Audit Committee 13 September 2011 Agenda Item No____12_________ PARTNERSHIPS AND THE PARTNERSHIP RISK REGISTER Summary: This report reviews the current partnership framework and its applicability in the financial and organisational environment. It outlines the further work that is to be undertaken. Conclusions: Further work is to be undertaken to redraft the current partnership framework in the light of the broad spectrum of “partnerships” that the Council is currently party to. Particular attention is to be paid to the governance arrangements and the involvement of Elected Members. Recommendations: That the actions outlined in the report be developed to provide a revised partnership framework for the Council that recognises the range of partners and provides a sound basis for assessing and reporting on partnership risk. Cabinet member(s): Ward(s) affected: All All David Ablett, 01263-516055 David.ablett@north-norfolk.gov.uk Contact Officer, telephone number, and e-mail: 1. Introduction 1.1. The Internal Audit report (NN10/02) dated October 2009 made a number of recommendations concerning partnerships. It reviewed the governance arrangements, performance information and risk management associated with partnership working in North Norfolk and made eleven recommendations (10 – medium; 1 – low). These are reproduced at Appendix 1 below. 1.2. In February 2011 the Corporate Risk Officer reported to the Head of Organisational Development with a status update on partnerships. The last M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 report on the “Partnership List and Risk Rating” to the Performance and Risk Management Board was in May 2010. 1.3. The engagement of the Council with third parties in delivering services has always been an important component of the democratic foundation of local government. The arrangements for partnership working and Members’ deployment to serve on Outside Organisations are part of this approach. 1.4. The drivers for partnership working identified by the Council are still present. The Government White paper in 2006 “Strong and Prosperous Communities” proposed a new approach to give local authorities “more opportunity to lead in their area”. However the emphasis is now changing, with the considerable financial pressures local government is currently experiencing and a revised view by Central Government of how its relationship with Local Government should develop in the future. 1.5. Firstly there has been the formalisation of ideas in respect of partnerships with the development of the Big Society. And secondly there has been a significant reduction in financial support to local authorities as the impact of the national deficit recovery programme hits the public sector. 1.6. The Big Society has a key component in mentoring and befriending as well as recognising the current retrenchment in local authority spending around core services. The Government have also launched a number of initiatives including a “barrier busting” team to help local communities work together to overcome bureaucracy. 1.7. It should also be noted that the British Standards Institution has developed a new national standard for collaborative business relationship management (BS 11000). The BSI recognises the need to “harness greater collaboration across both the public and private sectors” to deal with the economic challenges that are ahead. 2. Going forward 2.1. It is essential to the development, management and performance of partnerships that a definition is agreed which establishes the parameters that are embraced in partnership working. 2.2. The word partnership has come to be used in an ambiguous way across all different types of relationship. In local government this can range from the establishment of a Joint Committee to Members serving on an outside body. In progressing a revised partnership framework the boundaries of the partnerships it addresses must be clear. 2.3. The Council currently defines a partnership as follows: “A partnership involves a formal arrangement with some pooling of risk, resources or freedom of action.” M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 2.4. This is the basis of partnership but lacks the elements which underline the creation of the partnership which set it apart from the individual stakeholders while maintaining strong governance and resource management. 2.5. The elaboration in the current “Partnership Framework and Principles” does go some way towards this when it speaks of joint problem solving, shared governance, collective responsibility, mutual support and shared aims/ vision. However, for clarity a revised definition should be more explicit in identifying these elements. 2.6. A revised definition is suggested below: “A partnership is established as a formal working arrangement between a range of organisations for the delivery of shared goals and outcomes for the benefit of the community with some pooling of risk, resources and freedom of action.” 2.7. In essence this establishes the partnership as a discrete entity through which the Council is working, with other organisations, to deliver a shared objective which could be a statutory requirement, strategic arrangements, through joint committees or working with not for profit organisations. 