Audit and Governance Committee - Wednesday, 5 June 2024 10.00 am

June 5, 2024 View on council website Watch video of meeting
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Summary

The committee noted the Annual Complaints Performance Report, the 2023/24 Treasury Management Outturn Report, Internal Audit's Annual Report and Opinion, and the Counter Fraud Annual Report. They deferred a decision on the External Audit Plan for 2023/24 pending further information about the fees.

Annual Complaints Performance Report

The committee heard that complaints had risen by 5% overall. There was a 68% fall in complaints about Home to School Transport, attributed to a new approach and structure that includes reimbursing parents for transport costs they incur themselves. Complaints about Adult Social Care rose by 26%. The increase reflects changes in how care is funded, with residents now expected to contribute more towards their care costs. This, coupled with the ongoing cost of living crisis, is making it difficult for residents to manage the increased costs. There was also a 6% decrease in complaints about services in the Children, Families and Lifelong Learning (CFLL) directorate. 65% of Education complaints related to delays in Education, Health and Care Plans (EHCPs).

“These delays, particularly in assessments, have been well documented as a national issue, caused in large part by the shortage of trained Educational Psychologists available to meet the increasing demand.”

Councillor Claire Curran, Cabinet Member for Children, Families and Lifelong Learning, explained that a £15 million investment was made in July 2023 to address this challenge. These measures include doubling SEND staffing. As a result, it is expected that the number of complaints regarding delays will reduce going forward. The overall number of complaints directed to the SEN service between October 2023 and April 2024 had already reduced from a peak of 109 active complaints in October, to 67 in April.

The committee also heard that the total amount paid in financial remedies was £540,611.59. This increase is due in part to a recent change in guidance from the Ombudsman, which encourages local authorities to provide financial remedies at an earlier stage and to pay remedies monthly for delays to EHC needs assessments and plans.

Several committee members raised concerns about communication from Council officers. One committee member described the lack of clarity around response times as “a huge issue.”

“I wouldn't have ever gone as far as that I can't comment to be fair because I wasn't part of the organisation at that point. I would what I would say is that there was definitely an issue around a consistent understanding of expectation in response to communications which has now been resolved.”

Officers agreed that communication had been an issue, explaining that there had been a lack of consistent understanding around the expected timescales for officer responses. They explained that this has been addressed through the introduction of a Communications Protocol, increased training, and the appointment of four dedicated complaint specialists in SEND services.

The committee also discussed the way complaints are managed within the Children, Families and Lifelong Learning (CFLL) directorate. Officers explained that a dedicated complaints lead had been appointed in each geographic area and that, as a result, 94% of complaints about Home to School Transport were responded to on time during the year.

There was a discussion about the way in which financial redress payments are made. Officers explained that payments are made to recognise the impact of missing provision and to reimburse families for costs they incurred themselves. Officers also confirmed that financial redress does not include any legal costs incurred by the Council.

2023/24 Treasury Management Outturn Report

The committee noted that Surrey County Council had complied with all the prudential indicators throughout the 2023/24 financial year.

“A quick reminder, treasury management is essentially the management of the council’s cash. So including our borrowing and our investment decisions.”

Nikki O’Connor, Strategic Finance Business Partner (Corporate), explained that the Council’s underlying need to borrow, its Capital Financing Requirement, had increased over the course of the year. However, the council did not undertake any long-term borrowing and instead managed this increase by utilising increases in short-term borrowing and internal borrowing.

“The council didn’t undertake any long-term borrowing during the course of that 12 months and instead managed it by utilizing increases in our short-term borrowing, and indeed our internal borrowing which is the utilization of the cash balances that the council holds but just by the nature of its day-to-day activities.”

She explained that this decision was made to avoid locking in the high interest rates seen during the year.

The committee heard that the Council’s short-term borrowing is often at its highest point in March of any financial year and that this year the short-term borrowing market between local authorities saw rates increase significantly. Short-term borrowing has since reduced.

The Committee heard that all of the Council’s investments of short-term cash balances during the year were invested in Money Market Funds and that this decision was made to ensure that the Council spread risk and ensured liquidity.

