Agenda and draft minutes

Audit and Scrutiny Committee - Thursday, 26th September, 2024 7.30 pm

Venue: Council Chamber - Epsom Town Hall, https://www.youtube.com/@epsomandewellBC/playlists. View directions

Contact: Email: democraticservices@epsom-ewell.gov.uk  tel: 01372 732000

Items
No. Item

14.

Questions and Statements from the Public

To take any questions or statements from members of the Public.

Minutes:

No questions or statements were received from Members of the Public.

15.

Declarations of Interest

To receive declarations of any Disclosable Pecuniary Interests or other registrable or non-registrable interests from Members in respect of any item to be considered at the meeting.

Minutes:

No declarations of any Disclosable Pecuniary Interests or other registrable or non-registrable interests were declared by Members with respect to any item to be considered at the meeting.

16.

Minutes of the Previous Meeting pdf icon PDF 345 KB

The Committee is asked to confirm as a true record the Public and Restricted Minutes of the Meeting of the Committee held on the 25 July 2024 (attached) and to authorise the Chair to sign them.

 

Additional documents:

Minutes:

The Committee confirmed as a true record the Public and Restricted Minutes of the Meeting of the Committee held on 25 July 2024 and authorised the Chair to sign them.

17.

Revenue Budget Monitoring - Quarter 1 pdf icon PDF 722 KB

This report presents the forecast revenue outturn position for the current financial year 2024/25, as at Quarter 1 (30 June).

Minutes:

The Committee received a report presenting the forecast revenue outturn position for the current financial year 2024/25, as of Quarter 1 (30 June).

The following matters were considered:

a)             Report correction. The Chief Accountant corrected an error in Section 7 of the report, the figure of £1.25m in paragraph 7.1 should show £356,000 as detailed in the accompanying table.

b)             Homeless variance. A Member of the Committee asked what targets are being missed to cause such a high forecast variance. The Chief Finance Officer responded to explain that the main issue is elevated demand for homelessness support and detailed actions to deal with the issue are within the remit of Community and Wellbeing Committee. The Chair noted the query and informed the Member that a written response would be provided following the meeting.

c)             General Fund Reserves. A Member of the Committee asked for a brief overview as to the decrease of the reserves balance. The Chief Finance Officer responded to explain that a report was taken to the Financial Strategy Advisory Group in June 2024, that detailed all commitments, over a certain level, against reserves, which is publicly available. The Chief Finance Officer continued to explain that a number of the larger commitments from reserves relate to the Local Plan or the acquisition of a residential property, that has been done to help the homelessness issue. The Chief Finance Officer informed the Committee that the capital reserves are diminishing and to mitigate that, an annual contribution of £500k has been put into the revenue budget.

Following consideration, the Committee unanimously resolved to:

(1)       Receive the revenue budget monitoring report, which sets-out a projected deficit of £77,000 for 2024/25;

(2)       Agree that regular reports should continue to be prepared for Community & Wellbeing Committee to update members on progress against the Homelessness Strategy and Action Plan;

(3)       Agree that the updated Quarter 2 position will be reported back to Audit and Scrutiny Committee in November.

 

 

18.

Capital Budget Monitoring - Quarter 1 pdf icon PDF 822 KB

This report presents the capital monitoring position at Quarter 1 for the current financial year 2024/25.

Additional documents:

Minutes:

The Committee received a report presenting the capital monitoring position at Quarter 1 for the current financial year 2024/25.

The following matters were considered:

a)            CIL spending. A Member of the Committee asked when the CIL bids were being determined. The Chair responded to explain that the CIL applications have been submitted and the Member Working Group has met and decided which bids were successful and will be reported to the Licensing and Planning Policy Committee in October to be agreed. The Chair noted that applicants will be notified if they are successful or not with their bids. The Chief Accountant informed the Committee that the new CIL spending protocol had been agreed by the LPP Committee in January, this review and new protocol delayed the spending on CIL.

b)            CIL Member Working Group. A Member of the Committee raised that the CIL MWG was meant to have two meetings, but only met once, and some of the decisions were passed to the Financial Strategy Advisory Group to be made. The Member commented that they would be meeting with the Chair of the CIL MWG and the Council’s CIL officer to determine as to why.

