Minutes of meeting
Renfrewshire Council · 22 January 2024
Back to Audit, Risk and Scrutiny Board — 22 January 2024 and its agenda
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Minute of Meeting Audit, Risk and Scrutiny Board Date Time Venue Monday, 22 January 2024 15:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Present: Councillor Andy Doig, Councillor Chris Gilmour, Councillor John Gray, Councillor Lisa-Marie Hughes, Councillor Robert Innes, Councillor James MacLaren, Councillor Janis McDonald, Councillor Kevin Montgomery Chair Councillor Andy Doig, Convener, presided. In Attendance J O’Neill, Director of Children’s Services; A MacArthur, Director of Finance & Resources; L McIntyre, Head of Policy & Partnerships, A Morrison, Head of Economic & Development Services, R Smith, Climate Emergency Lead Officer and Lead Officer for Neighbour Disputes and L McGuiness, Communications Business Lead (Transformation) (all Chief Executive’s); J Calder, Head of Education/Interim Education Officer (Children’s Services); G Hannah, Head of Climate Change, Public Protection & Roads (Environment, Housing & Infrastructure); and C McCourt, Head of Finance & Procurement, M Boyd, Head of People & Organisational Development, M Conaghan, Head of Corporate Governance, P Murray, Head of Digital, Customer & Transformation Services, A McMahon, Chief Auditor, K Campbell, Assistant Chief Auditor, E Shields, Strategic Service Delivery Manager, A Black, Managing Solicitor (DPO), C MacDonald, Senior Committee Services Officer and D Cunningham, Committee Services & Licensing Officer (all Finance & Resources). Also in Attendance A Kolodziej, Senior Manager, Azets. Apology Councillor Jennifer Adam.
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Webcasting of Meeting Prior to the commencement of the meeting the Convener intimated that this meeting of the Board would be filmed for live or subsequent broadcast via the Council's internet site. Declarations of Interest and Transparency Statements There were no declarations of interest or transparency statements intimated prior to the commencement of the meeting. 1 Summary of Internal Audit Reports for period 01 October to 31 December 2023 There was submitted a report by the Chief Auditor relative to the requirement in terms of the Public Sector Internal Audit Standards (PSIAS) that Internal Audit communicated the results of each engagement to the Board. The appendix to the report detailed the category of assurance, service, assurance rating and gave recommended risk ratings for each engagement as either critical, important, good practice or service improvement. A summary of findings was also provided in relation to final reports issued for those engagements completed during the period 1 October to 31 December 2023. The report intimated that in addition to the reports listed in the appendix, Internal Audit had an ongoing commitment to arrange corporate and service initiatives, progress information security matters in partnership with ICT and Legal Services, provide regular advice to officers, provide Internal Audit services to the associated bodies for which Renfrewshire Council was the lead authority and to OneRen and Renfrewshire Health & Social Care Integration Joint Board, co-ordination of the Council’s Corporate Risk Management activity and management of the Counter Fraud, Risk Management and Insurance team. It was agreed that further information relating to payroll overpayments and planning processes would be circulated to members after the meeting. DECIDED: (a) That further information relating to payroll overpayments and planning processes would be circulated to members after the meeting; and (b) That the summary of Internal Audit findings report finalised during the period 1 October to 31 December 2023 be noted.
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2 Internal Audit and Counter Fraud Progress and Performance for Period to 31 December 2023 There was submitted a report by the Chief Auditor relative to Internal Audit and Counter Fraud performance between 1 October and 31 December 2023 in terms of the delivery of the Audit Plan for the year and outlining actual performance against targets set by the Director of Finance & Resources. No formal performance targets for fraud investigation had been established as a major part of the team’s work involved being the single point of contact for the Department for Work and Pensions (DWP) Single Fraud Investigation Service and the Service Level Agreement for the work contained time targets for completing this work. It was noted that the types of fraud referrals received to date were wide-ranging and that the team’s objective was to concentrate on investigating those referrals considered to contain the greatest fraud risk. The report also detailed the progress made against local and national initiatives involving Internal Audit and the Counter Fraud Team during the period and advised that the Internal Audit Team and the Counter Fraud Team were currently working on a hybrid basis and were undertaking home/site visits when the need arose. DECIDED: That the Internal Audit and Counter Fraud Team progress and performance from 1 October to 31 December 2023 be noted. 3 Dargavel Primary School Independent Review recommendations – actions monitoring report Under reference to item 9 of the Minute of the meeting of this Board held on 6 November 2023, there was submitted a monitoring report by the Chief Executive relative to Dargavel Primary School. The report advised that as part of the Council’s wider governance arrangements, it had been agreed that the Audit, Risk and Scrutiny Board would monitor the actions identified by the Council and the progress achieved in addressing the requirements of the independent review. The report noted that a total of 24 actions were complete, 12 were on track to be completed and three had not yet commenced. The report intimated that Council had been advised that the Controller of Audit had decided to use the reporting powers available to her under Section 102 (1) of the Local Government (Scotland) Act 1973 to bring this issue, and the action the Council was now taking in response to the Bowles report, to the attention of the Accounts Commission. The report was published on the Accounts Commission website on 4 January 2024 in advance of the Commission meeting on 11 January, where the report had been considered. It was noted that the Commission would inform the Council in due course of any findings it had made in relation to the report. The Board was advised that there was a typographical error on the second page of the appendix at the last indicator (Update Edge Analytics Modelling), where the target completion date should have read January 2024 and not January 2023.
