Governance, Audit, Risk Management and Standards Committee (GARMS) - Monday 7th October, 2024 7.00 pm

October 7, 2024 View on council website  Watch video of meeting  Watch video of meeting or read trancript  Watch video of meeting or read trancript  Watch video of meeting or read trancript  Watch video of meeting or read trancript  Watch video of meeting or read trancript  Watch video of meeting
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Summary

The committee noted the Quarterly Risks Report (Q1 2024/25) and the Treasury Management Performance Update - Q1 2024/25. The committee also noted the 2023/24 - Corporate Complaints and Local Government and Social Care Ombudsman (LGSCO) Annual Report and the report on Complaints About Councillors April 2023 - March 2024. They noted the Internal Audit Exception Recommendations Report and Q1 Progress Report 9th May 2024 to 30th June 2024 and discussed the progress of the 2020/21, 2021/22 and 2022/23 external audits. They noted the 2023/24 external audit progress report and discussed their forward work programme.

Quarterly Risks Report

The committee noted a report on the council's strategic and high level service risks, including the controls and mitigations in place to manage these risks.

The committee heard that resource pressures were affecting service delivery and income collection for parking. Councillor Kevin Radford, noting a rise in the intimidation of parking wardens in his ward, asked for a report on whether this was affecting ticket issuance and income recovery across the borough.

Councillor Radford also raised concerns about the affordability of the Brent Cross programme, noting that while the committee had previously discussed what might happen if interest rates rose, they had not considered the potential impact of the interest rate cuts predicted by the Bank of England. He asked for this analysis to be included in future reporting.

Councillor Radford also asked about the council's efforts to mitigate the rising cost of adult social care.

Everyone has cost pressures. Feels like if we're doing our own homework, when we could be cribbing other peoples, this is a wasted opportunity. Is there sort of best practice we can learn from in terms of spending some time in Dagenham, in Enfield, in wherever, to try and work out how they're redesigning their adult social care program

The committee was told that the council regularly shared best practice with other London boroughs, and that rising adult social care costs were being experienced across the sector. They were told that Barnet was not the only London borough to have experienced a substantial increase in costs in this area, and that this was really difficult to control because the council has a legal responsibility to provide these services.

Councillor Rohit Grover noted that the risk rating in relation to business continuity had reduced, and asked for an update on how the council tested its business continuity plans. The committee heard that a number of smaller scale IT and cyber security exercises had taken place in the borough, but that there had been no organisation-wide tabletop exercises in the past six months. Councillor Grover suggested that this represented a gap in the council's preparedness.

It's actually going to have all of these plans sitting somewhere, but it's actually when you go through the exercise that you learn something. Or even when you actually have a real life scenario, that's actually when you learn more than anything else, but testing is quite important.

The committee were told that the council had run a desktop exercise with senior officers earlier in the year, which had identified the need for more intensive training for officers. This training was said to be in progress.

Councillor Ella Rose raised concerns about the build quality of the new council offices in Colindale. The committee were told that latent defects had been identified in the fire safety measures at the building, but that these related to the installation of fire safety systems that did not meet the required specifications, rather than any issues with the building itself. They were told that the building had been deemed safe for use by an independent fire safety consultant and that intrusive surveys were being conducted to establish the full extent of the defects.

Our intention is to claim all costs back from the developer. They will likely contest some of that. We think it will be a long disputed commercial negotiation and meetings are ongoing at the moment.

Councillor Simon Radford said that he was concerned that other buildings in the area might have similar defects, and asked whether the council had investigated this.

Treasury Management Update

The committee heard a report on the council's treasury management activity, covering the period from 1 April 2024 to 30 June 2024. The committee heard that £10m of new borrowing had been undertaken, and that this was likely to rise significantly over the course of the year to cover refinancing, capital projects, and the use of reserves.

Councillor Radford noted that the council had borrowed £75m, which seemed like a lot of money, and asked about the process through which this borrowing was approved. The committee were told that the cabinet were responsible for setting the council's budget, including capital financing costs, and that the treasury management team had no responsibility for this.

