Audit and Risk Committee - Monday, 16th September, 2024 7.00 pm

September 16, 2024 View on council website Watch video of meeting
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Summary

The meeting received updates on the progress of the Council’s external audit, and considered deep dive reports on projected income from parking charges and commercial rents. The Committee also received the Internal Audit Annual Report, the Annual Fraud Report, and a biannual update on whistleblowing.

External Audit 2023/24

The Committee received a progress update on the Council’s external audit for the 2023/24 financial year. This is being conducted by KPMG, following the departure of the Council’s previous auditor Grant Thornton. Councillor Convery welcomed the update, and noted that the Committee was “getting a service here, which is an improvement, significant improvement”. The Committee heard that KPMG expected to deliver its audit opinion in November 2024. There were no significant issues raised during the update.

Parking Income

The Committee considered a report on projected income from the Council’s Parking Service for the current financial year. The Committee heard that the Parking Service was facing a projected pressure of £1.551 million against its budget, owing to lower than anticipated income from Penalty Charge Notices (PCNs) and paid-for parking. This reduction was attributed to a combination of factors, including the success of the Council’s policies designed to discourage car use and ownership. The Committee also heard that the implementation of new Controlled Parking Zones had been delayed, following revised legal advice, which would further reduce income in the current year.

Councillor Russell raised a concern about the sustainability of income generated from PCNs issued in Low Traffic Neighbourhoods (LTNs):

“If you are kind of efficient with the cameras and issue lots of PCNs, then presumably people are going to work out that they shouldn't go through those cameras and so the number of PCNs will inevitably go right down.”

In response, officers noted that the Council’s projections assumed that “a higher level of non-compliance when a new scheme is introduced and then that level of non-compliance tapers down over time”.

Councillor Wayne raised a question about price elasticity in relation to parking permits. He noted that the Council’s projections assumed an increase in permit income for the next three years, despite policies in place to deter car use, and asked whether “there comes a point where if we keep putting up permit prices our income will actually fall because that will deter people from replacing cars, keeping up cars.” Officers agreed that this was a risk, noting that:

“We do benchmark as being very high in our level of permit charging compared to other parts of London … Our unit pricing is now amongst the highest if not possibly the highest. It's the highest for this part of London so I think what you're posing is correct that we are probably at the edges of elasticity in that regard.”

Councillor Convery concluded the discussion, noting that the Committee now had:

“a very clear understanding not just this evening but in over preceding months of what has happened with parking income which is probably a combination of some rather unrealistic budget forecasts plus behaviour change leading to less income and what now appear to be a number of escalating costs some of which are transaction costs but some of which are also relating to enforcement as things get tougher.”

Commercial Property Portfolio

The Committee considered a report on the Council’s commercial property portfolio. The Committee heard that the portfolio was facing an estimated pressure of £1.1 million for the current year. This is partly a result of a long-standing issue with the budget being set higher than realistically achievable rents, but had been exacerbated by the Council’s largest commercial tenant surrendering its lease at 41-69 Old Street. This had resulted in a loss of £0.94 million in rental income, although this had been partially offset by a temporary arrangement with Covalt Management Services, who are managing the property on behalf of the Council.

The Committee discussed whether there was a strategic objective to the Council retaining its commercial property portfolio. In response, Stephen Biggs noted that historically this had been a purely commercial decision:

“primarily to generate income to do the good stuff so it's been a pure commercial strategy that the focus has been on the yields to you know generate whatever number is four or five million pounds to invest in services elsewhere”

He noted however, that the Council was now reviewing this strategy:

