FINAL with FOI exemptions
Minutes of the 257th Board Meeting
Thursday 13 March 2008
Boardroom, 1st Floor Millbank Tower
9.30am to 1.15pm
Commissioners present:
Staff in attendance:
Michael O’Higgins (Chairman)
Paul Coombs (for part)
Steve Bundred (Chief Executive)
Jennifer Bruce
Bharat Shah (Deputy Chairman)
Gareth Davies
Lord Adebowale
Tracey Dennison
Jim Coulter
Martin Evans
Dr Jennifer Dixon
Mark Fletcher
Sheila Drew Smith
Jenny Grey
Cllr Steve Houghton
Julie Hope
Cllr. Peter Jones
John Kirkpatrick (for part)
Sir Thomas Legg
Andy McKeon
Dame Denise Platt
Siobhan O’Donoghue (minutes)
Brian Pomeroy
Pauline Painter (for part)
Dr Raj Rajagopal
Roger Sykes (for part)
Professor Peter Smith
Jo Whitehead
Dr Jenny Watson
Peter Wilkinson
Welcome, Apologies and Announcements
1.
The Chairman welcomed the Board to the meeting and the following
announcements were made:
a.
Apologies had been received from Commissioner Cllr. Chris White. The
Commission Solicitor, Roger Hamilton had sent his apologies and Jennifer
Bruce, the Commission’s Legal Advisor would attend in his place.
b.
Jodi Berg, Independent Complaints Reviewer to the Audit Commission was
welcomed to the meeting. Ms Berg would present her draft Annual Report
to the Board.
c.
Jo Whitehead was welcomed the meeting in her capacity as interim MD,
Corporate Services. Interviews for the vacant MD post would take place on
Monday 12 May 2008. The Deputy Chairman, Bharat Shah, and
Commissioner Brian Pomeroy would join the Chairman and the Chief
Executive on the interview panel.
d.
Mark Fletcher, RD, Northern Region was also welcomed to his first Board
meeting.
e.
As discussed at the previous evening’s Board dinner,
the MD, Policy,
Research and Studies, and the MD, Local Government would explore
further some of the issues that were raised around good practice in
local accountability.
f.
The Board congratulated Dame Denise Platt on her appointment to the
Committee for Standards in Public Life from 1 July 2008. Dame Denise
had also been awarded Public Servant of the Year in the 2008 Dods and
Scottish Widows Women in Public Life Awards.
g.
Michael Scott, MD Central Region and Head of the Commission’s Trust
Practice had been appointed Chief Executive of Westminster PCT and
would take up his post on 12 May 2008. His new post also included being
the lead Commissioner for the country's first Academic Health Sciences
Centre.
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h.
The Chairman reminded Commissioners that for security purposes, they
would need to take their invitation and a piece of photo-ID to the
Commission’s 25th Anniversary and
Follow the Money book launch event at
BT Tower on 2 April 2008.
i.
Due to their common subject, CP 12-08: Annual Report of the Independent
Complaints Reviewer; and CP 20-08: Update on Complaints, would be
discussed simultaneously.
Draft Annual Report of the Independent Complaints Reviewer
CP 12-08
and
Update
on
Complaints
CP
20-08
2.
Jodi Berg, the Independent Complaints Reviewer (ICR) to the Audit Commission
was welcomed to the meeting to give a summary presentation of the key points of
her draft annual report on the operation of the Commission’s internal and external
complaints procedures. Following a review in 2006 of the complaints procedure,
the Commission now operated an internal two-stage complaints process, with a
wholly independent final stage provided by the Independent Complaints
Reviewer’s Office.
3.
As part of her work for the Commission, the ICR had met with senior members of
staff and had been heartened by their clear commitment to supporting the
complaints review process. These meetings had informed much of what was
presented in the annual report.
4.
