440
The Committee considered a report which requested that it consider the Chartered
Institute of Public Finance and Accountancy (CIPFA) published, revised, guidance
for the operation of Local Authority Audit Committees in 2022.
Andrew Weavers, Head of Governance and Monitoring Officer, attended the meeting
to present the report and assist the Committee with its enquiries. The Committee had
before it a detailed report and appendices and was reminded that Full Council had
considered a report concerning constitutional changes at Full Council in May 2024.
The report which was before the Committee represented the start of the process of
ensuring compliance with the CIPFA Position Statement on audit committees and
further reports would be presented to it as the process continued. The CIPFA
Position Statement had been published in 2022, and related to Local Authority and
Police Audit Committees, and it set out the practice and principles which audit
committees should adopt. These practices and principles were not mandatory but
represented best practice, and it was considered that the Council should make the
best effort possible to adopt the principles contained in the Statement. The
Statement was accompanied by guidance which had been circulated to the
Committee separately as this guidance was not a public document. It was intended
to create an online repository of documents for the use of the Committee which
would be added to over time, and which would contain such documents as CIPFA
guidance to assist the Committee in performing its role.
The Position Statement set out key information including the purpose of an audit
committee as an independent committee, the core function of an audit committee,
the membership and composition of an audit committee, the engagement and output
of the committee and its impact in the organisation. The core functions of an audit
committee and the expected characteristics of the committee were set out in the
Officer’s report, however, there was the need to recognise that the Governance and
Audit Committee in Colchester fulfilled additional functions given to it by Full Council
such as the Council’s Standards and Shareholder Committee, together with other
governance functions, and was therefore not just operating as an audit committee.
The CIPFA guidance did say that the Council should undertake a self-assessment
and map the results of this against the requirements of the Position Statement.
Accordingly, an initial assessment had been undertaken which was appended to the
Officer’s report, and which had provided a score of 108 out of a maximum possible
score of 200. It was considered that the Committee complied with the basic
principles of the Position Statement, however, areas of potential improvement had
been identified for the Committee to consider. It was suggested that some key areas
for improvement centred around the roles of the Committee and the capacity in
which it was acting, together with reporting the effectiveness of the work of the
Committee and ensuring that Committee members had appropriate skills.
Following on from the initial assessment, an action plan had been drawn up together
with proposed revised Procedure Rules for the Committee and these documents
were appended to the Officer’s report. The Committee was invited to submit the
revised Procedure Rules to Full Council for ratification and inclusion in the Council’s
Constitution. Additionally, a draft revised work programme layout was also appended
to the Officer’s repot which intended to clarify to the Committee in which capacity it
was acting when considering particular agenda items and how these related to the
core function of the audit committee. If the draft action plan was agreed, then a draft
annual report to Full Council would be prepared for the Committee to review and
approve at a future meeting, and this draft report would detail the activities of the
Committee during the municipal year.
It was necessary to undertake a skills gap analysis to ensure that the Committee had
the necessary skills in its members to be effective in accordance with the guidance.
The Position Statement also suggested that the Committee should maintain a close
relationship with the Council’s internal and external auditors, and should hold
meetings with these auditors which would be private and held in an informal setting.
The Position Statement indicated that, if possible, the Committee should contain
independent members, and possibly have an independent Chair, however, it was
considered that this suggestion needed significant further thought and would be the
subject of detailed review in the future.
The Head of Governance and Monitoring Officer noted that the guidance also
mentioned the potential separation of the Committee from the Council’s executive
and its Scrutiny Panel so that there was no crossover, which meant that ideally no
members of this Committee or the Scrutiny Panel would also be members of the
Council’s executive. However, he believed that given the political makeup of the
authority, a pragmatic view was necessary in relation to this element of the guidance,
and that it was more appropriate to consider this proposed degree of separation
further into the compliance process.
The Committee heard that it was accepted that further action was needed, but at
present the Committee was asked to confirm that it agreed with the initial self-assessment, proposed action plan, revised work programme template and the
revised Governance and Audit Procedure Rules for commendation to Full Council.
The Chair reminded the Committee that attaining compliance with the Position
Statement and guidance would take some time, and he considered that the
Committee should use its best endeavours to introduce best practice in readiness for
the next municipal year. He was anxious about the membership of the Committee
and did not wish to disenfranchise any Member of the Council, and although it was
accepted that some Councillors would not wish to sit on the Committee care had to
be taken that Councillors without a financial background could still be members of
the Committee if they wished, and adequate training was required to support this. He
offered support for the proposed changes to the structure of future agendas.
In discussion, the Committee acknowledged the volume and complexity of the
suggestions which were contained within the Officer’s report. It considered that the
introduction of lay members of the Committee would involve a high level of
commitment, particularly if this was to be implemented by the start of the next
municipal year. Inherent difficulties which may exist in recruiting lay members of the
Committee could include ensuring that they were politically neutral, and had the
necessary expertise and sufficient time to devote to the role. When considering the
training requirements that suitable to support the Committee, it was suggested that
training should not be limited to Member’s Code of Conduct and the Council’s
statement of accounts, but should additionally seek to support the other roles of the
Committee. In general terms any training would be welcomed, and this should be
offered to all Members of the Council to provide opportunities to join the Committee
in the future, and to make the training as cost effective as possible.
