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Download the Agenda 8 September 2014 AUDIT AND ETHICS COMMITTEE – 16 September 2014 A meeting of the Audit and Ethics Committee will be held at 5.30pm on Tuesday 16 September 2014 in Committee Room 1 at the Town Hall, Rugby. Adam Norburn Executive Director A G E N D A PART 1 – PUBLIC BUSINESS 1. Minutes To confirm the minutes of the meeting held on 1 July 2014. 2. Apologies To receive apologies for absence from the meeting. 3. Declarations of Interest To receive declarations of: (a) non-pecuniary interests as defined by the Council’s Code of Conduct for Councillors; (b) pecuniary interests as defined by the Council’s Code of Conduct for Councillors; and (c) notice under Section 106 Local Government Finance Act 1992 – non-payment of Community Charge or Council Tax. Note: Members are reminded that they should declare the existence and nature of their non-pecuniary interests at the commencement of the meeting (or as soon as the interest becomes apparent). If that interest is a pecuniary interest the Member must withdraw from the room unless one of the exceptions applies. Membership of Warwickshire County Council or any Parish Council is classed as a non-pecuniary interest under the Code of Conduct. A Member does not need to declare this interest unless the Member chooses to speak on a matter relating to their membership. If the Member does not wish to speak on the matter, the Member may still vote on the matter without making a declaration. 4. Housing Benefit and Local Council Tax Reduction Verification Policy 5. Ombudsman Annual Review Letter 6. Approval of Accounts for 2013/14 7. 2014/15 Internal Audit Plan 8. Motion to Exclude the Public under Section 100(A)(4) of the Local Government Act 1972 To consider passing the following resolution: “Under Section 100(A)(4) of the Local Government Act 1972 the public be excluded from the meeting for the following items on the ground that they involve the likely disclosure of information defined in paragraphs 1 and 2 of Schedule 12A of the Act and that in all of the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.” PART 2 – EXEMPT INFORMATION 1. Whistle Blowing Incidents - Standing Item - to receive any updates 2. Fraud and Corruption Issues - Standing Item - to receive any updates Any additional papers or relevant documents for this meeting can be accessed here via the website. Membership of the Committee: Mr P Dudfield (Chairman), Mr J Eves (Vice-Chairman), Councillors Butlin, Mistry, Pacey- Day and Roodhouse If you have any general queries with regard to this agenda please contact Veronika Beckova, Democratic and Scrutiny Services Officer (01788 533523 or e-mail [email protected]). Any specific queries concerning reports should be directed to the listed contact officer. If you wish to attend the meeting and have any special requirements for access please contact the Democratic and Scrutiny Services Officer named above. Agenda No 5 AGENDA MANAGEMENT SHEET Name of Meeting Audit and Ethics Committee Date of Meeting 16 September 2014 Report Title Ombudsman Annual Review Letter Portfolio Not portfolio specific Ward Relevance Not ward specific Contact Officer Sarah Sullivan, Tel: Ext 3451 Report Subject to Call-in This report is not subject to Call-In because: The report relates to the way in which the committee discharges its contributory responsibilities. Statutory/Policy Background The Ombudsman produces an annual report which is considered by the committee. Summary The report gives a summary of the Council's performance in dealing with Ombudsman's investigations and the determinations made on those investigations during 2013/14. Risk Management Implications There are no risk management implications arising from this report. Financial Implications There are no financial implications arising from this report. Environmental Implications There are no environmental implications arising from this report. Legal Implications There are no legal implications arising from this report. Equality and Diversity There are no equality and diversity implications arising from this report Options 1: To note the report. Risks: There are no risks associated with the option. Benefits: There are no obvious benefits since there are no performance issues associated with cases arising since the Committee last considered this issue. 1 2: To seek further information about performance in handling individual cases. Risks: There are no risks associated with the option. Benefits: There are no obvious benefits since there are no performance issues associated with cases arising since the committee last considered this issue. Recommendation The committee note the report. Reasons for Recommendation Performance statistics do not indicate any need for action by the committee. 2 Agenda No 5 Audit and Ethics Committee – 16 September 2014 Ombudsman Annual Review Letter Report of the Head of Business Transformation Recommendation The Committee note the report. 