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Agenda Document Pack - Corporate Committee - 07/11/2023

Moray Council · 7 November 2023
Back to Corporate Committee — 7 November 2023 and its agenda

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Corporate Committee 
Tuesday, 07 November 2023 
NOTICE IS HEREBY GIVEN that a Meeting of the Corporate Committee is to be
held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on
Tuesday, 07 November 2023 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Resolution
Consider, and if so decide, adopt the following resolution:
"That under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for Items 15 and 16 of
business on the grounds that it involves the likely disclosure of exempt
information of the class described in the relevant Paragraphs of Part 1
of Schedule 7A of the Act.”   
4. Minutes 
4a. Minute of the meeting of 29 August 2023 7 - 14
4b. Minutes of Special Meeting of 4 October 2023 15 - 18
5. Written Questions ** 
6. Best Value Progress Report
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
19 - 26
7. Improvement and Modernisation Programme Update
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
27 - 76
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8. Complaints Annual Report 2022-23
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
77 - 94
9. Information Governance Annual Report 2023
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
95 -
118
10. Performance Report - Financial Services  Period to
September 2023
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
119 -
124
11. Performance Report - Governance, Strategy and
Performance - Period to September 2023
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
125 -
130
12. Performance Report - HR ICT and OD Period to
September 2023
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
131 -
136
13. Trust Properties in Elgin
Report by Depute Chief Executive (Economy, Environment and
Finance)  
137 -
142
14. Question Time ***
Consider any oral question on matters delegated to the Committee in
terms of the Council's Scheme of Administration. 
Item(s) which the Committee may wish to consider with
the Press and Public excluded   
15. Longmore Hall Report [Para 9]
• 9. Information on terms proposed or to be proposed by or to the
Authority; 
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16. Review of Rent Rebate [Para 4 and 9]
• 4. Information relating to any applicant or recipient of any financial
assistance provided by the Authority;
• 9. Information on terms proposed or to be proposed by or to the
Authority; 
Summary of Corporate Services Committee functions:
To regulate, manage and monitor the finances of the Council both
capital and revenue; to deal with staffing policies and practices other
than for teaching staff; to deal with equal opportunities policies and
practices; to deal with procurement policies and priorities; to deal with
all matters relating to the Council’s duty to initiate, maintain and
facilitate Community Planning; to ensure that the organisation,
administrative and management processes of the Council are designed
to make the most effective contribution to achieving the Council’s
objectives; to provide all central support services; to exercise the
functions of the Council in connection with the Registration of Births,
Deaths and Marriages; to deal with valuation and electoral registration
matters.     
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee has started on the relevant item of business, except with
the consent of the Chair.  If a Member does not have the opportunity to put a
supplementary question because no time remains, then he/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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MORAY COUNCIL 
Corporate Committee 
SEDERUNT 
Councillor Bridget Mustard  (Chair)
Councillor Kathleen Robertson  (Depute Chair)  
Councillor Theresa Coull  (Member)
Councillor John Cowe  (Member)
Councillor John Divers  (Member)
Councillor Amber Dunbar  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor Sandy Keith  (Member)
Councillor Graham Leadbitter  (Member)
Councillor Marc Macrae  (Member)
Councillor Paul McBain  (Member)
Councillor Shona Morrison  (Member)
Councillor Derek Ross  (Member)
Councillor John Stuart  (Member)
Councillor Draeyk Van Der Horn  (Member)  
Clerk Name: Tracey Sutherland
Clerk Telephone: 07971 879268
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Corporate Committee 
Tuesday, 29 August 2023 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor
Amber Dunbar, Councillor Jérémie Fernandes, Councillor Sandy Keith, Councillor
Graham Leadbitter, Councillor Marc Macrae, Councillor Paul McBain, Councillor
Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson,
Councillor Derek Ross, Councillor John Stuart, Councillor Draeyk Van Der Horn 
IN ATTENDANCE 
The Chief Executive, Depute Chief Executive (Economy, Environment and
Finance), Depute Chief Executive (Education, Communities and Organisational
Development), Chief Financial Officer, Head of Governance Strategy and
Performance,  Head of HR, ICT and Organisation Development, Acting Head of
Education Resources and Communities, Payments Manager, Taxation Manager,
and Lindsey Robinson, Committee Services Officer. 
