Standards and Audit Committee 17 May 2011 Agenda Item No. 5 CORPORATE GOVERNANCE STATEMENT –2010-11 Report by: Ronnie Hinds, Chief Executive Wards Affected: All Purpose As part of the annual accounts process the Council prepares a Corporate Governance Statement for inclusion in the annual accounts. This report is intended to provide some background for Members on the processes adopted for preparing the Corporate Governance Statement, a copy of which is appended for Members’ approval. Recommendation(s) Members are asked to note the contents of this report and approve the draft Corporate Governance Statement attached in Appendix 1. Resource Implications None. Legal & Risk Implications A Corporate Governance Statement is required for inclusion in the annual accounts submitted for audit. Failure to produce the statement would result in the Council not meeting the requirements of the Accounting Code of Practice. Policy & Impact Assessment None Consultation The Governance Statement takes account of the Assurance Statements provided by Executive Directors and Heads of Service and the Assurance Statement provided by the Audit and Risk Management Services Manager. 1.0 Background 1.1 The Council adopted its Code of Corporate Governance in September 2003 when it was agreed the Code would be kept under ongoing review and the Council would report annually on the extent of compliance with the Code for that year. A revised Code of Corporate Governance based on the CIPFA / SOLACE guidance – Delivering Good Governance in Local Government and work was submitted to this Committee on 13 April 2010 (Para 168 SA 87 refers). 1.2 Fife Council has to prepare Group Accounts and accordingly the Governance Statement covers a Statement of Internal Financial Control for the Arts & Theatre Trust Fife and the Fife Sports & Leisure Trust. 1.3 The Executive Directors for Finance & Resources and Performance & Organisational Support prepare Corporate Governance Assurance Statements on behalf of the Council. 1.4 In addition, Executive Directors and Heads of Service are required to complete annual Corporate Governance Assurance Statements for their services. The Directors of the Arts and Theatre Trust Fife and the Fife Sports and Leisure Trust prepare Statements of Internal Financial Control. These statements are based on the Executive Directors / Heads of Service knowledge of the Council’s governance, risk management and performance monitoring arrangements, their own service arrangements and outcomes of internal and external audit reports as well as HMI reports where relevant. Cognisance is also taken of both internal and external audit reports submitted to this committee and the subsequent action plans and their outcomes. 1.5 A separate Assurance Statement is provided by the Audit and Risk Management Services Manager and a separate report to this Committee explains the basis of its preparation. 1.6 From the above the attached draft Corporate Governance Statement is prepared for consideration by this Committee. It should be noted that the Council’s system of Corporate Governance can provide only reasonable and not absolute assurance that Council objectives will be met, assets are safeguarded, that transactions are authorised and properly recorded and that material errors or irregularities are either prevented or would be detected within a timely period. 1.7/ 1.7 Additionally, the statement has been prepared prior to the completion of the annual accounts and annual audit and any items identified in either of the above processes may require to be reflected in the final statement prior to publication with the annual accounts. It would therefore be intended to produce a final statement and report for submission to the August Committee cycle. Report contact: Ronnie Hinds Chief Executive Fife Council Fife House Glenrothes APPENDIX 1 CORPORATE GOVERNANCE STATEMENT 1.0 Scope of responsibility 1.1 Fife Council 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. Fife Council also has a duty under the Local Government in Scotland Act 2003 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. In discharging this responsibility, members and senior officers are responsible for putting in place proper arrangements for the governance of Fife Council’s affairs, facilitating the effective exercise of its functions, which includes the management of risk. 1.2 In discharging this overall responsibility, Fife Council has recently reviewed the existing Code of Corporate Governance and approved and adopted a Code of Corporate Governance, which is consistent with the principles and reflects the requirements of the CIPFA/SOLACE Delivering Good Governance in Local Government. A copy of the Code is on our website at www.fifedirect.org.uk or can be obtained from Geoff McDonald, Audit and Risk Management Services Manager. This statement explains how Fife Council has complied with the code. 1.3 Fife Council has put in place appropriate management and reporting arrangements to enable it to satisfy itself that its approach to corporate governance is both adequate and effective in practice. Specifically, it has developed and adopted a risk management strategy for the Council. 