Please Contact: Linda Yarham Please email: linda.yarham@north-norfolk.gov.uk Please Direct Dial on: 01263 516019 6 September 2013 A meeting of the Audit Committee of North Norfolk District Council will be held in the Committee Room at the Council Offices, Holt Road, Cromer on Tuesday 17 September 2013 at 2.00 pm Members of the public who wish to ask a question or speak on an agenda item are requested to arrive at least 15 minutes before the start of the meeting. It will not always be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. Further information on the procedure for public speaking can be obtained from Democratic Services, Tel: 01263 516047, Email: democraticservices@north-norfolk.gov.uk Sheila Oxtoby Chief Executive To: Mr N D Dixon, Mr B Jarvis, Mrs A Moore, Miss B Palmer, Mr R Reynolds and Mr D Young All other Members of the Council for information. Members of the Management Team, appropriate Officers, Press and Public If you have any special requirements in order to attend this meeting, please let us know in advance If you would like any document in large print, audio, Braille, alternative format or in a different language please contact us Chief Executive: Sheila Oxtoby Strategic Directors: Nick Baker and Steve Blatch Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005 Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org AGENDA 1. TO RECEIVE APOLOGIES FOR ABSENCE 2. PUBLIC QUESTIONS To receive public questions, if any 3. ITEMS OF URGENT BUSINESS To determine any items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972. 4. DECLARATIONS OF INTEREST Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest. 5. MINUTES (Page 1) To approve as a correct record, the minutes of the meeting of the Audit Committee held on 18 June 2013. 6. APPOINTMENT OF VICE-CHAIRMAN To appoint a Vice-Chairman of the Committee. 7. AUDIT UPDATE AND ACTION LIST (Page 8) To monitor progress on items requiring action from the meeting of 18 June 2013, including progress on implementation of audit recommendations. 8. AUDIT COMMITTEE WORK PROGRAMME (Page 10) To review the Audit Committee Work Programme. 9. BUSINESS CONTINUITY To receive a verbal update from the Civil Contingencies Manager. 10. PWC 2012/13 ANNUAL GOVERNANCE REPORT (ISA260) (Page 11) To consider the Annual Governance Report. 11. ANNUAL REPORT OF THE MONITORING OFFICER 2012/13 (Page 33) To consider the Annual Report of the Monitoring Officer. 12. LOCAL GOVERNMENT OMBUDSMAN ANNUAL REVIEW LETTER (Page 41) To note the contents of the Local Government Ombudsman’s annual review letter. 13. LOCAL CODE OF CORPORATE GOVERNANCE AND ANNUAL GOVERNANCE STATEMENT 2012/13 (Page 43) (Appendix A: page 46; Appendix B: page 63) Summary: The Corporate Governance framework is made up of the systems and processes, culture and values by which an organisation is directed and controlled. For local authorities this includes how a council relates to the community it serves. The Local Code of Corporate Governance is a public statement of the ways in which the Council will achieve good corporate governance. It is based around six principles which were identified in the joint publication by the Chartered Institute of Public Finance and Accountancy (CIPFA) and the Society of Local Authority Chief Executives (SOLACE). The Annual Governance Statement is prepared following a review of all the evidences available to the Council in seeking compliance with its Local Code. Conclusions: The arrangements set out in the Local Code of Corporate Governance and the Annual Governance Statement will allow the Council to move ahead with its corporate planning processes confident that it can address the issues of governance and risk. Recommendations: Members are asked to review and approve the Annual Governance Statement along with the updated Local Code of Corporate Governance. Cabinet Member(s) Ward(s) affected All All Contact Officer, telephone number and email: Karen Sly, 01263 516243, Karen.sly@north-norfolk.gov.uk 14. 2012/13 STATEMENT OF ACCOUNTS (Page 93) (Copy of Appendix C enclosed for Committee Members only. Available for viewing on the Council’s website) Summary: This report presents the Statement of Accounts for 2012/13 for review by the Audit Committee prior to recommendation to Full Council for approval. The outturn position for the year was reported to Members in June and has been used to inform the production of the statutory annual accounts for 2012/13. Options considered: Not applicable Conclusions: The Statement of Accounts for 2012/13 has been produced in accordance with the Code of Practice on Local Authority Accounting. The draft accounts were produced by 30th June and since then have been subject to external audit review. Recommendations: Members are asked to consider and review the Statement of Accounts for 2012/13 and recommend their approval to Full Council. Reasons for Recommendations: To update Members on the Statutory Accounts position as at 31st March 2013 and their subsequent external audit review. Cabinet Member(s) Ward(s) affected Contact Officer, telephone number and email: Karen Sly, 01263 516243, karen.sly@north-norfolk.gov.uk 15. AUDIT COMMITTEE SELF- ASSESSMENT OUTCOMES (Appendix D: Page 99) (Page 96) Summary: The Chartered Institute for Public Finance and Accountancy (CIPFA) “Toolkit for Local Authority Audit Committees” identifies that it is good practice for Audit Committees to complete a regular self-assessment exercise and to assist this process, provides a checklist of operational requirements which it is recommended should be satisfied to ensure the Committee is performing effectively. This report comments on the outcomes of a self-assessment exercise undertaken with members of the Audit Committee on 18 June 2013 and responses canvassed to the final section on Administration which were subsequently provided after the Committee meeting, noting that the findings made will be used to further inform the 2013/14 review of the Effectiveness of Internal Audit. The results of the exercise are included at Appendix D to this report. The completed checklist highlights where compliance with recognised practice has been achieved, instances where there has been deviation and why this has been case, and also identifies those areas where additional enhancements are to be pursued to improve upon existing operational arrangements. Conclusions: Undertaking a review of its performance against good practice has ensured that the Committee has properly assessed the way in which it discharges its duties. The recent review of its remit and effectiveness has been comprehensively handled and where noncompliances have been realised, it has been recognised why they have arisen and confirmation then obtained as to how the Committee wishes to manage these issues on a future basis. 16. Recommendations: Members of the Committee are requested to approve the summary report, the detailed checklist that was completed, and resulting agreed actions to be progressed. Cabinet member(s): Wards: Contact Officer, telephone number, and e-mail: All All Sandra King, Internal Audit Consortium Manager 01508 533863 scking@s-norfolk.gov.uk PROGRESS REPORT ON INTERNAL AUDIT ACTIVITY, APRIL TO AUGUST 2013 (Page 106) (Appendix E: page 110; Appendix F: page 112) Summary: 14. This report examines progress made between 1 April and 31 August 2013 in relation to delivery of the Annual Audit Plan for 2013/14, and includes abbreviated management summaries in respect of the audit reviews which have been finalised in the course of this period. Conclusions: Adequate assurance levels have been awarded to the three audits completed in the first five months of the financial year. It is further noted that the Annual Audit Plan has been subject to some minor rescheduling; the timing of two assignments featuring in the plan has been revised. Recommendations: It is recommended that the Committee notes the outcomes of the three audits completed between 1 April and 31 August, together with the minor amendment made to the Annual Audit Plan for 2013/14. Cabinet member(s): Wards: Contact Officer, telephone number, and e-mail: All All Sandra King, Internal Audit Consortium Manager 01508 533863 scking@s-norfolk.gov.uk EXCLUSION OF THE PRESS AND PUBLIC To pass the following resolution, if necessary: “That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in of Part I of Schedule 12A (as amended) to the Act.” Agenda item 5_ AUDIT COMMITTEE Minutes of a meeting of the Audit Committee held on Tuesday 18 June 2013 in the Committee Room, Council Offices, Holt Road, Cromer at 2.00 pm. Members Present: Committee: Mr N D Dixon (Chairman) Mrs A Moore Mr R Reynolds Mr B Jarvis Miss B Palmer Mr D Young Officers in Attendance: Head of Finance, Chief Accountant, Internal Audit Consortium Manager, Internal Audit Field Manager, Civil Contingencies Manager, Regulatory Officer. 1. APOLOGIES None received. 2. PUBLIC QUESTIONS None received. 3. ITEMS OF URGENT BUSINESS None 4. DECLARATIONS OF INTEREST None. 5. MINUTES The Minutes of the meeting of the Audit Committee held on 19 March 2013 were approved as a correct record. 6. AUDIT UPDATE AND ACTION LIST Members were updated on progress on actions arising from the minutes of the meeting of 19 March 2013. Constitution Cllr Young considered that it was patronising to suggest that Members could not keep a loose-leaf format up to date. Cllr Moore stated that agendas were required to be supplied to Members in hard copy and she thought that this should also apply to the Constitution. However, it was agreed to accept the situation as it stood. Business Continuity The Civil Contingencies Manager reported that six Team Business Continuity Plans remained outstanding, but he was confident that they would be completed prior to the next Audit Committee meeting. An extra column had been added to the progress table to show target dates as requested. Audit Committee 1 18 June 2013 There was some uncertainty as to the status of an audit recommendation regarding ABS E-Financials. The Civil Contingencies Manager considered that this recommendation had been completed. The Chairman requested confirmation of the status of this recommendation at the next meeting. The top level Plan had been signed off and published, and would be reviewed next year. There may be a need for a capital bid for IT equipment to fit out the DR room. A reflective debrief had been undertaken in respect of the severe weather event. Some issues had been identified and lessons learned regarding notification of staff, home working, ensuring correctly trained staff were available, Customer Services telephones, and the waste contract. Steps were being taken to address these issues. The need for a DR/WAR site had been highlighted. The Chairman requested a verbal update from the Civil Contingencies Manager at each meeting instead of a formal written report. External Audit training It had not been possible to deliver External Audit training at this meeting. There was a significant cost implication attached to this training and therefore it would be more costeffective and efficient if it could be delivered when External Audit representatives were present at the meeting. The Head of Finance stated that training on the annual statement of accounts was scheduled for delivery at the next meeting and she would try to arrange the training over lunch. Both she and the Internal Audit Consortium Manager would need to discuss the training programme and the possibility of External Audit contributing to discussions rather than delivering specific training. Cllr Reynolds considered that there were some grey areas and that training would help. The priority for the September meeting would be training in preparation for the review of the Annual Statement of Accounts. 7. AUDIT COMMITTEE WORK PROGRAMME The Chairman stated that the Review of the Risk Register should be rolled on every six months. A note in italics had been included in error in the final column and would be deleted. RESOLVED That the Work Programme be noted. 8. ANNUAL REVIEW OF THE EFFECTIVENESS OF INTERNAL AUDIT FOR 2012/13 The Internal Audit Consortium Manager presented her report, which set out the results of an annual review of the effectiveness of Internal Audit, undertaken to satisfy criteria in the Accounts and Audit Regulations 2011. Internal Audit‟s performance and quality assurance framework had been examined to enable the Audit Committee to confirm whether Internal Audit Services were effective, and that the assurances provided in the Audit Committee 2 18 June 2013 Internal Audit Annual Report and Opinion could be relied upon, and used to inform the Council‟s Annual Governance Statement for 2012/13. The Internal Audit Consortium Manager reported that the CIPFA Code of Practice for Internal Audit in Local Government, with which the Internal Audit practices working practices were required to comply, would be replaced by consolidated Public Sector Internal Audit Standards (PSIAS) from 2013/14. The CIPFA code remained applicable for the 2012/13 effectiveness review. The existing performance and quality assurance framework predominantly met much of the new requirements, although there was an obligation to carry out external assessments of the effectiveness of internal audit at least once every five years. A summary of the review outcomes was presented as an appendix to the report, in which the service was benchmarked against a range of measures: a) Delivering the Aims and Objectives of Internal Audit. b) Complying with CIPFA‟s Code of Practice for Internal Audit in Local Government. c) Complying with CIPFA‟s Statement on the Role of the Head of Internal Audit in Local Government. d) Quality Standards applying to the Internal Audit Service. e) Strengthening the Council‟s Systems of Internal Control. f) Improving Service Delivery and Adding Value. g) Supporting an Effective Audit Committee. Additional information generated during the course of the review had been supplied to the Council‟s Section 151 Officer to afford independent verification of the detailed processes followed by the Internal Audit Consortium Manager as the Authority‟s Head of Internal Audit. The Internal Audit Consortium Manager reported that only two deviations from the CIPFA Code of Practice had been identified. One of these, Internal Audit‟s rights of access to all records, assets, personnel and premises, had been removed in error from the Council‟s Financial Regulations following a review of the Constitution and had not yet been reinstated. The Monitoring Officer had given an assurance that these rights would be reinstated without further delay under delegated powers. The other departure noted from the Code of Practice concerned a need for the Committee to review its own remit and effectiveness. It was intended to address this need for a Committee selfassessment following this meeting. Some issues had been identified with regard to performance in respect of Quality Standards applying to the Internal Audit Service. These were identified in the report. Assurance levels for individual audits carried out in 2012/13 were 92% positive. However, there were some limited assurances and more detail as to the areas affected had been given in the Annual Report. In conclusion, the outcomes of the Effectiveness Review confirmed that Internal Audit indicated that reliance could be placed on the opinions expressed by the Internal Audit Consortium Manager, which could then be used to inform the Council‟s Annual Governance Statement. The Internal Audit Consortium Manager answered Members‟ questions in relation to the delivery of audit assignments. A contributory factor to the late completion of the Annual Audit Plan and failing to meet targets for completing the individual stages of some audits had been due in part to the scheduling of planned work into the second half of the Audit Committee 3 18 June 2013 financial year, which had placed additional work pressures on the contractor. The Effectiveness Report however, also reflected on issues with late responses from management as well as the overrunning of fieldwork and an increase in review points arising from contractor work. With reference to problems linked to the processing of draft reports etc – it was noted that these problem areas would be examined in a workshop to be held in July between the Audit Management Team and Deloittes which would revisit audit working practices and explore how improvements to performance could be secured in 2013/14. The Head of Finance had also been invited to this workshop. There was clearly a need to consider whether Exit meetings with management would be helpful in speeding up the conversion of draft reports to final reports, an arrangement which had been introduced at another Consortium site with great success as timeframes involved here had improved considerably as a result of this action taken. RESOLVED That the findings of the Annual Review and the evidence gathered in support of the effectiveness of the Internal Audit Service be noted and taken into consideration when receiving the Internal Audit Consortium Manager‟s Annual Report and Opinion, and the Council‟s Annual Governance Statement. 9. INTERNAL AUDIT CONSORTIUM MANAGER’S ANNUAL REPORT AND OPINION FOR 2012/13 IN RESPECT OF NORTH NORFOLK DISTRICT COUNCIL The report had been developed to satisfy the mandatory requirements of the new Public Sector Internal Audit Standards (PSIAS), effective from 1 April 2013, and specifically Standard 2450, concerning the provision of an annual audit opinion on the overall adequacy and effectiveness of the organisation‟s framework of governance, risk management and control, and which should be used to inform the Council‟s Annual Governance Statement. The report also sought to confirm compliance with the Accounts and Audit (England) Regulations 2011, whereby the Council was required to „undertake an adequate and effective internal audit of its accounting records and of its system of internal control in accordance with the proper practices in relation to internal control‟. The standards for „proper practices‟ for internal audit applying to 2012/13 were detailed in CIPFA‟s Code of Practice for Internal Audit in Local Government in the United Kingdom (2006), although for 2013/14 onwards, the Code had been superseded by consolidated Public Sector Internal Audit Standards. The Annual Report and Opinion had been produced to demonstrate that the authority had met its statutory requirements, drawing upon the outcomes of Internal Audit work performed over the course of the year, to formulate an opinion concerning the overall internal control environment which has been operating at the Council throughout 2012/13. The Consortium Manager stated that the marginal increase in costs was as a result of a much expanded Internal Audit Plan compared to the previous year. Assurance levels awarded on conclusion of individual audits had shown noticeable improvement compared to the previous year. A change of methodology together with a new reporting template introduced in year, with reference to work undertaken in support of the preparation of the Annual Governance Statement had generated a higher number of audit opinions than previously, resulting in an extra 10 assurances being provided. In terms of the overall adequacy and effectiveness of the Council‟s governance, risk and control framework, the Internal Audit Consortium Manager was able to give the authority Audit Committee 4 18 June 2013 an adequate assurance to arrangements in place. An adequate audit opinion equated to a positive opinion. The Internal Audit Consortium Manager then outlined the outcomes of review work completed in relation to fundamental financial and non-financial systems, noting that limited assurances had been given to Council Tax and National Non Domestic Rates, and Housing and Council Tax Benefits. One high priority recommendation had arisen from the audit of Housing and Council Tax Benefit, but additional resources had been allocated to bring about a speedy resolution to the internal control issue originally identified. Corporate Governance provisions had received a good assurance whereas Risk Management had been given an adequate assurance, and these areas would in future be reviewed on a two-yearly cycle instead of annually. There was also some focus given to a number of adjustments made in respect of the Annual Audit Plan approved on 6 March 2012, the reasons for which were outlined in the report. Management Summaries and a briefing note had been issued as appendices to the report in respect of nine pieces of work finalised since early December 2012. Councillor D Young raised some questions concerning the Council‟s assurance framework and requested a flowchart to aid understanding of the various sources used to inform the organisation‟s Annual Governance Statement and how they interacted with each other. The Chairman commented upon disputed audit recommendations, referring to the Management Summary for NN/13/08 Payroll and Human Resources, where a low priority recommendation on Policy and Procedures had not been accepted by management. It was felt that such items should be examined in greater detail, in so far as the Chairman queried whether the recommendation was essential to the control environment or was instead desirable in terms of enhancing existing arrangements to conform with best practice. He considered there was some confusion around best practice and what the organisation was able to deliver based on the resources available. Deloittes‟ Field Manager explained that Internal Audit was required to comment on what represented best practice. In the case of the Payroll recommendation that had been disputed, there was no evidence to show that the policies and procedures were up to date and the risk had therefore been flagged up. The management response had been to accept the risk. The Chairman next referred to the issues that had arisen around Revenues and Benefits data migration to Kings Lynn and West Norfolk Borough Council, noted in the Management Summaries for Council Tax and National Non Domestic Rates, and Housing and Council Tax Benefit. In particular, he referred to concerns regarding the use of the word “compromised” in respect of the control environment. He considered that the impact of unforeseen circumstances should have been taken more into account when deciding what descriptions to use and that instead of “compromise”, there should have been an acknowledgement of this impact. The concerns regarding the interpretation of “compromised” were discussed. There was acknowledgement that substantial work had been undertaken to recover from a difficult situation and the circumstances which had led to it. In response to a question, the Head of Finance stated that the agreement between the Council and the Norfolk Museums and Archaeology Service had now been agreed and signed. Audit Committee 5 18 June 2013 The Head of Finance stated that a meeting had been arranged with the Head of Organisational Development to commence work on a review the Council‟s Risk Management Framework. RESOLVED to 1. Receive and note the contents of the Annual Report of the Internal Audit Consortium Manager. 2. Note that an adequate audit opinion has been given in relation to the overall adequacy and effectiveness of the organisation‟s governance, risk and control framework (i.e. control environment) for the year ended 31 March 2013. 3. Note that good assurance has been awarded to Corporate Governance provisions for the year ended 31 March 2013. 4. Note that an adequate audit opinion has been applied to systems of risk management for the year ended 31 March 2013. 5. Note that the opinions expressed together with significant matters arising from internal audit work and contained within this report should be given due consideration, when developing and reviewing the Council‟s Annual Governance Statement for 2012/13. 10. THE STATUS OF AGREED AUDIT RECOMMENDATIONS DUE FOR IMPLEMENTATION BY 31 MARCH 2013 The report provided an overview of progress made in implementing the agreed audit recommendations which had been due for completion by 31 March 2013. Good progress had been achieved in relation to the completion of agreed Internal Audit recommendations. The Internal Audit Consortium Manager stated that Internal Audit had validated a much higher number of completed recommendations than in previous years and the report was a very pleasing one to present to the Committee. RESOLVED That the management action taken to date regarding the implementation of audit recommendations be noted. 11. CORPORATE RISK REGISTER The Head of Finance presented the Corporate Risk Register, which had been updated since the meeting of the Performance and Risk Management Board in May 2013. The PRMB had requested a further review of the risk register format, which was due to be undertaken prior to the risk register being report in December 2013. Ineffective implementation of the Localism Act was no longer a significant risk; it was included on the register for completeness and transparency. The Head of Finance confirmed that work to put in place the immediate requirements of the Act was complete. RESOLVED That the Corporate Risk Register be noted. Audit Committee 6 18 June 2013 12. BUSINESS CONTINUITY The Civil Contingencies Manager had given a verbal update on this matter under Minute 6 (Audit Update and Action List). 13. IT STRATEGY GROUP MEETING MINUTES 26 MARCH 2013 RESOLVED That the minutes be noted. The meeting ended at 3.30 pm. ______________________ Chairman Audit Committee 7 18 June 2013 Agenda Item 7 AUDIT COMMITTEE 18 JUNE 2013 – ACTIONS ARISING FROM THE MINUTES 1. Business Continuity a) To check status of Audit recommendation regarding ABS E-Financials and provide update at next meeting. Richard Cook Update from Richard Cook: “The Financial BC team plan issue has now been resolved and Head of Finance has reported this to the auditors and I now have the completed and review BC plan for the Financial Team.” b) Verbal updates to be given at each meeting instead of formal written report. Richard Cook will attend the next meeting. 2. Training Karen Sly and Sandra King to discuss training programme. Possibility that External Audit could contribute to discussions instead of delivering specific training. Karen Sly/ Sandra King Informal training sought from External Audit, possibly in connection with Annual Audit letter in December, plus a session from Internal Audit on Audit Planning would also be appreciated in March 2014, prior to considering 2014/15 Strategic and Annual Audit Planning proposals. 3. Annual Governance statement Flowchart to be produced to aid understanding of the various sources used to inform the Annual Governance Statement and how they interact. Sandra King / Karen Sly An update will be forthcoming on presentation of the September agenda item covering the Local Code of Corporate Governance and Annual Governance Statement. This report examines the framework in place and the key sources of assurance feeding into the Annual Governance Statement. 4. Annual Review of the Effectiveness of Internal Audit for 2012/13 Internal Audit’s rights of access to all records, assets, personnel and premises to be reinstated in the Financial Regulations. David Johnson/Sandra King Rights of access were formally reinstated through an amendment to the Constitution, initiated by the Monitoring Officer in July 2013. 