Audit and Risk Committee - Tuesday, 21st May, 2024 7.00 pm

May 21, 2024 View on council website Watch video of meeting
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Summary

The meeting on 21 May 2024, discussed the Council's financial position, its Annual Governance Statement, its external audit plans, the Regulation of Investigatory Powers Act and its cyber security arrangements. The committee voted to approve the draft unaudited 2023-24 Annual Governance Statement, to note the indicative audit plans for the Council and Pension Fund for the year ending 31 March 2024 and the level of directed surveillance undertaken by the council, and to note the Cyber Security Annual Report.

Council Finances

The Corporate Director for Resources, David Cartlidge, told the committee that he would provide the Council's end-of-year financial position, the Outturn Report, to the Executive on 27 June. He said the financial position showed significant variances in spending against budget, which had been a challenge throughout the year. However, he said that overall the position was positive and that Islington was in a better position than many other councils.

Councillor Convery asked Mr Cartlidge about the financial position at the end of Quarter 4 of the financial year.

Is there anything at all that appears to be a little bit significantly worse or have there even been some significant improvements in the final quarter?

Mr Cartlidge said that

It's not massively changing the Q3 position, but in the end it is a, you know, as I say, from a bottom line perspective, it is fairly favourable, I would say, in the round

He said that the situation was complex and that there would always be variances but that, overall, it was positive.

Draft Unaudited 2023-24 Annual Governance Statement

The Committee discussed the Draft Unaudited 2023-24 Annual Governance Statement.

Constitution Review

Councillor Convery explained that there had been discussions amongst members prior to the meeting about the Council's constitution. He said that the current constitution dated back to 2002 and that, in light of changes to the scrutiny committees, it was important to be clear about

who takes what decisions we're in when

He said that the review should include the scheme of delegation and the large number of boards in the Council. He said that a number of issues had been raised at previous Audit Committee meetings about whether the constitution was fit for purpose and that these should be reflected in the comments made to the Leader of the Council and Chief Executive when they were asked to sign off the document.

Leases and Concession Agreements

Councillor Finch asked for clarification about the governance arrangements for leases and concession agreements, saying that he was worried that a lack of connection between the debt management team and teams working with partners might be a wider issue.

I'm sure there are good reasons why that's not gone into in great detail, but the response to that around review of debt reporting arrangements and debt management strategy just makes me worry that perhaps that's a wider issue than just the matter of about one entity that's referred to there

Paul Evans, the Deputy Director of Finance, said that the Council wanted to improve its relationships with strategic partners in order to manage debt better.

what we really wanted to do was leverage those good relationships to improve on the debt management side of things

External Audit Opinion on the 2021-22 Accounts

Councillor Begg said that he was concerned that the committee had not had an update on outstanding certificates relating to the 2021-22 accounts.

it's an issue where I'm not convinced this committee knows what the latest scenario is around these outstanding certificates, which go back to 2021.

Six-Month Review

Councillor Begg asked whether the committee could receive a progress report on governance issues midway through the year and whether this could be reflected in the Governance Statement. Mr Evans said that the Council planned to provide a six-month update the following year.

Risk Deep Dives

Councillor Burgess asked whether the list of deep dives undertaken by the committee in the previous year could be updated to include the deep dive into the new build programme and social care market instability.

Equal Pay

Councillor Burgess asked about the scale of equal pay legal claims, saying that in her experience they had the potential to be financially significant for councils.

And I guess it goes to the point that's been made about six months of monitoring, but I just didn't know if you could say anything verbally. There is obviously some detail here, but I just, the scale of that for some councils is significant. And I mean, threat is quite the right, but it's really could destabilize finances. And obviously there's some assurance given here, but could you just say a few more words on that particular issue?

Mr Cartlidge said that there was no evidence of an equal pay issue at the Council.

We've never agreed to any kind of equal pay. You know, as a council, we've never agreed from HR perspective to things which should bring an equal pay claim.

Alison Low, Assistant Director - HR Business Partnering & OD, said that the Council was undertaking a comprehensive review of its pay and grading systems.

Approval of the Draft Unaudited 2023-24 Annual Governance Statement

The Committee voted to approve the draft unaudited 2023-24 Annual Governance Statement.

External Audit Plan 2023-24

The Committee received an update from the Council's new external auditors, KPMG. Rashpal Singh, the auditor, introduced his colleagues, Badar Shah and Anna [last name not given], who would be working on the audit.

Audit Fees

Councillor Convery welcomed the KPMG team to the meeting and said that the committee were looking forward to a productive relationship with them. He said that the timeliness of the audit was important, particularly in light of delays to the previous year's audit. He asked Ms Singh whether, in light of the significant increase in audit fees, she could provide a hint about where KPMG would be adding value.

Ms Singh said that KPMG would deliver a quality audit to the appropriate standard, meeting all its requirements and timescales. She said that KPMG had already started to analyse the Council's fixed asset register and would be comparing and contrasting the Council's practices with those at other councils in order to identify good practice. She said that KPMG would use its data analytics tool and would provide regular updates to the committee.