2.8. This framework does not apply to: • Private Finance Initiatives • Procurement of contracted services where the Council pays other organisations to provide goods and services • Informal discussion/ consultation groups • Appointments to outside bodies where the Council has no strategic or policy function • Short term arrangements (probably less than a year) 2.9. However, the framework will cover working arrangements where there is: • Otherwise independent bodies are working together • Shared vision and interdependency • Cooperation to achieve a common goal • Joint planning and implementation of an agreed programme • Collective responsibility • Pooling of risk and reward 2.10. The result will provide a structure for the Council’s relationships with third parties that are not in themselves contracts for the supply of goods. Rather there is an element of mutuality implicit in the terms so that there is a common goal identified by all parties together with a sharing of accountability and risk. 3. Member appointments 3.1. Councillors play an important role in reflecting both the views of the community as well as those of the Council as a whole. In this respect they need to have an awareness of this framework and the part they will be called upon to play in the governance of partnerships. M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 3.2. Members must ensure that they understand the role that they are playing when working with a partnership. This will depend on the nature of the partnership. 3.3. Where the partnership is a joint committee or joint working group Members serve on them as Council Members and as far as liability is concerned this is covered by the Council’s insurers. 3.4. Where the partnership is independent of the Council and a Members appointment is as a representative rather than an executive one, the purpose of the appointment is to speak on behalf of the Council. 3.5. Finally where the Member is placed to act as a Trustee or member of the Management Committee they do not act as Council representative but work in the best interest of the partnership rather than the Council. In these circumstances the Council insurance will not cover them and they cannot be indemnified by the Council. 3.6. A comprehensive list of outside organisations and the Members who sit on them is attached at appendix 2. 4. Draft improvement plan 4.1. Improved partnership working that focuses on the corporate aims of the Council will require a fresh look at service aims and ambitions. A simple list of all outside organisations with which the Council has a relationship will not be sufficient to identifying the significant partnerships and will not, by itself, inform the partnership risk index. 4.2. The protocol will need to draw on the revised Corporate Plan and other strategies as well as Service Plans. 4.3. The key components in a framework are that it is graded and applicable to each relationship. In this way the degree of emphasis required and the level of governance arrangements can be assessed rather than a “one size fits all” approach. 4.4. A draft review framework is attached as appendix 3 to this report. 4.5. The eventual outcome of the review is to present to Members a protocol that will allow the Council to adopt a secure framework when working in partnership with other organisations. It will identify the level of financial control, governance and transparency that is required and the standards of conduct that the Council will expect from its partners. 4.6. There are a number of challenges implicit in partnership working which if not addressed could leave the partnership and the Council exposed to risk. For example: 4.6.1. Failure to understand the extent of Members involvement in partnership and the financial and legal implications. M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 4.6.2. Partnerships operating in isolation often duplicating effort. 4.6.3. Weak alignment between the partnership and the Council’s corporate plans aggravated by poor or non existent “reporting back” mechanisms 4.6.4. Limited use of Specific, Measurable, Achievable, realistic and Timely (SMART) action plans 4.6.5. Ambiguous responsibility for partnership scrutiny. 4.6.6. Lack of an agreed exit strategy, ownership of assets, definition of the accountable body etc. 5. Conclusion 5.1. The review is to be undertaken to redraft the current partnership framework in the light of the broad spectrum of “partnerships” that the Council is currently party to. Particular attention is to be paid to the governance arrangements and the involvement of Elected Members. 5.2. The proposals contained in this paper outline a methodology and a programme that will identify partnerships, grade them apply appropriate risk analysis and allow for an annual review of each partnership. 