5. Annual Review of the Effectiveness of Internal Audit for 2012/13 Issues highlighted in relation to Internal Audit quality standards to be investigated at Workshop with contractor and Section 151 Officer, and measures identified to improve working arrangements in the 8 Sandra King future. Workshop has taken place and changes are currently being introduced to working practices to improve timeframes for processing audit assignments. NB: Vice-Chairman to be appointed at next meeting and ratified at Full Council 9 Agenda Item 8 AUDIT COMMITTEE WORK PROGRAMME 2013 - 2014 JUNE 2013 SEPTEMBER 2013 DECEMBER 2013 MARCH 2014 PWC PWC 2012/13 Annual Governance report (ISA260) Annual Audit Letter (PWC) Audit Plan (PWC) Annual Grant Certification Report Protocol for liaison between internal and external auditors External Audit training for Committee Internal Audit training for Committee Half yearly progress reports on the overall performance of the audit contract Quarterly Summaries of completed audits Report on follow-up work Audit Plan A verbal update will be given. Internal Audit Annual Review of the Effectiveness of Internal Audit Annual Report and Opinion Status of agreed actions Undertake selfassessment NNDC Corporate Risk Register/ risk management framework Business Continuity Plan Review Quarterly Summaries of completed audits Internal Audit training Statement of Accounts (+ informal training) Business Continuity Business Continuity Monitoring Officer’s Report Local Code of Corporate Governance and Action Plan – update and Annual Governance Statement 2012/13 – update 10 Corporate Risk Register / risk management framework Business Continuity Review www.pwc.co.uk North Norfolk District Council Report to those charged with governance Report to the Audit Committee of the authority on the audit for the year ended 31 March 2013 (ISA (UK&I)) 260) Government and Public Sector September 2013 11 Contents Code of Audit Practice and Statement of Responsibilities of Auditors and of Audited Bodies Executive summary 1 Audit approach 2 Significant audit and accounting matters 4 In April 2010 the Audit Commission issued a revised version of the ‘Statement of responsibilities of auditors and of audited bodies’. It is available from the Chief Executive of each audited body. The purpose of the statement is to assist auditors and audited bodies by explaining where the responsibilities of auditors begin and end and what is to be expected of the audited body in certain areas. Our reports and management letters are prepared in the context of this Statement. Reports and letters prepared by appointed auditors and addressed to members or officers are prepared for the sole use of the audited body and no responsibility is taken by auditors to any Member or officer in their individual capacity or to any third party. Risk of fraud 11 Fees update 11 Appendices 12 Appendix 1: Letter of representation 13 PwC Contents <North Norfolk District Council 12 An audit of the Statement of Accounts is not designed to identify all matters that may be relevant to those charged with governance. Accordingly, the audit does not ordinarily identify all such matters. Executive summary Background This report tells you about the significant findings from our audit. We presented our plan to you in March; we have reviewed the plan and concluded that it remains appropriate. Audit Summary We have completed the majority of our audit work and expect to be able to issue an unqualified audit opinion on the Statement of Accounts by 30th September 2013. The key outstanding matters, where our work has commenced but is not yet finalised, are: approval of the Statement of Accounts and letters of representation; receipt of pensions related information from the auditors of the administering body of the pension fund to which the Authority is party to; completion of our value for money work; and completion procedures including subsequent events review. Please note that this report will be sent to the Audit Commission in accordance with the requirements of its standing guidance. We look forward to discussing our report with you on 17th September. Attending the meeting from PwC will be Engagement Manager, Aphrodite Antoniades and Team Leader, Phil Beecher. PwC 1 <North Norfolk District Council 13 The approach to our audit work is tailored specifically to address the nature and risks faced by the Council while striving to bring new innovative approaches where possible Audit approach Smart People We continue to deploy quality people on your audit, supported Our team has been working side by side with the Centre of Excellence to ensure we are executing the best possible audit by a substantial investment in training and in our industry approach. programme. We have worked to maintain as much continuity as possible with Julian Rickett continuing as Engagement Leader for a third year and the On-site Team Leader, Phil Beecher returning for a second year while other staff have extensive local government auditing experience. Smart Approach Data auditing We use technology-enabled audit techniques to drive quality, efficiency and insight. Delivery centres We use dedicated delivery centres to deliver parts of our audit work that are routine and can be done by teams dedicated to specific tasks; for the audit of North Norfolk District Council this involved the technical review of the accounts and casting checks of the Statement of Accounts. Benefits for the audit The key benefits of our approach for your audit have been In 2013 the work included: Testing manual journals through data analytics, so we consider the complete population of manual journals and target our detailed testing on the items with the highest inherent risk; We will also continue to explore ways to extend our use of smart technology and data into other areas where we see an opportunity to add value, as well as for quality and efficiency. Centre of Excellence We have a Centre of Excellence in the UK for Local Government which is a dedicated team of specialists which advises, assists and shares best practice with our audit teams in more complex areas of the audit. Use of automated approaches to assessing the audit risks arising from manual journals; Use of auditors’ experts to assess the valuation of property, plant and equipment; Proactive discussions about accounting treatment for complex and material items; and Use of a dedicated accounts review team to assess compliance of your statement of accounts against the CIPFA Code of Practice. Smart Technology We have designed processes that automate and simplify audit activity wherever possible. Central to this is PwC’s Aura software, which has set the standard for audit technology. It is a powerful tool, enabling us to direct and oversee audit activities. Aura’s risk-based approach and workflow technology results in a higher quality, more effective audit and PwC 2 <North Norfolk District Council 14 . the tailored testing libraries allow us to build standard work programmes for key local government audit cycles. Smart people Our risk assessment remains the same as the audit plan we presented to you in March 2013. We have summarised our response to the significant risks for your audit Smart approach Smart technology The PwC Audit We have summarised below the significant risks we identified in our audit plan and the audit approach we took to address them. Risk Categorisation Audit approach Management Override of Controls ISA (UK&I) 240 requires that we plan our audit work to consider the risk of fraud, which is presumed to be a significant risk in any audit. This includes consideration of the risk that management may override controls in order to manipulate the financial statements. Significant Risk We performed procedures to: Revenue and Expenditure Recognition Significant Risk test the appropriateness of journal entries; review accounting estimates for biases and evaluate whether circumstances producing any bias, represent a risk of material misstatement due to fraud; evaluate the business rationale underlying significant transactions; and perform ‘unpredictable’ procedures. We have: placed reliance on internal audit work on key income and expenditure controls; Under ISA (UK&I) 240 there is a (rebuttable) presumption that there are risks of fraud in revenue recognition. We extend this presumption to the recognition of expenditure in local government. tested key income and expenditure controls and confirmed they are operating effectively; evaluated the accounting policies for income and expenditure recognition; tested the appropriateness of journal entries and other adjustments; reviewed accounting estimates for income and expenditure, for example, provisions; and performed analytical review on income and expenditure at year end and reconciled your management information to the information presented in the accounts on a gross basis. PwC 3 <North Norfolk District Council 15 Your main accounting issues relate to: Disclosures Property, plant and equipment Accounting estimates Significant audit and accounting matters Auditing Standards require us to tell you about relevant matters relating to the audit of the Statement of Accounts sufficiently promptly to enable you to take appropriate action. Accounts We have completed our audit, subject to the following outstanding matters: approval of the Statement of Accounts and letters of representation; receipt of pensions related information from the auditors of the administering body of the pension fund to which the Authority is party to; completion of our value for money work; and completion procedures including subsequent events review. Accounting issues Financial Statements and Disclosures Our audit work on the draft financial statements to ensure that balances are presented and disclosed appropriately in accordance with the IFRS Code of Practice for Local Authority Accounting identified a small number of technical issues regarding presentation and disclosure. Overall the draft financial statements provided to us were of a high quality and we recognise the work of the finance team in respect of this. Property, plant and equipment The Council has a significant property, plant and equipment portfolio and a number of significant judgements are required in order to generate the figures in the financial statements. Subject to the satisfactory resolution of these matters, the finalisation of the Statement of Accounts and their approval of them we expect to issue an unqualified audit opinion. Your draft accounts include total fixed assets with a net book value of £43.6 million, largely made up of land and buildings (2011/12 net book value of £42.7 million). As part of our work on the Statement of Accounts we are required to examine the Whole of Government Accounts schedules submitted to the Department for Communities and Local Government and issue an opinion stating whether in our view they are consistent with the Statement of Accounts. At the time of writing the work on the WGA remains outstanding due to the slippage in the timetable at the DCLG for enabling Councils to prepare draft packs. We will provide a verbal update to the Committee at its meeting on 17 September 2013 on the progress of this work. The Council has a rolling programme to ensure that all property, plant and equipment is revalued at least every five years and that the fair value measurement is materially accurate every year. The revaluation work for the current year was undertaken by the Council’s own internal valuer. The valuations were carried out as at 31 March 2013 with the principal focus of the rolling programme being car parks and investment properties. PwC 4 <North Norfolk District Council 16 Your pension liability is a significant estimate in the statement of accounts. This page summarises the movement over time. Pensions liability The most significant estimate in the Statement of Accounts is in the valuation of net pension liabilities for employees in the Norfolk County Council pension fund. Your net pension liability at 31 March 2013 was £31.8 million (2012 - £26.4 million). The 2013 triennial valuation is yet to be concluded and will be reflected in the 2013/14 Statement of Accounts. The deficit for the Local Government Pension Scheme nationally as a whole is expected to have increased from £38bn to £80bn since 2010. Although assets increased in value in this period by 20%, the value of the liabilities has increased by more than 40%. The chart to the right shows the significant movement in your net pension liability over the last few years. Council Pension Liability between 2007/08 and 2012/13 40,000 Net Pension Liability ('000) In estimating the fair value to be included in the 2012/13 accounts, management has utilised the expertise of the Council’s internal valuers. The assumptions used by these experts remain the responsibility of management. We reviewed the work of the Council’s internal valuers and found no significant matters to report. 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 Financial year Note that as at 31/03/2011 the measure of inflation changed from RPI to CPI which had the effect of reducing the pension liability. We are currently awaiting receipt of the pension information from the auditors of the administering body the Authority is party to. We will need to consider the reasonableness of the assumptions underlying the pension liability once this information is received. PwC 5 <North Norfolk District Council 17 Changes to IAS 19: Employee Benefits From 2013/14 there will be changes to the accounting for defined benefit schemes and termination benefits. For defined benefit schemes the net finance cost will be used. The net scheme liabilities/assets will be unwound using the discount rate for the pension liability and the costs of administering the scheme will be recognised directly in expenses. The definition of termination benefits has changed and does not now include liabilities where there is a future service element. They do not include any ‘voluntary’ element. There were no significant uncorrected misstatements identified during the audit. The 2012/13 accounts need to include disclosure of standards issued but not adopted and estimates of their likely financial effect. As a result, estimates of the impact of IAS 19 (Revised) have been obtained from the actuary. The impact on the Authority in the 2012/13 accounts is £329,000 which is not material to the accounts. Misstatements and significant audit adjustments We have to tell you about all uncorrected misstatements we found during the audit, other than those which are trivial. There were no significant uncorrected misstatements identified during the audit. Significant accounting principles and policies Significant accounting principles and policies are disclosed in the notes to the Statement of Accounts. We will ask management to represent to us that the selection of, or changes in, significant accounting policies and practices that have, or could have, a material effect on the Statement of Accounts have been considered. Judgments and accounting estimates The following significant judgments or accounting estimates were used in the preparation of the Statement of Accounts Property, Plant and Equipment - Depreciation and Valuation: You charge depreciation based on an estimate of the Useful Economic Lives for the majority of your Property, Plant and Equipment (PPE). Your total depreciation charge in 2012/13 was £1.74 million (2011/12 £2.09 million). This involves a degree of estimation. You also value your PPE in accordance with your accounting policies to ensure that the carrying value is true and fair. This involves judgement and reliance on your internal valuers. Accruals: You raise accruals for expenditure where an invoice has not been raised or received at the year end, but you know there is a liability to be met which relates to the current year. This involves a degree of estimation. Accruals are not disclosed separately within the statement of accounts. Pensions: See above. You rely on the work of an actuary in calculating these balances. We will ask you to represent to us that you are satisfied with the assumptions made in arriving at these judgements and estimates in the accounts. PwC 6 <North Norfolk District Council 18 Management representations We ask for representation from you on a number of matters including: Valuation of property, plant and equipment The final draft of the representation letter that we ask management to sign is attached in Appendix 1. In addition to the standard representations we have requested specific representations on the work of (valuation) experts. PwC 7 <North Norfolk District Council 19 Audit independence We are required to follow both the International Standard on Auditing (UK and Ireland) 260 (Revised) “Communication with those charged with governance”, UK Ethical Standard 1 (Revised) “Integrity, objectivity and independence” and UK Ethical Standard 5 (Revised) “Non-audit services provided to audited entities” issued by the UK Auditing Practices Board. Together these require that we tell you at least annually about all relationships between PricewaterhouseCoopers LLP in the UK and other PricewaterhouseCoopers’ firms and associated entities (“PwC”) and the Authority that, in our professional judgement, may reasonably be thought to bear on our independence and objectivity. For the purposes of this letter we have made enquiries of all PricewaterhouseCoopers’ teams whose work we intend to use when forming our opinion on the truth and fairness of the Statement of Accounts. Relationships between PwC and the Authority We are not aware of any relationships that, in our professional judgement, may reasonably be thought to bear on our independence and objectivity and which represent matters that have occurred during the financial year on which we are to report or up to the date of this document. Relationships and Investments We have not identified any potential issues in respect of personal relationships with the Authority or investments in the Authority held by individuals. Employment of PricewaterhouseCoopers staff by the Authority We are not aware of any former PwC partners or staff being employed by, or holding discussions in respect of employment with, the Authority as a director or in a senior management position covering financial, accounting or control related areas. Business relationships We have not identified any business relationships between PwC and the Authority. Services provided to the Authority The audit of the Statement of Accounts is undertaken in accordance with the UK Firm’s internal policies. The audit is also subject to other internal PwC quality control procedures such as peer reviews by other offices. Fees The analysis of our audit fees for the year ended 31 March 2013 is included on page 15. In relation to the non-audit services provided, none included contingent fee arrangements. Services to Directors and Senior Management PwC does not provide any services e.g. personal tax services, directly to directors, senior management. Rotation It is the Audit Commission's policy that engagement leaders at an audited body at which a full Code audit is required to be carried out should act for an initial period of five years. The Commission’s view is that generally the range of regulatory safeguards it applies within its audit regime is sufficient to reduce any threats to independence that may otherwise arise at the end of this period to an acceptable level. Therefore, to safeguard audit quality, and in accordance with APB Ethical Standard 3, it will subsequently approve engagement leaders for an additional period of up to no more than two years, provided that there are no considerations that compromise, or could be perceived to compromise, the engagement leader’s independence or objectivity. PwC 8 <North Norfolk District Council 20 Gifts and hospitality We have not identified any significant gifts or hospitality provided to, or received from, a member of Authority’s Cabinet or senior management or staff. Conclusion We hereby confirm that in our professional judgement, as at the date of this document: we comply with UK regulatory and professional requirements, including the Ethical Standards issued by the Auditing Practices Board; and our objectivity is not compromised. We would ask the Audit Committee to consider the matters in this document and to confirm that they agree with our conclusion on our independence and objectivity. Annual Governance Statement Local Authorities are required to produce an Annual Governance Statement (AGS), which is consistent with guidance issued by CIPFA / SOLACE: “Delivering Good Governance in Local Government”. The AGS was included in the Statement of Accounts. We reviewed the AGS to consider whether it complied with the CIPFA / SOLACE “Delivering Good Governance in Local Government” framework and whether it is misleading or inconsistent with other information known to us from our audit work. We found no areas of concern to report in this context. PwC 9 <North Norfolk District Council 21 Value for Money Economy, efficiency and effectiveness Our value for money code responsibility requires us to carry out sufficient and relevant work in order to conclude on whether the Authority has put in place proper arrangements to secure economy, efficiency and effectiveness in the use of resources. The Audit Commission guidance includes two criteria: The organisation has proper arrangements in place for securing financial resilience; and The organisation has proper arrangements for challenging how it secures economy, efficiency and effectiveness. We determine a local programme of audit work based on our audit risk assessment, informed by these criteria and our statutory responsibilities. We have completed our work, subject to the following outstanding matters: Completion of our internal review procedures, including addressing any queries which may result from this. Subject to the satisfactory resolution of these matters we anticipate issuing an unqualified value for money conclusion. PwC 10 <North Norfolk District Council 22 Fraud is a risk in all organisations. We ask you to represent to us that you have made us aware of all fraud affecting the Council. Risk of fraud We discussed with you your understanding of the risk of fraud and corruption and any reported instances when presenting our plan. In presenting this report to you we ask for your confirmation that there have been no changes to your view of fraud risk and that no additional matters have arisen that should be brought to our attention. A specific confirmation from management in relation to fraud is included in the letter of representation. Fees update Fees update for 2012/13 We reported our fee proposals in our plan, presented to you in March, which total £110,350. Our actual fees were £110,350. Our fee for certification of grants and claims is yet to be finalised for 2012/13 and will be reported to those charged with governance within the Grants Report to Management in relation to 2012/13 grants. PwC 11 <North Norfolk District Council 23 Appendices PwC 12 <North Norfolk District Council 24 Appendix 1: Letter of representation The letter of representation includes generic and specific items that we require you to represent to us as appropriate in the compilation of the Statement of Accounts PriceWaterhouseCoopers LLP 2nd Floor 3 St James Court Whitefriars Norwich Norfolk NR3 1RJ Dear Sirs Representation letter – audit of North Norfolk District Council’s (the Authority) Statement of Accounts for the year ended 31 March 2013 Your audit is conducted for the purpose of expressing an opinion as to whether the Statement of Accounts of the Authority give a true and fair view of the affairs of the Authority as at 31 March 2013 and of its deficit and cash flows for the year then ended and have been properly prepared in accordance with the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom 2012/13 supported by the Service Reporting Code of Practice 2012/13. I acknowledge my responsibilities as Chief Financial Officer for preparing the Statement of Accounts as set out in the Statement of Responsibilities for the Statement of Accounts. I also acknowledge my responsibility for the administration of the financial affairs of the authority and that I am responsible for making accurate representations to you. I confirm that the following representations are made on the basis of enquiries of other chief officers and members of the Authority with relevant knowledge and experience and, where appropriate, of inspection of supporting documentation sufficient to satisfy myself that I can properly make each of the following representations to you. I confirm, to the best of my knowledge and belief, and having made the appropriate enquiries, the following representations: PwC 13 <North Norfolk District Council 25 Statement of Accounts I have fulfilled my responsibilities for the preparation of the Statement of Accounts in accordance with the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom 2012/13 supported by the Service Reporting Code of Practice 2012/13; in particular the Statement of Accounts give a true and fair view in accordance therewith. All transactions have been recorded in the accounting records and are reflected in the Statement of Accounts. Significant assumptions used by the Authority in making accounting estimates, including those surrounding measurement at fair value, are reasonable. All events subsequent to the date of the Statement of Accounts for which the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom 2012/13 requires adjustment or disclosure have been adjusted or disclosed. The effects of uncorrected misstatements are immaterial, both individually and in the aggregate, to the Statement of Accounts as a whole. Information Provided I have taken all the steps that I ought to have taken in order to make myself aware of any relevant audit information and to establish that you, the authority's auditors, are aware of that information. I have provided you with: access to all information of which I am aware that is relevant to the preparation of the Statement of Accounts such as records, documentation and other matters, including minutes of the Authority and its committees, and relevant management meetings; additional information that you have requested from us for the purpose of the audit; and unrestricted access to persons within the Authority from whom you determined it necessary to obtain audit evidence. So far as I am aware, there is no relevant audit information of which you are unaware. Accounting policies I confirm that I have reviewed the Authority’s accounting policies and estimation techniques and, having regard to the possible alternative policies and techniques, the accounting policies and estimation techniques selected for use in the preparation of Statement of Accounts are appropriate to give a true and fair view for the authority's particular circumstances. PwC 14 <North Norfolk District Council 26 Fraud and non-compliance with laws and regulations I acknowledge responsibility for the design, implementation and maintenance of internal control to prevent and detect fraud. I have disclosed to you: the results of our assessment of the risk that the Statement of Accounts may be materially misstated as a result of fraud. all information in relation to fraud or suspected fraud that we are aware of and that affects the Authority and involves: – management; – employees who have significant roles in internal control; or – others where the fraud could have a material effect on the Statement of Accounts. all