The Commission received and recorded very few complaints given the extensive
contact it had with stakeholders, other regulators and bodies and members of the
public: the Commission recorded only 61 new complaints in the reporting period
January 2007 to March 2008. This suggested that a number of issues were dealt
with before any intervention of the complaints process was deemed necessary. It
was noted that in previous years, 80 per cent of complaints received went on to
the second stage of review, but now this trend had completely reversed with the
majority being settled at stage one. This demonstrated that staff were now more
comfortable with, and empowered by, the new complaints process. However,
there was still room for improvement, including establishing a mechanism to
record compliments, so that good work would not go unnoticed.
5.
Complaints against the Commission often reflected a misunderstanding of the
Commission’s role and authority. Nor was it surprising that a lot of the complaints
related to communication, for example people’s view of the answers that they
have been given by Commission staff when raising concerns. The ICR reported
that, where she had made recommendations relating to the way complaints were
dealt with, they had been accepted by the Commission.
6.
The Head of the Chief Executive’s Office was invited to comment on the ICR’s
draft annual report and the update report on the wider complaints process. It was
her opinion that it was the decision to change the approach to handling
complaints, and the hard work of the Complaints Unit Manager that were
responsible for the significant improvement in complaints handling, including the
large proportion of complaints that were now resolved at stage one. The
challenge now was a culture shift to reduce the incidence of complaints in the first
place, and to encourage staff to record complaints and compliments. There also
needed to be better expectation management, setting out more clearly, and at an
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early stage, what we would be able to do for complainants. Finally, it was
imperative to learn from the complaints process.
The Board requested an
update on actions that would be taken in light of the ICR’s report.
7.
The Board welcomed the ICR’s draft annual report and complaints update report,
and endorsed the Commission’s complaints process and particularly the role of
the ICR. Commissioners also encouraged actively seeking feedback from
complainants, and our customers more widely. We needed a better idea of who
our complainants were, and any patterns in the complaints we received, although
this was difficult to do with such small numbers.
8.
On behalf of the Board, the Chairman thanked Jodi Berg and the Head of the
Chief Executive’s Office for presenting their reports to the Board.
9.
The Board:
a.
noted the draft report of the Independent Complaints Reviewer;
b.
noted the progress of the complaints process; and
c.
noted the current complaints figures.
Minutes of the last Board Meeting – 24 January 2008
10.
The minutes of the 256th Board Meeting were approved as a correct record,
subject to the removal of the word ‘independent’ in paragraph 28.
11.
The Board approved the minutes of the last Meeting as a correct record.
Report
of
the
Chief
Executive
CP
13-08
12.
National Fraud Initiative: While the Commission would continue to seek to
persuade certain local authorities of the legality of using the electoral register to
identify fraudulently and inappropriately claimed single-person council tax
discount, the Chief Executive reported that the matter may culminate in legal
action. The sensitivities about using the electoral register were understood, but as
the aim and outcome was identifying criminal offences, the work might actually
encourage voters to have greater confidence in their authorities.
13.
The Tiner Review: The Tiner Review of the NAO’s Corporate Governance and the
Public Accounts Commission’s subsequent response to its recommendations had
been shared with Board members. The Public Accounts Commission had
accepted some of the Tiner recommendations, with some amendments. One
such amendment was that the Audit Commission Chairman should attend NAO
Board meetings as an observer, rather than, as Tiner had recommended, as a full
member; and, that the Comptroller and Auditor General should do to the same at
the Commission Board. The Board had little enthusiasm for observer status and
the reasoning behind it, and agreed that this opinion should be reflected in any
correspondence on the matter.
14.
The Statistics Board: The Chairman had now received a response from the
Cabinet Secretary about the inclusion of the Commission in an order under the
Statistics and Registration Service Act, but the letter had added little by way of
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information as to what ‘official statistics’ were, or provided reassurance about the
implications for the Commission. Discussions with CLG were ongoing.
15.
[Section 36(2)(b)(ii)]
16.