Following consideration, the Committee unanimously resolved to:

(1)      Receive the capital monitoring position at Quarter 1, as set out in the report;

(2)      Note the progress of capital projects as set out in Appendix 1.

 

 

19.

Performance and Risk Report - September 2024 pdf icon PDF 252 KB

The appendix to this report provides an overview of the council’s performance with respect to its 2024-25 annual plan objectives, key performance indicators, corporate risks, committee risks, and annual governance statement actions.

Additional documents:

Minutes:

The appendix to the report provided an overview of the council’s performance with respect to its 2024-25 annual plan objectives, key performance indicators, corporate risks, committee risks, and annual governance statement actions.

The following matters were considered:

a)             Households in nightly paid accommodation. A Member of the Committee asked why there has been an increase in the number of households living in nightly paid accommodation during Q1 2024/25. The Business Assurance Manager confirmed that they would take the question to the relevant officer and a written response would be provided.

b)             Resource Issue. A Member of the Committee asked what the plan is to increase resources to ensure that targets are met regarding progressing the actions from the CSP Review recommendations. The Chair confirmed that a written response would be provided after the meeting once the relevant officers were consulted.

c)             Balanced budget. A Member of the Committee raised that the ‘set a balanced budget’ target is rated as green, they queried if that is because the Council will have a balanced budget soon but does not presently. The Member also asked Officers to explain what a balanced budget means. The Chief Finance Officer informed the Committee that the Council has a statutory duty to have a balanced budget. The Chief Finance Officer continued to explain that there is flexibility in how to balance the budget. The Council’s budget is balanced at the moment by a contribution from the Council’s reserves. The Chief Finance Officer explained that the Council does have a budget deficit and diminishing reserves, and the Strategy and Resources Committee agreed a Framework in July for setting the budget and a number of workstreams to reduce and eliminate that deficit, to protect the Council’s reserves.

d)             Staff sickness. A Member of the Committee asked if the Council understands why the average number of days of staff sickness is coming down. The Chair confirmed that a written response would be provided after the meeting once the relevant officers were consulted.

e)             Town Hall Move. A Member of the Committee asked for an explanation of the commentary on AP24/5.4 and an update on the project timeline. The Chair noted that this Annual Plan Project item was updated on the 22nd of August so there may have been developments since the report was produced. The Business Assurance Manager confirmed that they would take the question to the relevant officer and a written response would be provided. The Business Assurance Manager informed the Committee that ‘qs on board’ meant a Quantity Surveyor had been appointed.

f)               Planning Applications. A Member of the Committee queried if the KPIs for Planning Applications would result in the Planning Committee approving more applications quickly. The Chair declared that he is also the Chair of Planning Committee. The Chair explained to the Committee that the Planning Committee are not looking at the KPIs when deciding Planning Applications, the KPIs are indicators for which the Council is measured on by Central Government.

g)             Tracking of Stage  ...  view the full minutes text for item 19.

20.

IPCO Inspection 2024 pdf icon PDF 291 KB

This report provides the Committee with the outcome of the Investigatory Powers Commissioner's Office (IPCO) latest inspection. The Council was due its usual three-yearly inspection by IPCO, regarding its compliance with the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016. The Council was last inspected in January 2021.

 

Following the receipt of the Council’s responses to the inspection information request, the Investigatory Powers Commissioner are satisfied that the Council’s reply provides  assurance that ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016 will be maintained. As such, the Council did not require further inspection this year.

 

The Commissioner highlighted three minor areas where the Council can enhance its RIPA Policy. Officers will update the RIPA Policy as per the Commissioner’s recommendations, which will then be brought to the Committee as part of the annual RIPA report in March 2025.

Additional documents:

Minutes:

A report was received providing the Committee with the outcome of the Investigatory Powers Commissioner's Office (IPCO) latest inspection. The Council was due its usual three-yearly inspection by IPCO, regarding its compliance with the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Act 2016. The Council was last inspected in January 2021.