information in relation to allegations of fraud, or suspected fraud, affecting the Authority’s Statement of Accounts communicated by employees, former employees, analysts, regulators or others. all known instances of non-compliance or suspected non-compliance with laws and regulations whose effects should be considered when preparing Statement of Accounts. I am not aware of any instances of actual or potential breaches of or non-compliance with laws and regulations which provide a legal framework within which the Authority conducts its business and which are central to the authority’s ability to conduct its business or that could have a material effect on the Statement of Accounts. I am not aware of any irregularities, or allegations of irregularities including fraud, involving members, management or employees who have a significant role in the accounting and internal control systems, or that could have a material effect on the Statement of Accounts. Related party transactions I confirm that we have disclosed to you the identity of the Authority’s related parties and all the related party relationships and transactions of which we are aware. Related party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of Section 3.9 of the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom 2012/13. We confirm that we have identified to you all senior officers, as defined by the Accounts and Audit Regulations 2011, and included their remuneration in the disclosures of senior officer remuneration. PwC 15 <North Norfolk District Council 27 Employee Benefits I confirm that we have made you aware of all employee benefit schemes in which employees of the authority participate. Contractual arrangements/agreements All contractual arrangements (including side-letters to agreements) entered into by the Authority have been properly reflected in the accounting records or, where material (or potentially material) to the statement of accounts, have been disclosed to you. Litigation and claims I have disclosed to you all known actual or possible litigation and claims whose effects should be considered when preparing the statement of accounts and such matters have been appropriately accounted for and disclosed in accordance with the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom 2012/13. Taxation I have complied with UK taxation requirements and have brought to account all liabilities for taxation due to the relevant tax authorities whether in respect of any direct tax or any indirect taxes. I am not aware of any non-compliance that would give rise to additional liabilities by way of penalty or interest and I have made full disclosure regarding any Revenue Authority queries or investigations that we are aware of or that are ongoing. In particular: In connection with any tax accounting requirements, I am satisfied that our systems are capable of identifying all material tax liabilities and transactions subject to tax and have maintained all documents and records required to be kept by the relevant tax authorities in accordance with UK law or in accordance with any agreement reached with such authorities. I have submitted all returns and made all payments that were required to be made (within the relevant time limits) to the relevant tax authorities including any return requiring us to disclose any tax planning transactions that have been undertaken the authority’s benefit or any other party’s benefit. I am not aware of any taxation, penalties or interest that are yet to be assessed relating to either the authority or any associated company for whose taxation liabilities the authority may be responsible. PwC 16 <North Norfolk District Council 28 Pension fund assets and liabilities All known assets and liabilities including contingent liabilities, as at the 31 March 2013, have been taken into account or referred to in the Statement of Accounts. Details of all financial instruments, including derivatives, entered into during the year have been made available to you. Any such instruments open at the 31 March 2013 have been properly valued and that valuation incorporated into the Statement of Accounts. Bank accounts I confirm that I have disclosed all bank accounts to you including those that are maintained in respect of the pension fund. Subsequent events Other than as described in the Statement of Accounts, there have been no circumstances or events subsequent to the period end which require adjustment of or disclosure in the statement of accounts or in the notes thereto. Accounting Estimates Regarding the accrual for uncompensated absences, an accounting estimate that was recognised in the financial statements: The Authority has used appropriate measurement processes, including related assumptions and models, in determining the accounting estimate in the context of the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom. Using the work of experts I agree with the findings of our valuation expert, experts in evaluating the value of our non-current assets and have adequately considered the competence and capabilities of the experts in determining the amounts and disclosures used in the preparation of the Statement of Accounts and underlying accounting records. The Authority did not give or cause any instructions to be given to experts with respect to the values or amounts derived in an attempt to bias their work, and I am not otherwise aware of any matters that have had an impact on the objectivity of the experts. PwC 17 <North Norfolk District Council 29 Contractual arrangements/agreements The Authority has complied with all aspects of contractual agreements that could have a material effect on the Statement of Accounts in the event of non-compliance. There has been no non-compliance with requirements of regulatory authorities that could have a material effect on the Statement of Accounts in the event of non-compliance. I have disclosed all material agreements that have been undertaken by the Authority in carrying on its business. Assets and liabilities The Authority has no plans or intentions that may materially alter the carrying value and where relevant the fair value measurements or classification of assets and liabilities reflected in the Statement of Accounts. In my opinion, on realisation in the ordinary course of the business the current assets in the balance sheet are expected to produce no less than the net book amounts at which they are stated. The Authority has no plans or intentions that will result in any excess or obsolete inventory, and no inventory is stated at an amount in excess of net realisable value. The Authority has satisfactory title to all assets and there are no liens or encumbrances on the Authority’s assets, except for those that are disclosed in the Statement of Accounts. I confirm that we have carried out impairment reviews appropriately, including an assessment of when such reviews are required, where they are not mandatory. I confirm that we have used the appropriate assumptions with those reviews. Details of all financial instruments, including derivatives, entered into during the year have been made available to you. Any such instruments open at the year-end have been properly valued and that valuation incorporated into the statement of accounts. When appropriate, open positions in off-balance sheet financial instruments have also been properly disclosed in the Statement of Accounts. Financial Instruments All embedded derivatives have been identified and appropriately accounted for under the CIPFA/LASAAC Code of Practice on Local Authority Accounting in the United Kingdom 2012/13. Where hedging relationships have been designated as either firm commitments or highly probable forecast transactions, I confirm that our plans and intentions are such that these relationships qualify as genuine hedge arrangements. Where fair values have been assigned to financial instruments, I confirm that the valuation techniques, the inputs to those techniques and assumptions that have been made are appropriate and reflect market conditions at the balance sheet date, and are in line with the business environment in which we operate. PwC 18 <North Norfolk District Council 30 Retirement benefits All significant retirement benefits that the Authority is committed to providing, including any arrangements that are statutory, contractual or implicit in the authority’s actions, wherever they arise, whether funded or unfunded, approved or unapproved, have been identified and properly accounted for and/or disclosed. All settlements and curtailments in respect of retirement benefit schemes have been identified and properly accounted for. The following actuarial assumptions underlying the valuation of retirement benefit scheme liabilities are consistent with my knowledge of the business and in my view would lead to the best estimate of the future cash flows that will arise under the scheme liabilities: Rate of Increase in Salaries 5.1% (1% until 2015) Rate of Increase in Pensions 2.8% Discount Rate 4.5% Expected Return on Assets Longevity at 65 for current pensioners 4.5% Men 21.2 years Women Longevity at 65 for future pensioners 23.4 years Men 23.6 years Women 25.8 years ........................................ Chief Financial Officer For and on behalf of Date …………………… PwC 19 <North Norfolk District Council 31 In the event that, pursuant to a request which North Norfolk District Council has received under the Freedom of Information Act 2000, it is required to disclose any information contained in this report, it will notify PwC promptly and consult with PwC prior to disclosing such report. North Norfolk District Council agrees to pay due regard to any representations which PwC may make in connection with such disclosure and North Norfolk District Council shall apply any y relevant exemptions which may exist under the Act to such report. If, following consultation with PwC, North Norfolk District Council discloses this report or any part thereof, it shall ensure that any disclaimer which PwC has included or may subsequentl y wish to include in the information is reproduced in full in any copies disclosed. This document ent has been prepared only for North Norfolk District Council and solely for the purpose and on the terms agreed through our contract with the Audit Commission. Commission We accept no liability (including for negligence) to anyone else in connection with this document, and it may not be provided to anyone else. © 2013 PricewaterhouseCoopers LLP. All rights reserved. In this document, "PwC" refers to the UK member firm, and m ay sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. 130610-142627-JA-UK 32 Agenda item ___11____ Monitoring Officer Annual Report 2012/13 Section Numbers Contents 1 Introduction 2 The Monitoring Officer’s Work April 2012 – March 2013 3 Key Messages 4 Looking Forward 5 Overall opinion on the adequacy and effectiveness of the Governance framework 33 1. Introduction 1.1 The Monitoring Officer’s Annual Report summarises the more important matters arising from the Monitoring Officer’s work for the District Council from 1 April 2012 to 31 March 2013 and comments on other current issues. 1.2 Corporate Governance is the system by which local authorities direct and control their functions and relate to their communities. It is founded on the fundamental principles of openness, integrity and accountability together with the overarching concept of leadership. In this respect, North Norfolk District Council recognises the need for sound corporate governance arrangements and over the years has put in place policies, systems and procedures designed to achieve this. 1.3 The Monitoring Officer is appointed under Section 5 of the Local Government and Housing Act 1989 and has a number of statutory functions in addition to those conferred under the Local Government Act 2000 and subsequent regulations governing local investigations into Member conduct. These are outlined in the next section of the report. 2. The Monitoring Officer’s Work April 2012 – March 2013 2.1 The Monitoring Officer has undertaken the following work during the year from April 2012 to March 2013. Duties (a) Report on contraventions or likely contraventions of any enactment or rule of law. Work undertaken None (b) There have been no such reportable incidents. (c) Report any findings of maladministration causing injustice where the Ombudsman has carried out an investigation. Establish and maintain the Register of Member’s interests and gifts and hospitality. Members have been trained in the provisions of the new Code and have been issued with Guidance. The Register of Members’ Interests is publicised on the Council’s website. The Registers remain as a standing item on the Standards Committee Agenda and are available for Members or members of the public to inspect. Monitoring Officer Annual Report 2012/13 34 ( Duties d) Maintain Register of Employees gifts and hospitality and declaration of officer’s interests in contract. Work undertaken The Registers have been updated regularly and are open to inspection. (e) During the year between April 2012 and March 2013 a total of 10 complaints have been received, compared with 36 in 2011 / 12. Investigate misconduct in respect of District, Parish and Town Councillors under the Code of Conduct. 3 Cases were referred for investigation (8 in 2011/12) and none were referred for other action (16 in 2011/12). Of the 3 referred for investigation, 1 was found to have breached the Code of Conduct, 2 were found to have no breach. Of the 10 complaints received, 1 related to a District Councillor and 9 related to Town or Parish Councillors. Members have regularly sought advice in order to comply with the Code of Conduct, particularly in relation to declaring interests under the Code. (f) Investigate breaches of the Council’s own protocols. There have been no alleged breaches of the Council’s own protocols. (g) Provide advice to Town and Parish Councils on the interpretation of the Code of Conduct. The Monitoring Officer has provided advice to Parish Councils on the Standards and Conduct Arrangements during 2012/13 face to face, by letter, telephone and email. Monitoring Officer Annual Report 2012/13 35 Duties (h) Promote and support high standards of conduct through support to the Standards Committee. Work undertaken The Standards Committee have received reports on a range of matters during 2012/13 including; Regular reporting of outstanding cases. Reports requested by the Committee. Progress of other action. Implementation of the Localism Act 2011. The Standards Committee has been programmed to meet on a bi-monthly basis with reserve dates for alternate months. During the year to 31 March 2013, the Standards Committee actually met on 6 occasions. (i) Compensation for maladministration. None. (k) Maintenance and review of the Constitution. A revised Constitution was adopted by the Council at its December 2012 meeting (l) Responsibility for complaints made under the Council’s Whistleblowing and Anti-Fraud policies. One reference was made under the Whistleblowing and Anti-Fraud policies and the Whistleblowing Panel was convened. On investigation the matter was found to be a complaint not about the council but about an external contractor. The Whistleblowing and AntiFraud process was discontinued and the matter pursued under the contract monitoring arrangements. (m) Breaches of the Employee Code of Conduct. There have been no formal allegations of breaches under the Employee Code of Conduct. Monitoring Officer Annual Report 2012/13 36 Duties (n) Advice on vires issues, maladministration, financial impropriety, probity and policy framework. Work undertaken The Monitoring Officer has been consulted on new policy proposals and on matters, which have potentially significant legal implications. The Monitoring Officer has attended Council and other Committees as necessary. The report template has been updated this year but continues to require authors to forward reports to the Monitoring Officer for review of the legal implications prior to submission for agendas where appropriate or to explain why this has not been necessary. The Monitoring Officer regularly advises on the legality and/or appropriateness of administrative procedures, in conjunction with the Democratic Services Team. 3. Key Messages 3.1 The key messages to note from the year are: (i) The systems of internal control administered by the Monitoring Officer including compliance with the Council’s Constitution were adequate and effective during the period for the purposes of the latest Regulations. However, it is important that Members and Officers are regularly reminded of their obligations and updated on any changes to ensure there is no complacency. (ii) Following the revision of the Constitution, there will be a need to monitor and review how any new aspects of the Constitution are working and whether and what fine tuning may need to take place. 4. Looking Forward 4.1 The key issues for 2013/14 are as follows; 4.2 Code of Conduct 4.2.2 In accordance with the resolution of Standards Committee to engage with parish councils over their promotion and maintenance of high standards of ethics and conduct. Monitoring Officer Annual Report 2012/13 37 4.2.3 To consider the role and impact of the Council’s Independent Person and whether any changes to the role and to the activities required of the Independent Person. 4.3 Corporate Governance Framework 4.3.1 The Council will keep the Code of Corporate Governance under review, taking into account any revisions to associated guidance and any recommendations arising from audit reports. 4.3.2 The Monitoring Officer will continue to provide an assurance in respect of the Code and the Annual Governance Statement by way of this Annual Report. 4.4 Constitution and Regulations 4.4.1 Following the review of the Constitution by the Constitution Working Party, amendments have been made as agreed at Council in December 2012. The Constitution Working Party will have an on-going role and responsibility for the foreseeable future in monitoring the effectiveness of the Constitution and identifying further amendments. 4.4.2 It will be appropriate to continue to remind Members and staff of the importance of compliance with the Council’s regulations, as set out in the Constitution and other policy framework documents, and the Monitoring Officer and his staff will give advice accordingly. 5. Overall opinion on the adequacy and effectiveness of the Governance framework 5.1 That the systems of internal control administered by the Monitoring Officer including the Code of Conduct and the Council’s Constitution, were adequate and effective during the year between April 2012 and March 2013 for the purposes of the latest regulations (subject to the areas outlined above). David Johnson Interim Monitoring Officer 27 June 2013 Monitoring Officer Annual Report 2012/13 38 List of procurement exemption requests Section 9 of the Council’s Contract Procedure Rules deals with exemptions as it is acknowledged that the market place or extenuating circumstances does not always allow for the normal procedures to be followed. Where exemptions have been approved there is a requirement for these to be reported as part of the Monitoring Officer’s Annual Report in line with the Council’s Constitution and Contract Standing Orders (9.1, pg 150). Service Description Leisure Consultancy services for Dual Use Centre business case Electoral Supply of Postal Services Vote Packs and Ballot Papers Environmental 3 year extension Health to M3 Environmental Health system software contract Coast Happisburgh Protection steps Payroll 5 year extension to payroll system software contract. Housing Locata housing Services system software extension Customer Provision of Services franking machine Property Services Property Services Urgent repairs to Cromer pier pavilion roof. Public convenience urgent vandalism repairs – Sheringham East prom Estimated Value over contract life £6,500 Exemption Applied Contact Officer 9.1 (d) Framework Agreement Karl Read £8,812 9.1 (a) Suzanne Taylor £55,715 9.1 (a) James Wilson £25,000 9.1 (e) Brian Farrow £76,000 9.1 (d) Framework Agreement 9.1 (a) Julie Cooke Jane Wisson £8,250 9.1 (d) Framework Agreement 9.1 (e) £9,982 9.1 (a) Russell Tanner £95,000 £23,794 Lisa Grice Russell Tanner Exceptions (9.1) It is acknowledged that the market place or extenuating circumstances do not always allow the full procurement procedures to be followed. Subject to Monitoring Officer Annual Report 2012/13 39 compliance at all times with European procurement rules, contracts can also be entered into in the following circumstances: (a)For the supply of goods or services where there is only one supplier and no acceptable alternative, following consultation with the Procurement Officer. (b) For the extension, addition to or maintenance of existing buildings, works plant or equipment, where the Cabinet has decided that this can only be done satisfactorily by the original supplier. (c) As part of a consortium (where the Council is not the lead authority). (d) A contract that has been tendered by a central government body (the Office of Government Commerce) or Framework contracts such as the Eastern Shires Purchasing Organisation (ESPO). (e) Where there is an urgent Health and Safety requirement, subject to the prior approval of the Council’s Health and Safety Officer and the relevant Director. (f) Where the Cabinet considers it desirable on commercial grounds to accept a quotation from a supplier already engaged by the Council on a project provided that further services have a connection with the original project and that the price is not more than 50% of the original contract sum. (g) For loans arrangements. (h) On behalf of another authority where the agency agreement provides that the procurement rules of that authority are to be followed. Further information can be requested from Duncan Ellis, Head of Assets and Leisure on ext 6330 or via email: Duncan.ellis@north-norfolk.gov.uk Monitoring Officer Annual Report 2012/13 40 16 July 2013 By email Ms Sheila Oxtoby Chief Executive North Norfolk District Council Dear Ms Oxtoby Annual Review Letter I am writing with our annual summary of statistics on the complaints made to the Local Government Ombudsman (LGO) about your authority for the year ended 31 March 2013. This year we have only presented the total number of complaints received and will not be providing the more detailed information that we have offered in previous years. The reason for this is that we changed our business processes during the course of 2012/13 and therefore would not be able to provide you with a consistent set of data for the entire year. In 2012/13 we received 12 complaints about your local authority. This compares to the following average number (recognising considerable population variations between authorities of a similar type): District/Borough CouncilsUnitary AuthoritiesMetropolitan CouncilsCounty CouncilsLondon Boroughs- 10 complaints 36 complaints 49 complaints 54 complaints 79 complaints Future development of annual review letters We remain committed to sharing information about your council’s performance and will be providing more detailed information in next year’s letters. We want to ensure that the data we provide is relevant and helps local authorities to continuously improve the way they handle complaints from the public and have today launched a consultation on the future format of our annual letters. I encourage you to respond and highlight how you think our data can best support local accountability and service improvements. The consultation can be found by going to www.surveymonkey.com/s/annualletters LGO governance arrangements As part of the work to prepare LGO for the challenges of the future we have refreshed our governance arrangements and have a new executive team structure made up of Heather Lees, the Commission Operating Officer, and our two Executive Directors Nigel Ellis and Michael King. The Executive team are responsible for the day to day management of LGO. 41 Since November 2012 Anne Seex, my fellow Local Government Ombudsman, has been on sick leave. We have quickly adapted to working with a single Ombudsman and we have formally taken the view that this is the appropriate structure with which to operate in the future. Our sponsor department is conducting a review to enable us to develop our future governance arrangements. Our delegations have been amended so that investigators are able to make decisions on my behalf on all local authority and adult social care complaints in England. Publishing decisions Last year we wrote to explain that we would be publishing the final decision on all complaints on our website. We consider this to be an important step in increasing our transparency and accountability and we are the first public sector ombudsman to do this. Publication will apply to all complaints received after the 1 April 2013 with the first decisions appearing on our website over the coming weeks. I hope that your authority will also find this development to be useful and use the decisions on complaints about all local authorities as a tool to identify potential improvement to your own service. Assessment Code Earlier in the year we introduced an assessment code that helps us to determine the circumstances where we will investigate a complaint. We apply this code during our initial assessment of all new complaints. Details of the code can be found at: www.lgo.org.uk/making-a-complaint/how-we-will-deal-with-your-complaint/assessment-code Annual Report and Accounts Today we have also published Raising the Standards, our Annual Report and Accounts for 2012/13. It details what we have done over the last 12 months to improve our own performance, to drive up standards in the complaints system and to improve the performance of public services. The report can be found on our website at www.lgo.org.uk Yours sincerely Dr Jane Martin Local Government Ombudsman Chair, Commission for Local Administration in England 42 Agenda Item No___13______ LOCAL CODE OF CORPORATE GOVERNANCE AND ANNUAL GOVERNANCE STATEMENT 2012/13 Summary: The Corporate Governance framework is made up of the systems and processes, culture and values by which an organisation is directed and controlled. For local authorities this includes how a council relates to the community it serves. The Local Code of Corporate Governance is a public statement of the ways in which the Council will achieve good corporate governance. It is based around six principles which were identified in the joint publication by the Chartered Institute of Public Finance and Accountancy (CIPFA) and the Society of Local Authority Chief Executives (SOLACE). The Annual Governance Statement is prepared following a review of all the evidences available to the Council in seeking compliance with its Local Code. Conclusions: The arrangements set out in the Local Code of Corporate Governance and the Annual Governance Statement will allow the Council to move ahead with its corporate planning processes confident that it can address the issues of governance and risk. Recommendations: Members are asked to review and approve the Annual Governance Statement along with the updated Local Code of Corporate Governance. Cabinet Member(s) Ward(s) affected All All Contact Officer, telephone number and email: Karen Sly, 01263 516243, Karen.sly@north-norfolk.gov.uk 1. Introduction 1.1 Attached to this report are two documents for consideration by the Audit Committee. These are; • The Annual Governance Statement (Appendix A) • The Local Code of Corporate Governance (Appendix B) 1.2 Both documents were considered by the Performance and Risk Management Board (PRMB) in July and have been updated to reflect the comments made at the meeting. 