Councillor Bloomfield was in attendance for item 8. 
1.         Chair 
Councillor Bridget Mustard, as Chair of the Corporate Committee, chaired the
meeting. 
2.         Welcome 
The Committee joined the Chair in welcoming Councillor Van der Horn to his first
meeting of the Corporate Committee. 
3.         Declaration of Group Decisions and Members Interests * 
In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct,
Councillor Van der Horn declared an interest in Agenda Item 18 – Common Good
Site in Forres - as he had a party connection with one of the trustees.  However
following advice from the Monitoring Officer he stated that he had not discussed
the item with anyone and felt it did not preclude him from sitting in on the
consideration of the item.  
There were no further declarations from Group Leaders or Spokespersons in
regard to any prior decisions taken on how Members will vote on any item on the
agenda or any declarations of Member’s interests in respect of any item on the
agenda. 
4.         Resolution 
Item 4a.
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The meeting resolved that under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media representatives be
excluded from the meeting for Item 18 of business on the grounds that it involves
the likely disclosure of exempt information of the class described in relevant
Paragraphs of Part 1 of Schedule 7A of the Act. 
Paragraph Number
of Minute
Paragraph Number of Schedule 7a and Reason 
21
4 - Information relating to any applicant or recipient of any
financial assistance provided by the Authority.
and
9 - Information on terms proposed or to be proposed by or
to the Authority 
5.         Vary Order of Business 
In terms of Standing Order 29 the meeting agreed to vary the order of business set
down on the agenda and take item 13 – Armed Forces Covenant Update as the
first report after item 5 on the agenda to allow Councillor Bloomfield to speak to the
report. 
6.         Minute of meeting of 13 June 2023 
The minute of the meeting held 13 June 2023 was submitted and approved. 
7.         Written Questions ** 
The Committee noted that no written questions had been submitted. 
8.         Armed Forces Covenant Update 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) providing an update to the
Committee on the progress made in supporting the armed forced community in
Moray through the Armed Forces Covenant.  
Councillor Bloomfield addressed the Committee in his role as Armed Forces
Champion and gave an overview of the Armed Forces Covenant.  
Following consideration the Committee unanimously agreed to: 
i. note the progress being made in delivering the Armed Forces Covenant;
and 
ii. acknowledge the significant achievement in Moray Council receiving the
Ministry of Defence Gold Employer Recognition status. 
Councillor Bloomfield left the meeting at this juncture.  
9.         Revenue Budget Monitoring to 30 June 2023 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) advising the Committee of the revenue budget
monitoring position to 30 June 2023.
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Following consideration the Committee unanimously agreed to note: 
i. the budget monitoring position of £867,000 under budget for 2023/24 as at
30 June 2023; 
ii. that the position consists of an underspend on Devolved School budgets of
£448,000, an underspend of £747,000 on Environmental and Commercial
Services, an overspend on Social Care services delivered on behalf of the
Moray Integration Joint Board of £985,000 and an underspend on other
services of £380,000; 
iii movement of a £162,000 decrease in the General Revenue Grant, as
detailed in paragraph 3.4; 
iv. the emerging budget pressure noted in paragraph 6.3 for Bus Revolution,
required to match the agreed business plan. 
The Committee further unanimously approved the use of ear-marked reserves for
Covid of £74,000 as detailed in paragraph 6.3.  
10.         Capital Plan 2023-24 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) advising the Committee of expenditure to 30 June 2023
under the capital plan for financial year 2023/24 and of estimates of projected
expenditure profiled into quarters.  
Following consideration the Committee unanimously agreed to: 
i. note the expenditure to 30 June 2023 of £2,761,000; 
ii. note the current plan, prior to amendment of £72,681,000 for 2023/24
based on approved expenditure adjusted for known differences in planned
expenditure which have been identified to date, profiled into quarters, as
set out in Appendix 1; 
iii. note the projected overall expenditure for the projects spanning more than
one financial year, as set out in Appendix 2; and 
iv. approve amendments to the 2023/24 and 2024/25 capital plan as detailed
in section 6.1 of the report. 