Advice and Assistance: There had been some concerns about the sensitivity of
the work that the Home Office had asked the Commission to do with Her Majesty’s
Inspectorate of Constabulary, in that it might be perceived by local government as
a new assessment framework. However, the LGA had been positive about it in
recent discussions. Although the Home Office’s strategy to tackle extremism was
sensitive, the Board felt that this was actually a sound basis for undertaking the
work in itself, as it would enable the spread of best practice amongst local
authorities on a sensitive subject.
17.
The Board noted the report of the Chief Executive.
Initial Analysis of the Comprehensive Area Assessment and Use of Resources
Consultation
Responses
CP
14-08
18.
The MD, Local Government presented the summary of early analysis from
responses to the joint inspectorate Comprehensive Area Assessment (CAA)
consultation, and the Commission’s consultation on the Use of Resources
assessment (UoR), which had both closed on 15 February 2008. A full analysis of
the consultation responses would be available for the Board at its April 2008
meeting. This paper was linked to CP 15-08: Scales of Fees; and CP 16-08:
Medium Term Financial Plan and 2008/9 Budget, both elsewhere on the agenda.
19.
In terms of the overall CAA framework, there was generally strong support. The
areas of concern were around the detail of the transition from CPA, and that there
was not sufficient streamlining, and therefore not the anticipated reduction in the
burden of assessment. The responses to the consultation had included some
constructive ideas, which the Commission would be looking to discuss further.
20.
The general feedback from the consultation on UoR was that it was too wide in
scope. However, there was support for the individual KLOEs, with stronger
support for the existing areas than the new ones. Specifically there was criticism
that the expanded UoR was disproportionate, and that as it would include
elements of the current corporate assessment, it continued, rather than reduced,
the perceived burden. Consultees also wanted more information about the how,
as well as what, in terms of the UoR approach. Having given careful
consideration to the consultation responses and in light of findings from the action
learning sites, the UoR framework would be rationalised further with reduced
KLOEs and a phased, cyclical approach. Paper CP 15-08 gave more detail of the
UoR streamlining.
21.
The Board noted the consultation responses and the Commission’s initial analysis,
and discussed the following points:
[Section 36(2)(b)(ii)]
22.
The Board requested that it receive more detail specifically on: the breakdown of
consultation responses, including the public consultation; a clearer communication
of what the approach will look like; any issues around skills and recruitment;
direction of travel assessment; and the CAA approach at PCTs. As well as the
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more comprehensive analysis and next steps paper for the April Board, there
would be another paper in July 2008 that would set out a more clear and detailed
approach to CAA. Communication with AIBs would, of course, be ongoing.
23.
The Board noted the emerging messages form the consultations on
Comprehensive Area Assessment and Use of Resources.
Scales
of
Fees
CP
15-08
24.
The Board received a report that set out the revised scales of audit and inspection
fees for 2008/09, and indicative fee proposals for 2009/10 and 2010/11. The
report also included proposals for the approach to setting fee scales in the future.
25.
The report summarised the responses that had been received following the
consultation on proposed fee scales, as discussed and agreed by the Board at its
November 2007 meeting. There had been a considerable response to the
consultation, with criticism from local government bodies about the proposed
increases which were felt to be unacceptable in light of other financial pressures.
Furthermore, some responses expressed the view that the Commission itself
should be an exemplar organisation of internal efficiencies and value for money.
The consultation had failed to convey effectively that the overall regulation costs
would reduce with the transition from CPA to CAA.
26.
In light of the responses, the Commission was now proposing to reduce the
increase in fees for 2008/09 and beyond, by amending the approach to Use of
Resources and absorbing cost increases through increased in-house efficiencies
and cost reductions. In addition, auditors would be required through a more
efficient audit approach to absorb any additional costs as a result of changes to
auditing standards.
27.
However, the Board was asked to confirm the proposed increases relating to the
introduction of IFRS, and the separate audit of local government pension funds.
The Board also had a choice in its preferred approach to mandating audits of data
quality at fire and rescue authorities.
28.
