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Audit Committee - Wednesday 12th March 2025 7.00 p.m.

March 12, 2025 View on council website  Watch video of meeting or read trancript
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Summary

The meeting received updates from the Council's External and Internal Auditors, received details of contract waivers that were approved in the last quarter, reviewed the Savings Delivery Programme, and considered a report on financing the 2025/26 Capital Programme.

Auditors Report to those Charged with Governance (ISA 260)

The Committee received the 2023/24 Ernst & Young (EY) annual reports for the London Borough of Newham and the Newham Pension Fund.

The meeting noted that the Auditors would be issuing a disclaimer of opinion on the Council's accounts for 2023/24 because officers were unable to provide full supporting records. They also noted that the auditors had issued a disclaimer of opinion on the Council's accounts for 2022/23.

Councillor Terence Paul queried why the auditors had judged that there were [no] significant weaknesses identified in financial stability or governance when the Council had applied for, and received, Exceptional Financial Support (EFS) from the government, and was using reserves to cover overspends. Stephen Reid, an EY Partner1 stated that Our responsibilities in relation to value for money are to consider the arrangements in place of the council, not whether there are any risks in this case associated with the council's financial position or financial sustainability. Mr Reid stated that the auditors had identified two significant value for money weaknesses: one in relation to the Council's arrangements for social housing; and secondly, in relation to the Council's ability to prepare draft financial statements. Councillor Joshua Garfield asked for clarification on the [casting] errors and the line items without verifiable notes and the inconsistencies identified by the auditors. Nia Thomas, the council's Chief Accountant, explained that the Council had been meeting the 31 May deadline for producing draft accounts, which had always been tight. She added that because of a legislative change, the Council would now be producing draft accounts by the 30th of June, which would allow for a review process in June to try and resolve as many of these issues. The meeting also noted that the Council had increased the number of staff in the closing team to increase capacity.

Quarterly Report on the Savings Delivery Programme

The Committee noted a report that provided an update on the Savings Delivery Programme.

The meeting noted that, of the £32m of savings targets that had been approved at Full Council, delivery of £27.5m (86%) was forecast, with a slippage of £3.5m (11%) and a risk of non-delivery of £1m (3%).

Councillor Paul Convery queried why 14% of the savings were undeliverable, and why savings that could not be delivered were not substituted for others. Kwame Agyenim-Boateng, the Deputy Director of Finance explained that realistically savings delivery was never 100%, and that missing 14 per cent of savings would not be a satisfactory outcome. Mr Agyenim-Boateng explained that the £3.5m of slippage did not mean that the savings were written off and that some of them might be delivered later than intended. Mr Agyenim-Boateng said that the Council was ramping up delivery through the internal Finance Management Board, which was chaired by Conrad Hall, the Corporate Director of Resources.

Councillor Carleene Lee-Phakoe queried why, given the Council's financial situation, savings could not be found sooner through the transformation agenda. Mr Agyenim-Boateng said that the Council had to balance the need to deliver savings with disruption to services, and explained that although the Council planned to deliver £23 million of transformation savings over the MTFS period, it had to balance a desire to deliver more of that and faster with actually formally building it, which then gets us right back into the whole issue where we started a non-delivery of savings.

Councillor Nate Higgins asked if the expectation was that managers would deliver 100% of their savings targets. Mr Agyenim-Boateng said that the expectation was that managers are to deliver the target set but that the Council had to be a little bit realistic and accept that not everything will work out as we planned.

Financing the 2025/26 Cabinet programme

The Committee received a report setting out how the Council proposed to borrow to fund the capital programme for 2025/26. The meeting noted that the Council was seeking to borrow up to £454 million, of which £278 million would be used for housing.

Councillor Lee-Phakoe queried how the council would ensure that the £278 million allocated to housing initiatives would deliver the expected long-term savings and revenue generation. Mr Agyenim-Boateng said that in regards to the acquisitions programme, there was a lot of modelling done that looked at the costs and benefits of each acquisition. He explained that schemes that did not meet viability tests were not taken forward, and that the performance of acquisitions was being monitored.

Councillor Garfield queried why the Council would be seeking approval to borrow so much to invest in the most expensive real estate in the country. Mr Hall said that the policy is not to buy only within Newham or only within London, it's to buy within 90 minutes public transport distance of Stratford.

Councillor Paul asked if the report could be amended to state what policy assumptions were being made about the HRA capital programme and the acquisitions programme. He also asked if the scale and scope of the risks involved could be explained, and if more information could be provided about the external environment and the risks of rising interest rates. Mr Hall said that he would consider including additional information about the scale and scope of the risks, and including inflation fan charts, but that it was not sure I agree with the point about sort of stating the kind of policy assumptions.

Councillor Lee-Phakoe asked if the report could be written in a way that residents would understand, and if it could include a glossary. She also asked how the Council planned to manage the risk of rising interest rates and inflation. Mr Hall said that there are terms and things that perhaps we've overlooked and that the Council genuinely like to achieve that.

Councillor Paul asked for the revised report to be circulated to members of the Committee.

Quarterly Report of Contract Waivers

The Committee noted a report on the waivers of Contract Standing Orders that had been approved since the last meeting.

Councillor Paul queried the £240,000 waiver that had been granted to The Reading Agency. Alison Chessell, the Head of Procurement explained that it was a waiver for an annual agreement with the organisation, who were the only provider in the country who provided the service.