11.         Proposed Self Catering Unit Transfer Policy 
The meeting had before it a report by the Depute Chief Executive (economy,
Environment and Finance) asking the Committee to consider the Council's policy
for dealing with units removed by the Assessor from the Valuation Roll for non-
conformity with the legislative test.  
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Following consideration the Committee unanimously agreed to approve a policy
that the Council does not exercise a discretionary power permitting it to request
that in exceptional circumstances the Assessor retains in the Valuation Roll any
self-catering unit which does not conform to the legislative requirement of being
available for let for 140 days per year and actually let for 70 days per year. 
12.         Common Good Funds - Summary Expenditure for 2022-23 and
Estimates Disposable Income for 2023-24 
The Committee had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) informing the Committee of the final position of
Common Good Funds at 31 March 2023 and the estimated income available for
disbursement in 2023/24. 
Following consideration the Committee unanimously agreed: 
i. to note the disbursements approved for 2022/23 for each of the Common
Goods Funds shown in Appendix 1;   
ii to approve the carry forward of the undisbursed balances for 2022/23 for
the Buckie, Cullen, Dufftown, Elgin, Forres, Portknockie, Keith and
Findochty Funds to be made available in 2023/24; 
iii. the estimated income available for disbursement in 2023/24 shown in
Appendix 1; 
iv. to note the Balance Sheet for each Common Good at appendix 2; 
v. to note the Common Good Fund asset register at Appendix 3; 
vi. to advance notice being given to Ward Members when expenditure is to be
applied to the Common Good Fund; and 
vii. to undertake a training session on Common Good Funds and Trusts. 
13.         Procurement Annual Report for 2022-23 and Procurement Strategy
2023-26 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) providing the Committee with an update report on
Procurement activity in Moray and in particular on procurement performance for
2022/23 and seeking Committee approval of the Strategy for 2023/26 and the
Procurement Action Plan for 2023/24.  
Following consideration the Committee unanimously agreed to: 
i. note the overall procurement performance for 2022/23 set out in the Annual
report in Appendix 1 and summarised in Section 4 of the report; 
ii approve extending the current one year Strategy to three years (2023 –
2026) outlined in Section 3.3 of the report; and 
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iii approve the Strategy and Procurement Action Plan set out in Appendices 2
and 3 and summarised in Section 5 of the report. 
14.         Trust Funds - Summary Expenditure for 2022-23 and Estimates
Disposable Income for 2023-24 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) informing the Committee of the disbursements made
form Trusts in 2022/23 and the estimated disposable income available for
disbursement in 2023/24.  
Following consideration the Committee unanimously agreed: 
i. to note the disbursements made from each of the Trust Funds in 2022/23,
shown in Appendix 1; and 
ii. the estimated income available for disbursement in 2023/24, shown in
Appendix 2. 
15.         Draft Allotment Regulations - Public Consultation 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
requirement to make allotment site regulations and seeking Committee approval
for public consultation on the draft Allotment Regulations, set out in Appendix 1 in
accordance with the Council's duties under Part 9 of the Community
Empowerment (Scotland) Act 2015.   
Councillor Van der Horn sought clarification on the wording in paragraphs 7.5.2,
7.6 and 7.7 and provided alternative wording as follows: 
"First line of control is good practice in cultivation methods, cultivar/plant selection,
garden hygiene and encouraging natural predators.  Chemical control should only
be used in a minimal, highly targeted manner as a last resort in consultation with
the Allotment Association."  
Adjournment
The Chair proposed a short adjournment to allow the new wording to be circulated
to Members.  
Resumption of meeting
Following a short adjournment it was agreed that officers would add in the
additional wording prior to the public consultation.  
