Clackmannanshire Council Report on the 2006-07 Accounts Audit 27 September 2007 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Contents Contents Section Grant Thornton UK LLP Page Executive Summary 3 Detailed Findings 4 Appendix A – Action Plan 11 Appendix B - Summary of Accounting Adjustments 15 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Executive Summary Executive Summary Introduction We have audited the financial statements of Clackmannanshire Council (the Council) for the year ending 31 March 2007. This report sets out our key findings and discharges our responsibilities under ISA260 - reporting matters arising from our audit to those charged with governance. Key findings We expect to give an unqualified opinion on the financial statements of the Council for 2006-07. Our audit identified a number of adjustments to the Council's draft accounts. The combined impact of these adjustments is to reduce the reported deficit in the Council's draft accounts from £11.688 million to £10.721 million in the revised accounts. The key recommendations arising from our financial statements audit are that the Council should: improve its financial management and planning arrangements to ensure it has sufficient resources to meet both unforeseen circumstances and the significant long term financial commitments associated with the implementation of the Three Schools PPP Project, Scottish Housing Quality Standard, and single status and equal pay settlements; ensure all planned income and expenditure is incorporated within the Council's annual budget presented to members for approval; develop a policy for managing future consultancy and advisory costs to ensure an adequate balance of risk is achieved between the supplier and the Council; seek authorisation from the Scottish Government to apply capital receipts to the Three Schools PPP Project before proceeding to implement its financing model; and develop a policy for approving and submitting its draft accounts to the Accounts Commission, and for ensuring appropriate scrutiny arrangements are in place prior to the accounts being signed and published. Status of our Report This report is part of a continuing dialogue between the Council and Grant Thornton UK LLP and is not, therefore, intended to cover every matter which came to our attention. Our procedures are designed to support our audit opinion and they cannot be expected to identify all weaknesses or inefficiencies in the Council’s systems and work practices. The report is not intended for use by third parties and we do not accept responsibility for any reliance that third parties may place upon it. Acknowledgements We would like to take this opportunity to thank the Head of Finance, the Accounting and Budgeting Manager and other staff who have been involved in this audit for their assistance and co-operation. Grant Thornton UK LLP 3 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings Detailed Findings Introduction In accordance with the Code of Audit Practice (the Code) we are required to audit the financial statements of the Council for the year ended 31 March 2007. In auditing the financial statements, we give an opinion on whether: they present fairly the Council's financial position as at 31 March 2007 in accordance with Part VII of the Local Government (Scotland) Act 1973 (the Act) and the CIPFA 2006 Statement of Recommended Practice (2006 SORP); and the Statement on the System of Internal Financial Control is consistent with the information we obtain through our audit. The 2006 SORP The 2006 SORP introduced wide ranging changes to the presentation of local government accounts. These changes are intended to improve the presentation and understanding of the accounts. Key changes include: the replacement of the Consolidated Revenue Account with an Income and Expenditure account that reports actual financial performance for the year; appropriations to and from reserves are omitted from the Income and Expenditure account and are shown separately in the Statement of Movement on the General Fund Balance; the order of the financial statements has been amended, primarily to group together the primary statements, including the Income and Expenditure account, balance sheet and cash flow statement. In preparing the 2006-07 accounts in accordance with the new SORP, the Council has restated its 2005-06 accounts. This has resulted in the Council’s reported financial position for that year changing from a surplus of £3.881 million to a deficit of £13.002 million. The increase in the deficit has been caused by implementation of the 2006 SORP, but statutory adjustments ensure there is no overall impact on the Council's general fund position. Matters Arising Under ISA260, we are required to communicate certain matters arising from the audit to those charged with governance. This function is discharged by the Council's scrutiny committee who have received a copy of this report. The areas considered are summarised in the table below: Grant Thornton UK LLP 4 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings Area Key Messages Independence and objectivity We are able to confirm our independence and objectivity as auditors and note the following: of the audit team Quality of the Accounts we are independently appointed by Audit Scotland; we comply with the Auditing Practices Board's Ethical Standards; and we have not performed any non Code or advisory work during the year. The draft financial statements were presented for audit on 29 June 2007 in line with the agreed timetable. The accounts and supporting working papers were of a good standard. The Council had good arrangements in place to deal with implementation of the significant changes introduced by the 2006 SORP. Approach to the audit Our approach