by Members that this Committee’s membership would be smaller than strictly proportionate, whilst still giving the majority party an additional seat on the Committee (see appendix 4 for the terms of reference).
Committee proportionality is reviewed and amended annually, or whenever there are changes to the political makeup of the Authority. This review, with the approval of the Authority, can change both the size and political composition of the committees to remain proportionate.
Hearings Panel: this considers and makes decisions on behalf of the Authority in relation to the following: allegations of misconduct by senior officers; appeals under the firefighters’ pension schemes; appeals on matters that are the subject of collective negotiation; and allegations of breaches by Members of the Authority’s Code of Conduct for All Colleagues. It will meet when required to do so and, when convened, due to the nature of its remit, will generally be at short notice. Because of this proportionality rules do not apply. However, where possible, membership will be comprised of a Member from each political party represented on the Authority (see appendix 5 for the terms of reference).
The quorum for a meeting of a Committee shall be one half, and in the case of a Committee or Panel comprising an odd number, the nearest whole number above one half of the appointed Members.
C. Standards and Ethics
Codes of Conduct and Protocols
High ethical standards are an essential part of making KMFRA an excellent organisation. To ensure we set, meet and maintain these standards for our customers, colleagues and partners, we have several documents that set out the values and behaviours across the organisation. These are listed below along with a summary of each.
Members Code of Conduct
This sets the standards and requirements of behaviour for the Members of the Authority. Because of Members’ role in overseeing the governance of the Authority, they are subject to their own code of conduct that accounts for their position and status as elected councillors (see appendix 6).
Code of Ethical Conduct for All KFRS Colleagues
This is a single, cohesive statement of values and expected behaviours that applies to all colleagues Service-wide (see appendix 7).
Code of Ethical Conduct for Senior Managers
This expands upon the requirements in the Code of Ethical Conduct for All Colleagues, requiring senior managers to hold to an even more rigorous set of standards in accordance with their level of influence and responsibility within KFRS (see appendix 8).
KFRS Behaviour Framework
This sets out the behaviours that make KFRS successful. This combines our areas of cultural focus into a unified framework for everyone (see appendix 9).
Disciplinary Policy
This sets out procedures for addressing misconduct and maintaining appropriate professional standards (see appendix 10).
Disciplinary Procedure for dealing with an allegation of misconduct by a senior officer
This sets out the procedures for dealing with disciplinary allegations against employees at a senior level (see appendix 11).
Gifts and Hospitality Policy
Gifts and Hospitality Policy. This helps prevent undue influence from gifts or hospitality and ensuring that all decisions are made with integrity, impartiality, and in the public interest. Having this policy is a key part of upholding trust in KFRS and those who work for the organisation (see appendix 12).
Member and Officer relations
This deals with the working relationships between Members (both as individuals and collectively within their political groups) and the employees of the Authority to ensure the smooth running of its processes (see appendix 13).
Scheme of Members' allowances
This sets out the allowance that Members receive to cover their time and any miscellaneous expenses incurred directly related to Authority business.
It also sets out the special responsibility allowances which are paid to the Chair, Vice-Chair, and Opposition Group Leader of the Authority in recognition of their additional responsibilities and demands upon their time for performing these roles (see appendix 14).
D. Officers and decision making
Statutory Officers to the Authority
Chief Executive (CE)
The Chief Executive will engage with the Authority to provide professional and technical advice, so that Members can take strategic policy decisions from a well informed and evidence-based position. The CE will implement the strategic decisions that Members have taken in an efficient, effective and timely manner and report progress on implementation of the strategy, and the extent to which they are achieving their intended objectives.
Monitoring Officer
In accordance with the Section 5, Local Government and Housing Act 1989 the Authority is required to appoint a Monitoring Officer. They are responsible for ensuring that decisions are made fairly and lawfully, and that the Authority and its Members adhere to high standards of conduct.
Treasurer / S151 Officer
The Authority must appoint an officer responsible for the proper administration of its financial affairs under section 151 of the Local Government Act 1972.
Clerk to the Authority
Section 34(8) of the Local Government Act 1985 requires the Authority to appoint a Clerk to the Authority.
Scheme of Delegation of Powers to the Chief Executive
The scheme sets out those decisions which can only be taken by the Authority or one of its Committees, and those which can be taken by the Chief Executive or other officers.