Thereafter the Committee unanimously agreed to: 
i. approve in principle the draft Allotment Regulations set out in Appendix 1; 
ii. Officers carrying out a public consultation on the draft Allotment
Regulations, in accordance with the Council’s duties under Part 9 of the
Community Empowerment (Scotland) Act 2015; and 
iii note that a report will be brought back to this Committee after the public
consultation with details of any representations made together with a
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proposed final version of proposed Allotment Regulations, for consideration
and approval; and 
iv. Insert the additional wording at Section 7: 
First line of control is good practice in cultivation methods, cultivar/plant
selection, garden hygiene and encouraging natural predators.  Chemical
control should only be used in a minimal, highly targeted manner as a last
resort in consultation with the Allotment Association 
16.         ICT and Digital Strategy and Plan 2023-2026 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
progress made against the current Information and Communications Technology
(ICT) and Digital Strategy and Plan and asking Committee to consider the revised
Strategy and Plan for the period 2023-2026.  
Following consideration the Committee unanimously agreed to: 
i. note the progress made against the 2020-23 ICT Plan at Appendix 1; and 
ii. approve the ICT and Digital Strategy 2023-2026 at Appendix 2. 
17.         Corporate Risk Register 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) providing the Committee with a
copy of the Council's recently updated Corporate Risk Register.  
Following consideration the Committee unanimously agreed to defer consideration
of this item to enable officers to engage with Members and look at the frequency of
reporting. 
18.         Information Reports - if called in 
The Committee noted that no information reports had been called in. 
19.         Question Time *** 
Culture Working Group
Under reference to paragraph 15 of the minute of the meeting of this Committee
dated 13 June 2023, Councillor Divers sought an update on the Culture Working
Group report to be provided by the Chief Executive.  
In response the Chief Executive advised that there had been an overlap between
that report and the Corporate Risk Register and that a report will be brought to the
November meeting of this Committee or to Moray Council. 
Recouping costs on Portacabins  
Councillor Ross sought clarification as to the position of the Council in recouping
the costs of the Early Learning Childcare units or selling these on.  
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In response the Depute Chief Executive (Economy, Environment and Finance)
advised that the Head of Housing and Property Services had been in conversation
with some local companies and that she would circulate an update to Members.  
Clarification on Valuations
Councillor Van der Horn sought clarification on valuations and whether they were
likely to alter now that issues such as Community Wealth Building, Wellbeing,
Resilient Communities, Biodiversity and Food Security were being looked at more
closely.  
In response the Head of Governance, Strategy and Performance advised that the
Council had a duty to obtain the best price possible, and rely on professional
surveyors for this.  In certain areas, such as Community Asset Transfers, social
value is taken into account instead of monetary value.  
Eco-bus Launch
Councillor Fernandes sought clarification on behalf of a constituent as to why so
many people had to drive to Speyside to launch an Eco-bus.  
Councillor Macrae advised that the location was changed to fit in with the Cabinet
Secretary visit to the area.  
The Chief Executive further advised that there was no protocol as to who was
invited and how they travel, it is on a case by case basis, and that shared pool cars
had been used for journey. 
20.         Suspension of Standing Orders 
In terms of Standing Order 85, the meeting agreed to suspend Standing Order 77
and continue beyond 12.45pm in order to conclude consideration of the final item. 
21.         Common Good Site in Forres [Para 4 and 9] 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) inviting the Committee to consider options in relation to
an application to vary the lease terms in respect of land at Bogton Road, Forres,
held on a potentially inalienable Common Good title.  
During consideration Councillor Robertson, seconded by Councillor McBain,
moved that Option A1 and B1 should be considered.  
Councillor Van der Horn moved an amendment that options A2 and B2 should be
the preferred options and this was seconded by Councillor Leadbitter.  
On the division there voted: 
Motion (8) Councillors Robertson, McBain, Cowe, Dunbar, Keith,
Macrae, Mustard and Ross
Amendment (6) Councillors Van der Horn, Leadbitter, Coull, Divers, Morrison
and Stuart
Abstention (1) Councillor Fernandes  
Accordingly the motion became the finding of the meeting and the Committee
agreed: 
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i. Option A1 - reject the rent rebate application entirely; and
ii. Option B1 - reject the request to remove the option to resume possession.   