Management of the council's budget goes through the cabinet, the cabinet manage things like capital financing costs and debt management and those sorts of things. So David's report is about treasury management.

Councillor Radford said that it seemed like the council was using a different process to manage its capital programme than those used in the private sector, where a weighted cost of capital was used to assess the viability of individual projects. He asked if the council was considering adopting a similar approach. The committee heard that the council's approach was very different to that of the private sector, and that the funding sources for capital projects should be identified as part of the overall budget setting process. He asked for a report on the steps the council was taking to manage its capital programme and borrowing.

Councillor Radford also raised concerns about the impact of rising interest rates on the council's finances. He noted that the council had spent money backed by cash when interest rates were at zero, and was now having to refinance that debt at higher rates. He asked what the difference in interest rates meant in terms of the money actually leaving the council's bank account. The committee heard that in 2023/24 the council had borrowed money for one year at around 5.5% because it had a cashflow problem, and that it would be refinancing that debt at a significantly lower rate in 2024/25. They were also told that there was around £15m of general purpose borrowing which had been taken out at an average rate of 3%, and that this would be refinanced at a slightly higher rate in 2024/25.

Councillor Rose asked if the council had considered selling any of its assets to generate cash, and noted that youth centres and services promoting preventative healthcare were easy to get rid of. She also asked how the council assessed the effectiveness of its treasury management strategy. The committee were told that the council's treasury management strategy was constantly under review, and that the council was not currently considering selling any of its assets. They were also told that the effectiveness of the strategy was assessed internally.

Councillor Edith David asked about the money owed to the council by the NHS, and noted that the council's largest debtor was Fremantle NHS Trust.

I think it says usually the biggest debtor the council has is a Fremantle NHS trust. Not entirely sure why, but it just always has been a big one. You know, I'm not necessarily asking for names of organisations. I was actually just trying to understand if it was council taxpayers.

He asked whether the debt included money owed by council tax payers, and whether the council charged interest on the debt it was owed by the NHS. The committee heard that the NHS debt did not include council tax, and that the council did not currently charge interest on the money it was owed by the NHS.

Corporate Complaints and LGSCO Annual Report

The committee noted a report on the council’s corporate complaints performance and investigations by the Local Government and Social Care Ombudsman (LGSCO) between 1 April 2023 and 31 March 2024. The committee heard that the number of corporate complaints received by the council had fallen from 3,041 in 2022/23 to 2,619 in 2023/24.

The committee were told that the biggest areas for complaints were the Barnet Group, the Customer Support Group, and the Street Scene service, and that this was a common theme amongst London boroughs.

Yes. So with Street Scene, we do find that they're quite cut and dried cases. We did they collect the bin or not. So it can be one or the other way.

Councillor Radford asked why there were very few partially upheld complaints about Street Scene, and was told that this was because many of the complaints concerned cut and dried cases like missed bin collections. Councillor Radford said that he would like to see some case studies on partially upheld complaints.

The committee were told that 12 complaints had been upheld by the LGSCO, and that this represented a reduction of 46% on the previous year. The committee heard that the council had introduced a number of improvements to its complaints process, including a performance dashboard to help staff monitor complaint numbers across the organisation.

I always think it's difficult to judge a complaint sometimes, given the case of complaints coming down. I do think we always need to be vigilant about that, though, you know, the bilateral pressures that are on the council.

Councillor Mitra said that he thought it was difficult to judge the council's complaints performance simply by looking at the number of complaints received.

Complaints About Councillors

The committee noted a report on complaints received about councillors between April 2023 and March 2024.

The committee were told that six complaints had been received, and that one of these had been closed because the resident had not provided any details of the complaint. Of the five remaining complaints, the councillor was found not to have breached the code of conduct in two cases. The councillor had apologised to the complainant in the three remaining cases.

Councillor Prager asked about how the council informed group whips about complaints received about their members. The committee were told that the monitoring officer would inform the group leader of any complaints, but would not inform group whips.