The Board also received proposals to bring forward the consultation process for
future years’ scales of audit and inspection fees to the summer, which would allow
the final scales of fees to be published by the end of each year. This would be
beneficial in terms of setting the medium term financial plan. If this approach was
agreed, the draft proposals for 2009/10 fees would be considered by the Board at
its July 2008 meeting; with 2010/11 and future years’ proposals being brought to
the Board at its June meetings. The new proposals would also allow the Board a
longer lead-in time to consider the strategic issues relating to setting fees.
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29.
The Board welcomed the revised proposals for fee scales, but felt that there was
scope for a lessons-learned exercise. The criticism that we had received had
been foreseen in November, and yet at the time there was felt to be compelling
justification for the proposed increases. It would be vital to spell out the rationale
behind our decision, and make clear that real sacrifices would be incurred – it was
not the case that we had simply got our calculations wrong. The matter of a
separate scale of fees for the audit of pension fund would still be subject to
criticism and we would have to remind authorities of the principle which informed
the original proposal, which was made public and reported to the Secretary of
State in 2006.
30.
The totality of the package that the Commission had to achieve could not be
underestimated. Reduced fee scales; a balanced budget; the staff pay settlement;
and cost reductions, would all be a massive challenge with real consequences.
31.
The Board:
a.
noted the issues raised during the consultation and our proposed
response;
b.
confirmed the reduced increase in fees for use of resources work
at single tier and county councils, and the elimination of the
proposed fee increase for this work at district councils, police and
fire and rescue authorities;
c.
confirmed the proposed increase in audit fees to cover the
additional work in relation to the implementation of IFRS;
d.
confirmed the proposal to mandate work on data quality at fire and
finance it from a 50:50 combination of fees and reserves;
e.
confirmed the proposal to require a separate audit of local
government pension funds*;
f.
confirmed a reduced inflation increase to audit and inspection fees
of 1.25 per cent for the next three years;
g.
approved the audit and inspection fee scales for local government
and the NHS for 2008/09 as set out at Appendix 3A; and
h.
approved the process for agreeing fee scales for 2009/10 and
future years.
* Cllr. Peter Jones dissented on this matter, and did not approve the proposal to require a separate
audit of local government pension funds.
Medium Term Financial Plan and 2008/09 Budget
CP 16-08
32.
The interim MD, Corporate Services presented the Medium Term Financial Plan
(MTFP) and 2008/09 Budget for approval. Before presentation at the Board, the
MTFP and its implications had been discussed in significant detail by the
Management Team at its recent Away day, and in light of that discussion, the
interim MD was able to assure the Board that the Senior Management Team
would take responsibility for ownership and delivery of the plan, with support from
the Finance and Planning team. The MTFP would enable the organisation to
deliver its strategic objectives, including implementing Comprehensive Area
Assessment, whilst achieving the cost reductions and efficiencies, as discussed in
the report, and elsewhere on the agenda in papers CP 14-08 and CP 15-08. A
Corporate Savings Plan Board had been established to oversee the delivery of the
savings, and
it would provide quarterly updates to the Board from July 2008.
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33.
The Board noted the figures and commentary in the report and welcomed the
approach. It was a challenging plan and there would need to be an aggressive
approach to cost reductions at a strategic level. The process as set out seemed
to be sensible, and the associated sense of urgency, commitment and focus was
appreciated. The Deputy Chairman would continue to be involved closely with
overseeing delivery of the MTFP.
34.
The interim MD, Corporate Services also confirmed that
the Board would now
receive a regular summary of performance information, which would help give
an overview of performance across regions and across business streams. A
mock-up of this performance report had been shared with, and approved by, the
Chairman. The Board also requested that, in line with the longer lead-in time and
advance discussion of strategic fee issues, as agreed in CP 15-08,
the Board
would also receive an earlier view of the MTFP and Budget papers in future.
35.
The Board approved:
a.
The Medium Term Financial Plan, as set out in Section 4 of the
report; and
b.
The 2008/09 Budget, as set out in Section 6 of the report.
Review
of
Pension
Scheme
Design
CP
17-08
36.