Committee members asked about the operational boundary for external debt, which acts as an early warning system for the Council to ensure that borrowing remains within the authorised limit. The committee heard that, whilst the operational boundary could be breached multiple times, the Council never breached the authorized limit.

“The operational boundary sits below the authorised limit and if we were to breach the operational boundary we are – we are allowed to and in the answer to your question – we’re allowed to breach it on multiple occasions, but we are never allowed to breach the authorised limit.”

The committee also heard about the impact of the higher interest rates on the revenue budget. The increased cost of borrowing was offset by the increased interest receivable on investments.

“The only other specific thing I was going to point out is in the final paragraphs of the report to talk about the fact that um our minimum revenue provision requirements – so the minimum revenue provision in simple terms is a requirement to charge capital funded by borrowing to revenue over the life of the assets that are being funded.”

The committee also heard that the Council’s minimum revenue provision policy is fully compliant with the revised regulations published in April 2024 by the Department for Levelling Up, Housing and Communities (DLUHC).

External Audit Plan 2023/24

The committee heard from Janet Dawson, a Partner at Ernst & Young, the Council’s newly appointed external auditors, about EY’s proposed audit plan for 2023/24.

“What what you have in front of you um today is our initial audit plan for this this latest financial year.”

The committee heard that the calling of a general election had caused delays in the consultation processes, including for proposed temporary changes to the accounting code for local authorities, but that EY was undertaking its full reporting scope against the existing CIPFA Code. The committee also heard that the key areas of risk identified for the audit could change as EY gets to know the Council better.

EY drew the committee’s attention to the fact that the audit fees for the sector had increased significantly as a result of a re-tendering exercise.

“Um 423 24 but I did just want to make sure you had had sight of that point two more points so page 127 sets out the fees you’ll see that those are set at 384 000 which is a significant change from the previous scale fees set under the previous psaa contract and and that is as I’m sure you’re aware as a result of the re-tendering exercise that psaa moved the fees significantly for all organizations within the market and then finally”

The Committee was asked to approve the proposed audit plan. However, several members raised concerns about the fact that the plan included a number of fees that were ‘to be confirmed’.

“And the question would be why are those figures still tbc and when would they be available?”

In response, the Committee agreed to defer the decision until the July meeting, when EY would be able to provide a fee range.

The committee also heard about EY’s plans for assessing Value for Money (VfM) arrangements.

“We we’ve highlighted that we will be looking at financial sustainability as a key area of focus however we haven’t identified it at this point as a risk of significant weakness but it is something that is prevalent across the whole sector and an important given the your own reports concerning uncertainty over future funding arrangements page”

The plan included details about how EY will assess the Council’s VfM arrangements for financial sustainability, governance, and improving economy, efficiency, and effectiveness.

The committee also heard about EY’s plans for assessing the Council’s data migration to its new Unit 4/MySurrey ERP.

“and it's something we’ll cover off of internal order later on but you’re proposing to do some audit work on that internal audit are also doing some work um they’re behind because of issues with the implementation of the system but my question here is um is this actually doubling up on what internal order are doing and what you’re proposing to do from external order point of view”

The committee heard from Nikki O’Connor, Strategic Finance Business Partner (Corporate), that the 2023/24 draft Statement of Accounts were delayed by a few weeks from the expected 31 May 2024 publication date.

Internal Audit Annual Report and Opinion 2023-24

The committee received the Internal Audit Annual Report and Opinion for 2023/24. The Chief Internal Auditor, Russell Banks, had concluded that the Council had an adequate and effective framework of governance, risk management, and internal control, providing Reasonable Assurance for the period 1 April 2023 to 31 March 2024.

“No assurance can ever be absolute; however, based on the internal audit work completed, the Chief Internal Auditor can provide Reasonable Assurance that Surrey County Council had in place an adequate and effective framework of governance, risk management and internal control for the period 1 April 2023 to 31 March 2024.”

The committee heard that, while Internal Audit had found that most of the Council’s systems were subject to robust controls, they had identified a number of areas where controls were not fully effective. Internal Audit had issued eight Partial Assurance opinions, as well as a further four that were in draft.

Internal Audit explained that the implementation of the new MySurrey system had significantly impacted their work and outlined the revised audit programme that they had agreed with the interim s151 officer, Anna D’Alessandro.