to the audit was set out in our 2006-07 audit plan. We have planned our audit in accordance with International Auditing Standards and the Code. We have considered the materiality of items in the financial statements both in determining the audit approach and in determining the impact of any errors. During the 2006-07 audit, we reviewed the core financial systems in operation at the Council for the purpose of relying on controls for our accounts opinion. Our interim report has identified some improvement actions to strengthen internal controls, but no material internal control weaknesses have been identified. Accounting policies and practices We consider that the Head of Finance has adopted appropriate accounting policies in the areas covered by our testing, in accordance with the 2006 SORP. The accounts record a large pensions deficit of £42 million which will be funded from ongoing revenue expenditure. The Head of Finance has considered and confirmed that the Council remains a going concern and will confirm this in the Letter of Representation. Material risks and exposures The Council has considered and confirmed that it has no material risks and exposures which should be reflected in the financial statements and the Head of Finance will confirm this in the Letter of Representation. Audit adjustments and unadjusted errors We have identified several disclosure amendments and reclassifications to improve the presentation of the accounts. The total value of revenue adjustments made to the accounts was £1.5 million. The net impact of these adjustments is to increase the General Fund balance by £0.54 million. There are no unadjusted differences to report. A full summary of adjusted and unadjusted differences is included at Appendix 2. Grant Thornton UK LLP 5 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings The key matters arising from the audit are: Financial position The Council's Income and Expenditure account records a deficit for the financial year of £10.6 million (£13 million deficit in 2005-06). At the financial year end, the Council held usable revenue reserves of £10.7 million (£10.5 million 2005-06) representing 11% of net operating expenditure. The Council has earmarked £2.8 million of its £3.8 million general fund balance for specific purposes, leaving only £1 million available to fund unanticipated expenditure. The Council's reserves policy is to retain a minimum revenue balance of £1.8 million for unplanned expenditure and unforeseen events, and the current low level of reserves, therefore, presents a significant risk that financial plans will not be achievable. Refer action plan point 1 Financial Management and Budgetary Control The Council's accounts record a decrease in the general fund balance of £0.1 million which broadly meets its budgeted expectation that the general fund would decrease by £69,000 over the financial year. This outcome was only achieved following a number of audit adjustments to the draft accounts, without which the Council's overspend would have been significantly higher than reported. The Council did not include £1 million of advisors fees relating to the Three Schools PPP Project in the budget in its 2006-07 budget and Council departments overspent their budgets by £0.5 million. These increased costs were offset by £0.8 million of interest earned on revenue balances. This Council's overspend would have been significantly higher had interest rate and market movements not delivered this windfall. The exclusion of PPP advisor fees from the Council's budget represents a significant weakness in the Council's governance and financial reporting arrangements. All planned costs should be transparently reported to members, especially those relating to significant and complex projects. Refer action plan point 2 The Council had difficulty controlling the overall cost for financial advice for the PPP Project and the contract was awarded on the basis of open ended day rates. This meant that the Council bore the majority of the contractual risk should the project be delayed or negotiations become more complex than anticipated. Refer action plan point 3 Three Schools PPP Project In response to the Council's request for our comments on the reasonableness of its provisional view on the proposed accounting treatment of the Three Schools PPP Project (the Project), we confirmed on 6 March 2007, that we were not minded to challenge the view that, in applying the Treasury Task Force guidance, the newly created assets should be accounted for as off the Council’s balance sheet. This means that Project transactions will be accounted for as revenue expenditure in the Council's accounts following construction of the schools. Grant Thornton UK LLP 6 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings The Council plan to make a significant capital contribution of £16m to the Project funded from capital receipts, once the initial construction phase has been completed. This contribution will be made in exchange for a lower unitary charge over the life of the Project and is non refundable. The 2006 SORP, which sets out proper accounting practice, requires capital receipts to be credited to the usable capital receipts reserve which is operated under powers provided by Schedule 3 of the Local Government (Scotland) Act 1975 (which provides for a capital fund). The capital fund can only be used to fund capital expenditure or loans fund repayments. Under current local government financing regulations, the Council cannot apply capital receipts to a revenue purpose. We have, therefore, recommended that the Council seek formal authorisation from the Scottish Government to apply capital receipts to the Project before proceeding to implement its existing financing model. In addition, the