1.4 A lead officer has been appointed to: • oversee the implementation and monitor the operation of the Code of Corporate Governance • review the operation of the Code in practice • report annually to the Standards and Audit Committee on compliance with the Code and any changes that may be necessary to maintain it and ensure its effectiveness in practice. 1.5 In addition, Fife Council’s Audit and Risk Management Services Manager has been given the responsibility to review independently and report to the Standards and Audit Committee annually to provide assurance on the adequacy and effectiveness of the Code and the extent of compliance with it. APPENDIX 1 2.0 Purpose of the governance framework 2.1 The governance framework comprises the structure, 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 authority 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 Council’s Code of Corporate Governance and the related systems of internal control are a significant part of that framework and are designed to manage risk to a reasonable level. They cannot eliminate all risk of failure to achieve policies, aims and objectives and can therefore provide only reasonable and not absolute assurance that objectives will be met, assets are safeguarded, transactions are authorised and properly recorded and that material errors or irregularities are either prevented or would be detected within a timely period. 2.3 The system of internal control is based on an ongoing process designed to identify and prioritise the risks to the achievement of Fife’s 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. 2.4 Key elements of good corporate governance include honesty, trust and integrity, openness, performance orientation, responsibility and accountability, mutual respect and commitment to the organisation. To that end the system of corporate governance and internal control in Fife Council is based on a framework that includes: Community Plan Council Plan Codes of Conduct for councillors and employees Schemes of Administration and Delegation Financial Regulations Scheme of Scrutiny and Performance regular planning and performance management reports comprehensive financial management systems periodic and annual financial reports which indicate actual and projected financial performance against budget setting targets for financial and other performance clearly defined capital expenditure guidelines IT Strategy Procurement Strategy Capital Plan APPENDIX 1 HR Policies as appropriate, formal programme and project management disciplines. 2.5 The Council's internal audit requirements are met by the Audit and Risk Management Services Division which independently appraises the corporate governance and internal control systems. The Division is part of the Finance and Resources Directorate and operates in accordance with CIPFA Code of Practice for Internal Audit in Local Government. It undertakes an annual programme of work approved by the Standards and Audit Committee, derived from the five year Strategic Audit Plan prepared using a risk based assessment process and reviewed annually. A review of the effectiveness of the Standards and Audit Committee has been carried out in the current year and will be done annually in future. 2.6 All internal audit reports are issued to the appropriate Head of Service and copied to the Chair of Standards and Audit Committee, Executive Director Finance and Resources, the Executive Director Performance and Organisational Support, other relevant Executive Directors and Heads of Service and the External Auditor. Copies are also made available to the Chairs of the relevant strategic Committees. Summaries of all audit reports are provided to the Standards and Audit Committee for their scrutiny. Where necessary the Standards and Audit Committee can seek further reports from the appropriate Executive Director or Head of Service. 2.7 The Council must demonstrate the delivery of Best Value as defined by the Local Government in Scotland Act 2003. Following the Audit of Best Value and Community Planning in 2009, the Council has received reports every six months on the progress of the action plan to meet the improvements identified in the Best Value Audit report. The action plan is now complete and the Best Value arrangements for the Council are now monitored through the Assurance and Improvement Plan (AIP). The AIP is the result of an annual Shared Risk Assessment (SRA) jointly undertaken by the external audit and inspection agencies for Fife. It identifies the key local and national risks facing the Council and the rolling three-year programme of external scrutiny that will be undertaken to monitor progress in these areas. There has been a significant improvement in the overall level of assessed risk in comparison to the 2010 Fife AIP. This is based largely on positive audits/inspections by the Social Work Inspection Agency (SWIA) and the Scottish Housing Regulator (SHR) during the past year. APPENDIX 1 2.8 The effectiveness of the Council’s scrutiny arrangements continues to be monitored on a regular basis. In this regard, a report was submitted to the meeting of the Cross Party Leaders’ Group on 19th April, 2011 inviting comments on the improvements which were implemented following a report to the Policy, Finance and Asset Management Committee in September, 2009. 