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MORAY COUNCIL 
Minute of Special Meeting of the Corporate Committee 
Wednesday, 4 October 2023 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor
Amber Dunbar, Councillor Jérémie Fernandes, Councillor Sandy Keith, Councillor
Graham Leadbitter, Councillor Marc Macrae, Councillor Paul McBain, Councillor
Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson,
Councillor Derek Ross, Councillor John Stuart, Councillor Draeyk Van Der Horn 
IN ATTENDANCE 
The Chief Executive, Depute Chief Executive (Economy, Environment and Finance),
Depute Chief Executive (Education, Communities and Organisational
Development), Head of Governance, Strategy and Performance, Democratic
Services Manager and Caroline O'Connor, Committee Services Officer.   
1.         Chair 
The meeting was chaired by Councillor Bridget Mustard.  
2.         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Member’s interests in respect of any item on the agenda.  
3.         Resolution 
The meeting resolved that under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media representatives be excluded
from the meeting for Item 6 of business on the grounds that it involves the likely
disclosure of exempt information of the class described in relevant Paragraphs of Part
1 of Schedule 7A of the Act. 
Paragraph Number of
the Minute Paragraph Number of Schedule 7A
6
Para 1
Information relating to Staffing Matters 
Para 9
Information on terms proposed or to be proposed by or to
the Authority 
Item 10
Item 4b.
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Information relating to the identity of the Authority as the
person offering any particular tender for a contract 
4.         Corporate Risk Register 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) providing the Committtee with an
update on the Council's Corporate Risk Register.  
Councillor Mustard moved that Committee agree to quarterly reporting to Committee
on the 4 risks which have a score of 20 to enable Committee to address issues along
with Officers and should Committee agree this be reviewed in 6 months.  
Councillor Van Der Horn sought clarification on why the risks above 16 were not being
included.  
In response, the Chief Executive confirmed that the intention was for the Corporate
Risk Register to be more dynamic and it was felt that reporting on risks 20 or above
was hoped to be striking a manageable balance.  
The Head of Governance, Strategy and Performance further added that he had
discussed the issue with Internal Audit and it had been confirmed that the 3 monthly
updates would be for the risks 20 and over, however the update would include all risks
and would allow members the opportunity to seek assurances on all risks not just the
ones identified as high.  
On the assurances of both the Chief Executive and the Head of Governance, Strategy
and Performance, Councillor Van der Horn confirmed he was happy to accept the
recommendation moved by Councillor Mustard.  
Following further consideration and there being no one otherwise minded the
Committee unanimously agreed to:  
i) approve the updated Corporate Risk Register dated September 2023 attached
as Appendix 2 to this report; and    
ii)  quarterly reporting to Committee on the 4 risks which have a score of 20 to
enable Committee to address issues along with Officers; and    
iii)  review the frequency of reporting in 6 months time.    
5.         Workforce Culture 
The meeting had before it a report by the Chief Executive informing the Committee of
the findings of the Chief Executive into the existing frameworks and options available
to facilitate engagement between Elected Members, Chief Officers and recognised
Trade Unions on matters of mutual interest in relation to workforce culture.  
Councillor Mustard informed the Committee of an error on Page 41 of the papers, the
Joint Consultative Committee has 7 Elected Members and not 10 as stated.  
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In introducing the report the Chief Executive confirmed that the preferred option in the
recommendations wold be 2.1 (ii) a.  
Following lengthy consideration the Committee unanimously agreed to:  
i) note the findings set out in para 3.5 and 3.6 of the report;    
ii) authorise the Chief Executive, in consultation with the Council Leader and Head
of HR, ICT and Organisational Development to establish, an arrangement of
informal but structured engagement between Elected Members, Chief Officers
and recognised Trade Unions on workforce culture; and    
iii) note the outputs of the Culture Working Group and to formally bring the Culture
Working Group to a close.  
Councillor Dunbar joined the meeting during the discussion of this item. 
6.         Best Value Progress Update [Para 1, 9 and 10] 
The meeting had before it a report by the Chief Executive recommending to Committee
how to take forward recommended actions to be added to the Best Value Assurance
Review Strategic Action Plan and to commence one recommendation in particular.  