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It was agreed that going forward the model for school sizes would be made available to the public on the Council’s website. It was also agreed that a report would be submitted to the Board at a future date scrutinising and reviewing the process of the Community Pulse survey which would be carried out in April/May 2024. DECIDED: (a) That it be noted that there was a typographical error on the second page of the appendix at the last indicator (Update Edge Analytics Modelling), where the target completion date should have read January 2024 and not January 2023; (b) That it be agreed that the model for school sizes would be made available to the public on the Council’s website. (c) That it be agreed that a report would be submitted to the Board at a future date scrutinising and reviewing the process of the Community Pulse survey which would be carried out in April/May 2024. (d) That the update provided within the report and the Appendix in relation to the Council’s response actions be noted. 4 Scottish Information Commissioner – Annual Report There was submitted a report by the Director of Finance & Resources relative to the Scottish Information Commissioner’s Annual Report for 2022/23. The report intimated that the Freedom of Information (Scotland) Act 2002 (FOISA) created a general right to obtain information from any designated Scottish public authority subject to limited exemptions. It was noted that in total there had been 83,918 FOI requests in Scotland in 2022/23 which was an increase on 73,983 from the previous year. Renfrewshire Council received 1,495 FOI requests in 2022/23 compared to 1,258 during 2021/22. Across Scotland 0.6% of requests resulted in a requirement for review. The Council received 16 requirements for review in 2022/23 compared to 25 the previous financial year. The report advised that the Council had received one valid appeal for 2022/23 and a decision was still awaited from the Commissioner. The report advised that the low level of requirement for review compared to the volume of requests processed by the Council indicated that the Council continued to manage its responsibilities well. DECIDED: (a) That the content of the Scottish Information Commissioner’s annual report be noted; and (b) That the information on the number of FOI requests, reviews and appeals involving the Council as indicated in paragraph 3 of the report be noted.
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5 Scottish Public Services Ombudsman (SPSO) Annual Report 2022/23 There was submitted a report by the Director of Finance & Resources relative to the Scottish Public Services Ombudsman's (SPSO) Annual Report 2022/23. The report intimated that the SPSO was the final stage for complaints about Councils, the National Health Service, housing associations, colleges, universities, prisons, most water providers, the Scottish Government and its agencies and departments and most Scottish authorities. Most complaints received by the SPSO related to the health sector with the local authority sector receiving the second highest number. No complaint details for specific organisations were included in the report. However, information was received separately from the SPSO relative to Renfrewshire Council which indicated that the number of complaints received by the SPSO was 35 compared with 43 in 2021/22. The report noted that of the 35 complaints determined during the period, 22 were completed at the early resolution stage, 13 reached the advice stage and none had progressed to investigation. The SPSO would not generally consider a complaint unless the complainer had gone through the Council's complaints procedure fully. In 2022/23 the Council received 9,155 complaints compared with 9,193 in 2021/22. DECIDED: (a) That the Annual Scottish Public Services Ombudsman report for 2022/23 be noted; and (b) That it be noted of the 35 complaints against Renfrewshire Council determined by the SPSO in 2022/23 none went to public investigation. 6 Commissioner for Ethical Standards in Public Life in Scotland – Annual Report 2022/23 There was submitted a report by the Director of Finance & Resources relative to the annual report by the Commissioner for Ethical Standards in Public Life in Scotland for 2022/23. The report provided details of the investigation of complaints about the conduct of councillors, members of devolved public bodies and MSPs and scrutiny of Scotland's Ministerial public appointments process. The report advised that Ian Bruce had been appointed by the Scottish Parliament as Commissioner for a six-year period from 1 March 2023, following his temporary appointment on 20 April 2021. Revised governance arrangements had been introduced, transparency reporting was reinstated and a new rolling biennial business plan covering all of the Commissioner’s office functions had been rolled out. Nationally during 2022/23 the Commissioner received a total of 156 complaints, compared with 330 in 2021/22. The subject matter of the complaints was detailed in the report, however, it was highlighted that the largest category of complaints related to disrespect toward employees/public. No specific figures relative to Renfrewshire
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Council were included in the Commissioner’s report. However, information had been received separately from the Commissioner that, during the period covered by the report five complaints were received regarding Renfrewshire Council in 2022/23. Two of these related to disrespect towards the public/council employees, one related to disrespect towards other councillors and two other complaints related to general disrespect and a conflict of interest. The report noted that two of the complaints were dismissed at the admissibility stage and did not progress to investigation. Two of the complaints progressed to investigation where the Commissioner found the Councillors had not breached the Code of Conduct and the fifth complaint is still under an open investigation. The report advised that the Head of Corporate Governance had delivered an annual update to Members on the Code of Conduct/Standards Commission, on 16 August 2023, as part of the Council's programme of events and Councillor development opportunities. DECIDED: (a) That the 2022/23 annual report by the Commission for Ethical Standards in Public Life in Scotland be noted; and (b) That the actions taken in Renfrewshire in relation to the Code of Conduct and Members' development opportunities be noted. 7 Neighbour Disputes - Lead Officer Roz Smith Under reference to item 5 of the Minute of the meeting of this Board held on 22 August 2022, there was submitted a report by the Lead Officer relative to the Board's review of Neighbour Disputes. The report advised of an updated timetable for the investigation; detailed a progress update; highlighted general neighbour disputes, anti-social behaviour, mediation and conflict resolution services; advised of the process of noise monitoring and multi- agency meetings; and advised of the next steps. It was agreed that further information relating to number of anti-social orders; number of mediation referrals; current waiting time for the MATRON domestic noise assessment system; and evidence from the app being admissible in the law courts would be included in the next report to the Board. DECIDED: (a) That further information relating to number of anti-social orders; number of mediation referrals; current waiting time for the MATRON noise assessment system; and evidence from the app being admissible in the law courts would be included in the next report to the Board; (b) That the progress contained within the report be noted; and (c) That the updated timescale as outlined in Section 4 of the report be approved.