The MD, Human Resources presented the report that set out proposed changes
to the design of the Audit Commission Pension Scheme (ACPS). These changes
followed a review of the scheme design by the Founders Pension Group, and the
changes would help to ensure that the ACPS remained both comparable and
affordable, in line with other public sector schemes.
37.
The three areas for action were: increasing the retirement age to 65 for new
entrants to the ACPS; introducing a salary sacrifice arrangement as a means of
reducing the national insurance contributions; and,
the development of a flexible
retirement policy, which would be reported in more detail at a future Board
meeting. Further options had also been considered as part of the review, and
these could be revisited and implemented at a future date, if necessary.
38.
The Board welcomed the proposals as set out in the report and the anticipated
paper on flexible working. However, some unease was expressed at the
presentational aspect of the introduction of the salary sacrifice arrangement.
39.
The Board:
a.
agreed that the pensionable retirement age for new entrants to the
Audit Commission Pension Scheme is changed to 65;
b.
agreed that the Commission implement a salary sacrifice
arrangement as a mechanism for collecting member contributions;
and
c.
noted that these changes would be implemented as soon as is
reasonably practicable, following consultation with the Pension
Trustees and employees as appropriate.
Creation of a Remuneration Committee
CP 18-08
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40.
The Board received a paper proposing the establishment of a Remuneration
Committee to consider various issues, including the remuneration of the Chief
Executive and Management Team. The proposed membership was
Commissioner Raj Rajagopal as Chairman; and Commissioners Cllr. Steve
Houghton and Jenny Watson.
41.
The Board:
a.
agreed that a Remuneration Committee should be set up;
b.
approve the proposed membership;
c.
agreed the Terms of Reference; and
d.
agreed that the Corporate Governance Framework should be
amended accordingly.
Chief
Executive’s
Appraisal
Confidential Discussion
42.
Following the coffee break, the Chairman and Commissioners held a private
discussion on the Chief Executive’s appraisal. At the conclusion of that
discussion, staff returned to the Boardroom and the Board meeting recommenced.
23 and 24 April Board Awayday and Meeting
CP 19-08
43.
The Chairman presented the draft agenda for the April Board Away day and
Meeting for the Board’s consideration. As previously directed by the Board,
issues to be discussed included the knowledge challenge; studies; and diversity
and the culture of the Commission. CAA and the impact on communities would be
discussed as part of the regular business meeting on Day 2.
44.
The Board noted and agreed the proposed Away day agenda.
Audit
Issues
CP
20-08
45.
The MD, Audit presented the report that sought the Board’s agreement on various
operational issues and reported on a number of professional practice matters and
sensitive issues. The Board approved the audit appointments as set out in the
recommendations, before considering the individual regulatory and professional
matters, as follows:
a.
[Section 33]
b.
Final Accounts Workshops: The Commission was currently running a
number of workshops for key finance professionals at local government
and NHS bodies. This was an annual exercise but the workshops were
also useful in promoting the Commission and its work. As the workshops
were so highly valued by those attending, the Commission would
investigate the charging structure for future workshops.
c.
[Section 33]
d.
Long standing audit appointments: Following a re-evaluation of the data
relating to performance at bodies with long standing audit appointments,
the Board urged an action plan to follow-up the investigation.
The Board
requested a summary of the bodies with long-standing audit
appointments, with an explanation of where and how rotation might
be possible, to be presented at a future meeting. It was clarified that it
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was the audit supplier that was long standing, but that the partner was
regularly rotated.
46.
The Board:
a.
approved the appointment of PricewaterhouseCoopers LLP as the
auditor of Dartford and Gravesham NHS Trust and Norfolk and
Norwich University Hospital NHS Trust for 2008/09;
b.
approved the appointment of PricewaterhouseCoopers LLP as the
auditor of Stratford on Avon District Council for 2007/08;
c.
approved the appointment of Grant Thornton (UK) LLP as the
appointed auditor to West Hertfordshire Crematorium Joint
Committee with effect from 2007/08;
d.
approved the appointment of Grant Thornton (UK) LLP as the
appointed auditor to Chilterns Crematorium Joint Committee for
2007/08, and the subsequent rotation of the appointment to Mick
West with effect from 2008/09;
e.
approved the other changes in appointed auditors from 2007/08, as
set out in Appendix 1;
f.
approved the recommendation not to appoint an auditor for a seven
day period at Good Hope Hospitals NHST; and
g.
noted the other issues set out in the report.