Following consideration the Committee unanimously agreed to:  
i) note the 9 recommendations in the Briefing Note attached to this report
(Appendix 1);    
ii) authorise the Chief Executive, in consultation with the Council Leader to scope
and tender for the external support required by Recommendation 2 in the
Briefing Note;    
iii) note the other 8 recommendations in the Briefing Note will be integrated along
with the appropriate actions and activities into the Best Value Action Plan, which
will be reported to the scheduled meeting of this Committee on 7 November
2023;    
iv) support this work going forward, agree to authorise the re-engagement of the
external support previously commissioned; and    
v) homologate the action taken by the Chief Executive in consultation with the
Council Leader and the expenditure to date.     
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REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: BEST VALUE PROGRESS REPORT ON MORAY COUNCIL 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES
AND ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the latest progress on the Best Value
Assurance Review Strategic Action Plan relating to the 2019 review and
subsequent 2022 follow up report. 
1.2 To outline the actions to be taken to address the Best Value related
recommendations set out in paras 3.5 and 3.6 
1.3  This report is submitted to Committee in terms of Section 103E of the Local
Government (Scotland) Act 1973, as amended by the Local Government
(Scotland) Act 2003. 
2. RECOMMENDATIONS 
2.1 It is recommended that Committee: 
i) consider and note progress made on the Best Value Assurance
Report (BVAR) Strategic Action Plan shown in Appendix 1; and 
ii) note that the outcomes of the best value aspects of the 2023
annual audit report and the findings of the external adviser
supporting the council on cultural issues associated with best
value are being reviewed for future incorporation into the Best
Value Action Plan 
3. BACKGROUND 
BV Action Plan Progress Monitoring 
3.1 Reference is made to the report to the Moray Council on 29 June 2022
when the Council approved the updated Best Value Action Plan to continue
progress in response to the Best Value Audit and the follow up report (para
25 of the minute refers). 
Item 6.
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3.2 The report set out the background that had led to the most recent iteration
of the Improvement Plan and the positive progress that had been made in
reaching that point, as summarised below:   
i) A Best Value Audit of the Council took place in September 2019,
published in August 2020; 
ii) the Council agreed a plan of strategic actions in response in October
2020; 
iii) Further report by the Controller of Audit on the progress made by the
Council published February 2022; 
iv) the outcome of the follow up report was recognised that good
progress and that challenges remained in delivering the council’s
strategic priorities; 
v) Plan of action to address remaining areas agreed by Council in June
2022.  
3.3 On 25 April 2023, the Corporate Committee noted that since the Action
Plan was agreed many of the actions had progressed well and a number
had been concluded, albeit that in some cases timescales were more
protracted than originally planned (para 7 of the minute refers). Progress
has noted in: 
i) IMP project monitoring to CMT/SMT established and showing
progress across a number of projects and shifts from red/amber to
amber/green evidencing progress in maintaining pace; 
ii) Work on financial planning: hierarchical approach agreed,
assumptions revised and contributions to budget gap identified,
although gap remains; 
iii) Remit of Audit and Scrutiny Committee and Scrutiny Guide agreed; 
iv) Improve Education Attainment – range of work progressing, including 
finalisation of curriculum progressions (BGE), extension of
qualifications and accreditation in line with SCQF ambassador
programme (Senior Phase) and working in partnership with key
partners (SDS, DYW, ES) to progress work on learner pathways and
skills. 
3.4 Further progress has been made as noted in Appendix 1 and the majority
of actions are now completed.  There are 2 areas where work is ongoing
and both of these are part of ongoing significant work and it is proposed
that further reporting is as noted below: 
i) Financial Planning – there is significant work required and in progress to
address short, medium and long term financial planning.  This is
reported to the Council on a regular basis and a number of specific
reports will come forward in the next few months, including the report to
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the council on 25 October 2023 which proposed a range of savings for
consideration.  Active and challenging financial planning is likely to be
an ongoing core area of council work that will continue to be specifically
and regularly reported on to enable full consideration by the council of
the issues.  Therefore, it is proposed that this specific reporting is also
used to track progress for best value purposes although high level
reporting will continue through best value updates as attached. 