“We agreed with the Council’s interim S151 Officer a revised programme of audits to review Accounts Payable; Accounts Receivable; Payroll; and General Ledger (Integrations). Remaining key financial systems work has been rescheduled for the 2024/25 plan, starting with the audit of Revenue Budgetary Control, and also the audit of Financial Assessments and Income Collection in Adult Social Care.”

Internal Audit’s assurance activity on the new MySurrey system had focused on reviewing key controls within core processes and documenting the new system processes. Their findings identified a number of generic weaknesses, including:

• A lack of signed-off system process maps, flowcharts, or procedure notes; • Insufficient training for staff operating the new MySurrey systems; • Temporary or workaround processes in place (frequently undocumented) where the new systems did not operate as expected; • A significant number of concerns about system design and operation raised by staff; and • Longer than expected delays for issues to be resolved by the developer, Unit 4.

Internal Audit also explained that they had identified a common theme wherein officers across directorates were not familiar with the existence and purpose of key governance policies. In response, Internal Audit will seek to conduct a review of corporate and directorate induction arrangements within 2024/25.

“Our assurance work around Corporate Governance has identified a theme where officers across directorates are not as familiar with the existence and purpose of key governance policies as we would have expected. This may be a result of a number of factors, including potential inadequate induction arrangements. As such, we will seek to conduct a review of corporate and directorate induction arrangements within 2024/25.”

The committee discussed the fact that five of the eight Partial Assurance opinions issued in the year had been in the CFLL directorate. In response, the Audit Manager, David John, explained that he had discussed the trend with the Executive Director and that Internal Audit would continue to both follow-up these audits and liaise closely with the directorate to ensure sufficient assurance work was delivered.

“The scope of areas covered by these reports is broad, covering Education (contract management; unofficial school funds) as well as service delivery and core finance systems in Children’s services. We have discussed this trend with the Executive Director and will continue to both follow-up these audits in the new year plan and liaise closely to ensure sufficient assurance work continues to be delivered in these areas.”

The committee noted the Reasonable Assurance opinion given for Accounts Receivable, which is a part of the new MySurrey system.

Counter Fraud Annual Report 2023/24

The committee received the Counter Fraud Annual Report for 2023/24.

The Audit Manager for Counter Fraud, Simon White, explained that the Counter Fraud Partnership Team delivered both reactive and proactive fraud services.

“The Counter Fraud Partnership Team comprises four auditors with counter fraud expertise who work across all departments. Together they provide a dedicated proactive counter fraud and responsive investigation function. It also works on behalf of the Council to ensure that its counter-fraud arrangements are robust by raising awareness of fraud risk, reviewing and improving fraud risk management arrangements, using data to actively identify fraudulent activity, and monitoring the extent to which the Council is impacted by fraud. Where fraud is suspected or identified, the team provides a professional investigation service and advises on control measures that will prevent recurrence.”

The committee heard that 162 days had been spent on counter fraud activities in the year, compared to a contingency budget of 150 days.

There was an increase in allegations from 33 in the previous year to 38 in 2023/24.

“The workload we had last year um so there was a slight increase 38 allegations as opposed to 33 the previous year um I don’t think that’s a concern um I think it’s good it shows awareness within the organization um of the risk of fraud and also that we are here to to undertake that that work um it’s also reflective of a trend across the organizations”

The committee heard that this increase was not a concern, but reflected an increase in awareness of fraud risk within the organisation.

The committee heard that a county-wide Single Person Discount review had been very successful and that a new contract for the scheme had been agreed, including empty homes reviews.

“um we we don’t just work in isolation so obviously frauds just don’t respect boundaries and we work with other organizations other councils within our area um so that’s within surrey but also um across the southeast as well so again we can share intelligence and but also some of the fraud fraud threats that we’re all facing um and we do try to work with our boroughs and districts as well um you can see towards the end of the report there we’re summarizing the the county-wide single person discount review um that’s something that we set up here at county we funded it so that boroughs and districts could buy into it and it’s something that is very successful um we have just set up a new contract as well so again we can repeat that and make it available to the boroughs and districts”

The committee noted the report.