The pragmatic approach which had been suggested by the Head of Governance and
Monitoring Officer when considering appropriate membership of the Committee was
supported, and it was considered that of primary importance was to ensure that the
most appropriate Councillors were members of the Committee, and rigid
independence from the administration may not therefore be practical. It was noted
that Colchester was a small Council with a relatively limited pool of Councillors to
draw upon for Committee membership, and it was considered that it was important to
maintain the ability to send substitute members to sit on the Committee if needed. It
was suggested that one of the biggest challenges facing the Committee in its role as
an audit committee was the lack of a set of audited accounts, and independent
meetings with the Council’s auditors would be very useful, and would be welcomed.
The proposed suggestion that a document library be created to support the work of
the Committee by providing access to relevant guidance documents and other
pertinent information was met with approval.
Returning to the possibility of introducing independent members of the Committee, a
number of Committee members raised their concerns. The Council had introduced
independent members in the past as part of its Best Value Panel, and it was
suggested that these members had not added a great deal of value to the Panel as
the Council had a very complicated structure, and truly independent lay Committee
members would have no background in the functioning of a local authority. It was
suggested that it would be extremely difficult to find someone with the skills and
interest necessary to understand local authority finances, and the desire to come to
meetings in the evenings. Although the guidelines should be adopted wherever
possible, if not all the criteria were able to be met then any areas of discrepancy
should simply be declared as part of the Committee’s annual report to Full Council.
Had any evidence been sought from other local authorities who had introduced
independent members onto its audit committees? Any positive outcomes or issues
which had been experienced as a result of this would be extremely useful to inform
future discussion on the topic.
Considering the initial self-assessment which had been completed, a Committee
member considered that some of the scores which had been awarded were
potentially too low, and the Committee did have positive meetings which generated
good outcomes, for example the work which it had recently undertaken in respect of
the Council’s wholly owned companies.
Hayley McGrath, Corporate Governance Manager, attended the meeting and
answered questions which had been raised by the Committee. No official sanctions
would be imposed if the Council failed to implement the suggestions which were
contained within the guidance, however, the suggestions were considered to be
examples of good practice which would be noted by both the Council’s internal and
external auditors in the future. Examples of how to proceed with a skills gap analysis
were contained within the CIPFA guidance, which suggested what appropriate skills
may be for Committee members. Officers would present a proposed approach to the
skills analysis work to the Committee in the future for its approval, and the results of
the analysis would then be used to generate an appropriate training programme to
target areas where the need for improvements may have been identified. Any and all
training provided would be made available to all Councillors.
Turning to the process of the potential appointment of independent persons, the
Committee heard that the Council already had 2 independent members of the
Committee who were consulted when standards matters were considered. These
persons were appointed every 4 years via a recruitment process which involved
advertising a suitable job description. The independent persons were very involved
with Code of Conduct complaints and would verify the findings of any investigation
which had been carried out, and they would also form part of the Committee when it
met to consider a Code of Conduct complaint. If lay members were to take up a
position on the Committee itself, it would be proposed that a similar recruitment
process would be followed, with a job description and advertisement to seek
interested people who wished to be involved, with additional checks carried out to
ensure political independence. The Council was a member of the Eastern Region
Audit Committee Chairs Group, which contained some independent Chairs of audit
committees, and advice would be sought from this group in relation to the
appointment of lay members of the Committee in due course. The Committee was
reminded that its purpose was not limited to financial matters, but other areas of
governance and internal control, as well as risk management and control processes.
The Committee also received internal audit reports which were of equal importance
to the reports it received from the Council’s external auditors.
A Committee member considered that there was a difference between an
independent member of the Committee when considering standards issues and
when the Committee was considering financial matters, and he did not consider that
what worked well for standards hearings would also work well for the financial work
of the Committee. It was important to analysis the experience of other local
authorities before any future decision was made in relation to lay members of the
Committee.
In discussion, the Committee noted the large amount of work which may be required
to implement the suggestions contained within the Position Statement and guidance,
and suggested that Officers approach this work with caution to ensure that work
which was carried out delivered appropriate improvements to the work and structure
of the Committee.
The Head of Governance and Monitoring Officer advised the Committee that in May
2024, the government had published statutory guidance on best value interventions,
which indicated that one of the characteristics of a failing local authority was the lack
of effectiveness of its audit committee. It could therefore be argued that if an issue
arose in the future, failure to implement the suggestions which had been made could
be seen as a characterisation of potential failure of the authority.
Summing up the debate, the Chair believed that the report contained a significant
number of positive suggestions for the composition and function of the Committee in
the future, however, was mindful of the likely volume of work that delivering the
proposed changes would involve. The Committee had indicated that it did not wish to
go ahead with the appointment of independent members at this time, but consider
this in the future when additional information had been made available. It was also
necessary to remain cautious in relation to implementing every recommendation
which had been made in the guidance. The presentation of an annual report to Full
Council was supported by the Committee, and it was essential that all Councillors
were aware of the work which it had undertaken during the year, including work
around risk management, internal and external as well as governance oversight.
RESOLVED that:
- The contents of the Position Statement had been considered and reviewed;
- The results of the initial self-assessment, and the Council’s current
arrangements compared to the position statement, had been reviewed and
commented on;
- The proposed action plan be agreed, subject to amendments suggested by
the Committee;
- The proposed change in layout of the Committee’s work programme be
agreed
RECOMMENDED to Council that:
- The proposed revised Governance and Audit Committee Procedure Rules be
recommended to Council for adoption and incorporation into the Council’s
Constitution.