2. Annual Governance Statement 2.1 Attached at Appendix A is the draft Annual Governance Statement (AGS) for 2012/13. This statement provides assurances as to the in-year operation of 43 the risk and governance arrangements adopted by the Council. It is prepared after reviewing all of the evidences available to the Audit Committee, Performance and Risk management Board, the Council‟s Corporate Management Team, Head of Internal Audit, external audit and the statutory officers of the Council. 2.2 The Annual Governance Statement (AGS) sets out how the Council ensures that its business is conducted in accordance with the law and proper standards and that public money is safeguarded and properly accounted for and used economically, effectively and efficiently in the delivery of its services. 2.3 North Norfolk District Council has adopted its own Local Code of Corporate Governance which supports this AGS. The Local Code is compliant with the recommendations of the CIPFA/SOLACE “Delivering good governance in Local Government” and the recently published guidance on the review of governance arrangements. 2.4 AGS is signed by the Leader of the Council and the Chief Executive. The Audit Committee are asked to consider the draft report as attached and to make recommendations to Council. 3. The Local Code of Corporate Governance 3.1 The Local Code of Corporate Governance (the Local Code) is a public statement of how the Council seeks to achieve good corporate governance. It is best practice for each authority to adopt a Local Code of Corporate Governance which demonstrates how the Council will achieve good governance. The Code follows the six principles of good governance as identified by CIPFA/SOLACE as is attached at Appendix B. 3.2 In December 2012 CIPFA and SOLACE published “Delivering good governance in Local Government – Guidance note for English Authorities” which is to be used to assist local authorities in reviewing the effectiveness of their governance arrangements. 3.3 There are some key requirements that need to be met to demonstrate compliance with the six principles and these are listed along with „evidences‟ and source documents. These evidences that must be reviewed regularly to ensure that they are up to date and remain sufficiently current. Any gaps in compliance are identified and form an action plan which is monitored throughout the year. 3.4 There have been no changes to the six principles adopted from the CIPFA/SOLACE framework in 2012/13. The elements that support the six principles have also been examined to ensure that they continue to provide adequate exemplification of the six principles for the Council. 4. Review of Effectiveness 4.1 The Council is committed to a sound system of Governance that reflects: openness, accountability and integrity compliance with laws, policies and regulations identified and monitors all strategic and operational risks 44 4.2 The key document for the Council is the Corporate Plan. The risks to its achievement are outlined in the comprehensive risk registers maintained by the Authority. 4.3 The review of the Governance arrangements is undertaken through a number of mechanisms. The Monitoring Officers report, the report from the Head of Internal Audit and the Heads of Service annual assurance certificates as well as the various inspection regimes from the Audit Commission and the External Auditors all provide elements of the overall review. 5. Conclusion 5.1 The arrangements set out in the Local Code of Corporate Governance will allow the Council to move forward with its corporate planning processes and remain confident that it can address the issues of governance and risk. 6. Recommendations 6.1 Members are asked to review and approve the Annual Governance Statement along with the updated Local Code of Corporate Governance. M:\Accountancy\Shared Information\Governance\Audit Cttee Sept 2013 AGS and Local Code\Audit Cttee AGS & Local Code 12-13 REPORT.doc 45 APPENDIX A Annual Governance Statement 2012/13 1. Scope of responsibility 1.1. North Norfolk District Council (NNDC) is responsible for ensuring that its business is conducted in accordance with the law and proper standards, that public money is safeguarded and properly accounted for and used economically, efficiently and effectively. NNDC also has a duty under the Local Government Act 1999 to make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness. 1.2. In discharging this overall responsibility, NNDC is responsible for putting in place proper arrangements for the governance of its affairs, facilitating the effective exercise of its functions, which includes arrangements for the management of risk. 1.3. NNDC has approved and adopted a local code of corporate governance, which is consistent with the principles of the CIPFA/SOLACE Framework “Delivering Good Governance in Local Government” (2007) as well as the update “Guidance note for English Authorities” (2012). A copy of the Council‟s local code is on our website at www.north-norfolk.gov.uk or can be obtained from the Head of Finance at Council Offices, Holt Road, Cromer. This statement explains how NNDC has complied with the code and also meets the requirement of regulation 4[3] of the Accounts and Audit (England) Regulations 2011 in relation to the publication of an annual governance statement, prepared in accordance with proper practises in relation to internal control and is reviewed annually or more frequently as required. 2. The purpose of the governance framework 2.1. The governance framework comprises the systems and processes, and culture and values, by which the authority is directed and controlled and its activities through which it accounts to, engages with and leads the community. It enables the Council to monitor the achievement of its strategic objectives and to consider whether those objectives have led to the delivery of appropriate, cost-effective services. 2.2. The governance framework has been in place at NNDC for the year ended 31 March 2013 and up to the date of approval of the statement of accounts. 3. The governance framework 3.1. Our governance framework derives from six principles identified in a 2004 publication entitled “The Good Governance Standard for Public Services”. This was produced by the Independent Commission on Good Governance in Public Services – a commission set up by the Chartered Institute Of Public Finance and Accountancy (CIPFA), and the Office for Public Management. The commission utilised work done by, amongst others, Cadbury (1992), Nolan (1995) and CIPFA/ Society of Local Authority Chief Executives (SOLACE) (2001). These principles were adapted for application to local authorities and published by CIPFA/SOLACE in 2007. 3.2. The six core principles are: 46 Annual Governance Statement 2012/13 3.2.1. focusing on the purpose of the authority and on outcomes for the community and creating and implementing a vision for the local area; 3.2.2. members and officers working together to achieve a common purpose with clearly defined functions and roles; 3.2.3. promoting values for the authority and demonstrating the values of good governance through upholding high standards of conduct and behaviour; 3.2.4. taking informed and transparent decisions which are subject to effective scrutiny and managing risk; 3.2.5. developing the capacity and capability of members and officers to be effective; and 3.2.6. engaging with local people and other stakeholders to ensure robust public accountability. 3.3. The system of internal control is a significant part of that framework and is designed to manage risk to a reasonable level. It cannot eliminate all risk of not fully achieving policies, aims and objectives and therefore provides a reasonable rather than absolute assurance of effectiveness. The system of internal control is based on an ongoing process designed to identify and prioritise the risks to the achievement of NNDC policies, aims and objectives, to evaluate the likelihood of those risks being realised and the impact should they be realised, and to manage them efficiently, effectively and economically. 4. The Six Key Principles 4.1. Focusing on the purpose of the authority and on outcomes for the community and creating and implementing a vision for the local area 4.1.1. The Council‟s aims and objectives are set out in the Corporate Plan “Small Government, Big Society” covering the period 2011-2015. This contains a statement of the Council‟s vision for the area, priorities and business strategy over the same period. 4.1.2. The Corporate Plan identifies the key strategic priorities for the Council up to 2015 including clear statements of intent under each of the following priority areas: To boost employment and create more jobs To enable the provision of new homes and the infrastructure that goes with them To protect our coastline and the character of our countryside and built heritage To empower individuals and local communities to have a greater say in their own futures To reform the organisation to deliver high quality services that achieve our priorities in an efficient manner that represents good value for local taxpayers 47 Annual Governance Statement 2012/13 4.1.3. The Corporate Plan contains details of what we want to achieve and the methods we will employ in delivering the key priorities and is accompanied by a detailed work programme “Small Government, Big Society” setting out the details which underpin the Corporate Plan. Additionally the Cabinet receives an annual Medium Term Financial Strategy which draws on other strategies, including ICT, asset management and human resources covering a rolling four-year period, which is used to set initial parameters for the annual budget process. 4.1.4. The Council has an effective performance management framework – utilising a dedicated IT system to record and report upon performance management information. The system is driven by the Corporate Plan which focuses attention on Council priorities. This is cascaded through departmental service plans, individual employee appraisals and action plans. It is clearly established in the annual service and financial planning and performance management cycle. 4.1.5. The Annual Report and Performance Plan represents the culmination of the annual planning and reporting process. The report evidences the compliance of the Council with its Performance Management Framework. 4.1.6. The Council‟s Cabinet and the Performance and Risk Management Board monitor and scrutinise progress against targets and performance in priority areas affecting relevant service areas, and consider and approve corrective action on a quarterly basis where necessary. These reports also include quarterly budget monitoring reports covering the General Fund, capital projects, key prudential code indicators and certain specific budget areas regarded as particularly sensitive. The reporting process is under constant review in order to develop its maximum potential, and we are conscious that the financial information needs to be closely linked to the service performance information. 4.1.7. The Council maintains an objective and professional relationship with external auditors and other statutory inspectors, as evidenced by the Annual Audit Letter. 4.1.8. Through reviews by external agencies, and Internal Audit, the Council constantly seeks ways of ensuring the economic, effective and efficient use of resources, and for securing continuous improvement in the way in which its functions are exercised. The Council‟s Asset Management Board oversees the property portfolio of the Council and monitors the implementation of the Asset Management Strategy and capital programme. 4.1.9. The Council has reviewed its financial and contract rules as part of a comprehensive review of the Constitution which was completed during 2010/11. This work has been revisited during 2012/13 to reflect the new management arrangements following the appointment of a new Chief Executive and the subsequent changes to the Corporate Leadership and Senior Management Teams. The constitution working party met twice during the year to review and recommend changes as applicable to the constitution. 48 Annual Governance Statement 2012/13 4.1.10. All budget heads are allocated to a named budget officer, who is responsible for controlling spend against a budget. This control is reinforced by regular budget monitoring reports to Cabinet and Overview and Scrutiny Committee. 4.1.11. The Performance and Risk Management Board has defined terms of reference to develop a comprehensive performance framework for risk management and to embed risk management across the Council. The Performance and Risk Management Board maintains the risk register, and submits it to the Audit Committee on a regular basis. The Business Continuity Working Group continues to meet regularly. Business Impact Assessments are now in place for critical areas and Business Continuity Plans have been strengthened with critical services having complete documentation. Work is on-going with other non-critical services to develop their documentation so that a comprehensive base is produced to assess staffing and equipment needs during a period of service disruption. 4.2. Members and Officers working together to achieve a common purpose with clearly defined functions and roles 4.2.1. The Council aims to ensure that the roles and responsibilities for governance are defined and allocated so that accountability for decisions made and actions taken are clear. 4.2.2. The Council has adopted a constitution which sets out how the Council operates, how decisions are made and the procedures which are followed to ensure these are efficient, transparent and accountable to local people. It does this by electing a Leader and appointing a Cabinet. The Leader then allocates executive responsibilities. 4.2.3. The Council publishes a forward plan which contains details of key decisions to be made by the Cabinet. Each Cabinet member has a specific portfolio of responsibilities requiring them to work closely with senior officers and other employees so as to achieve the Council‟s ambitions. The Cabinet operates on the basis of collective responsibility. 4.2.4. Additionally, the Council appoints a number of committees to discharge the Council's regulatory and scrutiny responsibilities. These leadership roles, and the delegated responsibilities of officers, are set out in the Constitution. Further updates to the Constitution were approved by Full Council in April 2012 and the work revisited to accommodate the changed management structures during the course of 2012/13. These changes were approved by Full Council in December 2012. 4.2.5. All Committees have clear terms of reference and work programmes to set out their roles and responsibilities. An Audit Committee provides assurance to the Council on the effectiveness of the governance arrangements, risk management framework and internal control environment. 4.2.6. Meetings are open to the public except where personal or confidential matters are being discussed. Public speaking was introduced to all Committees and Full Council some years ago to improve openness and accountability. In addition, senior officers of the Council can make decisions under delegated authority, the extent of these delegations is set out in the Constitution. 49 Annual Governance Statement 2012/13 4.2.7. The Constitution also includes a Member/Officer protocol which describes and regulates the way in which Members and Officers should interact to work effectively together. 4.2.8. The Council's Chief Executive (and Head of Paid Service) leads the Council's officers and chairs the Corporate Leadership Team. All staff, including senior management, have clear conditions of employment and job descriptions which set out their roles and responsibilities. 4.2.9. The Head of Finance has been appointed as the s151 Officer under the Local Government Act 1972, carrying overall responsibility for the financial administration of the District Council and is member of the Management Team. The Council complies with the requirements of the CIPFA statement on the Role of the Chief Financial Officer in Local Government. The corporate finance function headed by s151 Officer, provides support to each service area of the Council in respect of budget preparation and financial monitoring. 4.2.10. The Monitoring Officer position is provided under contract with NP Law (from 12 June 2012) and carries overall responsibility for legal compliance supported by a legal team. The Council employs two practising solicitors. 4.2.11. The Council‟s Corporate Leadership Team (CLT) is made up of the Chief Executive and two Corporate Directors who meet on a weekly basis to develop policy issues commensurate with the Council‟s aims, objectives and priorities. CLT also considers other internal control issues, including risk management, performance management, compliances, value for money and financial management. CLT also meets with portfolio holders on a regular basis to review progress in achieving the Council‟s ambitions, priorities for action, performance management and forward planning for major issues. 4.2.12. Below CLT the management structure is well defined in a hierarchical manner, comprising the following teams: Title Principal Objectives Corporate Leadership Team (CLT) Weekly meetings that deal with forward workplan and media issues (Consists of Chief Executive and Corporate Directors) Provides collective responsibility for: • Providing corporate leadership; • Employee development ; • Internal and external communications; • Performance management; and • Co-ordinating and delivering corporate objectives and priorities for action; • Reviews corporate policy implementation; 50 Annual Governance Statement 2012/13 • • Title Agrees corporate standards; and Considers key operational matters Principal Objectives Management Team (MT) To work with the Corporate Leadership Team in the leadership of the Council so as to deliver the Council‟s Corporate Plan and provision of high quality services to the District‟s residents, (Consists of CLT and Heads of businesses and visitors. Service) To work as one team to deliver the Council‟s objectives and vision by • Leading by example - promoting the values and principles of the Council • Utilising collective skills, knowledge and experience • Creating a safe, collaborative and respectful environment where robust challenge and informed and managed risk taking is acceptable • Keeping colleagues informed on matters which may impact on other service areas • Collectively updating CLT on matters of strategic or reputational importance • Providing consistent and regular communication to staff on key issues and activities • Listening to, sharing and reacting to feedback from staff, Councillors and service users • Deputising on generic management issues for other Heads of Service as required • Providing shared understanding of the changes the Council needs to take in order to gain „buy in‟ from staff • Taking joint responsibility to empower and motivate staff to provide the best possible service and be proud of their achievements • Continually challenging current working practices and identifying flexible and innovative ways to maximise efficiency and effectiveness • Taking responsibility for implementing changes (within budget) to service delivery, including across services • Driving a customer service ethos throughout the organisation 51 Annual Governance Statement 2012/13 Title Principal Objectives • Measuring and managing performance against key indicators Title Principal Objectives Managers Group • (Consists of all Managers that • Report to a Head of Service) • Quarterly meetings of all Managers that report to a Head of Service Deliver consistent messages through the organisation Keeping managers informed on matters which may impact on their teams and services In addition there are specific groups established to progress issues on a corporate basis, examples being: Group Principal objectives Asset Management Board • The Board meets on a quarterly basis, with additional meetings if required; • Provide a cross-departmental group within the Authority who operate at a sufficient level in order to make a positive contribution to the strategic direction of the Council‟s capital investment and asset management decisions; • Consider all proposals for asset disposal in line with the Council‟s Asset Disposal Policy • Advise on corporate strategic decisions on the management of the Council‟s assets, particularly in relation to capital projects, disposals and acquisitions; • To agree an Asset Management Plan and capital strategy that supports the strategic direction of the authority as articulated through its Corporate Plan and Financial Strategy; • To oversee the on-going review of assets, and set out an appropriate charging regime to ensure the best possible return on investment is achieved and provides a strategy for asset rationalization and asset transfer; • Identify and recommend new capital projects and resources, ensuring they are in line with the Council‟s overall aims and objective, before they are considered by Members. 52 Annual Governance Statement 2012/13 Group Principal objectives Coastal Management Board • The Board meets on a quarterly basis, with additional meetings if required; • To oversee coastal adaptation and policy and coast defence capital works; • Providing strategic steer for the overall management of the coastal issues at NNDC; • Provides an officer/member corporate group to ensure an integrated approach is taken to all coastal issues and inform the development of an Integrated Coastal Management Plan; • Make recommendations to Cabinet as appropriate. Performance and Risk Management Board Housing and Planning Policy Board To maintain a performance management framework that is understood and implemented by all; • To identify and manage the Council‟s strategic and operational risks and strengthen business continuity; • To ensure that all staff and Members have a shared understanding of the council‟s priorities and of what is needed to be done to realise those priorities; • To ensure that the commitment given to performance and risk management is commensurate with the importance placed on embedding a successful performance and risk management culture; • To ensure that services deliver the corporate objectives by challenging the measures and targets put forward by service heads / managers; and • To ensure that management and Council decisions are based on valid, accurate and timely information. • Provide a steer to the work of the Housing and Planning Policy Teams to ensure a strategic approach to deliver the Council‟s Growth Agenda. Big Society Board • • Receive and determine applications for Big Society and Enabling funding; Make recommendations to Cabinet on large grant applications. Localism Board • The Board meets on a quarterly basis, with additional meetings if required; • The Board oversees the actions leading to the achievement of the Corporate Plan‟s localism priority: “to embrace the Government’s localism agenda to empower individuals and communities to take more responsibility for their own futures and to build stronger civil society.” • The Board guides procedural matters (for example resulting from „Community Rights‟) and will 53 Annual Governance Statement 2012/13 Group 4.3. Principal objectives provide a steer on the development and funding of community projects (from the Big Society Enabling Fund); • Determines the nature and level of support to be given to the development of initiatives undertaken in partnership with community or voluntary organisations; • Identify the allocation of resources from the Big society Enabling Fund; • Respond to expressions of interest, nominations and other applications and approaches to be determined under the Community Rights enshrined in the Localism Act and related regulations; • Consider applications for funding referred from the Big Society Fund Grants Panel and determine an appropriate course of action. Promoting values for the community and demonstrating the values of good governance through upholding high standards of conduct and behaviour. 4.3.1. The Council has adopted a number of codes and protocols that govern both Member and Officer activities. These are: Members Code of Conduct; Officers Code of Conduct; Planning Protocol; Members‟ declarations of interest; Member/Officer relations; and Gifts and hospitality 4.3.2. The Council takes fraud, corruption and maladministration very seriously and has the following policies in place which aim to prevent or deal with such occurrences: Anti-Fraud and Corruption Policy; Whistle Blowing Policy; and HR policies regarding the implications for staff involved in such incidents. 4.3.3. It is part of the function of the Monitoring Officer to ensure compliance with established policies, procedures, laws and regulations. After consulting the Chief Executive and Head of Finance, the Monitoring Officer can report to the Full Council if any proposal, 54 Annual Governance Statement 2012/13 decision or omission would give rise to unlawfulness or maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered. 4.4. 4.3.4. The financial management of the Council is conducted in accordance with the financial rules set out in the Constitution and with Financial Regulations. The Council has designated the Head of Finance as its Chief Finance Officer in accordance with Section 151 of the Local Government Act 1972. The Council has in place a four-year Financial Strategy, updated annually, to support the mediumterm aims of the Corporate Plan. 4.3.5. The Council maintains an externalised Internal Audit function, which operates to the standards set out in the „Code of Practice for Internal Audit in Local Government in the UK” produced by the Chartered Institute of Public Finance and Accountancy (CIPFA). This is the fifth year of the arrangement with South Norfolk District Council to provide internal audit services to a consortium of client authorities under a contract with Deloitte Public Sector Internal Audit Ltd. 4.3.6. Individual services have produced Service Plans. These Service Plans are updated each year so as to translate the Corporate Plan requirements into service activities and to take into account available funding. In this way services identify and plan to achieve the Council‟s priorities and ambitions. These plans also identify any governance impact. 4.3.7. At employee level the Council has established an Employee Development Scheme so as to jointly agree employee objectives and identify training and development needs. The Scheme provides for an annual appraisal for each member of staff at which past performance is reviewed, work objectives are planned and also provides for regular monitoring of performance during the year. Taking informed and transparent decisions which are subject to effective scrutiny and managing risk. 4.4.1. The Council‟s Constitution sets out how the Council operates and the process for policy and decision making. 4.4.2. Full Council sets the policy and budget framework. Within this framework, all key decisions are made by the Cabinet. Cabinet meetings are open to the public (except where items are exempt under the Access to Information Act). 