2.9 The Group agreed that no major changes to the current arrangements should be considered until after the local government elections in 2012 but that a further attempt should be made to establish a core scrutiny group of elected members in order to develop expertise on scrutiny matters and from which members of scrutiny panels may (but not exclusively) be drawn . 2.10 Changes to the governance arrangements for Fife Constabulary were agreed at Policy, Finance & Asset Management Committee and, at its meeting on 2nd September, 2010, the Police, Fire & Safety Committee agreed the terms of an Accountability Framework between the police authority and Chief Constable which clarified the responsibilities of the police authority and the Chief Constable having regard to Fife Council’s governance arrangements . 2.11 A new format of performance reports has been produced and has been used to improve in-year performance reporting. In addition a Corporate Performance Management System (CPMS) is being implemented across the Council following a successful collaborative procurement arrangement with Clackmannanshire and Stirling Councils. The system will improve the collation, reporting and resilience of the performance management approach within the Council. 2.12 The Council continues to develop and implement cohesive strategies for the effective management of resources including finance and workforce planning. The approach and framework for workforce planning has been developed and is integrated into the service planning process with directorate workforce plans being used to create a Corporate Workforce Plan. 2.13 The draft roles and remit of the Investment Strategy Group (ISG) were agreed by Council Management Team (CMT) in May 2009 and have now been implemented. ISG now receives improved high-level performance monitoring reports in relation to capital. Exception reports are prepared by ISG directorate representatives that highlight slippage, variances and proposed corrective actions, where appropriate and possible. A best practice template for improved capital performance reporting has been agreed by ISG and was implemented for monitoring reports to committee. APPENDIX 1 2.14 An Asset Management Plan 2009-12 was approved by PFAM Committee in September 2009 and is being rolled out with the current focus on office and depot rationalisation, with progress updates presented to PFAM Committee. 2.15 A systematic review of competitiveness is being undertaken with an Alternative Delivery Models Board established in November 2009. Consultants have been appointed to provide a baseline report on suitable delivery models for Council and senior officers and unions are engaged with the process 2.16 The Council produces an annual efficiency statement and work is ongoing to review the processes used to identify and capture Council efficiencies and consider relevant measures. 2.17 Work is ongoing on the planned improvements to customer service and the community planning process. 3.0 Review of effectiveness 3.1 Fife Council has responsibility for conducting, at least annually, a review of the effectiveness of its governance framework including the system of internal control. The review of effectiveness is informed by the work of the executive directors within the authority who have responsibility for the development and maintenance of the governance environment, the Audit & Risk Management Services Manager’s annual report, and also by comments made by the external auditors and other review agencies and inspectorates. 3.2 Our review of the effectiveness of the corporate governance and internal control procedures is informed by: feedback from members and committees carrying out their scrutiny role the work of managers within the Council the work of Audit and Risk Management Services as described above assurance statements provided by Executive Directors, Heads of Service and the Audit and Risk Management Services Manager the external auditors in their reports work undertaken by external review bodies including Her Majesty’s Inspectors review of various forms of customer and stakeholder feedback the outcome of Community Planning progress with the Best Value Action Plan APPENDIX 1 3.3 The Council Plan contains clear priorities intended to ensure that resources are directed towards delivering excellent services that will make a real difference to the people of Fife. The Council’s strategic planning is undertaken within a framework that links community, corporate and service planning together and action taken during the year has improved the clarity in the related reporting and monitoring structures. This provides continuity and consistency between the various levels of planning and performance management in the Council. Performance management is undertaken in a framework that involves senior management teams, the Council Management Team and members through various committees. The Council had updated its service planning and annual performance reporting framework including integration with the risk management process and in the last year implemented a Scheme of Scrutiny and Performance. In the coming year further improvements will continue