Project is planned to be part funded from above inflation increases in council tax over the life of the project. The Scottish Government has recently announced an intention to replace council tax with a form of local income tax and is seeking agreement from councils not to increase council tax levels for 2007-08. This approach, if implemented, may have significant funding consequences for the Council. Refer action plan points 4 & 5 Scottish Housing Quality Standard The accumulated balance on the Housing Revenue Account (HRA) was £6.4 million at the year end. The Council has been increasing its HRA reserve balances in recent years following its decision on 8 December 2005 to retain all housing stock and meet or exceed the requirements of the Scottish Housing Quality Standard (SHQS) by 2015 from its own resources. The Council has undergone a detailed process to assess how it will meet SHQS, but has not yet approved its business plan to formalise how it will achieve this policy objective. This increases the risk that the Council will not have sufficient resources available to fully upgrade its housing stock by the 2015 deadline set by SHQS. Refer action plan point 6 Devolved School Management Under the terms of the scheme of devolved management to schools and services within education, the Council has earmarked a portion of general fund reserves, representing the devolved budget carried forward each year. The balance at 31 March 2007 is £1.2 million following net increases to the fund since 1 April 2003 when the reserve balance was £0.5 million. The Council should bring forward spending plans to ensure that this fund is used for the purposes intended and for the benefit of local education services. Refer action plan point 7 Grant Thornton UK LLP 7 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings Trading Operations The Council's trading operations have all met their financial target to break even over a rolling 3 year period as shown in the Table below: Trading Operation Property Contracts Annual Target Surplus £'000 250 2006-07 Surplus £'000 3-Year Surplus £'000 82 447 80 212 379 330 294 826 Environmental and Engineering Contracts Overall Position The Property Contracts trading operation has a target to achieve a surplus of £0.25 million annually, but has not achieved this target for each of the last 3 years. The Council should review its performance expectations in light of the recent financial performance of this trading operation. Refer action plan point 8 Council Tax Debtors The Council records significant council tax debtors of £8.7 million in its accounts with approximately half of this balance relating to debts which have been outstanding for over 5 years. The Council has provided for £5.5 million of this debt, calculated on the basis of 3.5% or 3% of income for each year. The methodology used by the Council has not, however, been based on a recent assessment of the pattern of collection for council tax debts or of likely recoverability, and does not take account of the age of the debt. The Council should undertake a review of council tax debtors to assess likely recoverability based on size and age of debt, and past collection performance, to ensure bad debts are sufficiently provided for within the Council's accounts. Refer action plan point 9 Fixed Asset Register During the financial year, the Council identified two buildings in its ownership that had not been recorded within the asset register. This has resulted in an understatement of fixed assets in prior years, and a lack of maintenance planning for these buildings. Refer action plan point 10 Grant Thornton UK LLP 8 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings Accounts Presentation The 2006 SORP requires the Council's accounts to be presented in compliance with the requirements of BVACOP. Our audit identified some presentation differences between the Council's draft accounts and the required BVACOP presentation as outlined below: the draft accounts were adjusted to remove the 'Other Operating Income and Expenditure' line from the Income and Expenditure account and to re-allocate the £1.4 million of expenditure and £1 million of income across other Council services; there is no requirement for separate disclosure of capital grants not matched to fixed assets and for some surpluses on trading undertakings in the Income and Expenditure Account, and therefore, £74,000 of income recorded on these lines has been apportioned to the relevant service; the Contribution from the provision for doubtful debts of £0.2 million recorded within the Income and Expenditure account has also been removed and apportioned to the relevant service; and a number of other minor presentation amendments were made to improve the overall presentation of the financial statements. Refer action plan point 11 Accounts Clearance Process Local authority draft accounts are required to be signed and submitted to the Accounts Commission by 30 June each year. The Accounts Commission review the accounts and provide approval for them to be advertised and subject to public inspection. The Council submitted draft accounts on 29 June 2007 in accordance with the statutory deadline. There is, however, no formal approval process for submission of the draft accounts and this increases the risk of error in the draft financial statements. In addition, scrutiny committee meetings where not scheduled to receive the draft accounts for approval, or to receive and review the external auditor's report on the draft accounts or the report from the Chief Internal Auditor on the systems of internal financial control. This represents a weakness in overall governance arrangements. The Council should develop a policy for approving the annual financial statements covering: