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Andrew Small, Section 151 Officer and Head of Finance, apologised for not attending in person. This owed to a clash with a scrutiny meeting being held on the same night at Epping Forest District Council. The Head of Finance underlined the Council’s legal duty to set a balanced Budget, with the proposed Budget for 2025-26 being presented. Further years’ projections were also shown, within the Medium-Term Financial Forecast [MTFF], to help steer the Council’s financial planning. Each MTFF over the past four/five years had shown a deficit which needed to be addressed. It was the duty of the Administration and Finance Team to address these deficits. The current reserves position was compared to the MTFF, with reserves steadily increasing. This showed the Council’s success in balancing budgets and addressing challenges.
The Head of Finance described budgets as being a set of assumptions, and the Council recognised that assumptions would be constantly changing, so a set of assumptions had to be taken at one point in time. The key task was to assess whether the overall Budget proposed was reasonable and gave a fair picture. It was the duty of the Section 151 Officer to seek and give assurance that the Budget was balanced, and the Head of Finance confirmed that he gave that view, as Section 151 Officer of the Council.
A Panel member asked how the Council could have run deficits over the years, whilst balancing budgets and now adding to its reserves. The Head of Finance explained that the further ahead projections were made, the greater future deficits appeared, and by presenting balanced budgets each year, the Council used the time available to program in mitigations and solutions, allowing it to continue to balance its budgets.
A Panel member expressed the view that the report downplayed the reliance on a set of carefully chosen assumptions Whilst the Council’s statutory duty was to look only one year ahead, it was prudent for Councils to look further, given the effect that the Budget would have on future years. The Panel member stated that downplaying assumptions undermined the Budget process. The Head of Finance noted that the further into the future the Council’s assumptions were made, the more uncertain they became. Assurance was given that the assumptions for the coming year were as good as they could be, as there was knowledge of some things coming in the future. The MTFF was something that the Council had to produce, as a responsible local authority. The range of assumptions included some things that were known, and some that were known about, but not the extent of their size, such as the new Government grant system from 2026-27. The MTFF allowed the Council to plan and act to address what was expected.
A Panel member voiced disappointment that the Section 151 Officer had not been able to attend in person and given answers to questions from the Panel.
Councillor Sunnucks attended and, with permission of the Chairman, addressed the Panel to thank officers and the Leader for engaging with him, but to urge Scrutiny Panel to examine the numbers and plans closely. Councillor Sunnucks told the Panel that the Budget report and MTFF indicated a £7.9m structural deficit, with a £3.1m structural deficit for 2025-26, whilst the report stated that the 2025-26 Budget would add around £87k to reserves. Councillor Sunnucks urged serious consideration of the MTFF and stated that it was contrary to the CIPFA prudential code to run up capital spending without accounting for how this would be covered. Councillor Sunnucks ventured that this was also being done with the HRA [Housing Revenue Account]. Reserves of around £38m had been built up during the Pandemic, but these had reduced in each year since 2020-21. Councillor Sunnucks urged examination of how to increase income, what might be cut, what reserve usage might be appropriate, and from which reserves. Detail was requested relating to reserves earmarked for potential use on the Turnstone project. Councillor Sunnucks stated that he did not believe the calculations made regarding the HRA.
In response to questions regarding the CIPFA code, the Deputy Section 151 Officer explained that the prudential code dictated a prudent, affordable and sustainable approach towards capital investments. A deficit was acknowledged by the Administration and would be addressed going forward.
Councillor Cory, Portfolio Holder for Resources, acknowledged that the Council had been forecast to run up a deficit each year in recent years, but had met the need to balance its budget each time. It was noted that the Revenue Support Grant had been reduced from £13m per year down to zero by the previous Government.