4.4.3. The Leader‟s Forward Plan of key decisions to be taken over the next three months is published on the Council‟s website. 4.4.4. All decisions made by Cabinet are made on the basis of reports, including assessments of the legal and financial implications, policy and equalities assessments, and consideration of the risks involved and how these will be managed. The financial and legal assessments are provided by named finance and legal officers. 4.4.5. The decision-making process is scrutinised by a scrutiny function which has the power to call in decisions made, but which also undertakes some pre-decision scrutiny and some policy development work. 55 Annual Governance Statement 2012/13 4.4.6. Other decisions are made by officers under delegated powers. Authority to make day to day operational decisions is detailed in a departmental Scheme of Delegation. 4.4.7. Policies and procedures governing the Council's operations include Financial Regulations, Contract Procedure Rules and a Risk Management Policy. Ensuring the policies are up to date and complied with is the responsibility of managers across the Council. The Internal Audit, Finance and Legal Services also check that policies are complied with. Where incidents of non-compliance are identified, appropriate action is taken. 4.4.8. The Council‟s Risk Management Policy requires that consideration of risk is embedded in all key management processes undertaken. These include policy and decision making, service delivery planning, project and change management, revenue and capital budget management and partnership working. In addition, a Corporate Risk Register is maintained and the Performance and Risk Management Board meets monthly to review the extent to which the risks included are being effectively managed. The Audit Committee oversees the effectiveness of risk management arrangements and provides assurance to the Council in this respect. Financial Management processes and procedures are set out in the Council‟s Financial Regulations and include: Comprehensive budgeting systems on a medium term basis; Clearly defined capital and revenue expenditure guidelines; Regular reviews and reporting of financial performance against the plans for revenue and capital expenditure; Overall budgets and a clear Scheme of Delegation defining financial management responsibilities; Regular capital monitoring reports which compare actual expenditure plus commitments to budgets; Key financial risks are highlighted in the budgeting process and are monitored through the year by service and corporately; Robust core financial systems; and Documented procedures are in place for business critical financial systems, and these are also checked on a regular basis by Internal Audit. 4.4.9. Containing spending within budget is given a high priority in performance management for individual managers. Monitoring reports are submitted to the Cabinet on a quarterly basis linking finance and service delivery performance. 4.4.10. The Council has several committees which carry out regulatory or scrutiny functions. These are: Development Control Committee to determine planning applications and related matters; Standards Committee which promotes, monitors and enforces probity and high ethical standards amongst the Council‟s Members, and this extends to having the same responsibility for all town and parish councils within the District; 56 Annual Governance Statement 2012/13 Audit Committee to obtain assurance about the adequacy of internal controls, financial accounting and reporting arrangements, and that effective risk management is in place. Its work is intended to enhance public trust in the corporate and financial governance of the council; A Licensing Committee is responsible for policy issues regarding licensing and will consider licensing applications; Overview and Scrutiny Committee, which review and/or scrutinise decisions made or actions taken in connection with the discharge of any of the Council‟s functions. 4.5. Developing the capacity and capability of Members and Officers to be effective 4.5.1. The Council aims to ensure that Members and managers of the Council have the skills, knowledge and capacity they need to discharge their responsibilities and recognises the value of well trained and competent people in effective service delivery. All new Members and Officers undertake an induction to familiarise them with protocols, procedures, values and aims of the Council. 4.5.2. All Council services are delivered by trained and experienced people. All posts have a detailed post profile and person specification. Training needs are identified through the Employee Development Scheme and addressed via the Human Resources service and/or individual services as appropriate. 4.5.3. The Council currently holds a Bronze Standard under Investors in People and it is proposed that the Council will be reassessed in 2013. 4.5.4. Environmental Health has achieved accreditation under the ISO 9001:2000. 4.5.5. In respect of Members, the Council has established a Member Training, Development and Support Group which has continued to meet to support the Member induction programme. As part of the arrangements for developing and supporting elected Members the Council has committed itself to achieving the Members Charter which will provide a structured approach to building elected Member capacity. Members who have not undertaken training are not permitted to sit on the regulatory committees. This, along with the Scrutiny role provides important developmental opportunities for Members. 4.5.6. 4.5.7. 4.6. The Council is concentrating on delivering improved service for its customers through an information management strategy designed to enhance the value and usefulness of the corporate resource that information, data and knowledge represents. Engaging with local people and other stakeholders to ensure robust public accountability 4.6.1. The Council approved the Communication Strategy 2011 – 2015 along with a new Web Development Strategy, in September 2010 which will be reviewed in 2013/14. The Communication Strategy ensures that the work of the Council is and will continue to be open, 57 Annual Governance Statement 2012/13 honest and transparent and will enhance inclusion by building on our understanding of all residents‟ needs and perceptions, through improved customer service and community engagement. An annual action plan is agreed and implemented in conjunction with the strategy. 4.6.2. In line with the implications and opportunities arising from the Localism Act 2011, the Council is currently developing a Customer Services Strategy and a separate Consultation Strategy is also being developed. 4.6.3. The Communication Strategy sets the framework for both conveying messages and seeking residents‟ views, and supports the need for further improvement with clear aims and a set of specific actions. 4.6.4. The Council has continued to engage with local people and stakeholders in the following ways on a range of issues; Surveys; Community workshops; Interviews; Public meetings; Road shows; Area Forums; and Attendance at parish and Town Council meetings. 4.6.5. The results of this engagement continue to be used to shape and inform the Council‟s policies and strategies. 4.6.6. The Council has tried to engage “harder to reach” groups through varying the way in which it conducts consultation so that the views of a broad spectrum of the community can be well represented. 4.6.7. The Council has recognised the opportunities provided by the Localism Act 2011 to engage with local communities. The Corporate Plan (Small Government – Big Society), and its associated action plan, sets out how the Council proposes to embrace the Localism agenda. In addition the Council provides support and funding (from the Big Society Fund) for community oriented projects, building on the successful approach operated in 2012/13. 5. Review of effectiveness 5.1. NNDC annually reviews the effectiveness of its governance framework including the system of internal control. The review of effectiveness is informed by managers within the Council who have responsibility for the development and maintenance of the governance environment, the work of the internal auditors and from comments made by the external auditors and other inspection agencies. 5.2. Both during the year and at year end, reviews have taken place. In year review mechanisms include: 58 Annual Governance Statement 2012/13 5.2.1. The Cabinet is responsible for considering overall financial and performance management and receives comprehensive reports on a quarterly basis. It is also responsible for key decisions and for initiating corrective action in relation to risk and internal control issues. 5.2.2. The Monitoring Officer has a duty to monitor and review the operation of the Constitution to ensure its aims and principles are given full effect. A further review and amendment to the Constitution took place during the early part of the financial year 2012/13 reflecting the new management structures implemented at the start of the year. These amendments were approved by Full Council in December 2012. 5.2.3. 5.2.4. The current Members‟ Allowance scheme was adopted by the Council following an independent review panel being established to make recommendations. 5.2.5. The Council has a Scrutiny Committee can establish „task and finish‟ groups, which can look at particular issues in depth, taking evidence from internal and external sources, before making recommendations to the Cabinet. Scrutiny can “call-in” a decisions of the Cabinet which are yet to be implemented, to enable it to consider whether the decision is appropriate. In addition the Scrutiny Committee can exercise its scrutiny role in respect of any Cabinet function, regardless of service area or functional responsibility, and will conduct regular performance monitoring of all services, with particular attention to areas identified as under-performing. 5.2.6. The Local Government and Public Involvement in Health Act 2007 include powers to enable Councillors to formally champion local issues where problems have arisen in their ward. North Norfolk has embedded the “Councillor Call for Action”. This allows Councillors to ask for discussion at Overview and Scrutiny Committee on issues where other methods of resolution by the District member have been exhausted. 5.2.7. The development of the procurement function across the public sector has led to the establishment of a number of framework agreements for purchasing where the detailed work on price and quantity with suppliers has already been carried out. Contracts for supply are only established when goods works or services are called off under the agreement. 5.2.8. The Equality Framework builds on the work already undertaken in this area. It is based on three levels of “developing, achieving and excellent”. 5.2.9. The Standards and Conduct provisions of the Localism Act 2011 came into force on 1st July 2012. The authority has appointed an Independent Person pursuant to the Act and has decided to have a Standards Committee (which is now not mandatory). This committee met five times during the year to consider and review issues relating to the implementation of the Act and the conduct of Members. The Committee has received a number of items during the year including, reports detailing complaints received by the Monitoring Officer and the status of such complaints. It has held one full hearing to hear and decide on a recommendation in the case of a complaint against two parish councillors. 59 Annual Governance Statement 2012/13 5.2.10. The Audit Committee met four times during the year to provide independent assurance to the Council in relation to the effectiveness of the risk management framework and internal control environment. The Committee received regular reports on, internal control and governance matters in accordance with its agreed work programme. Of the 16 internal audit assignments completed during 2012/13 the level of assurance achieved was adequate overall. 5.2.11. Internal Audit is an independent and objective assurance service to the management of the District Council. It completes a programme of reviews throughout the year (16 reviews completed during 2012/13) to provide an opinion on the internal control, risk management and governance arrangements. In addition, Internal Audit undertakes fraud investigation and proactive fraud detection work which includes reviewing the control environment in areas where fraud or irregularity has occurred. All significant weaknesses in the control environment identified by Internal Audit are reported to senior management and the Audit Committee. It should be noted that there was only one high risk recommendation received in relation to the Housing and Council Tax Benefit audit. This was in relation to the time taken to process new claims and amendments at the time of the testing for the audit, the reason for the increase was due to the system migration and the impact of the data link. The processing times had already been improved by the year end. 5.2.12. The External Auditor‟s Annual Audit Letter is considered by the Audit Committee and the Performance and Risk Management Board. 5.2.13. The Performance and Risk Management Board monitor Performance Indicators on a quarterly basis and recommend improvements to the Cabinet. They also continually review corporate risks and ensure that actions are being taken to effectively manage the Council's highest risks. 5.2.14. The Council continues to review its treasury management arrangements in line with best practice and in response to regular updates and advice from the Council‟s Treasury advisors, Arlingclose. 5.3. The year-end review of the governance and the control environment arrangements by the Performance and Risk Management Board included: 5.3.1. Obtaining assurances from Directors and Heads of Service that key elements of the control framework were in place during the year in their departments. 5.3.2. The statement itself was considered by CLT and is supported by them as an accurate reflection of the governance arrangements in place for the year. 5.3.3. Obtaining assurances from other senior management, including the Monitoring Officer that internal control and corporate governance arrangements in these essential areas were in place throughout the year. 60 Annual Governance Statement 2012/13 5.3.4. Reviewing any high level audit recommendations that remained outstanding at the year end and taking appropriate action if necessary. 5.3.5. Reviewing external inspection reports received by the Council during the year, the opinion of the Head of Internal Audit in her annual report to management and an evaluation of management information in key areas to identify any indications that the control environment may not be sound. 5.4. The Audit Committee received assurances from the Head of Internal Audit that standards of internal control, corporate governance arrangements and systems of risk management were all operating to an adequate standard. 5.5. The Audit Committee review the effectiveness of the governance framework as part of an annual review of the Local Code of Corporate Governance, and an improvement plan to address weaknesses and ensure continuous improvement of the system is in place. 6. Significant governance issues 6.1. The review process has highlighted a number of significant issues regarding the governance and internal control environment and these together with improvement/action proposed are described briefly in the tables below along with the outcomes from the action points for the previous year. Action Points arising from 2011/12 Ref Action Officer / Target Date 11/12 a Following the implementation of the new management Chief Executive / structure the Council‟s Constitution and governance December 2012 structures that support the management structure will both be reviewed. 11/12b Limited assurance internal audit reviews to be reported Head of Finance / Implemented to the Performance and Risk Management Board along December 2012 with an update on progress of implementation of recommendations. 61 Outcome Completed Annual Governance Statement 2012/13 Ref Action Officer / Target Date 11/12c To ensure adequate arrangements are in place for the Council to respond to civil contingencies and provide business continuity and to ensure all recommendations from the 2011/12 Internal Audit Review are implemented in accordance with the agreed timescales. Head of Implemented Environmental Services / December 2012 11/12d Review of the governance arrangements for significant Chief Executive / Completed partnerships and the policies and procedures for October 2012 evaluating the effectiveness of partnerships. 6.2. Outcome Following from the review of the Annual Governance Statement for 2012/13 it is considered that there are no significant issues that require action points. Issues that have arisen in the year as part of Internal Audit reviews are adequately covered within the respective report recommendations and are monitored by the Performance and Risk Management Board and the Audit Committee during the year. 7. Certification 7.1. To the best of our knowledge, the governance arrangements, as defined above, have been effectively operating during the year with the exception of those areas identified above. We propose over the coming year to take steps to address the above matters to further enhance our governance arrangement. We are satisfied that these steps will address the need for improvements that were identified during the review of effectiveness and will monitor their implementation and operation as part of our next annual review. Leader of the Council: Tom FitzPatrick Chief Executive: Date: Sheila Oxtoby 62 Date: Appendix B 1 Focusing on the purpose of the Council and on outcomes for the community and creating and implementing a vision for the local area. 1.1 Exercise strategic leadership by developing and clearly communicating the authority‟s purpose and vision and its intended outcomes for citizens and service users. Requirement : Develop and promote the Council‟s purpose and vision Review on a regular basis the Council‟s vision for the local area and its impact on the authority‟s governance arrangements Compliance can be demonstrated by: Source documents Publishing a Corporate Plan, which details the vision and priorities the Council has for North Norfolk and its citizens. Publishing Annual Action Plans for all service units, detailing the objectives and performance targets and reflecting Corporate Plan priorities. Providing clear and comprehensive information on the Council‟s website. Norfolk Action: Norfolk‟s Local Area Agreement (LAA), Maintaining a Communications Strategy to underpin the exchange of views with citizens, service users and other stakeholders. Attending regular Parish and Town Council meetings Corporate Plan “Small Government, Big Society” Corporate Plan “Small Government, Big Society Annual Action Plans Council‟s Website Annual Action Plans Medium Term Financial Strategy, Corporate Planning Framework Annual Governance Statement Ensure that partnerships are underpinned by a common vision of their work that is understood and agreed by all parties Constitution Governance arrangements are established at the outset. 63 New partnerships reported to Cabinet for approval Requirement : Publish an annual report on a timely basis to communicate the authority‟s activities and achievements, its financial position and performance 1.2 Compliance can be demonstrated by: Publishing an Annual Report and Performance Plan which includes information on relevant performance indicators including forward targets, and regularly reporting on progress. Source documents Annual Report and Performance Plan, Council‟s Website The Council will ensure that users receive a high quality of service whether provided directly or in partnership. Requirement Compliance can be demonstrated by; Decide how the quality of service for users is to be measured and make sure that the information needed to review service quality effectively and regularly is available Applying the principles of the Customer Charter and meeting the specified service standards. Conducting citizen and service user surveys and publishing and using the results appropriately. Put in place effective arrangements to identify and deal with failure in service delivery Providing a complaints and compliments procedure and learning from the resulting information to take action and bring about improvement. Taking action on weaknesses identified through the performance management framework and from reviews by the External Audit and others. Source documents Performance Management Framework supported by on-line system, Performance and Risk Management Board (Agenda/Minutes), Customer Charter, Resident and User Surveys, on-line feedback Performance Management Framework supported by on-line system, Performance and Risk Management Board (Agenda/Minutes), 64 1.3 The Council will ensure it makes the best use of resources and that the council tax payers and service users receive excellent value for money Requirement : Decide how value for money is to be measured and make sure that the authority or partnership has the information needed to review value for money and performance effectively. Measure the environmental impact of policies, plans and decisions Compliance can be demonstrated by: Following the Council‟s strategy for securing value for money that is contained in the Corporate Plan and centres upon building organisational structures and processes that promote continuous improvement. Implementing an on-going organisational development plan based around core improvement themes. Benchmarking with other Local Authorities, e.g. neighbouring authorities and comparative group Publishing a Medium Term Financial Plan (Financial Strategy) linked to the Corporate Plan that details planned efficiencies and sets out spending plans on a rolling basis. Adopting best practice in commissioning and procurement. 65 Source documents Corporate Plan “Small Government, Big Society” Organisational Development Plan, Procurement Strategy, Medium Term Financial Plan includes planned efficiencies, VFM Assessment 2 Members and officers working together to achieve a common purpose with clearly defined functions and roles. 2.1 The Council will ensure that there is effective leadership with clearly defined roles and responsibilities for executive, non-executive and scrutiny functions. Requirement : Set out a clear statement of the respective roles and responsibilities of the executive and executive members individually and the authority‟s approach towards putting this into practice. Compliance can be demonstrated by: Maintaining a Constitution, including a Scheme of Delegation, that is updated on a rolling basis and sets out the roles and responsibilities of both Members and Officers. Appointing committees to discharge the Council‟s regulatory and scrutiny responsibilities. Providing all Committees with clear terms of reference and agreeing work programmes to set out their roles and responsibilities. Source documents Constitution, Cabinet / Committee Terms of Reference, Scheme of Delegation, (updated by the Constitution WP) Record of decisions and supporting materials, Member / Officer Protocol, Member Training and Development Group Set out a clear statement of the respective roles and responsibilities of other authority members, members generally and of senior officers Appointing a Chief Executive (and Head of Paid Service) and other Chief Officers who form the Corporate Leadership Team, and ensuring all staff have clear conditions of employment and job descriptions which set out their roles and responsibilities. Maintaining a range of Protocols to guide Members and Officers in the discharge of their respective roles and responsibilities. 66 Constitution Scheme of Delegation, (Updated by the Constitution WP) Member / Officer Protocol, Planning Protocol, Committee & Board Terms of Reference, Requirement : Compliance can be demonstrated by: Source documents Committee Work Plans, Report Template (information quality for decision taking), Conditions of Employment, Job Descriptions 2.2 The Council will ensure that a constructive working relationship exists between Council Members and Officers and that the responsibilities of Members and Officers are carried out to a high standard Requirement : Determine a scheme of delegation and reserve powers within the constitution, including a formal schedule of those matters specifically reserved for collective decision of the authority taking account of relevant legislation and ensure that it is monitored and updated when required Make a chief executive or equivalent responsible and accountable to the authority for all aspects of operational management Compliance can be demonstrated by: Maintaining a Protocol on Member/Officer relations which describes and regulates the way in which Members and Officers should interact to work effectively together. Determining, and regularly reviewing, powers that are reserved and a Scheme of Delegation, thereby providing clear direction to Members and Officers of the scope of their responsibilities. Regular meetings between the Cabinet and the Corporate Leadership Team, and engagement of senior managers with the scrutiny function Production of forward plan for key decisions Making the Chief Executive responsible for all aspects of operational management which is clearly defined within the Council‟s constitution. Source documents Constitution (reviewed on a regular basis through-out the year), Member/Officer Codes of Conduct, Forward Plan Constitution (reviewed on 6-month rolling basis), Chief Executive Appointment, 67 Requirement : Compliance can be demonstrated by: Source documents Annual Governance Statement, Scheme of Delegation, (Updated by the Constitution WP) Conditions of Employment, Job Descriptions, Employee Appraisal Scheme, Member/Officer Codes of Conduct, Scrutiny Committee (agenda/minutes), Member Training and Development Group Develop protocols to ensure that the leader and chief executive (or equivalent) negotiate their respective roles early in the relationship and that a shared understanding of roles and objectives is maintained Maintaining an Employee Appraisal Scheme for all staff including both the Corporate leadership and Senior management Teams Adopting Codes of Conduct for Members and officers, to which all must adhere. Maintaining a Standards Committee with responsibility for overseeing the behaviour of Members. Maintaining a Scrutiny Function, that provides overview and scrutiny of all Council activities and operates a call in facility. Providing Members with adequate training and development opportunities in order for them to fulfil their roles and responsibilities. 