arrangements for either the scrutiny committee or full Council to review and approve the draft accounts prior to submission to the Accounts Commission; timetabling of meetings to ensure the external auditor has an opportunity to communicate audit matters to the scrutiny committee, in accordance with the requirements of ISA260, in advance of the accounts being finalised; arrangements to ensure the scrutiny committee has an opportunity to review the finalised accounts and Statement on the Systems of Internal Financial Control, together with the relevant internal and external audit reports, prior to approval of the accounts for signing; Grant Thornton UK LLP 9 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Detailed Findings arrangements for the scrutiny committee to provide an annual report to the full Council outlining its work during the year and its key findings and recommendations, including recommending approval of the financial statements for signing; and arrangements for publication of the signed accounts in accordance with the requirements of the Local Government (Scotland) Act 1973. Refer action plan point 12 Grant Thornton UK LLP 27 September 2007 Grant Thornton UK LLP 10 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Appendix A – Action Plan Appendix A – Action Plan No Finding Priority Recommendation Management Response Responsible Officer Implementation Date High The Council should ensure it has sufficient reserves available to fund both existing commitments and unforeseen circumstances. Agreed. Steps will be taken during the next few budget cycles to replenish reserves to an adequate level. Head of Finance March 2010 Financial Position 1 At 31 March 2007 the Council had only £1 million of reserves which had not been earmarked to fund existing commitments. This does not meet the policy requirement to retain £1.8 million of unearmarked reserves. The current level of the Council's unearmarked reserves presents a significant risk that financial plans will not be achievable. Financial Management and Budgetary Control 2 The decision not to include significant elements of expenditure within the Council budget represents a significant weakness in governance and financial reporting arrangements. High The Council should, in future ensure all planned income and expenditure is incorporated within its annual budget presented to members for approval. Agreed, although these costs were regularly monitored during the year Head of Finance April 2008 3 The Council had difficulty controlling the overall cost for financial advice for the Three Schools PPP Project and the contract was awarded on the basis of open ended day rates. High The Council should develop a policy for managing consultancy and advisory costs. In particular, the Council's contracting arrangements should ensure an adequate balance of risk is achieved between the supplier and the Council. Agreed Head of BITS April 2008 This meant that the Council bore the majority of the contractual risk should the project be delayed or negotiations become more complex than anticipated Grant Thornton UK LLP The Council should only enter into day rate contracts for advisor's services on an exceptional basis and with appropriate safeguards to manage total project costs within agreed budgets. 11 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Appendix A – Action Plan No Finding Priority Recommendation Management Response Responsible Officer Implementation Date Three Schools PPP Project 4 Under current local government financing regulations, the Council cannot apply capital receipts to a revenue purpose. High The Council should seek authorisation from the Scottish Government to apply capital receipts to the Three Schools PPP Project, before proceeding to implement its financing model. Agreed. There seems to be a general anticipation that these projects will eventually feature on Councils’ Balance Sheets, but in the meantime the Scottish Government will be approached Head of Finance March 2008 5 The Scottish Government has recently announced an intention to replace council tax with a form of local income tax, and is seeking agreement from councils to not increase council tax levels for 2007-08. This approach, if implemented, may have significant funding consequences for the Three Schools PPP Project. Medium The Council should review its funding model and affordability assumptions for the Three Schools PPP Project should a change in local government finance arrangements be agreed. Agreed. The funding model will be reviewed, but with several other Councils in the same position we await advice from the Scottish Government about how these commitments are going to be financed. Head of Finance March 2008 Medium The Council should formalise its business plan to demonstrate how it will achieve its policy objective to meet and exceed the SHQS standard by 2015. Agreed. Business Plan will submitted to Council for approval Head of Housing December 2007 Medium The Council should bring forward spending plans to ensure that this fund is used for the purposes intended, and for the benefit of local education services. Agreed. Head Education April 2008 Scottish Housing Quality Standard 6 The Council has undergone a detailed process to assess how it will meet the Scottish Housing Quality Standard (SHQS), but has not yet formalised and approved its business plan to demonstrate how it will achieve this policy objective. be This increases the risk that the Council will not have sufficient resources available to fully upgrade its housing stock by the 2015 deadline set by SHQS. Devolved School Management 7 The Council holds £1.2 million of reserves devolved to schools for local education projects. This balance has increased each year since it was established in April 2003. Grant