Following the receipt of the Council’s responses to the inspection information request, the Investigatory Powers Commissioner are satisfied that the Council’s reply provides assurance that ongoing compliance with RIPA 2000 and the Investigatory Powers Act 2016 will be maintained. As such, the Council did not require further inspection this year.

The Commissioner highlighted three minor areas where the Council can enhance its RIPA Policy. Officers will update the RIPA Policy as per the Commissioner’s recommendations, which will then be brought to the Committee as part of the annual RIPA report in March 2025.

Following consideration, the Committee unanimously resolved to:

(1)      Note the findings and recommendations from the Investigatory Powers Commissioner's Office 2024 inspection.

 

21.

LGO and ICO updates pdf icon PDF 224 KB

This report contains information on recent council complaint decisions from the Local Government and Social Care Ombudsman (LGSCO) and the Information Commissioner’s Office (ICO).

Minutes:

The Committee received a report containing the information on recent council complaint decisions from the Local Government and Social Care Ombudsman (LGSCO) and the Information Commissioner’s Office (ICO).

The following matters were considered:

a)            Autocomplete email function. A Member of the Committee commented that the autocomplete email function should not be removed entirely if there has only been a very small number of minor incidents, and if it would massively reduce efficiency. The Chair noted the comments and raised that when it does go wrong, it can be catastrophic so is still worth looking in to and considering.

Following consideration, the Committee unanimously resolved to:

(1)   Note the report.

 

22.

Ombudsman Annual Report 2023-24 pdf icon PDF 236 KB

This report provides the annual review of complaints received and decisions made by the Local Government and Social Care Ombudsman during 2023-24.

Additional documents:

Minutes:

The Committee received a report providing the annual review of complaints received and decisions made by the Local Government and Social Care Ombudsman during 2023-24.

The following matters were considered:

a)            Ombudsman complaint. A Member of the Committee asked why the third complaint referenced in paragraph 3.1 on page 110, was closed. The Business Assurance Manager informed the Committee that a written response would be circulated to Committee Members.

b)            Number of complaints. A Member of the Committee noted that the number of complaints received in 2023/2024 was notably more than the previous year. The Business Assurance Manager noted the comment and informed the Committee that they would consult with the complaints team to see if there are any themes that have been identified. Another Member of the Committee raised that the 24 complaints received in 2023/24 is not statistically significant when taking into account the table as a whole.

Following consideration, the Committee unanimously resolved to:

(1)      Receive and note the Local Government and Social Care Ombudsman Annual Review Letter 2023-2024.

 

 

23.

Work Programme - September 2024 pdf icon PDF 319 KB

This report presents the Committee with its annual Work Programme.

Minutes:

The Committee received a report presenting its annual Work Programme.

The following matters were considered:

a)            Scrutiny items. A Member of the Committee asked for clarification as to which items have been raised for potential scrutiny work. The Chair informed the Committee that any Councillor can get an item put forward for consideration to go on the A&S Agenda, under the process set out in the Constitution. The Chair raised that there is an opportunity for items to be brought forward and discussed, for it to be agreed what members are looking to get out of a scrutiny review. The Chair also highlighted that the current work programme items need to be considered when a potential scrutiny item is raised.

b)            IT security concerns. A Member of the Committee explained they have suggested a scrutiny item focusing on IT Security, due to the issue being an urgent and high-risk area of concern. The Chair noted the comments and agreed they would be picked up.

c)            Contracts and Waivers. A Member of the Committee mentioned that they had raised a scrutiny item about contracts and waivers, due to the increase in price of the Harrier Roof Contract. The Member detailed their concerns around the project and reasoning given as to why the costs increased. The Member continued to explain their concerns regarding the use of waivers and suggested that the process be scrutinised. The Chair responded to confirm that questions about the specific project would be passed on to relevant officers and answered. The Chair continued to explain that an audit item was done on this specific project and reported back to Strategy and Resources Committee, but if there are still concerns, then they can be raised and a scrutiny item on the contract can be discussed and looked into.