68 Constitution (reviewed on 6-month rolling basis), Member/Officer Protocol, Corporate Leadership Team (agenda/minutes), Employee Appraisal Scheme, Member/Officer Codes of Conduct, Standards Committee (agenda/minutes), Scrutiny Committee (agenda/minutes), Member Training and Development Group Requirement : Make a senior officer (usually the section 151 officer) responsible to the authority for ensuring that appropriate advice is given on all financial matters, for keeping proper financial records and accounts, and for maintaining an effective system of internal financial control Compliance can be demonstrated by: S151 Officer appointed and a member of the Management Team Chief Finance Officer protocol adopted Standard report template requires sign-off by S151 Officer Source documents Constitution (reviewed on 6-month rolling basis), CFO/S151 appointment (including protocol), Report Template (information quality for decision taking), Employee Appraisal Scheme, Member Training and Development Group Make a senior officer (other than the responsible financial officer) responsible to the authority for ensuring that agreed procedures are followed and that all applicable statutes, regulations are complied with (usually the monitoring officer) Monitoring Officer appointed reports the Chief Executive Monitoring Officer Protocol adopted Standard report template requires sign-off by Monitoring Officer Constitution (reviewed on 6-month rolling basis), Monitoring Officer Appointment (including protocol), Report Template (information quality for decision taking), Employee Appraisal Scheme, Member Training and Development Group 2.3 The Council will ensure relationships between the authority, its partners and the public are clear so that each knows what to expect of the other. Requirement : Compliance can be demonstrated by: 69 Source documents Requirement : Develop protocols to ensure effective communication between members and officers in their respective roles Set out the terms and conditions for remuneration of members and officers and an effective structure for managing the process including an effective remuneration panel (if applicable) Compliance can be demonstrated by: Adopting Codes of Conduct for Members and Officers, to which all must adhere. Communications Strategy Staff and Members Bulletins form part of agreed communications strategy Scheme of delegation details consultation and notification requirements The establishment of an independent remuneration panel to review Member allowances A job evaluation scheme is in operation for officer remuneration A pay and grading review group established to review the Job Evaluation scheme Ensure that effective mechanisms exist to monitor service delivery Comprehensive performance management framework and electronic performance system for recording and reporting performance and service planning. Performance and Risk Management Board comprising CLT and Members of the Cabinet including the Leader. Source documents Member/Officer Protocol, Planning Protocol, Outside Bodies Advice to Members, Member/Officer Codes of Conduct Pay and Conditions Policies and Practices, Job Evaluation Scheme, Scheme of Allowances Pay Policy Statement On-line Performance Management System, Performance and Risk Management Board (agenda/minutes), Budget Monitoring, Complaints and Compliments Procedure, Annual Action Plans Annual Report Annual Financial Statements, 70 Requirement : Compliance can be demonstrated by: Source documents Annual Governance Statement Ensure that the organisation‟s vision, strategic plans, priorities and targets are developed through robust mechanisms, and in consultation with the local community and other key stakeholders, and that they are clearly articulated and disseminated On-line Performance Management System, Performance targets are reviewed annually and incorporated within service plans Performance and Risk Management Board (agenda/minutes), Consultation with stakeholders on the Corporate Plan Action Plan Budget Monitoring, The Performance and Risk Management Board reviews performance and assesses corporate risk on an ongoing basis Corporate planning and service/resource prioritisation is informed by community consultations, stakeholder and key partner consultative events, staff consultation and local political/democratic mandate. Annual Action Plans Annual Report Annual Statements of Accounts Annual Governance Statement, Corporate Plan “Small Government, Big Society” Medium Term Financial Strategy, Communications Strategy, Council Website, When working in partnership ensure that members are clear about their roles and responsibilities both individually Appointments on outside bodies are made by the Full Council. Annual reports are required from appointees on 71 Outside Bodies Advice to Members, Council‟s Website, Requirement : and collectively in relation to the partnership and to the authority When working in partnership: ensure that there is clarity about the legal status of the partnership - ensure that representatives or organisations both understand and make clear to all other partners the extent of their authority to bind their organisation to partner decisions Compliance can be demonstrated by: Source documents the work of the body or partnership Constitution, Further guidance and protocols will be produced for Member appointments on outside bodies and a corporate database of all partnerships and appointments maintained. Procurement Strategy, Reports to Cabinet to assess the risks associated with partnerships The governance arrangements of significant partnerships are subject to annual review Individual Partnership / Service Level Agreements Outside Bodies Advice to Members, Council‟s Website, Constitution, Procurement Strategy, Individual Partnership / Service Level Agreements 72 3 Promoting values for the authority and demonstrating the values of good governance through upholding high standards of conduct and behaviour. 3.1 The Council will strive to ensure its members and officers exercise leadership by behaving in a way that exemplifies high standards of conduct and effective governance. Requirement : Ensure that the authority‟s leadership sets a tone for the organisation by creating a climate of openness, support and respect Compliance can be demonstrated by: The authority‟s leadership style underpinned by the Constitution, Policies, Protocols and Codes of Conduct. The values of the organisation are documented within the Corporate Plan The Council has introduced and encourages public speaking at Committees. The Council has invested in upgrading its website and actively manages its content to ensure easy access to information. Source documents Constitution, Standards Committee Articles in „The Briefing‟ / Members Bulletin Employee Appraisal Scheme, Member/Officer Codes of Conduct, Member/Officer Protocol, Whistle blowing policy, Anti-Fraud and Corruption Policy, Freedom of Information (statement and publication scheme), Planning Protocol, Officer Register of Gifts and Hospitality, Member / Officer Registers of Interests 73 Requirement : Ensure that standards of conduct and personal behaviour expected of members and staff, of work between members and staff and between the authority, its partners and the community are defined and communicated through codes of conduct and protocols Compliance can be demonstrated by: Codes of conduct are included within the Council‟s constitution Employee Appraisal Scheme, Member/Officer Codes of Conduct, The whistleblowing policy is in place and understood Member/Officer Protocol, The Standards Committee provides the framework for dealing with member complaints Whistle blowing policy, A register of interests, gifts and hospitality is maintained and promoted amongst staff and Members Anti-Fraud and Corruption Policy, Third party interest declarations are completed each year for Members and Chief Officers Standards Committee annual report Ethical audits completed on a 3 yearly basis Put in place arrangements to ensure that members and employees of the authority are not influenced by prejudice, bias or conflicts of interest in dealing with different stakeholders and put in place appropriate processes to ensure that they continue to operate in practice Source documents Internal audit reviews annually the Council‟s internal control and governance arrangements which are reported to the Audit Committee Member / Officer Register of Gifts and Hospitality, Performance Management Framework, Complaints and Compliments Procedure, Information and Communication Technology (ICT) Security Policy Constitution, Member/Officer Codes of Conduct, Whistle blowing policy, Anti-Fraud and Corruption Policy, Planning Protocol, Member / Officer Register of Gifts and Hospitality, 74 Requirement : Compliance can be demonstrated by: Source documents Member / Officer Registers of Interests, Financial Regulations, Contract Procedure Rules, Combined Equalities Scheme, Intranet (Ethics and Governance Section), Member / Officer Induction and Training Audit Committee terms of reference 3.2 The Council will ensure its values are put into practice and are effective. Requirement : Develop and maintain shared values including leadership values both for the organisation and staff reflecting public expectations and communicate these with members, staff, the community and partners Put in place arrangements to ensure that procedures and operations are designed in Compliance can be demonstrated by: Shared values have been developed and are documented within the Corporate Plan Source Documents Briefings Leadership training between the Corporate Leadership Team and the Cabinet to reinforce these values Policies and Protocols are in place Ethical audits completed on a 3 year cycle 75 Internal Audit Reports Requirement : Compliance can be demonstrated by: Source Documents conformity with appropriate ethical standards, and monitor their continuing effectiveness in practice Develop and maintain an effective standards committee An annual report of the Monitoring Officer is presented to the Standards Committee for Council. On-going monitoring of the application and effectiveness of the local standard regime Use the organisations shared values to act as a guide for decision making and as a basis for developing positive and trusting relationships within the authority The training programme for leadership and management training has been driven by the values of the organisation and in preparing and conducting staff appraisals In pursuing the vision of a partnership, agree a set of values against which decision making and actions can be judged. Such values must be demonstrated by partners‟ behaviour both individually and collectively Individual partnership assessments ensure that partnerships are evaluated before being established and once in operation. 76 Monitoring Officer Report 4 Taking informed and transparent decisions which are subject to effective scrutiny and managing risk. 4.1 The Council will ensure good quality information, advice and support is provided to ensure that services are delivered effectively and are what the community wants/needs. Requirement : Develop and maintain an effective scrutiny function which encourages constructive challenge and enhances the organisation‟s performance overall and of any organisation for which it is responsible Compliance can be demonstrated by: The Scrutiny Committee work plan is developed alongside the Cabinet work plan Members are trained on effective scrutiny and attend other Council‟s scrutiny committees to develop and learn from others The development of a task and finish approach in certain areas of Council activity Source documents Constitution, Scrutiny Committee (Work Plan, Agenda, Reports and Minutes), Scrutiny Questioning of Cabinet Members, Annual Scrutiny Report, On-going Training (through Norfolk Scrutiny Network) Develop and maintain open and effective mechanisms for documenting evidence for decisions and recording the criteria, rationale and considerations on which decisions are based Committee template requires specific information in support of recommendations Scheme of delegation has standard pro forma Decision making protocols, Record of decisions and supporting materials, Report Template (information quality for decision taking), Availability of Professional Advice (attendance list), 77 Requirement : Compliance can be demonstrated by: Source documents Decision list published Put in place arrangements to safeguard members and employees against conflicts of interest and put in place appropriate processes to ensure that they continue to operate in practice Members and Officers are advised of the codes of conduct and the need to register interests and/or make declarations of interest Report Template (information quality for decision taking), Member/Officer Codes of Conduct, Member / Officer Registers of Interests Declarations of Interest, Member/Officer Codes of Conduct and Guidance, Articles in „The Briefing‟ / Members Bulletin Officer / Member Training, Standards Committee (Agenda / Minutes), Monitoring Officer‟s Annual Report Develop and maintain an effective audit committee ( or equivalent ) which is independent or make other appropriate arrangements for the discharge of the functions of such a committee An annual review of the effectiveness of the audit committee is undertaken The audit committee monitors an improvement plan prepared against its own self-assessment Constitution, Audit Committee (Membership, Terms of Reference, Work Plan, Agenda, Reports and Minutes), Audit Committee Reports to Full Council, Annual Governance Statement, 78 Requirement : Compliance can be demonstrated by: Source documents Audit Committee Training Put in place effective transparent and accessible arrangements for dealing with complaints All complaints and compliments are recorded on a corporate database. Complaints and Compliments Procedure Summary of complaints and compliments is published on a quarterly basis. 4.2 The Council will ensure good quality information, advice and support is provided to ensure that services are delivered effectively and are what the community wants/needs. Requirement : Compliance can be demonstrated by: Ensure that those making decisions whether for the authority or partnership are provided with information that is fit for the purpose – relevant, timely and gives clear explanations of technical issues and their implications Committee templates and sign off forms, ensure all relevant information is included and Corporate Leadership Team and Members review documents prior to agenda publication Ensure that professional advice on matters that have legal or financial implications is available and recorded well in advance of decision making and used appropriately The report template requires prior „sign off‟ of reports by statutory officers ahead of pre meetings with relevant Officers and Members. Source documents Members‟ induction and training, Report template Data Quality Policy S151 Officer and Monitoring Officer receive advance copies of reports Publication of key decisions in the forward plan Report Template requiring input from Monitoring Officer and S151 Officer (information quality for decision taking) / Positive Sign Off, Legal advice to Licensing and Planning Committees 79 Requirement : 4.3 Compliance can be demonstrated by: Source documents The Council will ensure that an effectiveness risk management system is in place. Requirement : Ensure that risk management is embedded into the culture of the organisation , with members and managers at all levels recognising that risk management is part of their job Compliance can be demonstrated by: Adopting and maintaining a risk framework and striving to embed risk management into all aspects of decision taking, corporate and service planning, and service delivery. Making the Audit Committee responsible for overseeing the effectiveness of the risk management arrangements and providing assurance to the Council in this respect. Maintaining a strategic risk register which is reviewed and updated by the Performance and Risk Management Board and Audit Committee Annual completion of self assessments by all Managers Source documents Risk management framework, Financial Standards and Regulations, Corporate Plan “Small Government, Big Society” Medium Term Financial Strategy, Budget Monitoring, Corporate Risk Register, Performance and Risk Management Board (Agenda / Minutes), Auditors‟ Reports / Action Plans, Report Template (information quality for decision taking), Risk and Control self-assessment completed by all managers, 80 Requirement : Compliance can be demonstrated by: Source documents Audit Committee (Work Plan, Agenda, Reports and Minutes), Audit Committee Reports to Full Council, Annual Governance Statement, Health & Safety Training & Assessments Ensure that arrangements are in place for whistle blowing to which staff and all those contracting with the authority have access Whistleblowing promoted to staff and a wider audience using posters and the web. Whistle blowing policy, Register of whistle blowing reports and actions taken, Information for Contractors, Leaflets, Note on invoices, Publicity externally and internally, Posters 4.4 The Council will strive to ensure that it uses its legal powers to the full benefit of the citizens and communities in North Norfolk. Requirement : Actively recognise the limits of lawful activity placed on them by, Compliance can be demonstrated by: Clearly documenting the roles and responsibilities of Members and the scope of their activities within 81 Source documents Constitution, Requirement : for example the ultra vires doctrine but also strive to utilise powers to the full benefit of their communities Compliance can be demonstrated by: the Constitution. Appointing a Monitoring Officer responsible for the maintenance of the Constitution and for guiding members on the information contained therein. Having available appropriate legal advice both on the specific requirements of legislation and the general responsibilities placed on local authorities by public law. Recognise the limits of lawful action and observe both the specific requirements of legislation and the general responsibilities placed on local authorities by public law Integrating the key principles of good administrative law into its procedures and decision making processes including the provision of appeals/complaints systems and regularly reviewing Source documents Report Template requiring input from Monitoring Officer and S151 Officer (information quality for decision taking) / Positive Sign Off, Legal advice to Licensing and Planning Committees Statutory Provisions Constitution Monitoring Officer Provisions / Protocol, Report Template requiring input from Monitoring Officer and S151 Officer (information quality for decision taking) / Positive Sign Off, Availability of legal advice to Licensing and Planning Committees Observe all specific legislative requirements placed upon them, as well as the requirements of general law, and in particular to integrate the key principles of good administrative law – rationality, legality and natural justice into their procedures and decision making processes Ombudsman and external audit reports to identify areas where improvements should be made. Monitoring Officer Provisions / Protocol, Report Template requiring input from Monitoring Officer and S151 Officer (information quality for decision taking) / Positive Sign Off, Standing Orders, 82 Requirement : Compliance can be demonstrated by: Source documents Complaints and Compliments Procedures, Investigations, Planning protocol 83 5 Developing the capacity and capability of members and officers to be effective. 5.1 The Council will ensure that Members and officers have the skills, knowledge and experience and resources they need to perform well in their roles. Requirement : Provide induction programmes tailored to individual needs and opportunities for members and officers to update their knowledge on a regular basis Compliance can be demonstrated by: Providing tailored induction programmes for new Members and regular briefings for all Members supported by the Members bulletin. Implementing a training and development plan which provides Members with opportunities to develop and strengthen their capacity as confident and effective political and community leaders. Implementing a Workforce Development Strategy which covers all aspects of appointment, induction, appraisal and training of staff. Source documents Member Training and Development Group, Members Induction / Update Workshops, Members Bulletin, Workforce Development Strategy (currently Our People Strategy and Development Plan), Staff Induction, Employee Appraisal Scheme, Personal Development Plans, Training and Development Plan, The Briefing Ensure that the statutory officers have the skills, resources and support necessary to perform effectively in their roles and that these roles are properly understood throughout the organisation Ensuring that the responsibilities and duties of Statutory Officers such as the Monitoring Officer and the s151 Officer are clearly set out and supported by protocols. Requiring managers to consider resource implications in their service plans. 84 Employee Appraisal Scheme, Personal Development Plans, Training and Development Plan, Service Plans, Requirement : Compliance can be demonstrated by: Source documents Staff Handbook, Monitoring Officer Protocol, S151 Officer Protocol 5.2 The Council will develop the capabilities of people with governance responsibilities and evaluating their performance as an individual and as a group. Requirement : Assess the skills required by members and officers and make a commitment to develop those skills to enable roles to be carried out effectively Develop skills on a continuing basis to improve performance including the ability to scrutinise and challenge and to recognise when outside expert advice is needed Compliance can be demonstrated by: Assessing the skills required by members and officers through appraisal and personal development plans and demonstrating commitment to develop these skills through the work of the Member Training and Development Group and through implementation of the Workforce Development Strategy. Prioritising training and development needs and developing skills on a continuing basis to improve performance including use of outside advice/provision when considered necessary. Budget provision for specialist work is made available within certain service budgets on an annual basis Source documents Employee Appraisal Scheme, Personal Development Plans, Member Training and Development Group, Workforce Development Strategy (currently Our People Strategy and Development Plan) Employee Appraisal Scheme, Personal Development Plans, Member Training and Development Group, Workforce Development Strategy (currently Our People Strategy and Development Plan), Training and Development Plan, 85 Requirement : Compliance can be demonstrated by: Source documents Standards Committee Assessment Annual Report Audit Committee Assessment Ensure that effective arrangements are in place for reviewing the performance of the authority as a whole and of individual members and agreeing an action plan which might for example aim to address any training or development needs Performance and Risk Management Board reviews organisational performance and recommends actions to address underperformance which may include training Performance Management Framework, Improvement Plan Quarterly performance reports Electronic Performance Management system updated quarterly. 5.3 The Council will encourage new talent for membership of the Authority so that best use can be made of individuals' skills and resources in balancing continuity and renewal. Requirement : Compliance can be demonstrated by: Ensure that effective arrangements designed to encourage individuals from all sections of the community to engage with, contribute to and participate in the work of the authority Developing a strategy that recognises and supports all of the mechanisms that allow for effective community engagement as well as specific targeting of hard to reach groups. Ensure that career structures are in place for members and officers to encourage participation and Ensuring that career structures are in place for members and officers to encourage participation and development. 86 Source documents Area Forums, Coastal forums/groups Succession Planning, Requirement : development Compliance can be demonstrated by: Larger teams operate career graded structures to recognise development needs Source documents Project Groups and member/officer boards. Appraisal / development scheme 6 Engaging with local people and other stakeholders to ensure robust public accountability. 6.1 The Council will exercise leadership which effectively engages local people and all local institutional stakeholders, including partnerships, and develops constructive, accountable relationships. Requirement : Members communicate to all staff and the community, areas for which they are accountable and for what reasons. Compliance can be demonstrated by: Source documents Constitution Providing the citizens of North Norfolk with information about the Council and its spending through the distribution of a leaflet with their Council Tax bill . Publication of plans and progress reports on the web site Stakeholder Identification, Performance Management Framework, Communications and Consultation Strategy Satisfaction Surveys, Councillor Call to Action, Council Tax Information Leaflet,/online 87 Requirement : Compliance can be demonstrated by: Source documents information Norfolk Crime and Disorder Partnership, Web site Consider those institutional stakeholders to whom they are accountable and assess the effectiveness of the relationships and any changes required Establishing and supporting a range of forums and partnerships that add value through encouraging district-wide and local engagement and participation. Stakeholder Identification, Communications and Consultation Strategy, Statutory Provisions, Council‟s Website, Corporate Plan “Small Government, Big Society” Forums and Partnerships Direct communication with Parish & Town Councils Produce an annual report on scrutiny function activity Producing a scrutiny report that covers the activities of the Committee and its relationship with stakeholders which is reporting on annually to Council. Annual Report on Scrutiny activity 6.2 The Council will take an active approach to dialogue with, and accountability to, the public to ensure effective and appropriate service delivery whether directly by the Authority, in partnership or by commissioning. 