Thornton UK LLP of 12 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Appendix A – Action Plan No Finding Priority Recommendation Management Response Responsible Officer Implementation Date Medium The Council should review its performance expectations in light of the recent financial performance of this trading operation. Agreed Head of Finance March 2008 Medium The Council should undertake a review of council tax debtors to assess likely recoverability based on size and age of debt, and past collection performance, to ensure bad debts are sufficiently provided for within the Council's accounts. Agreed. Head of Finance September 2008 Medium The Council should review its fixed assets register against the register of ownership held by its legal department to ensure the fixed asset register is fully up to date. Agreed Head of Finance March 2008 Agreed Head of Finance March 2008 Trading Accounts 8 The Property Contracts trading operation has a target to achieve a surplus of £0.25 million annually, but has not achieved this target for each of the last 3 years. Council Tax Debtors 9 The Council has provided for £5.5 million of council tax debt, calculated on the basis of 3.5% or 3% of income for each year. This approach may not sufficiently provide for potential bad debts. Fixed Asset Register 10 During the financial year, the Council identified two buildings in its ownership that had not been recorded within its asset register. This has resulted in an understatement of its fixed assets in prior years and in a lack of maintenance planning for these buildings. The Council should also circulate its asset register to services and request confirmation of its accuracy and completeness. Accounts Presentation 11 The Council's accounts required a number of presentational amendments to ensure full compliance with BVACOP. Grant Thornton UK LLP Medium The Council should undertake a supervisory review of its accounts prior to submission to audit to ensure they are presented in full compliance with the BVACOP. 13 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Appendix A – Action Plan No Finding Priority Recommendation Management Response Responsible Officer Implementation Date High The Council should develop a policy for approving and submitting its draft accounts to the Accounts Commission and for ensuring appropriate scrutiny arrangements are in place prior to the accounts being signed and published. Agreed Head of Finance June 2008 Accounts Clearance Process 12 There is no formal accounts approval process for submission of the draft accounts and this increases the risk of error in the draft financial statements. Scrutiny committee meetings were not scheduled to receive the draft accounts for approval, or to receive and review the external auditor's report on the draft accounts or the report from the Chief Internal Auditor on the systems of internal financial control. This represents a weakness in overall governance arrangements. Grant Thornton UK LLP 14 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Appendix B - Summary of Accounting Adjustments Appendix B - Summary of Accounting Adjustments Adjusted differences 1.1 This is a summary of accounting adjustments processed by the Council following our audit. Income & Expenditure Balance Sheet account Dr Cr Dr Cr £000s £000s £000s £000s To accrue invoices for valuation certificates 172 172 received before the year end. Fixed assets Creditors Unrecorded liabilities Unspent Supporting People Grant 393 393 To re-classify unspent supporting people Income Creditors Social Services Creditor 58 58 To adjust for an accrued invoice within social Social Work work accruals paid before the year end. Expenditure grant as a prepayment. Other income and expenditure Reallocation of 'Other income and expenditure' to services as required by 373 373 Service Other Expenditure income and Other creditors expenditure BVACOP. Contribution to/(from) Provision for 227 227 Doubtful Debt Service Contribution To remove ‘Contribution to/(from) Provision Expenditure to/(from) for Doubtful debts line from the Income and provision for Expenditure account and apportion across doubtful debt services. Government Department Debtors 288 288 To correct classification of an NDR debtor to NDR Grant Govt. grant Government Debtor. Grant Thornton UK LLP 15 Clackmannanshire Council - Report on the 2006-07 Accounts Audit Appendix B - Summary of Accounting Adjustments Income & Expenditure Balance Sheet account Dr Cr Dr Cr £000s £000s £000s £000s Salaries and Wages 88 88 To write off a balance relating to Valuation Service Creditors Board tax insurance creditors. Expenditure Depreciation on Non-Operational 352 352 780 428 Investment Properties Statutory Depreciation Accumulated Fixed Asset To remove depreciation charged on non- Adjustment Depreciation Restatement operational investment properties in Reserve accordance with the 2006 SORP. 352 Capital Financing Reserve Disclosure Adjustments TOTAL Adjustments A number of disclosure adjustments have been agreed to improve the clarity and presentation of the accounts that do not affect the reported financial position. Material adjustments to the accounts included: correction of a £0.1 million transposition error on the Environment and Engineering Contracts trading account; the inclusion of an additional contingent liability note (Note 31) to record the potential costs associated with the implementation of single status; and additional disclosure, within the Foreword, of the Council's involvement in the Stirling-Alloa-Kincardine rail link. 952 1,491 1,779 1,240 The net effect of these adjustments is to increase the Council's general fund for the financial year by £0.539 million. There are no unadjusted differences to report. Grant Thornton UK LLP 16