The Deputy Section 151 Officer stated that Councillor Sunnucks had implied that the Council was living beyond its means, but the Council’s reserves had not materially declined in the previous year. The past ten years of balance sheets had been examined in the previous August. There had been £16-£17m in the General Fund reserves ten years ago. There was now around £20m in those reserves after that. Section 31 grants had been received during the Pandemic, to assist with Business Rate reliefs. The amount of these came down over time and only lasted for two years, with significant losses recorded in 2022-23. The grants awarded by Government helped to meet the deficit that this generated. Good performance eliminated the deficit by the end of 2022-23, and the reserve level of £30m was 50% higher than previous reserve levels, and it was wrong to say that the Council was running down its reserves.
The Deputy Section 151 Officer explained that the HRA was subject to complex and specific accounting arrangements, often statutory in nature or found in the Code of Practice. These were different to the arrangements and requirements in the private sector. The Council was not stretching depreciation figures and was following the required accounting process. Nothing had changed since the most recent audit. Interest rate figures given by Councillor Sunnucks were not accurate, and the borrowing rate was currently at a 0.6% discount, via the Public Works Loan Board [PWLB]. The expected borrowing rates in year five varied between forecasters, with no clear consensus, but there was strong consensus predicting a drop in interest rates in the medium term.
The Deputy Section 151 Officer was asked at what rate the Council borrowed, whether this was at a spot rate, or at any kind of discount. The Deputy Section 151 Officer explained the discounted rate for General Fund borrowing [0.2%] and for HRA borrowing [0.6%]. The draft Budget did not assume that these discounts would be maintained, with prudence regarding expected income also.
A Panel member asked if a written explanation could be provided to elected members, to explain how the projected interest rates had been settled upon, when these did not accord with the expectations of Councillor Sunnucks. The Deputy Section 151 Officer agreed to see if this could be done and would seek to understand how Councillor Sunnucks had generated his figures and predictions.
The Chairman invited Councillor Sunnucks to comment, who stated that officers had been told to use a lower rate than the PWLB rate [which was the gilt rate plus 1 percentage point], and that in his view the interest rate relating to the General Fund should be set at 4%, whilst the rate for the HRA should be 8%. Councillor Sunnucks requested an external audit of the interest rate expectations given, stating that both BDO and KPMG had refused to commit to this. The Deputy Section 151 Officer informed the Panel that Link was the treasury management adviser to the Council, including on the MTFF. Epping Forest District Council used different advisers, but they were in accord with the advice from Link.
The Chairman asked if this advice had resulted in the Council’s companies generating a significant tax bill from HMRC, and a Panel member requested that the advice from Link be provide to the Scrutiny Panel. The Portfolio Holder confirmed that the tax bill mentioned had come from Colchester Commercial Holdings Ltd [CCHL] and had not arisen due to the company making any losses.
The Deputy Section 151 Officer noted that the Treasury Management Strategy was overseen by the Governance and Audit Committee, and would next go to that Committee on 25 February 2025, including an update on interest rates. The Deputy Section 151 Officer offered to share that report with members, ahead of Full Council on 26 February, where the Council would vote on the Budget. A Panel member stated that the report made it appear that there was a requirement for Link to look at the HRA. The Deputy Section 151 Officer was asked if this was the case, or whether Link only provided general advice, responding to say that Link kept the Council up to date on a range of issues, including interest rate forecasts. Specific advice could be commissioned, such as the advice on Colchester Amphora Energy Limited [CAEL]. The advice on interest rates was last given in November 2024, and was due for an update.
A Panel member stated concern that small divergencies in projected interest rates could have significant effect on the Council’s capital budget. The Panel needed to understand the numbers, and the detail behind them. Tackling questions on materiality, the Deputy Section 151 Officer explained the assumption of £21m borrowing for 2025-26, through the year and calculated as at the six-month point, e.g at around £10m. Gross expenditure of around £100m was assumed , but a surplus was expected on interest receivable.
The Portfolio Holder told the Panel that the HRA remained under review, as costs had to be driven down. The Council did not have any reason to underestimate borrowing rates, as this would cause problems in the future. The HRA programme had been delivered at a surplus in this current year. If the projections last year had been wrong, this surplus couldn’t have been generated. Borrowing cost were currently high, and there were restrictions on what could be done, but the Council was addressing issues.