88 Requirement : Ensure that clear channels of communication are in place with all sections of the community and other stakeholders including monitoring arrangements to ensure that they operate effectively Hold meetings in public unless there are good reasons for confidentiality Compliance can be demonstrated by: Source documents Communications and Consultation Strategy, Developing and implementing a wide range of strategies which together provide a framework for consultation, engagement and participation. Parish and Town Council minutes, Parish and Town Council forums Norfolk Crime and Disorder Partnership, Measuring the effectiveness of the Council‟s communications strategy Local Development Framework Consultation Council stakeholder meetings are held in public unless there are good reasons for confidentiality. Area Forums, Constitution, Meetings Protocol, Access to Information Rules, Corporate Plan “Small Government, Big Society” Ensure arrangements are in place to enable the authority to engage with all sections of the community effectively. These arrangements should recognise that different sections of the community have different priorities and establish explicit processes for dealing with these competing demands Community empowerment strategy Supporting the youth forum and older people‟s forum Adoption of the combined equalities scheme and action plan and support for marginalised and disadvantaged groups in the community. Communications and Consultation Strategy, Combined Equalities Scheme and Framework Parish and Town Council meetings, Business Forums, Norfolk Crime and Disorder Partnership, Service Plans, 89 Requirement : Compliance can be demonstrated by: Source documents Budget Consultation Meeting Establish a clear policy on the types of issues they will meaningfully consult on or engage with the public and service users including a feedback mechanism for those consultees to demonstrate what has changed as a result To be more clearly developed alongside the Community Empowerment Strategy Communications and Consultation Strategy, Parish and Town Council Forums, Business Forums, Norfolk Crime and Disorder Partnership, Budget Consultation Meeting, On an annual basis, publish a performance plan giving information on the authority‟s vision, strategy, plans and financial statements as well as information about its outcomes, achievements and the satisfaction of service users in the previous period Each year the Council produces an Annual Report Ensure that the authority as a whole is open and accessible to the community, service users and its staff and ensure that it has made a commitment to openness and transparency in all its dealings, including partnerships subject only to the need to preserve confidentiality in those specific circumstances where it is Organisation values are documented within the Corporate Plan, which in turn influence the development of policy, codes and protocols within the organisation Corporate Plan “Small Government, Big Society” Annual Report Annual Financial Statements, Annual business plan ICT Security Policy, Communications and Consultation Strategy. Constitution, Customer Charter and Standards, Freedom of Information Act 90 Requirement : Compliance can be demonstrated by: proper and appropriate to do so Source documents Publication Scheme Officer / Member Codes of Conduct, Partnerships Protocol / Toolkit, Whistle blowing Policy, Anti-\fraud and Corruption Policy, Monitoring Officer Protocol, Data Protection Policy, ICT Security Policy 6.3 The Council will make the best of human resources by taking an active and planned approach to meeting responsibilities of staff. Requirement : Develop and maintain a clear policy on how staff and their representatives are consulted and involved in decision making Compliance can be demonstrated by: Maintaining comprehensive consultation arrangements with staff representatives. Maintaining an effective staff appraisal scheme that includes key performance targets and personal development plans. Preparing a Workforce Development Strategy including an action plan against which progress is monitored. 91 Source documents Joint Staff Consultation Committee, Employee Appraisal Scheme, Personal Development Plans, Workforce Development Strategy (currently Our People Strategy and Development Plan), Investors in People, Requirement : Compliance can be demonstrated by: Maintaining Investors in People accreditation. Accessing staff opinions through regular staff surveys. Maintaining comprehensive and effective HR policies linked to the Combined Equalities Scheme. Source documents Staff Surveys, HR Policies, Combined Equalities Strategy Staff Focus Group minutes Staff Focus Group \\nasdell\cecoprfin\Accountancy\Shared Information\Governance\Audit Cttee Sept 2013 AGS and Local Code\Apx B - Local Code of Governance 12-13 V1.2.doc 92 Agenda Item No__14__ 2012/13 STATEMENT OF ACCOUNTS Summary: This report presents the Statement of Accounts for 2012/13 for review by the Audit Committee prior to recommendation to Full Council for approval. The outturn position for the year was reported to Members in June and has been used to inform the production of the statutory annual accounts for 2012/13. Options considered: Not applicable Conclusions: The Statement of Accounts for 2012/13 has been produced in accordance with the Code of Practice on Local Authority Accounting. The draft accounts were produced by 30th June and since then have been subject to external audit review. Recommendations: Members are asked to consider and review the Statement of Accounts for 2012/13 and recommend their approval to Full Council. Reasons for Recommendations: To update Members on the Statutory Accounts position as at 31st March 2013 and their subsequent external audit review. LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW (Papers relied on the write the report and which do not contain exempt information) Cabinet Member(s) Ward(s) affected Contact Officer, telephone number and email: Karen Sly, 01263 516243, karen.sly@north-norfolk.gov.uk 2012/13 Statement of Accounts 1. Introduction 1.1 The Council’s Statement of Accounts must be produced and audited by 30th September each year. 1.2 The outturn report for 2012/13 was presented to Cabinet and Overview and Scrutiny in June 2013. That report provided details of the variances on the revenue account in expenditure and income compared with the revised budget and allowed for a number of underspends to be rolled 93 forward within earmarked reserves to fund ongoing and identified commitments. The report also detailed the year end position in respect of the capital programme and the updated capital programme for 2013/14 onwards. 1.3 The Code of Practice on local Authority Accounting in the United Kingdom 2012/13 (the code) prescribes the form of the statutory accounts to be presented and published. Consequently the format is very prescriptive and areas of non-compliance are reported by the External Auditors as part of their audit of the accounts (ISA 260 report also included on this agenda). Whereas the outturn report to Cabinet and Overview and Scrutiny provides information on the actual expenditure and income compared to budget, the statement of accounts shoes the financial position of the Council and transactions in the year compared to the previous financial year. 1.4 There have been minimal changes to the reporting requirements within the accounts compared to the previous year in terms of reporting requirements, changes are detailed within section 3 of the explanatory foreword. 1.5 Since the production of the draft accounts, they have been subject to external audit review for which the auditors report (ISA 260) is included as a separate item on this agenda. 2 Statement of Accounts 2.1 A copy of the financial statements has been provided to members as an appendix to this agenda (bound separately as Appendix C). It is an audited version and has been updated for recommendations made by the auditors. The final external audit review process is yet to be finalised and whilst there are not expected to be any significant changes to the accounts now presented, any changes will be reported verbally at the meeting. 2.2 The main focus of Members should be on the financial statements i.e.: I. II. III. IV. V. 2.3 The Movement of Reserves Statement Comprehensive Income and Expenditure Account Balance Sheet Cash Flow Statement Collection Fund Each of the statements are supported by a number of notes to the accounts. Other key areas to consider at the end of the financial year are the level of reserves, both earmarked and general balances. All balances will be reviewed as part of the update to the revised Medium term Financial Plan. 94 3 Conclusion 3.1 The final version of the Statement of Accounts for 2012/13 is presented to the Audit committee for review prior to recommendation to Full Council for approval. The statements have been produced based on the information contained in the outturn report for 2012/13 as reported in June 2013 and in accordance with statutory guidance. 4. Sustainability - None as a direct consequence from this report. 5. Equality and Diversity - None as a direct consequence from this report. 6. Section 17 Crime and Disorder considerations - None as a direct consequence from this report. 95 Audit Committee 17 September 2013 Agenda Item No___15______ Audit Committee Self- Assessment Outcomes Summary: The Chartered Institute for Public Finance and Accountancy (CIPFA) “Toolkit for Local Authority Audit Committees” identifies that it is good practice for Audit Committees to complete a regular self-assessment exercise and to assist this process, provides a checklist of operational requirements which it is recommended should be satisfied to ensure the Committee is performing effectively. This report comments on the outcomes of a self-assessment exercise undertaken with members of the Audit Committee on 18 June 2013 and responses canvassed to the final section on Administration which were subsequently provided after the Committee meeting, noting that the findings made will be used to further inform the 2013/14 review of the Effectiveness of Internal Audit. The results of the exercise are included at Appendix D to this report. The completed checklist highlights where compliance with recognised practice has been achieved, instances where there has been deviation and why this has been case, and also identifies those areas where additional enhancements are to be pursued to improve upon existing operational arrangements. Conclusions: Undertaking a review of its performance against good practice has ensured that the Committee has properly assessed the way in which it discharges its duties. The recent review of its remit and effectiveness has been comprehensively handled and where non-compliances have been realised, it has been recognised why they have arisen and confirmation then obtained as to how the Committee wishes to manage these issues on a future basis. Recommendations: Members of the Committee are requested to approve the summary report, the detailed checklist that was completed, and resulting agreed actions to be progressed. Cabinet member(s): All All Wards: Contact Officer, telephone number, and e-mail: Sandra King, Internal Audit Consortium Manager 01508 533863 scking@s-norfolk.gov.uk 96 Audit Committee 1. 17 September 2013 Background 1.1 The Chartered Institute for Public Finance and Accountancy (CIPFA) advocates that it is good practice for Audit Committees or their equivalent to undertake regular self assessments against a checklist of measures designed to test whether they are suitable equipped to perform their role on behalf of their organisations. 1.2 The CIPFA Audit Committee Self Assessment, appended to this report, was discussed following the formal meeting of the Audit Committee held on 18 June 2013, in order to re-emphasise to members what affords recognised operational best practice and then to confirm the level of compliance that was currently being achieved, whilst also identifying any areas where there is potential for further enhancements to be made to existing arrangements. 1.3 Prior to performing the Audit Committee Self-Assessment, members were made aware that new consolidated Public Sectors Internal Audit Standards (PSIAS) came into force from 1 April 2013, whereas previously, public sector organisations were subject to a host of different internal audit standards, with local government provisions being required to mirror a published Code of Practice for Internal Audit produced by CIPFA. 1.4 Having reviewed the new Standards, there are implications for the role of Audit Committees and reporting arrangements to be observed going forward. Basically, the new PSIAS continue to call for Audit Committees to assess their remit and effectiveness in keeping with Standard 1000 – Purpose, Authority and Responsibility, in order to facilitate the work of such Committees. 1.5 Before embarking on the Audit Committee Self-Assessment exercise (attached at Appendix D), it was confirmed that 66 individual aspects of operations would be examined across 6 sub-headings as listed below: Establishment, Operation and Duties; Internal Control; Financial Reporting and Regulatory Matters; Internal Audit; External Audit; and Administration. 1.6 The Audit Committee did not undertake a review of its own effectiveness in 2012/13, although previously there had been annual scrutiny of terms of reference and operational provisions. The checklist completed in June 2013 has therefore reinstated the process for annual self-assessments going forward. 2. Issues of non compliance with the Audit Committee Self Assessment Checklist 2.1 The recent self-assessment work conducted has confirmed that there were some deviations to good practice guidance and these have been highlighted in Appendix D which contains a full set of responses, whilst this report seeks to summarise the anomalies noted and any other comments received, with action points included where members have acknowledged that further improvements should be introduced to the way the Committee functions. 97 Audit Committee 17 September 2013 2.2 There is no current mechanism for providing formal annual reports on the Committee‟s work and performance. The consensus view of the membership was that detailed minutes adequately provide comment on Committee throughput, and the level of debate and challenge given to agenda items. Moreover, these minutes are presented to Full Council over the course of the year, thus appropriate information is already generated, obviating the need for annual reports to be reintroduced. 2.3 It was also appreciated that induction training for new members is not automatically arranged and added to this, no process has been put in place to review members‟ skills and experience, using this information to then develop targeted training to plug any gaps identified in consequence. Members therefore agreed to forward details of their backgrounds and skill sets to the Internal Audit Consortium Manager, who was tasked with evaluating this and liaising with the Head of Finance as to where future training sessions would be most beneficial. 2.4 In the course of working through the checklist, there was agreement that the Audit Committee does not currently assess the performance of External Audit but instead, the Head of Finance fulfils this duty. Thus, in this respect, it was considered that no further action was required in relation to the deviation to best practice that had been noted. 2.5 Other points raised during the self-assessment exercise concerned private discussions with the Internal and External Auditors. Here, there was an acknowledgement that the Committee has delegated responsibility for this to the Chair, who undertakes this interaction on an annual basis. Some comments were additionally made in relation to „Agenda Administration‟ and „Actions Arising‟. It was recognised that „Any Other Business‟ items are not applicable to Audit Committee agendas. Reference to the length of reports and their content was subject to some feedback too, and the Internal Audit Consortium Manager will be exploring how to respond to these items in due course. 3. Conclusion 3.1 Participation in the self-assessment exercise has permitted the Committee to verify the extent to which it has been complying with good practice advocated by CIPFA. Where there have been deviations recorded, members have taken a view on how they wish these matters to be managed from this point onwards, as recorded in Section 2 of this report. 4. Recommendation 4.1 That members note the content of this report and approve the actions identified to enhance operational arrangements. Appendices attached to this report: Appendix D – Audit Committee Self Assessment Checklist 98 Appendix D North Norfolk District Council - Audit Committee Self Assessment Checklist No. Priority Issue 1. ESTABLISHMENT, OPERATION AND DUTIES Yes No √ √ Comments Role and Remit 1.1 1 1.2 1 1.3 1 1.4 1 1.5 1 1.6 1 1.7 2 1.8 2 Does the audit committee have written terms of reference? Do the terms of reference cover the core functions of an audit committee as identified in the CIPFA guidance? Are the terms of reference approved by the council and reviewed periodically? Has the audit committee been provided with sufficient membership, authority and resources to perform its role effectively and independently? Can the audit committee access other committees and full council as necessary? Does the authority's Annual Governance Statement include a description of the audit committee's establishment and activities? Does the audit committee periodically assess its own effectiveness? Does the audit committee make a formal annual report on its work and performance during the year to full council? √ √ √ Terms of Reference are revisited when the Constitution is reviewed/updated. √ It was noted that there is not currently a Vice Chair appointed, but it was resolved that a member would be appointed to this role as and when needed. √ √ √ √ Annual Reports were produced until 2010/11.Thereafter, it was considered inappropriate as Minutes of the Committee are relatively detailed and these are presented to Full Council 4 times per year. 99 No. Issue Yes Has the membership of the audit committee been formally agreed and a quorum set? Is the chair independent of the executive function? √ Has the audit committee chair either previous knowledge of, or received appropriate training on, financial and risk management, accounting concepts and standards, and the regulatory regime? Are new audit committee members provided with an appropriate induction? √ Priority No Comments √ There is not currently a mechanism in place ensuring that new members to the Committee automatically receive induction training. However, recent new joiners were provided with a guide to working arrangements, provided by the Chair of the Audit Committee. It was agreed that consideration should be given to developing a training programme for adoption in the future. Members' skills and experience have not been fully evaluated to identify where there might be gaps, which need to be addressed going forward. It was therefore agreed that members would submit information regarding their skills and experience to the Head of Internal Audit, who would then summarise these particulars, and determine where future training sessions would be most beneficial. Membership, Induction and training 1.9 1 1.10 1 1.11 1 1.12 1 1.13 1 Have all members' skills and experiences been assessed and training given for identified gaps? 1.14 1 √ 1.15 2 Has each member declared his or her business interests? Are members sufficiently independent of the other key committees of the council? Meetings 1.16 1.17 1 1 √ √ 1.18 1 1.19 1 1.20 1 1.21 1 1.22 1 Does the audit committee meet regularly? Do the terms of reference set out the frequency of meetings? Does the audit committee calendar meet the authority's business needs, governance needs and the financial calendar? Are members attending meetings on a regular basis and if not, is appropriate action taken? Are meetings free and open without political influences being displayed? Does the authority's S151 officer or deputy attend all meetings? Does the audit committee have the benefit of attendance of appropriate officers at its meetings? √ √ √ √ √ √ √ √ 100 No. Issue Yes Does the audit committee consider the findings of the annual review of the effectiveness of the system of internal control (as required by the Accounts and Audit Regulations) including the review of the effectiveness of the system of internal audit? Does the audit committee have responsibility for review and approval of the Annual Governance Statement and does it consider it separately from the accounts? Does the audit committee consider how meaningful the Annual Governance Statement is? √ Does the audit committee satisfy itself that the system of internal control has operated effectively throughout the reporting period? Has the audit committee considered how it integrates with other committees that may have responsibility for risk management? Has the audit committee (with delegated responsibility) or the full council adopted "Managing the Risk of Fraud - Actions to Counter Fraud and Corruption?" Does the audit committee ensure that the "Actions to Counter Fraud and Corruption" are being implemented? Is the audit committee made aware of the role of risk management in the preparation of the internal audit plan? Does the audit committee review the authority's strategic risk register at least annually? Does the audit committee monitor how the authority assesses its risk? Do the audit committee's terms of reference include oversight of the risk management processes? √ Priority No Comments INTERNAL CONTROL 2.1 1 2.2 1 2.3 1 2.4 1 2.5 1 2.6 1 2.7 1 2.8 2 2.9 2 2.10 2 2.11 2 √ √ √ √ √ √ √ √ √ 101 No. Priority Issue Yes No Comments FINANCIAL REPORTING AND REGULATORY MATTERS Is the audit committee's role in the consideration and/or approval of the annual accounts clearly defined? Does the audit committee consider specifically: - the suitability of accounting policies and treatments; - major judgements made; - large write-offs; - changes in accounting treatment; - the reasonableness of accounting estimates; - the narrative aspects of reporting? √ 1 Is an audit committee meeting scheduled to receive the external auditor's report to those charged with governance including a discussion of proposed adjustments to the accounts an other issues arising form the audit? √ 3.4 1 √ 3.5 2 3.6 2 3.7 2 Does the audit committee review management's letter of representation? Does the audit committee annually review the accounting policies of the authority? Does the audit committee gain an understanding of management's procedures for preparing the authority's annual accounts? Does the audit committee have a mechanism to keep it aware of topical legal and regulatory issues, for example by receiving circulars and through training? 3.1 1 3.2 1 3.3 √ √ √ √ 102 No. Priority Issue Yes No Comments INTERNAL AUDIT 4.1 1 Does the audit committee approve annually and in detail, the internal audit strategic and annual plans including consideration of whether the scope of internal audit work addresses the authority's significant risks? √ 4.2 1 √ 4.3 1 4.4 1 4.5 1 Does internal audit have an appropriate reporting line to the audit committee? Does the audit committee receive periodic reports from the internal audit service including an annual report from the Head of Internal Audit? Are follow-up audits by internal audit monitored by the audit committee and does the committee consider the adequacy of implementation of recommendations? Does the audit committee hold periodic private discussions with the Head of Internal Audit? 4.6 1 √ 4.7 1 4.8 1 4.9 2 4.10 2 Is there appropriate co-operation between the internal and external auditors? Does the audit committee review the adequacy of internal audit staffing and other resources? Has the audit committee evaluated whether its internal audit service complies with CIPFA's Code of Practice for Internal Audit in Local Government in the United Kingdom? Are internal audit performance measures monitored by the audit committee? Has the audit committee considered the information it wishes to receive from internal audit? √ √ √ The Committee as a whole has nominated the Chair to hold periodic private discussions with both the Head of Internal Audit and the External Audit Manager. Such discussions take place on an annual basis. √ √ √ √ 103 No. Priority Issue Yes No Comments EXTERNAL AUDIT 5.1 1 Do the external auditors present and discuss their audit plans and strategy with the audit committee (recognizing the statutory duties of external audit)? √ 5.2 1 Does the audit committee hold periodic private discussions with the external auditor? √ 5.3 1 √ 5.4 1 Does the audit committee review the external auditor's annual report to those charged with governance? Does the audit committee ensure that officers are monitoring action taken to implement external audit recommendations? 5.5 1 √ 5.6 1 Are reports on the work of external audit and other inspection agencies presented to the committee, including the Audit Commission's annual audit and inspection letter? Does the audit committee assess the performance of external audit? 5.7 1 Does the audit committee consider and approve the external audit fee? √ The Committee as a whole has nominated the Chair to hold periodic private discussions with both the External Audit Manager and the Head of Internal Audit. Such discussions take place on an annual basis. √ √ The Head of Finance and Section 151 Officer reviews the performance of External Audit and completes a customer satisfaction survey commenting on the quality of their work. √ This is not strictly applicable to the Audit Committee. ADMINISTRATION Agenda administration 6.1 1 6.2 1 6.3 2 6.4 2 Does the audit committee have a designated secretary from Committee/Member Services? Are agenda papers circulated in advance of meetings to allow adequate preparation by audit committee members? Are outline agendas planned one year ahead to cover issues on a cyclical basis? Are inputs for Any Other Business formally requested in advance from committee members, relevant officers, internal and external audit? √ √ √ 104 No. Priority Issue Yes No Comments Papers 6.5 1 Do reports to the audit committee communicate relevant information at the right frequency, time, and in a format that is effective? √ 6.6 2 Does the audit committee issue guidelines and/or a proforma concerning the format and content of the papers to be presented? √ Are minutes prepared and circulated promptly to the appropriate people? Is a report on matters arising made and minuted at the audit committee's next meeting? Do action points indicate who is to perform what and by when? √ It was recognised that the Audit Committee has a work programme which is clear in confirming when different reports will be made available. There were some comments received however regarding the length of some reports and their repetitive nature, and a request received to make them more succinct in the future. For the most part, Audit Committee reports follow the Council's approved Committee reporting template. The Committee reserves the right, however,on occasions, to revise the format when requesting ad-hoc reports. Actions arising 6.7 1 6.8 1 6.9 1 √ √ Committee agendas recognise Action Points arising from the minutes of previous meetings. Specific target dates are not added but the Action Points are revisited each time the Committee is convened. 105 Audit Committee 17 September 2013 Agenda Item No___16_____ Progress Report on Internal Audit Activity, April to August 2013 Summary: This report examines progress made between 1 April and 31 August 2013 in relation to delivery of the Annual Audit Plan for 2013/14, and includes abbreviated management summaries in respect of the audit reviews which have been finalised in the course of this period. Conclusions: Adequate assurance levels have been awarded to the three audits completed in the first five months of the financial year. It is further noted that the Annual Audit Plan has been subject to some minor rescheduling; the timing of two assignments featuring in the plan has been revised. Recommendations: It is recommended that the Committee notes the outcomes of the three audits completed between 1 April and 31 August, together with the minor amendment made to the Annual Audit Plan for 2013/14. Cabinet member(s): All All Wards: Contact Officer, telephone number, and e-mail: 1. 1.1 Sandra King, Internal Audit Consortium Manager 01508 533863 scking@s-norfolk.gov.uk Background The Accounts and Audit Regulations 2011 require that the Council must undertake an adequate and effective internal audit of its accounting records and of its system of internal control in accordance with the proper practices in relation to internal controls. To assist the authority with fulfilling this responsibility, this Activity Report, the first to be generated in year, comments on the results of our work for the period April to the end of August 2013, in relation to the approved Annual Internal Audit Plan for 2013/14, this was endorsed by the Audit Committee on 19 March 2013. 