“Clearly now it's becoming less of a simple money making machine and a pressure hence the issue so that is the strategy. In terms of the sort of the net and gross the way almost all of these lease arrangements are for repairing and shoring leases so effectively the tenant takes full responsibility for their building so this is net income. We don't run it as a P&L so for example Steve has a modest amount of resources that manage the estate pretty modest so we don't net that off but effectively the way we treat this in the councils sort of budget model is that all of the income you see here is net income and there are as I say a few modest costs if you like the net off that but essentially it's net income and there are significant running costs sort of netted off in these numbers. Clearly individual tenants will have their own costs but the numbers you see here are net yield.” Councillor Convery asked officers to consider what rate of return the Council was achieving on its commercial property investments. Tim Parkington estimated that this was around “4 to 5%”. Councillor Convery questioned whether this was a good use of the Council’s assets, suggesting that if “you were a commercial operator you'd have a very simple decision to take”. Councillor Hyde raised a similar point:

“I just wondered whether, I mean I don't know if it's to come back to this committee or elsewhere but like a degree of scenario planning just so that across the piece people could have an easy look at the A, B or C signup rather than getting into, because I can see how different what we've got here is but just so that maybe elected members at the very least can have a better handle on what some of the solutions might begin to look like so that we're not just in three years time in a panic about whatever.”

The Committee heard that officers were considering a range of options for maximising income from the portfolio. This would include seeking to increase rents, marketing vacant properties, and potentially disposing of some assets.

Councillor Convery concluded the discussion, noting that the Committee now had a clear understanding of the issues facing the Council’s commercial property portfolio, and the need for a new strategy. He suggested that there might be a role for selective disposals, as well as seeking to identify “interesting development opportunities”.

Internal Audit

The Committee considered the Annual Internal Audit Report for 2023/24. The report contained a “moderate assurance” opinion from the Head of Internal Audit. This indicated that:

“The adequacy and effectiveness of the overall arrangements for the Council’s systems of internal control, risk management and governance are adequate, with some improvement required.”

Councillor Finch raised a concern about the number of audits that had received “limited assurance” opinions, noting that “there seemed to be a lot more at the moment”. He asked whether this was a trend that the Committee should be concerned about. In response, officers noted that the number of limited assurance audits had been driven by “an objective review of what the overall level of risk is”, and that there was no evidence to suggest a widespread decline in the effectiveness of the Council’s internal control environment.

Councillor Begg raised a concern about the rate of implementation of recommendations arising from internal audits. She highlighted two audits in particular, relating to health and safety and housing allocations, where management had been slow to implement the recommendations made. She asked “what we're doing really to encourage managers to respond to what have been poor audit outcomes for them and whether it's time for the committee to escalate that.” Officers assured the Committee that the implementation of audit recommendations was being monitored and that there were procedures in place to escalate issues where necessary. Councillor Convery, however, shared Councillor Begg’s concern:

“I think it still puts its finger on what are the factors which are leading to non-compliance for want of a better word … I'm just wondering what one does to sort of deepen, because deepening the engagement on internal audit has to be done in parallel with good engagement with the council across several other domains.”

He suggested that this was partly a cultural issue, and that compliance with audits was stronger in parts of the organization that had a good working relationship with the corporate centre.

Councillor Finch asked officers what was being done to address recurring issues with financial management in schools. Officers assured him that they were working closely with the Schools Finance team to provide training and support.

The Committee noted the report.

Fraud

The Committee received an update on fraud investigations for 2023/24. The Committee heard that there had been an increase in the number of referrals received, from 42 in 2022/23 to 98 in 2023/24. Officers attributed this partly to increased awareness of the Council’s anti-fraud policies and procedures. The Committee also heard that the Housing Investigations Team had recovered 47 properties that had been subject to tenancy fraud in 2023/24.

The Committee noted the report.

Whistleblowing

The Committee received a biannual update on whistleblowing referrals. The Committee heard that 18 referrals had been received in the six months since the last update, of which eight had been closed following investigation. Of these eight, five had been closed with no further action, as the allegations were not substantiated. The remaining three had been closed following investigation, as the allegations were either partially or fully substantiated. Ten referrals remained open at the time of the update.

The Committee noted the report.