Audit and Governance Committee - Wednesday, 11 September 2024 10.00 am

September 11, 2024 View on council website Watch video of meeting
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Summary

At this meeting the committee approved the council's Risk Management Strategy and noted a report on the council's performance on risk management. They also noted a report on Internal Audit’s work in the first quarter of the year and a report on the Local Government and Social Care Ombudsman's annual review letter. The committee commended their own annual report to the October meeting of the full council and agreed an amended process for dealing with allegations of breaches of the member code of conduct. The committee also agreed the process for the recruitment of new independent persons.

Risk Management

The Head of Strategic Risk, David Mody, presented a report on risk management in the council. The committee discussed an exercise that had recently been undertaken comparing the 22 risks listed on the Surrey County Council Corporate Risk Register to those of other councils, to see if there were any risks that were not being considered in Surrey. It was found that the council had slightly more corporate risks than the optimum 15-20, but that this was not considered excessive, given the size and breadth of the council's activities. It was noted that every risk listed in the top 5 of other council’s risk registers was already included on the Surrey risk register. All of the councils that were included in the comparison listed pressure on financial budgets as their most frequent risk. Councillor David Lewis, the Cabinet Member for Finance and Resources, said that he had been contacted by 10-12 other councils asking for advice about how Surrey is managing its risks.

Internal Audit Progress Report - Quarter 1

The committee then received a report on the work completed by Internal Audit in the first quarter of the year. 24 audits were completed in the quarter, but the committee expressed concern about the fact that a number of the audits had been given a 'partial assurance' rating, meaning that there are some weaknesses in the systems and processes being reviewed, and two follow up audits had not resulted in an improvement in the original rating.

I have to say that with so many partial assurances come forward, I think that’s a matter of concern and a matter of concern that we need to address.

Councillor Jim Armitage proposed that the committee write to the Corporate Leadership Team (CLT) expressing concern about the number of partial assurances. He also proposed that the committee invite a member of CLT to attend the March meeting of the committee to explain what progress had been made. This was agreed.

The committee also discussed the audit of the council's accounts payable system, which was given a partial assurance rating. The system was said to be overly reliant on manual workarounds and a significant number of payments had been made late, which could result in interest charges, penalties and reputational damage. Councillor Helyn Clack said that she had received complaints from residents about the slow payment of invoices. The committee were told that a board had been established to address the issues that had arisen from the implementation of the council’s new “MySurrey” IT system, and that this board would be meeting for the first time the following day. Councillor Lewis confirmed that he would be receiving regular updates on progress from the board.

I will have complete oversight of all the papers that go to that board so that I am kept complete.

The LGSCO's Annual Review Letter for Surrey County Council 2023/24

The committee then discussed a report on the Local Government and Social Care Ombudsman’s annual review letter, which gives a summary of the complaints that have been made about the council to the Ombudsman and the council’s performance in responding to those complaints.

So in 2324, the local government and social care Ombudsman recorded an increased volume of complaints about Surrey County Council compared to previous years.

The committee were told that 324 complaints were made to the ombudsman in 2023-24, and that 158 (49%) of these had been investigated. Of those that were investigated, 141 (89%) were upheld. This was said to be significantly higher than the average for similar councils, and the committee were told that this was due to a disproportionately high number of complaints about Education services in Surrey. The majority of these were about services for children and young people with Special Educational Needs and Disabilities, or SEND, who require an Education Health and Care Plan, or EHCP, to access the support they need to access education. The Assistant Director for Registrations, Coroner’s Service & Customer Strategy, Sarah Bogunovic, explained that the ombudsman had upheld 116 complaints relating to education services in 2023/24. 74 of these related to delays in completing the EHCP process.

The biggest category of complaints has been around the education and healthcare needs assessment.

Councillor Clack said that as a councillor she is often contacted by residents who are unhappy with the council’s SEND services.

So how come-- you know, as members, you know, residents write to us and say I'm having real problems getting my child looked after.

The Interim Assistant Director for Inclusion and Additional Needs in the North East of the county, Steve Tanner, who had been brought along to the meeting to answer questions about this issue, said that the council had been experiencing particular problems with recruiting and retaining Educational Psychologists, who are responsible for completing the statutory assessments required to identify whether a child or young person requires an EHCP. He said that this had resulted in long delays in completing assessments, which had led to a large number of complaints being escalated to the Ombudsman.

One of the key elements in this arena and one of the contributions to our poor performance around timing of both assessments and reviews has been around staffing challenges

He also explained that there has also been a significant increase in the number of requests for EHCPs in recent years, which has put a strain on the council's resources.

So one of the key things around the end-to-end review has been around looking at the right size of the service and making sure that we've got sufficient capacity in the right workplace.

The committee were told that the council had invested £15m in an EHCP Recovery Plan in 2023, which is now delivering improvements, but that it is likely to take a year or two before the impact of this work is fully reflected in the ombudsman’s data. The committee asked for an update on the recovery plan to be provided to the November meeting of the committee, and for future reports to include data on when complaints were originally received by the council.

The committee were also told that a total of £540,811.59 had been paid out in financial redress for complaints in 2023-24, which was significantly higher than previous years. The ombudsman had directed a total of £345,759.70 in financial redress payments, with the rest being made through the council's own local resolution processes. The committee were told that the amount of financial redress for individual complaints varies, with the ombudsman following their own financial remedy guidance.

So it pays for what was missed and the Council would have had to pay for that anyway.

Amended Arrangements for Dealing with Allegations of Breaches of the Member Code of Conduct and Appointment of Independent Persons

The Interim Director of Law and Governance, Asmat Hussain, explained that the arrangements for dealing with allegations of breaches of the Member Code of Conduct had been reviewed and that a form had been introduced to help complainants identify whether a breach of the Code has occurred. The committee agreed the proposed changes to the arrangements, which included a requirement for complaints to be made within 30 days of an alleged incident. The committee also agreed an updated role profile for Independent Persons, who provide advice to the council on complaints about councillors. The committee were told that the council's existing Independent Persons had notified that they would be standing down at the end of their terms in December 2024. A cross-party panel had been convened to interview candidates and the committee would make recommendations to full council on the appointment of new Independent Persons after the interview process had been completed.