6. Recommendation 6.1. That the actions outlined in the report be developed to provide a revised partnership framework for the Council that recognises the range of partners and provides a sound basis for assessing and reporting on partnership risk. M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 Appendix 1 No. Recommendation Deadline 1 Management should ensure that the Partnership 22/09/09 Framework compiled in January 2009 is reviewed and approved by Scrutiny Committee. Furthermore, the framework should be presented to the Senior Management Team. 2 Management should ensure that partnership 28/02/10 assessment questionnaires are completed for the remaining significant partnerships. See also recommendation 5 for retaining evidence of assessments and approval by Cabinet. 3 Management should ensure that the Council maintains a central, detailed register of all partnerships which includes details of the role, significance to the Council, financial contribution and other resources to be provided by the Council to the partnership. The register should be refreshed in a timely manner to reflect the changes, and ensure there is sufficient clarity between what constitutes a “partnership” and what is a “contract”. Response The Framework was presented to, and agreed by, Senior Management Team on 17th July 2009 and reported to the Overview and Scrutiny Committee on 22nd September 2009 (Agenda item 10). The Corporate Risk Officer will ensure that partnership assessment questionnaires are completed for all five significant partnerships (as currently identified) working with the lead officers for each partnership. 31/12/09 The Partnership Risk Register includes all partnerships rated by risk. It is intended to keep one list rather than duplicate. The Corporate Risk Officer is undertaking a review with the lead officers to determine whether there are any new partnerships which need to be added, current ones amended or deleted. The complete list will initially be agreed with the Performance and Risk Board. There has been significant discussion as to the inclusion of certain ‘contracts’ on the Partnership register. In the instances where a contract has been included it is because it is considered that that contract is “delivering major services in a strategic arrangement” (page 5 of the Partnership Framework). 4 Management should ensure that clear links 28/02/10 between partnership objectives and the Council's corporate objectives are established and The Corporate Risk Officer is drawing up a Partnership Review Evaluation Template (recommendation 2) which will be completed by the lead officer for the M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee No. Recommendation documented. 13 September 2011 Deadline Response partnership. This identifies key aims and alignment with NNDC’s objectives. 5 Partnership initiation assessments/ business cases 31/03/10 should be carried out and retained for independent inspection and scrutiny. Furthermore, the assessments should be endorsed by the Cabinet as acceptable to the Council. This should include all new partnerships and respective approval where evidence cannot be located for all current partnerships. The frameworks risk grading (page 6) expects an initial review of the type of partnership it is and whether it needs robust governance from the Council. This review should be undertaken before any significant work is undertaken on business cases. Once the framework is up and running then this would form the initial assessment and would be completed and retained for each partnership. For existing partnerships, retrospective approval will be confirmed by completion of the evaluation template – once completed for each partnership, this will then go to Members via the PRMB. 6 Formal ToR should also be produced/in evidence for all existing Partnerships, including the Community Partnership, and where they are found not to exist, once produced, should be formally approved by all relevant parties. 31/03/10 This will be addressed through the completion of the 'partnership review evaluation template'. 7 The Corporate Risk Officer or other suitably approved designated officer(s) should liaise with lead officers of significant partnerships, and partnerships that are entered into in the future, in order to conduct a strategic review of governance arrangements. This should incorporate reviewing existing partnership boards and risk assessments. The outcome should be reported to the Performance and Risk Management Board and 28/02/10 Agreed - this will be completed using the 'partnership review evaluation template' for existing significant partnerships and by completion of the 'partnership checklist (page 38 of the framework) for new partnerships. M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee No. Recommendation Cabinet through an annual report which will feed into the Annual Governance Statement. 