The Leader of the Council gave assurance that external advice had been sought from a pool of experts, applying the best possible advice to Budget work. The Council had a record of savings, shown over a decade. Regarding questions on staffing levels, the FFF programme figures showed what had been delivered, and what actions were scheduled. The Portfolio Holder stated that the FFF programme would reduce revenue spending. More need to be done on the revenue budget, seeing a reduction in service provision and an increase in fees alongside a rise in Council Tax rates of 2.99%. Positives included investment in communities, including work with ECC on a new bus terminus in Colchester to improve transport links. Hopes were held for more Government support and strong performances by local businesses.
The Deputy Section 151 Officer outlined the General Fund Revenue Budget proposals in Appendix A. These were fully balanced, form an original deficit projected to have been £1.893m. This had been addressed, without drawing on reserves. The Council’s expected net expenditure was £29.974m, as shown at 2.41 of Appendix A. This assumes the confirmation of the Government settlement. National Insurance contribution increase was still a risk. An initial assumption had been that 100% of the cost would be covered by Government, but this had been reduced to 50%, based on intelligence received. FFF savings were outlined, with any additional need for future savings having to be covered on top of the current FFF actions scheduled.
The HRA Revenue Budget was shown in Appendix B, where no great changes were expected. A net income of £794k was projected, which was a reduced amount since November 2024. The management fee of Colchester Borough Homes [CBH] had been increased in order to meet the increase in employer contributions to National Insurance.
The Capital Programme shown in Appendix C involved £78.9m over five years. There had been a noticeable change since November 2024, due to a reprofiling of already-approved schemes. There would be little impact on capital financing costs, as this mostly involved external funding, such as the funding for Town Deal and Levelling Up Fund [LUF] projects. The HRA Capital Programme was projected to involve £157.6m of spending over five years.
Questions were raised regarding the figure of £0.23m projected spending on responsive repairs, and the same for cyclical repairs, with a Panel member noting that Patricia Barry, Interim Lead on Assets, had advised that the Council should spend £7m per year on estate maintenance and property servicing, and that this had not been incorporated into the Budget. The Portfolio Holder detailed the Lead on Assets’ work to identify assets needing repairs. There was one item for the general repair costs, and another for specific capital repairs required. A Panel member expected to see an increase in estate maintenance costs, to prevent greater costs in future years. The Portfolio Holder gave assurance that the premises maintenance budget was greater regarding the operational costs of the estate. Work cost for matters such as Middle Mill Weir were budgeted for elsewhere. The Asset Management Strategy showed an increase in spend of £1m per year on the repairing of assets and routine maintenance. This was a capital programme matter, rather than being in the revenue budget.
Returning to financing costs, a Panel member asked about MRPs [minimum revenue provisions] being reprofiled, with the report showing that most of the programme for 2025-26 not being funded from grants, which they said indicated that the Council would need to meet the full cost of borrowing for the projects, which included fleet replacement, car park works, a pumping station and wheelie bin roll-out.
The Deputy Section 151 Officer stated that there was £6.2m in Town Deal schemes budgeted for 2025-26, funded by grants, and an £11.2m committed for LUF projects. The Northern Gateway enabling works were already included, from the November report. The Council was borrowing for that over 50 years, so this only entailed small amounts per year. The Council incurred full MRP in the year following that in which an expenditure was incurred, therefore MRP charges could be pushed back. The Portfolio Holder explained that the reprofiling of the significant costs, such as on Northern Gateway, reduced the carrying of costs. Borrowing projections had been reduced. The Deputy Section 151 Officer said that there was no known risk for 2025-26, and the HRA review could impact later years in the MTFF.