Internal Audit Exception Recommendations Report and Q1 Progress Report

The committee noted the Internal Audit Exception Recommendations Report and Q1 Progress Report 9th May 2024 to 30th June 2024, covering internal audit activity between 9 May and 30 June 2024. The committee heard that six reviews had been completed, and that the service had delivered 36% of its annual internal audit programme during the reporting period. The committee also heard that no limited assurance reports had been issued in this quarter.

The committee were told that follow up work had been undertaken on a number of high and medium priority recommendations from previous audits. The committee heard that 26 actions were implemented, 27 were in progress, and three had not been implemented.

The committee were told that a substantive number of the outstanding actions related to the business continuity audit which the committee had received at their meeting on 23 July 2024.

It shows you in there that most of them are implemented or on track, and there's going to be a much more detailed review of where we are with those, which PwC is just undertaking at the moment, which will be reported at the next meeting.

The committee heard that a detailed review of the recommendations from the business continuity audit was being undertaken by PwC, and that this would be reported at their next meeting.

The committee were told that the council had appointed Adam Karmson as its new head of internal audit. They heard that Mr Karmson was currently an audit manager at PwC, and that he would be starting his new role on 4 November.

External Audit 2020/21, 2021/22 and 2022/23

The committee heard a report on the progress of the 2020/21, 2021/22 and 2022/23 external audits.

Councillor Mitra noted that the 2020/21 external audit was not where we want it to be, and said that the committee had been told for a number of years that the audit was making progress. He said that the committee had been provided with a list of BDO's outstanding queries, and expressed surprise that BDO were asking for information such as Brookhill Nursery School's bank sort code four years after they had begun the audit.

I have a list here that's been provided to me very helpfully by officers of a list of your outstanding queries, some of which really are quite mind boggling. You said that, you know, you've been making progress since July. Your query to us in July was Brookhill Nursery School's bank sort code. Which I gather we provided to you on the day has now been completed, so I'm hoping that that one's been done. But there's a series of other things here, which I just find astounding that you now need four years after you started doing this.

Councillor Mitra pressed BDO for a date by which they expected to complete the audit, and was told that 13 December was the government's backstop date for the completion of all audits up to and including 2022/23.

Councillor Radford said that he was concerned by the slow pace of progress on the 2020/21 audit, and that the committee had been given stuff which is available on the Website years after the audit had begun. He questioned whether BDO would be able to do a good job in the limited time that was now available.

You know, it's. I don't want to rehash what considering very eloquently said that if you're only getting sort codes, which we're getting stuff which are available on the Web site well down this line, doesn't give me a lot of faith.

Councillor David said that he shared the concerns expressed by Councillors Mitra and Radford. He suggested that the delays meant that the committee had missed the opportunity to identify and discuss issues such as the council's debt position.

This is what the audit is. I think the committee, you know, we've been shortchanged because the depth position and other matters that has arisen this evening would have been picked up.

Councillor Rose asked whether BDO might have been able to identify outstanding queries earlier if they had included more detail in their reports. The committee voted to amend the recommendation in the report from the committee note the content of BDO's report on the progress towards a sign off to the committee note the lack of progress towards a sign off of the council's 2020/21 statement of accounts and up to, limited and unsatisfactory.

2023/24 External Audit Progress Report

The committee heard a report from Grant Thornton on the progress of the 2023/24 external audit. They were told that the audit had commenced at the beginning of July, and that a detailed report of Grant Thornton's findings would be presented to the committee at their next meeting in November. The committee were also told that the government’s backstop date for the completion of the 2023/24 audit was 28 February 2025.

Forward Work Programme

The committee discussed their forward work programme.

Councillor Rose asked whether the committee could bring forward a report on the council's treasury management systems to their next meeting, and the committee agreed to do so.

Councillor Radford asked for a report on the steps the council was taking to balance its budget, and asked for an explanation of how this would interact with the council's treasury management strategy. The committee agreed to request a report on this from the Adults Financial Sustainability Board.