Councillor Garfield asked about the two waivers that had been granted to the Adults and Health directorate. Ms Chessell confirmed that one of these, a waiver for a contract for care and support was a one-off, while the other, for £250,000 was likely to be extended. Ms Chessell explained that the Council was working to shape the local market but that this would take time.

Councillor Lee-Phakoe asked for assurance that contract waivers are only being granted in exceptional circumstances. Ms Chessell said that the Council had reviewed its approach to waivers, was delivering new training to staff, and that new legislation was coming into force that would assist the Council to be more transparent about its procurement activities.

Councillor Paul asked if the Council would be reviewing its strategy in regards to the use of social value in procurement to avoid moral hazard. Ms Chessell confirmed that the Council had established a working group to develop a new policy on social value, and that it would be focusing on tangible, reportable social value deliverables.

Internal Audit Update

The Committee considered a report on the internal audit work that had been completed since the last meeting.

The meeting heard that the following audits had been completed: Purchase Cards; Complaints; Plashet School; Sheringham Nursery; Recruitment follow-up (Adults); Car Pound follow-up (E&ST).

Councillor Convery asked what had gone wrong at Plashet School. Annabel Bates, the Director of Education, explained that the problems at the school were mainly to do with governance, and that one of the particular concerns was that the local authority governor position on the governing body had been vacant for two years. She confirmed that Councillor Sarah Ruiz had recently been appointed to the position. Ms Bates also explained that a number of the other issues were related to outsourced services to the school, provided by Newham Partnership Working (NPW). She confirmed that the school was now looking at sourcing a different provider and that the Council had escalated its concerns with NPW.

Councillor Convery asked if the Council had the issues with NPW under [its] radar. Ms Bates said that the Council had escalated the issues with NPW and was also consulting with school leaders and chairs of governors to see if services should be withdrawn from NPW from September.

Councillor Garfield asked about the potential of bringing services from NPW in-house, and queried the resource implications of this. Ms Bates confirmed that the Council had costed bringing the services in-house and that the existing funding for the NPW contract would cover the costs. She explained that the Council would be discussing options for delivering the service, including for functions like payroll which could not be delivered directly by the Education team, at a meeting of the Children and Adults Management Team (CAM) shortly.

Councillor Paul said that, as the service would likely involve a growth bid, it should be added to the transformation risk register.

GDPR Audit Update

The Committee noted an update on the GDPR Audit actions.

Councillor Paul asked who the Senior Information Risk Owner (SIRO), Digital Officer, and Chief Information Officer were. Lauren White, who leads on GDPR compliance at the Council, said that the SIRO was now Rachel McCoy, the Director of Legal Services. She confirmed that the interim Chief Digital Officer was Damien Mayer, and that the Chief Information Officer was the existing OneSource IT Director post, which Ms White and two colleagues were jointly acting up into.

Councillor Paul asked for the names of Ms White's colleagues to be included in future reports.

Quarterly CounterFraud Progress Report

The Committee noted a report that provided an update on counter fraud activity.

Councillor Paul queried the use of the word hopefully in reference to a project to reduce temporary accommodation costs. Mr Hall suggested the phrase be reworded so that it read that the objectives of the project are two, making it a factual statement.

Councillor Paul noted that the report showed that a sample of council tax accounts showed that 5% of them were fraudulent, and asked if the work could be rolled out across the whole subset of accounts. Mr Sharp explained that the project had started as a pilot and that it would be moving to a business as usual setting. He also said that the Council would be considering how best to roll out the work to ensure value for money.

Councillor Paul suggested that some of the work described in the report could be made more automatic, for example, automatically issuing bills for full council tax to people when they turn 18.

Quarterly Update on Risk Management and Risk Register

The Committee received a report that provided an update on the risks facing the Council.

Councillor Lee-Phakoe asked for clarification on the difference between residual risk rating and risk appetite. Mr Hall explained that residual risk rating was how likely it is and how bad it would be that a risk would materialise after taking mitigating action. Risk appetite, he said, was how willing you are to tolerate risks, and that ideally all residual risk ratings would have been brought down to the risk appetite level.

Councillor Lee-Phakoe asked about risk reference 801, the risk that the Council would fail to implement the Procurement Act 2023. Ms Chessell explained that the risk register was incorrect because the new Act had only come into force on 24th February 2025. She explained that the Council had been doing a lot of work to prepare for the implementation of the Act, including training staff and implementing a new e-tendering system.

Councillor Paul asked if the Council would be producing the scores for the actual successful bidder. Ms Chessell said that assessment summaries would be produced that would explain why the successful bidder had won the contract. She added that the principles of public sector procurement had not changed, but the level of scrutiny and transparency had, and that the Council was working to ensure that the new arrangements were implemented fairly.

Councillor Paul asked if the report could be amended to reflect the fact that the Council was only just implementing the Procurement Act.

Councillor Paul asked for a report to be presented to Audit Committee updating them on the Council's plan to potentially bring services in-house from NPW, and if the plan would be incorporated into the transformation plan.

Year Ahead Forward Plan (9. Risk update AC 03 03 2025)

The Committee noted the draft Forward Plan.


  1. Stephen Reid is listed as an Audit Partner on the Ernst & Young website.