ii) Improve educational attainment – this is also a broad area of work that
is overseen in more detail by the Education Children’s and Leisure
Services Committee with regular reports on both broad general
education and senior phase achievement to that committee.  The final
action that requires to be concluded is an overall improvement in
attainment.  Current trends indicate year on year improvements in Broad
General Education Achievement of Curriculum for Excellence level data,
notable improvement in the Annual Participation Measure, positive initial
post-school leaver destinations against virtual comparator and
improvements in literacy and numeracy at SCQF level 4 and 5 overall
compared with virtual and national comparators.  Positive achievement
in line with Scottish Government Core Stretch Aims set for Senior Phase
leavers (1+ at SCQF level 5 and 1+ at SCQF level 6) has been realised
along with positive performance overall of S4 cohorts in particular
across a number of measures, against virtual and national
comparators.  Work continues towards improvement in educational
attainment across all schools, with revised and aspirational Stretch Aims
set and reported through our National Improvement Framework Plan
2023-2024 as part of Scottish Government and Education Scotland’s
framework for recovery and accelerating progress 2023. Ongoing
reporting and monitoring of attainment will continue through ECLS
Committee and it is proposed that this is also used to track progress for
best value purposes, including beyond the February 2024 date in the BV
action plan, although overview reporting will continue as above until that
point. 
3.5 As reported to the Council on 25 October 2023, changes have been made
to the Best Value Audit process and the audit is now integrated into the
annual audit process (para 8 of the draft minute refers).  A new annual
thematic focus to Best value reporting has also been introduced and is
summarised in the Annual Audit and Thematic Review Reports each year. 
This report has four recommended areas for improvement that were
reported to the Council at the above noted meeting: Community
participation (PB) in council budget; review of capital plan; annual self-
evaluation for continuous improvement and training of Audit and Scrutiny
members.  It was noted that work is already underway to address the
actions identified in the Thematic Review and that process will be reported
along with the wider Best Value action plan monitoring. In addition, there
are another seven Best Value recommendations in the Annual Audit (Wider
Scope section). 
3.6 At a special meeting of Corporate Committee on 4 October 2023 (para 6 of
the minute refers) received a report regarding work that had been
undertaken to advance the actions under the heading ‘Need for Clear and
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Decisive Leadership’.  The Committee supported the action going forward
in relation to one of the recommendations from that work and agreed that
the other eight recommendations in the Briefing Note will be integrated
along with the appropriate actions and activities into the Action Plan. 
3.7 The summary action plan and progress monitoring at Appendix 1 now has
a heading to incorporate future reporting on the above recommendations. 
These require to be developed into specific measurable actions with plans
and timescales in order to be advanced and reported as part of future
monitoring of progress on Best Value actions.  The actions from the annual
audit review have not yet been added due to the timing of these reports but
will also be incorporated moving forward to ensure monitoring of progress. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year  Plan (Local Outcomes
Improvement Plan (LOIP)) 
The Council is committed to delivering better public services year on
year through Best Value and its key principle of continuous
improvement. 
(b) Policy and Legal 
The Council has a legal duty to deliver Best Value and to address
any findings containing recommendations arising from any Best
Value Assurance Reports. 
(c) Financial Implications 
There are no financial implications arising directly from this
monitoring report. 
(d) Risk Implications 
There are risks associated with the council’s ability to deliver the
actions in the Best Value Action Plan alongside a challenging
agenda including addressing the Council’s significant budget gap. 
The challenge of prioritisation and resourcing was reported to the
Council on 8 March 2023 in the Chief Executive’s report Corporate
Overview of Council Priorities and it is planned to update this to take
account of current circumstances.  The balancing of operational
priorities and planned development work and the potential stop/start
impact on planned work has been recognised in the series of best
value reviews the Council has experienced and is one of the biggest
challenges in ensuring sustained progress. 
In order to mitigate this, the Corporate and Senior Management team
monitor progress on the Improvement and Modernisation
Programme and the Best Value Action Plan and as noted in this
report, progress is being made with many actions well advanced and
the majority of the overall work arising from the Best Value Review
completed. 
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Prioritisation of resources and focusing of agendas and priorities will
be ongoing to continue to deliver planned actions and maintain the
pace established for improvement and modernisation.   