106 Audit Committee 17 September 2013 1.2 The Public Sector Internal Audit Standards which came into effect on 1 April 2013 also require that this committee receives regular communications regarding the activity’s performance in relation to the plan. This report seeks to meet this requirement and ensure that independence and objectivity (Standard 1100) is maintained. 2. Amendments to the Annual Audit Plan 2.1 Since the approval of the Annual Audit Plan there have been two minor revisions to the timing of audits: The Document Imaging audit (NN/14/13) has been slightly postponed from July to September, to enable the audit to run concurrently with the review of the Revenues and Benefits Application (NN/14/14), due to the intrinsic links between the two applications. The rescheduling was discussed and agreed with management in advance of the audit starting. The Tourism and Economic Development audit (NN/14/05) has been postponed from September to January. The audit has been initially scoped to cover two initiatives; Enterprise Norfolk and Destination Management Organisation (DMO). The DMO initiative is in the early stages and it was felt best to review this area in quarter 4 thus ensuring a review is taken place after the first year of operation. The rescheduling was discussed and agreed with management. 2.2 The rescheduling of the work within the current year and the updated timetable for undertaking 2013/14 audit assignments is noted in Appendix E to this report. 3. Delivery of Programmed Audit Work in accordance with the Revised Annual Audit Plan 3.1 As demonstrated in Appendix E, 59 days of programmed work had been completed at the time of writing this report. This figure equates to 28% of audit planned days earmarked for completion in 2013/14. The status of individual audits can be summarised thus: Three assignments have been completed and final reports issued (Audit Nos. NN/14/01 Environmental Health Services, NN/14/02 Private Sector Housing – Disabled Facilities Grants and NN/14/03 Car Parking and Markets). The audit fieldwork is under way for NN/14/04 Waste Management. We have circulated the audit briefs for: NN/14/13 Document Imaging Civica (Revenues and Benefits), with the fieldwork scheduled to start on 2 September and NN/14/14 Revenues and Benefits Application Civica, with the fieldwork scheduled to start on 12 September. 4. Outcomes of Work Undertaken 4.1 With reference to work completed between 1 April and 31 August 2013, as mentioned above, we have been able to finalise three audits during this period and their respective management summaries are attached at Appendix F to the report. 107 Audit Committee 17 September 2013 4.2 In the case of the Environmental Health Services audit (Audit No. NN/14/01), we have been able to give an adequate assurance level to operational arrangements, which is consistent with the audit opinion provided the last time this area was examined. Three medium recommendations have been raised in the areas of assisted burials and private water supplies & sampling. 4.3 With reference to the Private Sector Housing – Disabled Facilities Grants audit (Audit No. NN/14/02) an adequate assurance opinion was provided. The audit was carried out in conjunction with Broadland District Council, these being two if the three district councils where the Integrated Housing Adaptation Team (IHAT) structure was rolled out as part of a countywide initiative aimed at streamlining the DFG process. The audit found that the introduction of the IHAT, to date, has had the largest impact on the triage stage of the process. The main recommendation involves ensuring that consistent performance measures are agreed across the county. Work has started on this and strategic and local measures have been identified, however this work needs to be finalised to enable benchmarking in the future. 4.4 In relation to the Car Parking and Markets audit (Audit No. NN/14/03) an adequate assurance opinion has been provided; the level of assurance has improved since the last audit in 2011/12, when a limited assurance opinion was awarded. In relation to Car Parking the recommendations centred on the shared service agreement with Kings Lynn and West Norfolk Borough Council (KL&WNBC). Firstly to ensure that complete income information is received to enable reconciliations. To ensure that the quarterly meetings are held as per the Service Level Agreement and that the annual performance information is received both enabling monitoring of the agreement. The recommendation for markets was to ensure that the risk assessment reflects the current practices. 4.5 Members should note that an adequate assurance level is a positive assurance. All audit reports finalised to date in the 2013/14 financial year, have resulted in positive assurances being awarded, which emphasises that the systems of internal control evaluated to date, have been found to be working effectively and efficiently. 5. Conclusion 5.1 Good progress has been made with the delivery of the Audit Plan to date; positive assurances have been awarded and all other work scheduled is on track as expected. 6. Recommendation 6.1 That members note the outcomes of the three completed audits and the minor amendment made to the Annual Audit Plan for 2013/14. 108 Audit Committee 17 September 2013 Appendices attached to this report: Appendix E – Review Work delivered in accordance with the Annual Audit Plan for 2013/14 Appendix F – Abbreviated Management Summaries of Completed Audit Assignments Appendix F (1) NN/14/01 Environmental Health Services Appendix F (2) NN/14/02 Private Sector Housing – Disabled Facilities Grants Appendix F (3) NN/14/03 Car Parking and Markets 109 Appendix E Review Work delivered in accordance with the Annual Audit Plan for 2013/14 plus Ad-Hoc Work requested by Management Audit No. Description of Audit PLANNED SYSTEMS AUDIT WORK Environmental Health Services NN/14/01 Frequency of Audit Coverage Original Days Planned Revised Days Planned Days Delivered Scheduling Status Complete Final report issued 16 July 2013 Complete Final Report issued 8 August 2013 Complete Final Report issued 20 August 2013 Audit brief issued 8 August 2013. Revised Brief circulated 20 August 2013. Fieldwork to start 12 August 2013 and to finish 6 September 2013. Draft report to client by 20 September 2013 3-yearly 19 19 19 April 3-yearly 8 8 8 June NN/14/03 Private Sector Housing - Disabled Facilities Grants Car Parking and Markets 2-yearly 16 16 16 July NN/14/04 Waste Management 2-yearly 18 18 14 August NN/14/05 Tourism and Economic Development 3-yearly 10 10 NN/14/06 Freedom of Information and Data Protection Accountancy Services Revenues and Benefits Services - Data Transfer, Governance and Risk Sundry Debtors Work to Support the AGS Receipt, handling and banking of remittances and tourist information centres 3-yearly 8 8 September January October 2-yearly Ad-hoc 17 5 17 5 October October 2-yearly Annually 2-yearly 10 15 12 10 15 12 November January January 3-yearly Annually 22 8 168 22 8 168 57 34% 4-yearly 10 10 1 July September Audit brief issued 31 July 2013 Fieldwork to start 2 September 2013 and to finish 18 September 2013 Draft report to client by 2 October 2013 3-yearly 13 13 1 September Audit brief issued 31 July 2013 Fieldwork to start 12 September 2013 and to finish 30 September 2013 Draft report to client by 14 October 2013 2-yearly 13 13 3-yearly Annually 5 4 45 5 4 45 2 4% 213 213 59 28% NN/14/02 NN/14/07 NN/14/08 NN/14/09 NN/14/10 NN/14/11 Development Management Systems Audit Follow Up TOTAL PLANNED SYSTEMS AUDIT WORK NN/14/12 PLANNED COMPUTER AUDIT WORK Document Imaging - Civica (Revenues NN/14/13 and Benefits) NN/14/14 Revenues and Benefits Application Civica IT Security, Procurement and End User Controls Computer Audit Needs Assessment NN/14/16 Computer Audit Follow Up TOTAL PLANNED COMPUTER AUDIT WORK NN/14/15 TOTAL PLANNED WORK February 2 x 6-monthly validation October October 2 x 6-monthly validation 110 Assurance Level applicable Summary Report Details presented to Members Adequate 17 September 2013 Adequate 17 September 2013 Adequate 17 September 2013 Comments Audit No. Description of Audit Frequency of Audit Coverage Original Days Planned Revised Days Planned Days Delivered Scheduling Status Assurance Level applicable EXTRA WORK REQUESTED TOTAL OF EXTRA WORK UNDERTAKEN GRAND WORK TOTAL 0 0 0 213 213 59 28% 111 Summary Report Details presented to Members Comments Appendix F(1) Report No. NN/14/01 – Final Report issued 16 July 2013 Audit Report on Environmental Health Audit Scope The scope of the audit covered: Local Authority Pollution Prevention and Control (LAPPC); Assisted Burials; Food Safety; and Private Water Supplies Sampling and Risk Assessments. Assurance Opinion Unsatisfactory Assurance Limited Assurance Adequate Assurance Good Assurance Rationale supporting the award of the opinion The system of internal control is, overall, deemed adequate in managing the risks associated with Environmental Health that fall within the scope of this audit. The level of assurance remains the same as the previous audit undertaken for this area. The assurance opinion has been derived as a result of three medium, and six low priority recommendations being raised upon conclusion of our work concerning Environmental Health provisions. The scope of the audit focused upon four areas within two distinct teams and the recommendations are divided among each area. The three medium priority recommendations related to the risk of misappropriation of monies found at deceased properties for which the Council has undertaken an inspection in support of the assisted burials process, the risk that large facilities are not undertaking water supply sampling in line with requirements and the risk that the Council has not met its responsibilities of notifying external authorities of public health concerns over private water supplies. Furthermore, it is noted that the Council is not currently undertaking risk assessments on Private Water Supplies in line with regulations. This is due to the prioritisation of sampling due to limited resource availability. Risk assessment programmes are expected to have commenced prior to the end of Quarter two 2013/14. A recommendation has not been raised over this area although it has been considered as part of the assurance rating provided. Positive Findings We have acknowledged the following areas where sound controls are in place and operating consistently. Policies, procedures and guidance are in place regarding all areas of the service. These are available to Environmental Health staff via the shared drive. Minor issues were noted with regards the requirement to refresh procedural guidance for Food Safety. However, it is acknowledged that guidance in place is extensive. The M3 system is used as a tool to schedule and document inspections. The system is used within a consistent manner and only minor issues were identified over the scheduling and completion of inspections. 112 Inspections are being conducted in a consistent manner in line with regulations and guidance. Segregation of duties is in place where appropriate, particularly in relation to the Assisted Burials process for which there are cash security risks. Control weaknesses to be addressed During our work we have identified the following area(s) where we believe that the processes / arrangement within Environmental Health would benefit from being strengthened, and as a result of these findings medium priority recommendations have been made. Assisted Burials Where inspections are carried out of properties, inspecting officers do not sign to confirm both their presence on site and that the accounts submitted are an accurate reflection of items found. Private Water Supplies and Sampling Two large water supply holders within the district undertake self-monitoring of their water supply quality. The Council does not obtain assurance over whether this is completed in line with regulations. Notifications made to external bodies regarding public health concerns are currently made by phone. As a consequence, a formal record is not retained to confirm that the Council has met its requirements in notifying these issues. Summary of the adequacy and effectiveness of controls Area of Scope Adequacy and Effectiveness Assessments Local Authority Pollution Prevention and Control Assisted Burials Food Safety Private Water Supplies and Sampling Adequacy of Controls Effectiveness of Controls Recommendations Raised High Medium Low Green Green 0 0 0 Green Amber 0 1 3 Green Amber 0 0 3 Green Amber 0 2 0 0 3 6 Total High Priority Recommendations No high priority recommendations have been raised as a result of this audit Management Responses Management have accepted the recommendations raised. 113 Appendix F(2) Report No. NN/14/02 – Final Report issued 8 August 2013 Audit Report on Private Sector Housing – Disabled facilities Grants Audit Scope The scope of the audit covered: Governance for New Structure; Policies and Procedures; and Disabled Facilities Grants. Assurance Opinion Unsatisfactory Assurance Limited Assurance Adequate Assurance Good Assurance Rationale supporting the award of the opinion The system of internal control is, overall, deemed adequate in managing the risks associated with Private Sector Housing (Housing (Health and Wellbeing) that fall within the scope of this audit. The level of assurance remains the same as the previous audit undertaken for this area. The assurance opinion has been derived as a result of one medium, and four low priority recommendations being raised upon conclusion of our work concerning Disabled Facility Grant (DFG) provisions. This audit was carried out in conjunction with Broadland District Council, these being two of the three district councils (which included South Norfolk District Council) where the Integrated Housing Adaption Team (IHAT) structure was rolled out as part of a countywide initiative aimed at streaming the DFG process, by bringing Social Care staff into the Council’s housing team to form an IHAT. The initiative is co-ordinated by the County Disabled Facilities Grant Project Officer; (hosted by Broadland District Council funded by the DCs and seconded from Norwich City Council), and the IHAT structure has now been rolled out across the county from th April 2013. Funding for County DFG position currently ceases on 30 September 2013. Throughout the joint audit we have established that the introduction of the IHAT, to date, has had the largest impact on the triage stage of the process, whereby the formation of IHAT teams has placed the relevant organisations involved in the assessment stage in one central office location (although some assessments are still undertaken by the OTs in the locality teams). By doing this the IHAT has reduced the various hand-off steps and reduced moving the duplication of work that was prevalent between organisations under the previous structure. In terms of the administration and processing of a DFG application i.e. completing an application through to approval process, the internal controls have remained in place, after formation of the IHAT. No issues were identified through this review regarding the processes concerning the administration and processing of DFGs applications. The remit of the County Disabled Facilities Grant Project Officer includes establishing and monitoring performance measures which effectively assess the success of the new IHAT structure, with the intention of facilitating service enhancements to the process where applicable. In addition, the remit includes implementing contractor lists at each district authority for DFG adaptation works as well as streamlining the customer feedback process. Concerns have been raised by the County Disabled Facilities Grant Project Officer and both IHAT Managers (for Broadland and North Norfolk Districts Council’s) as to whether all of the project objectives will be achieved prior to the date funding for the County Disabled Facilities Grant Project Officer post in due to cease. Further concerns were raised by the IHAT 114 Managers as to whether the district will have sufficient resources to complete these tasks should they not be achieved. Although performance measures have been set to assess performance of the IHAT team across the County, throughout all of the various DFG stages e.g. referral, visits etc. these had not been formally monitored by the end of our fieldwork. Concerns have also been raised by the IHAT Managers as to the large number of measures being monitored and the necessity to monitor certain measures. Although work has been undertaken to distinguish between strategic measures (compulsory to report against) and local measures (discretionary), it is evident that further work needs to be undertaken to achieve buy in from the districts to monitoring these measures. Fundamentally, it remains unclear as to how performance measures and therefore the success of achieving project objectives; as well as how learning from performance outcomes is to be monitored and co-ordinated between district council’s after funding for the County th Disabled Facilities Grant Project Officer role ceases as expected on 30 September and justifying the need to continue administering scheme arrangements as now established into the future. Through the joint audit we have also identified an area of potential over control at the Council regarding annual reminders relating to land charges for DFGs. The key control in operation is the charge being placed with Local Land Charges upon award of a grant; this was found to be operating as expected through the audit testing. The additional control involves sending annual reminders to the recipients of the grants; this appears to add little value. The segregation of duties between the officers undertaking the reconciliation between M3 and e-Financials should also be documented, to provide a full audit trail. In addition, the overall assurance opinion is affected by the one medium priority recommendation remaining outstanding from the previous audit of Private Sector Housing review and approval of the Home Renewal Policy which is set for approval by Cabinet in September 2013. Positive Findings We found that the Council has demonstrated the following points of good practice as identified in this review and we will be sharing details of these operational provisions with other member authorities in the Consortium: We were advised that the structure of the IHAT has had a positive impact on reducing waste during the referral stage of the project with the structure of the IHAT having been consistently applied, in line with a clearly agreed mandate. This was detailed in st a report to the IHAT Peer Group on 1 February 2013 from the three IHAT Managers from the pilot schemes at Broadland, South Norfolk and North Norfolk District Councils. Despite the removal of waste from the system we note that the internal controls regarding the DFG processing from application through to approval have not been subject to change and are working effectively. Procedures and guidance are in place regarding the service. In addition we note that the IHAT has access to the IHAT Handbook for guidance of referral routes and workflow systems are set within M3 to process a DFG application. We have acknowledged the following areas where sound controls are in place and operating consistently. Grants had been awarded in line with relevant legislation to eligible applicants, with works subject to appropriate approval and verification prior to payment of a grant. 115 Control weaknesses to be addressed During our work we have identified the following area(s) where we believe that the processes / arrangement within Private Sector Housing (Housing (Health and Housing)) - DFGs would benefit from being strengthened, and as a result of these findings a medium priority recommendation has been made in relation to the following: Although performance measures to monitor the effectiveness of the IHAT structure across the County have been set, there is uncertainty as to whether the Council’s systems currently hold this information and whether it is necessarily beneficial to the Council in terms of all the measures set. Furthermore, once funding for the County th Disabled Facilities Grant Project Officer position ceases on 30 September there is uncertainty over the co-ordination of the DFG Project countywide and monitoring of performance measures thereafter, including all aspects of the process from initial contact, assessment and delivery of the adaptation and that the Council’s IT system is not designed to hold information about the assessment stage. Information will need to be provided from the Care First system which only social care staff currently has access to. Summary of the adequacy and effectiveness of controls Area of Scope Adequacy and Effectiveness Assessments Governance for New Structure Policies and Procedures DFGS Adequacy of Controls Effectiveness of Controls Recommendations Raised High Medium Low Green Amber 0 1 0 Green Amber* 0 0 0 Green Amber 0 0 4 0 1 4 Total *- One medium priority recommendation raised within the previous audit of Private Sector Housing (NN1102) remains outstanding and impacts on the effectiveness of controls rating for this area. High Priority Recommendations No high priority recommendations have been raised as a result of this audit Management Responses Management have accepted the recommendations raised. 116 Appendix F(3) Report No. NN/14/03 – Final Report issued 20 August 2013 Audit Report on Car Parking and Markets Audit Scope The scope of the audit covered: Car Parking, in particular the shared service arrangement monitoring arrangements with KL&WNBC. Markets, including trading terms and licences and income collection. Assurance Opinion Unsatisfactory Assurance Limited Assurance Adequate Assurance Good Assurance Rationale supporting the award of the opinion The audit covered Car Parking and Markets, which are managed within the Assets and Leisure Service. Work on Car Parking focused predominantly on the monitoring arrangements in place over the contract and service provision. We also reviewed the arrangements for the issue of season tickets for parking within NNDC. The Markets work focused upon the issue and monitoring of licences and operations within the market. The system of internal control is, overall, deemed adequate in managing the risks associated with Car Parking and Markets that fall within the scope of this audit. The level of assurance has improved since the previous audit undertaken for this area. The assurance opinion has been derived as a result of three medium priority recommendations being raised in relation to Car Parking and one medium priority recommendation being raised within the area of Markets. The recommendations in relation to Car Parking centre on the monitoring of the shared service arrangement with Kings Lynn and West Norfolk Borough Council (KL&WNBC). The information provided to the Property Business Manager does not enable a complete reconciliation of income to be undertaken, quarterly liaison meetings are not being held and performance information is not being received as per the Service Level Agreement. There is also an issue with the late receipt of invoices from KL&WNBC with regards the quarterly management fees. However, risks to the Council with regards payment of these invoices is mitigated through robust budget monitoring by profiling expected costs. As such, no recommendation is considered necessary. The recommendation for Markets indicates that the risk assessment for cash handling of markets income needs updating to reflect current practices. The assurance opinion also reflects the one medium priority recommendation that remains outstanding as a result of our work within the review of the Work to Support the preparation of st the Annual Governance Statement (NN/13/11 – issued 21 May 2013) in relation to Car Parking reconciliations. 117 Positive Findings It is acknowledged there are areas where sound controls are in place and operating consistently. Car Parks A Service Level Agreement (SLA) has been signed between NNDC and st KL&WNCBC which was last revised on 1 April 2012 through an approved variation order. Issue and stock of season tickets is tightly controlled and access restricted to authorised personnel. Income received from season tickets is correctly accounted for and reconciled. Markets Trading licences are issued correctly to traders and fees are correctly levied. Income is promptly paid and accounted for. Terms and conditions for trading are adhered to. Control weaknesses to be addressed During our work we have identified the following key areas where we believe that the processes / arrangements within Car Parking and Markets would benefit from being strengthened, and as a result of these findings four medium priority recommendations have been made. Car Parks Payments made from customers regarding PCNs are not reported in detail to the Council. A detailed report on payments needs to be submitted from KL&WNBC which will act as a guide for the Property Business Manager to correctly estimate and monitor the income expected by KL&WNBC. Meetings between the Council and KL&WNBC regarding contract monitoring were st last held on 21 November 2012. These should be held on a quarterly basis in line with the SLA between the two parties. The Annual Performance Report should be received each April for the preceding financial year. The report for 2012/13 had not been received at the time of our review in July 2013. Although no recommendation has been raised, due to robust budget monitoring arrangements, including profiling of expenditure, KL&WNBC have been late in submitting quarterly invoices for their 17% management fee under the terms of the SLA. At the time of our fieldwork in July 2013, invoices had not been provided for quarters three and four for 2012/13 or quarter one for 2013/14. Markets A risk assessment has been undertaken in relation to cash handling within Markets. The risk assessment was found not to cover all controls which either are in place or should be in place. This includes the need for officers to vary the markets they attend when collecting market fees. In addition, one recommendation reported in the Work to support the preparation of the Annual Governance Statement 2012/13 remains outstanding, i.e. car parking ticket machine income should be reconciled to the PARKEON database figures. This had been agreed with th an implementation date of 30 June 2013. Progress with implementing this recommendation 118 will continue to be monitored through our six-monthly cyclical follow up checks, which is next th due in October 2013 to report on the status as at 30 September 2013. Summary of the adequacy and effectiveness of controls Adequacy and Effectiveness Assessments Area of Scope Car Parking Season Tickets Markets Adequacy of Controls Effectiveness of Controls Amber Amber High 0 Medium 3 Low 0 Green Green 0 0 0 Green Amber 0 1 0 0 4 0 Total Recommendations Raised High Priority Recommendations No high priority recommendations have been raised as a result of this audit Management Responses Management have accepted the recommendation raised. 119