Regarding fees and charges, questions were asked to clarify why the income from garden waste collection had been estimated to be £0.359m less than expected, and whether this came from lower-than-expected demand, or a reduction in payments. The Deputy Section 151 Officer stated that this related to the original assumptions on subscription fees and showed a correction of these assumptions. The Leader gave assurance that this did not affect judgements on materiality, and that clarification could be provided on this in the future.
A Panel member noted that £4.77m of savings from Fit for the Future had been projected for integration into the MTFF, but a shortfall of £1.79m had been reported. The Portfolio Holder was asked how this was being dealt with and stated that whilst the FFF programme had been seen as a three-year programme, this would now be longer. In some cases savings had needed to be put back, and the Administration had accounted for this. The Leader confirmed that, where there were shortfalls, the Council had an obligation to pursue the difference. The future actions to address this would be reported back to members. The Portfolio Holder added that the FFF programme was embedded and would achieve or exceed the target for savings. A request was made by the Panel for information or a briefing as to this subject, to lay out an explanation.
A Panel member picked out Northern Gateway costs, spread across different budget lines. It was known that there was an issue with locating a cinema operator, and that the Council had ringfenced £4m of reserves, set aside to cover any potential issues. A confidential explanation was requested of the situation and related transactions, to explain the figures being fed into the Budget. This was widened to consideration as to whether to request a briefing covering Northern Gateway, and the Council’s other major commercial projects.
The Portfolio Holder agreed that it was difficult to see how the finances worked, and that the explanations could be circulated to the Scrutiny Panel and Governance and Audit Committee, with a confidential briefing note prior to Full Council on 26 February 2025. The Council had to pay Canada Life, paid out of rent collected. This would not be fully covered at this stage, and the Council would need to assess what calls were made on the £4m ringfenced reserves. The current assessment had to be included in the Budget report, and the Administration hoped to complete on a deal that covered the cost of payments to Canada Life and allowed the addition of £500k into the Council’s budget.
The Panel considered whether it wished to request sight of the CIPFA resilience index report prior to the Budget being put forward for approval. The Deputy Section 151 Officer explained that the index was retrospective, looking at data up to 2022-23, and lacked local interpretation. This sometimes led to mistaken conclusions regarding resilience levels. The Council had struggled to produce timely accounts in recent years. Information on this could be provided, after some work was done to prepare it.
The Portfolio Holder addressed queries about assurances given as to the Council’s record of remedying projected deficits. FFF could go deeper and further to increase efficiencies. The National Insurance assumptions were cautious, and a greater relief on increased NI contributions would reduce projected deficits. If income from taxing producers of packaging increased by 50%, this would mean an additional £500k income added to the Council’s base budget. Savings may also be made, if future elections did not go ahead [due to local government restructuring]. Asset disposals might also help ease Budget pressures.
The Chairman welcomed the inclusion and consultation of all party groups on the work that went into the Budget, and asked Councillor Sunnucks to explain how he had calculated that the expected base rate for interest would be 2.7%. The Deputy Section 151 Officer offered to circulate the calculations behind the Council’s interest rate expectations. The Deputy Section 151 Officer gave his view that the questions raised at this meeting did not raise any matters of material consequence to the Budget.
RECOMMENDED to CABINET that Cabinet makes available the following information to all elected members of the Council, prior to Full Council on 26 February 2025 and with the exception that any information deemed by Cabinet to be unsuitable for circulation to all members, due to commercial sensitivity, should only be provided to members of the Scrutiny Panel: -
a)
A briefing note on the interest rate information and assumptions relating to, and underlying, the Housing Revenue Account
b)
A copy of the advice received from Link, the Council’s advisors on treasury management
c)
A briefing note explaining the reduction in expected income from garden waste collection, and why the projected income has reduced
d)
A briefing note to explain how any shortfalls in the ‘Fit for the Future’ programme would be accounted and incorporated into the Budget estimates
e)
A confidential briefing note on the finances of the Council’s major commercial projects, to help reconcile incomes and expenditures
f)
A briefing note on the CIPFA Resilience Index results for Colchester, including the background context and what this means for the 2025/26 Budget proposals