1. INTRODUCTION The Ombudsman has issued his annual complaints statistics report showing the level of complaints made against the Council, the determinations that have been made and the speed with which the Council responded to requests for information made by the Ombudsman’s Investigators (see Appendix 1 to this report). 2. STATISTICAL SUMMARY During 2013/14 the Ombudsman received 14 complaints and enquires of which 13 received decisions. Of those 13 enquiries, 2 were upheld, 1 was not upheld, 3 were closed after initial enquires and 7 were referred back for local resolution. 2.1 Complaint outcomes The Ombudsman made decisions on 3 detailed investigations of which 2 were deemed to be upheld: Case 1: The Council did not properly assess a housing tenant’s Housing Register Application and provide the information he needed to start using the choice based lettings scheme. The tenant also missed an opportunity to bid for properties with the appropriate level of priority. The Council agreed to pay the tenant £600 to recognise the uncertainty about the whether the tenant would have been rehoused sooner. Case 2: The Complainants state that the Council failed to take account of their objections to a neighbour’s planning application. There was some evidence of fault by the Council but it had not caused a significant injustice The case that was not upheld was investigated and the Ombudsman was satisfied with the Council’s actions and therefore not appropriate to issue a report S30(1B). 2.2 Local settlements The Ombudsman will often discontinue enquiries into a complaint where the Council takes or agrees to take action that the Ombudsman considers to be a satisfactory response – 3 these are called local resolutions. There were 7 local resolutions for the Council during 2013/14. 3. CONCLUSION The Council has an effective framework for managing requests for information from the Ombudsman’s Investigators. Where this does not allow for responses within the target period, it does provide for the Investigator to receive a timely explanation of delays to forestall criticism. The Council’s record in terms of cases determined remains good, with no cases of maladministration in the last three years. 4 Name of Meeting: Audit and Ethics Committee Date of Meeting: 16 September 2014 Subject Matter: Ombudsman Annual Review Letter Originating Department: Executive Director LIST OF BACKGROUND PAPERS Document Officer’s File No. Date Description of Document Reference Reference 1. Ombudsman annual review statistics 5 Appendix 1 Agenda No 6 AGENDA MANAGEMENT SHEET Name of Meeting Audit and Ethics Committee Date of Meeting 16 September 2014 Report Title Approval of Accounts for 2013/14 Ward Relevance Not ward specific Contact Officer Mannie Ketley, Head of Resources, Tel: 01788 533416 Report Subject to Call-in No Statutory/Policy Background Accounts and Audit Regulations 2011 Summary The purpose of this report is to present the Statement of Accounts for consideration by Audit and Ethics Committee prior to approval by Council. Financial Implications There are no financial implications arising from this report. Risk Management Implications There are no risk management implications arising from this report. Environmental Implications There are no environmental implications arising from this report. Equality and Diversity There are no equality and diversity implications Implications arising from this report. Legal Implications There is a legal requirement for full Council to approve the Statement of Accounts each year. Recommendation The Statement of Accounts for 2013/14 be considered; and IT BE RECOMMENDED TO COUNCIL THAT: The Statement of Accounts for 2013/14 be approved. Reasons for Recommendation Regulations require the statement of Accounts to be considered and approved. 1 Agenda No 6 Audit and Ethics Committee – 16 September 2014 Approval of Accounts for 2013/14 Report of the Head of Resources Recommendation 1. The statement of accounts for 2013/14 be considered; and 2. IT BE RECOMMENDED TO COUNCIL THAT: The statement of accounts for 2013/14 be approved. 1. BACKGROUND Under the Accounts and Audit Regulations 2011, SI 2011 No. 817, which came into force in March 2011, it is a requirement that: a) By 30 June the Chief Financial Officer (Head of Resources) must sign and date the statement of accounts and certify that it presents a true and fair view of the financial position and income and expenditure of the Council as at the end of 2013/14. b) By 30 September the Council’s statement of accounts must be considered and approved by Council and signed and dated by the Leader of the Council and then published, including a report/opinion from the Council’s auditor (Grant Thornton). Prior to approval by Council, the accounts are being presented for consideration by Audit and Ethics Committee. 2. STATEMENT OF ACCOUNTS 2013/14 The 2013/14 statement of accounts has been prepared on an IFRS (International Financial Reporting Standards) basis and is more aligned to those of a private sector company.
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