d)            Procurement. A Member of the Committee raised that a Contract Standing Orders report is due to go to Strategy and Resources Committee on 12 November 2024 and would be covering procurement and waivers. The Member raised it might be helpful to wait for that report to go to Committee and see if that addresses any concerns with the current procurement and waiver system before scrutinising that area. The Chair noted the comments. The Member who raised the scrutiny item agreed that they would look at the Contract and Standing Orders report when it is published but explained that they would like to work on producing a waivers policy through scrutinising the performance of that area.

e)            Quotation prices. A Member of the Committee raised a concern that quotations provided to the Council are inflated by companies. The Chair invited the Member to share any specific concerns or questions, and they would be answered be the relevant officers.

Following consideration, the Committee unanimously resolved to:

(1)      Note and agree the ongoing Work Programme as presented in Section 2.

 

 

24.

Internal Audit: Progress Report - September 2024 pdf icon PDF 304 KB

This report summarises progress against the Internal Audit Plan 2024-2025.

Additional documents:

Minutes:

The Committee received a report summarising the progress against the Internal Audit Plan 2024-2025.

The following matters were considered:

a)            Thanks. The Vice Chair thanked the internal auditors for the comprehensive report.

b)           Bank Reconciliation. The Vice Chair asked if officers could provide comment on the observation that the internal auditors were unable to confirm that regular bank reconciliations had been fully completed throughout. The Chief Accountant responded to explain that the bank reconciliation process is undertaken by the Council’s systems accountant and there was a period where that accountant was not in place, so the sign offs hadn’t happened. The Chief Accountant continued to explain that the reconciliations had been done, but the sign off procedure hadn’t been followed.The Chief Accountant informed the Committee that there is now a systems accountant in place who is doing the regular sign off of the reconciliations.

c)            Planning Enforcement. A Member of the Committee raised the no assurance observation for Planning Enforcement and queried why the Council is not more concerned about this audit opinion.The Chair pointed out the revised due date for the Planning Enforcement management actions and highlighted that it has been raised with the relevant team to get assurance that the actions are being progressed and the necessary resources are in place to do so. The Internal Auditor explained that they are working with officers to conduct a follow-up review, which will ensure the management actions have been fully embedded. A Member of the Committee raised that during the last municipal year, planning enforcement was suggested as an area for potential scrutiny. The Chair highlighted that 12 of the 15 management actions have been completed. The Chair stated that the outstanding 3 can be looked into and a response prepared as to the delay on those actions.

d)           Planning Enforcement Reporting. A Member of the Committee asked how Councillors access and view Enforcement plans and activity. The Member queried if Councillors could see enforcement action within their own ward or borough wide. The Chair invited officers to ask questions and raise concerns with the Council’s enforcement officer.  A Member of the Committee raised that members should receive an enforcement update for their ward. The Democratic Services Officer informed the Committee that an enforcement update was shared with Committee Members via email, which detailed the progress and plans for enforcement reporting to members.

e)            Overdue Actions. A Member of the Committee asked for confirmation that there are currently less outstanding management actions than detailed in the report.The Internal Auditor explained that the progress that has been made is in regard to reports being drafted and getting through to finalstages and the management actions outstanding remain the same as in the report. The Business Assurance Manager confirmed to the Committee that the outstanding management actions are the same as in the report.

f)             Management of Leases and Rents. A Member of the Committee asked why the Asset Management audit review had not begun. The Internal Auditor  ...  view the full minutes text for item 24.

25.

Exclusion of the Press and Public pdf icon PDF 86 KB

Under Section 100(A)(4) of the Local Government Act 1972, the Committee may pass a resolution to exclude the public from the Meeting for Part Two of the Agenda on the grounds that the business involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Minutes:

The Committee unanimously resolved to exclude the Press and Public from the meeting, at 21:05, in accordance with Section 100A (4) of the Local Government Act 1972 on the grounds that the business involved the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended) and that pursuant to paragraph 10 of Part 2 of the said Schedule 12A the public interest in maintaining the exemption outweighed the public interest in disclosing the information.