Audit Risks

Councillor Convery asked about the four risks identified by KPMG in their audit plan - valuation of land and buildings, valuation of post retirement benefits, management override of controls and classification of expenditure. He said that the risks seemed generic and could apply to any Council.

Ms Singh responded that KPMG had analyzed the Council's fixed asset register and had looked at its PFI schemes1 in order to understand its land and buildings portfolio. She said that KPMG had ruled out a number of risks, such as those related to investment properties2, but that land and buildings were still a significant risk because

even very small swings in the discount factors of a quarter of 1% can have a multi million pound impact

She said that KPMG had also looked at the Council's two Local Government Pension Schemes (LGPS) and that one scheme was not considered to be a significant risk because it was old and had relatively small values.

Councillor Convery asked Ms Singh about the risk of management override of controls.

I've got to be honest with you, there's a phrase in here which we call some people to take a shot and take a breath. Actually, his management is in a unique position to appropriate for fraud. I hope that is a slightly generic phrase that you've sort of picked up. What is it that you specifically identified in Islington that there is this unique position to protect fraud?

Ms Singh responded that KPMG had not identified any specific additional risk at Islington but that the risk of management override was inherent in all audits and that KPMG was very clear about it. She said that KPMG's audit would include looking for unusual transactions and high-risk journal entries.

Of course, management could put in a journal which changes the financial position. But it's about the controls that you've got in place to stop that and us designing appropriate procedures to be able to detect that.

Councillor Convery asked Ms Singh whether KPMG had looked at the Council's capital programme in detail in order to identify any instances of revenue expenditure being inappropriately classified as capital expenditure.

Ms Singh said that KPMG's testing would include

understanding how capital expenditure is then allocated and then included in the asset register

She said that KPMG would be looking at both qualitative and quantitative factors in its audit, using their experience to identify any capital schemes which seem more like a repair scheme.

Timetable

Councillor Wayne asked Ms Singh when the committee could expect to see the audited accounts. Ms Singh said that KPMG were waiting for final deadlines to be approved and that they were hoping to start work in the summer and sign off the accounts in the autumn.

Quality of Reporting

Councillor Wayne asked Ms Singh about the quality of KPMG's reporting and, in particular, whether the audit report would address the question of whether the Council's finances were sound.

And I'm sure that Councillor Convery will get inquiries from members, and he will want to be able to give the unqualified assurance. Yes, we have had a comprehensive report from our external auditors. They have provided this committee with all the assurance that they need that there is nothing to worry about. And when I hear words like true and fair, sure, they are technical terms, but to a lay person picking up a report from yourself, they may not understand what that actually means.

Ms Singh said that KPMG's ISA 260 report would include a clear statement on whether the accounts gave a true and fair view of the Council's financial position and that its value for money conclusions would be included in its Annual Audit report. She said that both reports would be written in plain English and that KPMG would share its draft risk assessment with the committee in advance of the final report.

Councillor Convery added that

we have a fine traditional in Islington of individual citizens at the opening of the accounts, burying deep and finding all kinds of stuff and asking really difficult questions

He said that Islington residents often asked really pointed questions and that KPMG should be aware of this.

Pension Fund Audit

Ms Singh then presented the Pension Fund audit plan to the committee. Councillor Burgess, in his capacity as Chair of the Pension Committee, asked whether KPMG had identified any specific risks in relation to the Pension Fund.

Are you saying these are potential risks or actual risks that you've already seen from sort of initial troll.

Ms Singh said that the risks were potential rather than actual, but that they were significant because of the materiality of the Pension Fund. She explained that small changes in the discount rate could have multi-million-pound impacts on the valuation of the fund.

Councillor Burgess said that the Pension Committee had asked officers about fluctuations in the reported valuations of the Pension Fund and that they would welcome KPMG's oversight.

It's 1.7 billion of funds under management and some very substantial liabilities alongside them. So that's really helpful to hear indeed.

Approval of the Audit Plans

The committee voted to note the audit fees and the contents of both audit plans.

Regulation of Investigatory Powers Act (RIPA) Annual Report

The Committee considered the Regulation of Investigatory Powers Act (RIPA) Annual Report.

Directed Surveillance

Ms Low explained that the Council had not undertaken any directed surveillance during the year.

Councillor Wayne asked whether the lack of directed surveillance was a good or bad thing. Ms Low replied that the Council would continue to monitor whether it needed to use its RIPA powers and that it was planning to introduce a standalone social media policy to cover its use of social media in investigations.

And I think what they were saying is that actually we need to have an independent policy to do that. And we're planning to put one together and bring it forward into this committee in July

Councillor Convery asked for reassurance that the use of social media in investigations would be proportionate and that officers and members would not have their social media accounts checked without good reason.

Approval of the Report

The committee voted to note the RIPA report.

Cyber Security Annual Report

The Committee discussed the Cyber Security Annual Report in private.

Public Statement

Councillor Wayne asked whether the Council could issue a public statement reassuring residents about the security of their data.

Approval of the Report

The committee voted to note the report.


  1. Private Finance Initiative - a way of funding big public sector projects with private capital  

  2. Property owned by the council that it rents out in order to generate an income