Meeting documents

Cabinet
Wednesday, 7th June, 2006

Bath & North East Somerset Council

MEETING:

Council Executive

DATE:

On 7 June 2006

PAPER NUMBER

17

TITLE:

Statement on Internal Control & Corporate Governance

EXECUTIVE FORWARD PLAN REFERENCE:

   

EWP

01363

RP

WARD:

All

AN OPEN PUBLIC ITEM

List of attachments to this report:

APPENDIX 1 - Position Statement - SIC 2004/5 Significant Issues

APPENDIX 2 - Position Statement - SIC 2004/5 Other Issues

APPENDIX 3 - Review 2005/6 - Provisional Significant Issues

1 THE ISSUE

1.1 The Accounts and Audit Regulations 2003 introduced a new requirement for local authorities to produce an annual Statement on Internal Control (SIC). This statement must be signed by the Leader of the Council and Chief Executive and included within the Council's Statement of Accounts which are subject to External Audit.

1.2 To enable a Statement to be produced, a review of the Council's system of internal control must be carried out. The 2005/6 review has followed the methodology used to inform the 2004/5 Statement.

1.3 This report records the findings of the 2005/6 review to date.

2 RECOMMENDATION

The Council Executive is asked to:

2.1 Note the progress on the 2004/5 Statement on Internal Control (Appendices 1 & 2).

2.2 Confirms it has considered the reported issues and recommends that the Leader of the Council and Chief Executive sign the Statement on Internal Control 2005/06 which will include those significant issues contained in Appendix 3 to this report.

3 FINANCIAL IMPLICATIONS

3.1 There are no direct financial implications relevant to this report. However, the implementation of some of the actions related to the issues may have financial implications, for example Business Continuity Management actions. If this is the case these will be brought back to the Executive as appropriate.

4 THE REPORT

Background

4.1 The Accounts and Audit Regulations 2003 have established requirements related to systems of internal control, and the review and reporting of those systems. Specifically it says:

"The relevant body shall be responsible for ensuring that the financial management of the body is adequate and effective and that the body has a sound system of internal control which facilitates the effective exercise of that body's functions and which includes arrangements for the management of risk.

The relevant body shall conduct a review at least once in a year of the effectiveness of its system of internal control and shall publish a statement on internal control....prepared in accordance with proper practice".

4.2 The internal control environment is designed to:

D8 Establish and monitor the accomplishment of the Council's objectives.

D8 Ensure compliance with policies, procedures, laws and regulations.

D8 Ensure reliability and integrity of information.

D8 Ensure the efficient and effective use of resources.

D8 Safeguard the tangible and intangible assets of the Council.

4.3 The Authority has also approved and adopted a code of corporate governance, which is consistent with the principles and reflects the requirements of the CIPFA/SOLACE framework `Corporate Governance in Local Government: A Keystone for Community Governance'.

4.4 Corporate Governance is defined as `the system by which local government directs and controls its functions and relates to its communities'.

4.5 The overriding principles which were adopted by this Council are:

`Openness'

`Equality'

`Accountability'

`Honesty'

`Integrity'

Content of the Annual Statement

4.6 The statement will include details of the process and what constitutes Corporate Governance and the Internal Control environment and at the end includes an Action Plan of significant internal control issues and our plans to address them.

4.7 Authorities are required to exercise judgement in deciding whether or not a particular issue is a `significant internal control issue', however the following are provided as factors to make that judgement:

a) The issue has seriously prejudiced or prevented achievement of a principal objective.

b) The issue has resulted in a need to seek additional funding to allow it to be resolved, or has resulted in significant diversion of resources from another aspect of the business.

c) The issue has led to a material impact on the accounts.

d) The audit committee, or equivalent, has advised that it should be considered significant for this purpose.

e) The Head of Internal Audit has reported on it as significant, for this purpose, in the annual opinion on the internal control environment.

f) The issue, or its impact, has attracted significant public interest or has seriously damaged the reputation of the organisation.

g) The issue has resulted in formal action being taken by the Chief Financial Officer and/or the Monitoring Officer.

Findings

4.8 The SIC methodology was agreed by Directors Group in March 2005. It consists of seeking assurance from 5 key areas using a CIPFA/IPF set of matrices which covered every aspect of the Internal Control environment. This ensures the process is robust and meets best practice.

4.9 The review has been carried out at `desktop' level by the Audit and Risk Management Service, with the exception being the Senior Management Assurance questionnaires which have gone to Statutory Officers, Other Directors, Heads of Service & Senior Managers and Project Managers.

4.10 The review for 2005/6 has taken into account the issues identified during the 2004/5 review and progress in implementing actions. A Position Statement in relation to those significant issues recorded in the 2004/5 Statement is attached (Appendix 1). To ensure completeness of reporting, a position statement in relation to the `Other Issues' reported for 2004/05 is also attached (see Appendix 2).

4.11 Issues identified during the 2005/6 review have been considered against the factors recorded in Section 4.7 above. This has resulted in a provisional listing of `Significant' Issues for 2005/06 (see Appendix 3).

4.12 The evidence used to draft these two listings is available for inspection by the Council's External Auditors.

5 RISK MANAGEMENT

5.1 A risk assessment related to the issue and recommendations has been undertaken, in compliance with the Council's decision making risk management guidance. The Statement on Internal Control is a key component of the Council's risk management framework.

6 RATIONALE

6.1 The Statement on Internal Control represents good governance practice in its own right as well as being a statutory requirement.

7 OTHER OPTIONS CONSIDERED

7.1 None

8 CONSULTATION

8.1 Consultation was carried out with Directors Group at its meeting on 15th May 2006. The report has been approved by the Monitoring Officer and the Council's Section 151 Officer.

Contact person

Andy Cox 01225 477316

andy_cox@bathnes.gov.uk

Jeff Wring 01225 477323

Jeff_wring@bathnes.gov.uk

Background papers