13 September 2011 Deadline 8 Management should monitor the action plan to Implemented ensure the Partnership Framework is completed 28/08/09 and approved within agreed timescales. Once approved, the Partnership Framework should be made available on the Council's intranet as identified in the action plan. 9 Management should ensure that partnerships that 28/02/10 make a significant contribution towards the performance of the Council are recognised within NNDC's performance indicators on the TEN system and reported to the Performance and Risk Management Board and Scrutiny Committee through the quarterly reports. Response There needs to be a new action plan produced to ensure that the framework is being followed. It was in place for the Scrutiny Committee (22nd September 2009) – this will then be available on the intranet. 10 Management should ensure that an action plan is agreed and documented in the Corporate Risk Register under the 'Partnership Working' risk. 30/11/09 The Performance and Risk Management Board are reviewing all Corporate Risks as they are being input to the Ten system and need to include specific actions to reduce those risks that can be reduced. 11 A comprehensive partnership risk register should be produced capturing the key risks posed to the Council by the significant partnerships. These risks should be assessed in line with Council's risk management strategy and a process should be established to escalate key partnership risks to the Corporate Risk Register. 30/11/09 See recommendation 3. The Partnership Risk Register includes all partnerships rated by risk. It is intended to keep one list rather than duplicate. Agree that there is a need to identify a procedure to escalate significant risks to the Corporate Risk Register, where appropriate. M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 Appendix 2 Appointment of Members to outside organisations is usually undertaken by full council on an annual basis. In this way the appointment process is transparent and where it calls for political balance this can be evidenced in the proceedings of the council and the minutes of the meeting. An outside organisation often provides services that either complement or supplement those provided by the council. They can include voluntary organisations, local government associations and companies. In some cases the person appointed will be a council representative and speak for the council at meetings and look after the council’s interests. On other bodies Members will be nominees and their main responsibility will be to the organisation to which they have been appointed. Ref.(+) Organisation No. of reps. 1 Fakenham Area Partnership 2 2 Griffon Area Partnership 2 Members Ms B Palmer Partnership Officers P’ship ref. Fakenham Area Partnership Beatrix Ward 22 Holt Area Partnership Beatrix Ward 23 Norfolk Coast Partnership Rob Young 29 Mr S Ward Mr T Ivory Mr N Smith 3 Holt Area Partnership 2 Mr P W High Mrs L Brettle 4 Norfolk Coast Partnership 1+2 Subs Mrs A M FitchTillett (Mrs L Brettle) (Mr P Terrington) M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee Ref.(+) Organisation 5 North Norfolk Business Forum 13 September 2011 No. of reps. 1 Members Mr N Smith Partnership Officers P’ship ref. Business Forum Robin Smith 7 6 North Norfolk Community Partnership (to be reviewed) North Norfolk Community Partnership Beatrix Ward 1 7 North Norfolk Skills Partnership (to be reviewed) Learning and Skills partnership Robin Smith 8 Stalham with Happing Partnership Beatrix Ward 18 Wells Area partnership Beatrix Ward 19 (and Tourism Sector Round Table) 8 Poppyland Partnership 2 Mrs S A Arnold Mrs H Thompson 9 Stalham with Happing Partnership 10 Stalham Sports Hall Development Group 2 Mr B Jarvis Mr R C Price 3 Mr B Jarvis Mr R C Price Mr R Stevens 11 Upcher Partnership 2 Mr B J Hannah Mr Richard Shepherd 12 Wells Area Partnership 2 Mr T FitzPatrick M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee Ref.(+) Organisation 13 September 2011 No. of reps. Members Partnership Officers P’ship ref. Mr J D Savory Supporting People Karen Hill 6 Norfolk Safer Communities Partnership Teri Munro 9 Norfolk Resilience Forum+ 8 sub groups Dave McQuirk 10 Bacton Emergency Services Liaison Group Dave McQuirk 11 Rural East Anglia Partnership Karen Hill 13 Sanctuary Project Karen Hill 14 Developing Partnership with RSLs (4+) Karen Hill 15 Multi Agency Public Protection Karen Hill 16 North Walsham Area Partnership Beatrix Ward 17 Cromer Area Partnership Beatrix Ward 20 Sheringham Area Partnership Beatrix Ward 21 Norfolk Rural Housing Enabler Advisory Group Nicola Turner 25 Bacton Woods Countryside partnership Paul Ingham 26 North Norfolk Community Paul Ingham 28 M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee Ref.(+) Organisation 13 September 2011 No. of reps. Members Partnership Officers P’ship ref. Woodlands Trust Investing in Communities Robin Smith 30 North Norfolk Shell Fisheries partnership Robin Smith 31 M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc Audit Committee 13 September 2011 Appendix 3 No 1 Review framework Deadline Definition Categories of partnership Outside bodies Consultation and feedback 2 Checklist Best practice Short version Long version 3 Evaluation Flow chart Annual review 4 Partnership risk register Categories of partnership Area partnerships Partnership/ contracts 5 Performance Measurements Terms of reference 6 Corporate risk M:\909\WPDATA\NEW COMMITTEES\Audit Committee\2011-2012\13 September 2011\Draft\Partnership report.doc