Format
of
2007/08
Annual
Report
CP
19-08
47.
The MD, Communications presented proposals for the 2007/08 Annual Review.
The option of producing a single document incorporating an annual review and the
annual report and accounts had been investigated, but after careful consideration,
the Board was asked to approve the proposal to produce two separate
documents. In order to streamline to process, the text of the review would be
used within the management commentary of the annual report.
48.
The Board felt that it was important that we understood who our audience was to
inform the format of future publications, and suggested that feedback questions
should be included in all formats. Alternative and additional formats, including
email and summary publications, should also be considered.
49.
The Board:
a.
approved the proposal to continue producing the Annual Report
and Annual Review as separate documents; and
b.
approved the proposal that as far as possible, text produced for the
Annual Review should be used within the management commentary
of the Annual Report.
Minutes
of
Previous
Meetings
CP
08-08
50.
The Board noted the minutes of the 5 December 2007 meeting of the NHS
Financial Management Advisory Group, without comment.
51.
The Board noted the minutes of the previous meetings without comment.
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National
Study:
Waste
Management
CP
24-08
52.
The Director of Studies presented to the Board the emerging findings of the study
assessing the local impact of the government’s implementation of the EU Landfill
Directive, through the Landfill Allowance Trading Scheme in England. The
forecasts within the presentation were fairly sensitive, although work was
underway to strengthen the evidence base. However, the sums involved were
potentially massive, with the risk of penalties and some £2 billion-worth of financial
incentives available to local authorities to invest in waste disposal systems.
Issues around predicting waste, long-term contracts, and managing partnership
added to the risks. The situation was complex and there were many industry
experts, but part of this study’s aim would be to translate some of these issues
into straightforward information for councils and central government.
53.
The Board noted the emerging key messages, and made the following comments
and suggestions:
[Section 36(2)(b)(ii)]
54.
The Board:
a.
commented on the draft key messages and findings in the slide
pack; and
b.
delegated authority to the Chief Executive to approve the study
report for publication.
National
Study:
Children’s
Trusts
CP
25-08
55.
The MD, Policy Research and Studies and the Head of Studies presented to the
Board the emerging findings of the study on the governance and accountability
arrangements for Children’s Trusts. The study identified how local partners were
building stronger networks and using the
Every Child Matters framework to
improve the organisation and management of trusts, but also raised issues around
the quality and consistency of guidance that was received from central
government.
56.
Most areas would have achieved the establishment of some sort of Trust
arrangement by April 2008, but this was driven more by
Every Child Matters,
rather than the Trust agenda. Most key partners were represented although the
voluntary sector felt under-represented. Overall, practice was varied and even
where sound arrangements were in place, financial constraints were the main
barriers to effective working. Joint commissioning and aligned budgets would
help, but needed to be more ambitious.
57.
The Board was asked to consider how the study and report might best position
itself to be effective. The Board noted the emerging key messages, and made the
following comments and suggestions:
[Section 36(2)(b)(ii)]
58.
The Board:
a.
commented on the draft key messages and findings;
b.
commented on proposals for securing impact; and
c.
delegated authority to the Chief Executive to approve the full report
for publication.
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Information Bulletin / Speaking Engagements
CP 26-08 and CP 27-08
59.
The Board noted the Information Bulletin and the Chairman’s recent speaking
engagements.
60.
The Board noted the Information Bulletin and Chairman’s speaking
engagements without comment.
Any Other Business
Verbal
61.
There were no further items of business.
Date of next meeting
62.
The next Board meeting and Away day would take place on Wednesday 23 and
Thursday 24 April 2008, at the Haycock Hotel, Wansford, near Peterborough.
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