Meeting documents

Audit Committee
Wednesday, 23 May 2012

audit committee

MINUTES of the Meeting held in the Committee Room, Swale House, East Street, Sittingbourne on Wednesday 23 May 2012 from 7:00 pm to 8:12 pm.

Present: Councillor Nicholas Hampshire (Chairman), Councillor Prescott (Vice-Chairman), Councillors Andy Booth, John Coulter, Harrison, Mike Henderson, Ted Wilcox and Nick Williams (substitute for Councillor Mike Haywood).

Officers Present: Jennifer Daughtry, Joanne Hammond, Brian Parsons, Mark Radford, Nick Vickers and Janice Watts (Swale Borough Council) and Andy Mack (Audit Commission).

Also In Attendance: Councillor Duncan Dewar-Whalley, (Cabinet Member for Finance).

Apologies: Councillor Mike Haywood.

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minutes

The Minutes of the Meeting held on 8 March 2012 (Minute Nos. 578 - 586) were taken as read, approved and signed by the Chairman as a correct record.

 
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declarations of interest

No interests were declared.

 
 

part a minutes for confirmation by council

 
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financial regulations update

The Head of Finance introduced the report which presented a revised set of Financial Regulations and sought the Committee's approval to Council to adopt the Regulations.

A Member made the following comments: the budget needed to be more transparent and understandable in terms of expenditure, and that continued improvements needed to made to make it less opaque; would there become a point where no institutions met the required standard for Council investments; concern that if virements were only agreed by the Corporate Services Director, other Directors may not be kept informed of substantial virements within their directorate; discrepancies in wording between pages 14 and 15; the virement limit for individual Cabinet Members was too high and should be reduced; the wording "and at the same time be available to all Council Members" be added to B1.1; and C1.2 should read "…the annual Internal Audit Plan to be approved, changed or rejected by the Audit Committee".

The Head of Finance responded to some of the comments and provided assurance regarding the Council's investment policy. He undertook to review the Member's comments and the document before submission to Council.

A Member commented on the wording under paragraph 5.1.1 and the Head of Finance agreed to remove the words "unless these Rules are more stringent".

RECOMMENDED:
(1) That the Audit Committee approves and recommends to Council the updated set of Financial Regulations.
 
 

part b minutes for information

 
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benefit fraud annual report 2011/12 - activity and outcomes

The Benefit Fraud Investigation Team Manager introduced the report, which provided a summary of the benefit fraud activities and outcomes undertaken during 2011/12. She reported that 2011/12 had been a successful year for the team and outlined some of their achievements. She explained that the Welfare Reform Act would change some of the Council's sanctions and administrative penalties.

A Member considered that the Council had an excellent fraud team, but the reduction in staff was a concern given the importance of the team's work. She queried what happened to concerns raised by Councillors regarding blue badge fraud. She stressed that any reports of suspected fraud raised by Councillors should trigger an investigation.

The Benefit Fraud Investigation Team Manager explained that Kent County Council were working with Local Authorities on new initiatives to tackle blue badge fraud. However, Swale Borough Council could only refer concerns regarding disability based benefits to the Department for Work and Pensions for investigation.

Members referred to the figures regarding social housing fraud. The Benefit Fraud Investigation Team Manager explained that Government was proposing to introduce new legislation which would make social housing fraud a criminal offence and give Local Authorities greater powers to prosecute. She advised that a local social housing Fraud Forum had recently been launched and the Council worked closely with social landlords to tackle fraud issues.

In response to a query, the Benefit Fraud Investigation Team Manager confirmed that the team conducted on-going investigations regarding Council Tax and single persons discount. She explained that the team could data-match information against the electoral roll; a full data-match was currently underway and was undertaken every two years. The proposals contained within the Welfare Reform Act would give Councils greater powers and support to investigate Council Tax fraud.

Members raised concern regarding the staffing levels of the Fraud Investigation Team and it was proposed and seconded that it be referred to the Scrutiny Committee as a potential review. Upon being put to the vote this was agreed.

RESOLVED:

(1) That the results of the Investigation Team for year 2011/12 be noted.

(2) That the following impending changes be noted and that further briefings on these issues be provided to Members at the appropriate times:

a. Welfare Reform Act 2012 - the impact of Universal Credit, Council Tax Support and the Single Fraud Investigation Service due to start in 2013.
b. Corporate Anti-Fraud Team - Audit Commission and National Fraud Authority.
c. Changes to Department for Work and Pensions (DWP) Fraud Investigation Service performance measurement.
d. Protection of Freedoms Bill - Royal Assent 01/05/12 - surveillance applications to Magistrates Courts.
e. Housing Fraud - Department of Communities and Local Government - DCLG consultation document.


(3) That the Scrutiny Committee be asked to consider a review of the staffing levels of the Benefit Fraud Investigation Team as part of their 2012/13 work programme.
 
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audit committee update 2011/12

The District Auditor (Audit Commission) introduced the report which provided the Committee with an update on the Audit Commission's progress in delivering their responsibilities as the Council's external auditors and an update on the externalisation of the Audit Practice.

RESOLVED:

(1) That the Audit Committee Update 2011/12 be noted.
 
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internal audit annual report 2011/12

The Head of Audit Partnership introduced the report which provided details of the work of the Internal Audit Team over the financial year 2011/12 and the opinion of the Head of Audit Partnership in relation to the Council's control environment, in the context of the Annual Governance Statement.

A Member referred to paragraph 3.16 and asked what further work was required regarding the Council's risk management arrangements. The Head of Audit Partnership explained that the Council had strategic and operational risk registers but they needed to be reviewed in light of the Council's new corporate priorities.

In response to comments regarding monitoring arrangements for S.106 agreements, the Chairman reminded Members of the resolution from the meeting on 8 March 2012 that a further report from the Head of Planning be provided in six months time.

Members discussed the summary of internal audit evaluations with regard to IT disaster recovery, and the Internal Audit Manager confirmed that the protection and security of Council data on laptops would form part of a future audit.

RESOLVED:

(1) That the Committee note the Head of Audit Partnership's opinion that substantial reliance can be placed on the Council's control environment in terms of the overall adequacy and effectiveness of the controls and processes which are in place to achieve the objectives of the Council.

(2) That it be noted that there is no qualification to the approach.

(3) That the work of the Internal Audit Team over the period April 2011 to March 2012 as shown in Appendix I be noted, and that this be the prime evidence source for the Head of Audit Partnership's opinion.

(4) That it be agreed that the outcomes of the work and other matters referred to in the report will provide evidence of a substantial level of internal control within the Council, which supports the findings and conclusions shown in the Annual Governance Statement for 2011/12.

(5) That the Committee notes the improvements in control that occur as a result of the audit process.

(6) That the Committee has considered the effectiveness of the Council's Internal Audit service and is of the opinion that substantial reliance can be placed on the Council's control environment, in terms of the overall adequacy and effectiveness of the controls and processes that are in place to achieve the objectives of the Council, and that the Committee notes that over the past two years the Internal Audit Team have provided a substantially better service to the Council.
 
All Minutes are draft until agreed at the next meeting of the Committee/Panel

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