to be made to reporting performance to Committees and scrutiny within the financial year. 3.4 The Council Plan sets a clear strategic direction for the Council. Progress is monitored using a balanced scorecard approach and reported in the Council’s Annual Performance Report. Performance has also been reported within the Fife Council Guide to Services which is delivered to every household in Fife. 3.5 The Council has in place many of the components for the effective management of its resources. These include a Finance Strategy, a Procurement Strategy and HR Policies. An IT Strategy and IT investment plan have been developed and these are monitored through the IT Strategy Board. The Risk Management Strategy Group continues to work to embed risk management in the Council with Services making continued progress in the last year. Audit Services has completed a second series of reviews of the arrangements in all services and agreed action plans. In addition the Council’s Business Continuity Project has developed Business Continuity Plans for the Council. The Council’s Code of Corporate Governance has been reviewed in line with new guidance from CIPFA / SOLACE which reflects best practice and a new Code approved. 3.6 External Audit has assessed the Council’s corporate governance arrangements to be generally robust but with scope for improvement. All services are operating in accordance with the Council’s Financial Regulations and the systems of financial controls are operating reasonably effectively across all parts of the Council. The External Auditors have however identified that the service level asset management plans are at various stages of development and that it is not clear how these will feed into an overarching corporate asset management plan. Whilst they are pleased to see that positive steps have been taken by the Authority to address the recommendations contained within their previous report on IT Strategy a number of key recommendations remain outstanding. In addition, they have APPENDIX 1 commented on the lack of comprehensive registers of moveable assets belonging to the common good and a lack of consistency in charging for the use of common good buildings. 3.7 Audit and Risk Management Services identified instances where written procedures were not reviewed and updated on a regular basis. There were also instances of poor controls over sums of cash in establishments. Whilst not material, these have been addressed through the Audit User Group, which was set up to provide guidance on internal control and procedures and revised procedures being implemented in the Education Service. System checks identified incorrect use of payments vouchers in one establishment which resulted in Council procedures not being fully complied with. Work carried out by Audit Services also identified instances where whilst disclosure checks were being carried out these were not being recorded properly. Continued improvements were made in completing bank reconciliations and most Services are working to improving their Risk Management processes. Overall, the main financial systems were all operating well. As part of each audit, a detailed action plan improving controls was agreed and the outcome monitored. 3.8 Building on previous years, the Council has continued to adopt a rigorous approach to containing expenditure within budget, which has seen a further strengthening of balances over the last year. 3.9 It is our opinion, based on the above, that reasonable assurance can be placed on the adequacy and effectiveness of the Council’s corporate governance systems in the year to 31 March 2011. 3.10 The Council has reviewed its Code of Corporate Governance in line with the revised framework for delivering Good Governance in Local Government. The approach adopted provides strong leadership focussing on clear priorities, with a cultural shift from process to results and with staff empowered to assume personal responsibility for the delivery of the corporate priorities against these objectives. 3.11 Our corporate governance framework is evolving by encouraging an appropriate balance between prudent, competent service planning and delivery, and encouraging innovative thinking and creativity amongst all employees and services. With this is mind, the Council seeks to continually improve its corporate governance code and internal controls and accordingly work continues on a number of areas including:- APPENDIX 1 Engaging Fife’s communities in the planning, delivery and monitoring of Council services. Providing employees with the training and skills required to deliver Council services and engaging them in the improvement of these services. Increasing awareness of codes of conduct and whistle-blowing procedures. Delivering competitive and best value services, making use of the best of the public, voluntary and private sectors. Promoting good practice in risk and performance management. Improving governance in joint working and joint service delivery. We intend to focus on the above actions in the coming year to enhance further our corporate governance and internal control arrangements. Councillor Peter Grant Leader of the Administration June 2011 Ronnie Hinds Chief Executive June 2011