E. Corporate Governance and Strategy
Strategic and Governance Framework
These are the top line strategic, regulatory and compliance documents for KMFRA and are listed below grouped by type.
Governance documents
These describe how the Authority is governed, controlled, and managed, including risk management, financial governance, and decision-making structures.
- Constitution
- Code of Good Governance
- Annual Governance Statement
- Corporate Risk Register
- CRMP Risk Register
- Financial Framework
- Procurement Regulations Document
- Anti-Fraud Framework
Compliance documents
These demonstrate statutory compliance, transparency, and regulatory reporting to government, inspectors, or the public.
- Statement of Accounts
- Statement of Assurance Against the Fire and Rescue National Framework for England (2018)
- Assessment of Compliance with the Local Government Transparency Code 2015 and the Trade Union (Facility Time Publication Requirements) Regulations 2017
- Gender Pay Gap Report
- Modern Slavery and Transparency in Supply Chains Statement
- Health and Safety Statement of Intent
- Charter for Families Bereaved through Public Tragedy
Strategy documents
These set out the Authority’s priorities, plans, and service delivery approach over the short, medium, and long term.
- Community Risk Management Plan (CRMP)
- Ten Year Assessment
- Medium Term Financial Plan
- Response and Resilience Strategy
- Prevention and Protection Strategy
- Strategy Enabling Plans, comprising:
- People and Culture Enabling Plan
- Digital and Data Plan
- Customer Plan
- Transforming Our Service
- Our customer Promise
F. Financial Governance - Framework
This describes the financial planning framework for the development of the Authority’s business plans and service budgets in line with key priorities.
- Treasury strategy
- Capital strategy
- Reserves strategy
Assumptions are made on the amount of income that is likely to be received from council tax, business rates and central government grant over the medium term, against the projected future level of spend. The strategies provide a forecast that enables the authority to plan how future expenditure can be funded through existing income, borrowing, and investments, use of reserves and efficiency savings.
G. Transparency and Public Rights
Public Access to Meetings and Information
Meetings of the Authority and its committees are open to the public except where confidential or exempt information is being considered.
Members of the public may:
• attend meetings of the Authority and its committees
• access agendas, reports and minutes published in advance of meetings
• request information held by the Authority under the Freedom of Information Act 2000, subject to applicable exemptions
Information about meetings, decisions and reports is published on the Authority’s website and in the standing orders. This can be accessed here: https://www.kent.fire-uk.org/fire-authority
Transparency and Public Accountability
The Authority publishes key information about its governance, finances and performance to comply with statutory transparency requirements and to support public accountability.
We ensure that the public and inspecting agencies have clear, accessible, and accurate information about the Authority’s services, decisions, and performance. By promoting transparency, public engagement, and informed decision-making, this helps individuals and communities understand risks, access safety resources, and hold KMFRA accountable for delivering life-saving services effectively.
- Reports from HMICFRS
- Consultation findings report
- Minutes from meetings of KMFRA, Audit and Governance Committee, and SOACC
- External auditor’s reports
- Freedom of Information
- Meeting our responsibilities under data protection legislation (privacy notices, etc)
- Assessment of Compliance with the Local Government Transparency Code 2015 and the Trade Union (Facility Time Publication Requirements) Regulations 2017
- How to get in touch
- Transparency Policy
H. Reviews and Amendment of the Constitution
This constitution will be kept under review to ensure it remains up to date and reflects the governance arrangements of the Authority.
Any proposed amendments to the constitution must be approved by the Corporate Management Board and then the Authority.
The Monitoring Officer is responsible for advising the Authority on the interpretation and application of the constitution and, in consultation with the Clerk to the Authority, may suggest updates to reflect changes in legislation, organisational structure or document references, subject to reporting these changes to the Authority.
Appendices
List of appendices
Where publicly available, links are provided.
Committee Terms of Reference
Appendix 1. The Kent Fire Services (Combination Scheme) Order
Appendix 2. KMFRA Standing Orders
Appendices 3 - 5. Committee Terms of Reference
comprising Terms of reference for: Audit and Governance Committee | Hearings Panel and Senior Officer Appointments | Conditions and Conduct Committee (SOACC)