The financial climate adds demands that will require considerable
political and officer attention to be given to unprecedented levels of
savings in a climate where the council has already delivered savings
for many years.  This may require further review and prioritisation of
the remaining Best Value actions in the context of the priority
required to be allocated to the delivery of savings to address
financial sustainability. 
(e) Staffing Implications 
There are no additional staffing implications arising directly from this
report.  Work is being accommodated within existing resources which
increases the risks of delivery and risks to other work.  As noted
above, this is monitored through reporting at the Management team
and Committee. 
(f) Property 
None. 
(g) Equalities/Social Economic Impact 
This is covered in terms of the inspection regime itself and the
Council’s duty to deliver Best Value. 
(h) Climate Change and Biodiversity Impact
There are no implications for climate change or biodiversity arising
from this report. 
(i) Consultations 
The progress reports that contribute to the Appendix 1 have been
provided by Heads of Service and considered by CMT/SMT.   
5. CONCLUSION 
5.1 The Council continues to make progress on the Action Plan to
address the recommendations of the Best Value Assurance Report
and follow up report (Appendix 1).  This is set in a continuing
challenging environment where priorities must be carefully balanced
to ensure ongoing progress.  However, there has been progress
across the majority of planned actions with a number now concluded
and work progressed on the workforce actions that had been delayed
due to vacancies.  Attention will now focus on incorporating and
addressing actions from the work on the need for clear and decisive
leadership and the eleven areas identified through the new annual
audit process that incorporates Best Value. 
Author of Report: Denise Whitworth 
Background Papers:  Best Value Assurance Report Strategic Action Plan
(Appendix 1) – Moray Council on 28 October 2020
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BVAR Action Plan Report 001 (20.01.2021) 
BVAR Action Plan Report 002 (10.03.2021) 
Covid Related Pressures and Service Prioritisation
Report and Appendix (10.3.21) 
BVAR Action Plan Report 003 (12.05.2021) 
BVAR Action Plan Report 004 (30.06.2021) 
BVAR Action Plan Report 005 (15.09.2021) 
Scottish Government published advice and guidance
on Coronavirus (COVID-19) protection levels and
decision making framework 
BVAR Action Plan Report 006 (19.01.2022) 
Report to Council 15 March 2022 (Item 03) 
Best Value Progress Report 29 June 2022 (Item 17c) 
Best Value Progress 25 April 2023 (item 7) 
Best Value Progress Update 4 October 2023 (Item 6) 
Best Value Thematic Review 25 October (Item 6) 
Ref: SPMAN-1108985784-901 / SPMAN-1108985784-918 
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Best Value Assurance Strategic Action Plan: Summary Report 31/10/2023
Key       Not Started Concern Caution On Target Complete
RAG
%
Completed Target Date Lead Priority
100 June 2023 DCE/ECOD 1
100 April 2023 H/ GPS & HR
ICT OD 2
75 Sept 23 DCE/EEF &
CFO 1
100 Sept 23 H / GSP 4
85 Feb 24 H / Educ 2
95 June 2023 CEx 1
NEW NEW CEx
100 Sept 2023 DCE (ECOD) 1
Key       Issues (I)
Programme Summary
R6 R6
Revised Education (Schools) Governance and framework in place/actions ongoing
Moray Curriculum Strategy Group and revised governance implemented with group guiding key developments (ongoing)
Moray Improvement Groups supported through Strategy Group direction with clear actions plans, outcomes and measures (ongoing)
Strengthen approaches to learning, teaching and assessment by establishing collaborative learning communities across our schools through empowered leadership,  realising
improvements in pedagogy and practice
Secondary Attainment and Performance Frameworks/Stretch Aims setting and monitoring
R AC
R WC C: Aug 2023: Request to change target date to Sept 2023. (Approved 07/08/23 CMT SMT) R WC
R AcC2
R ACC: Aug 2023: Request for change to target date for Leadership Actions x 2. (Approved 07/08/23 CMT SMT)
R AcC2 Award tender for external support
R5
R: Impact of any potential future reduction in capacity on delivery of further targets/improvements now required.
R5
R: Impact of budgetary pressures on service delivery.
R3 R3
R1
R2
October 2023: Medium to Long Term Financial Strategy to be reported to Council 25/10/2023, delay from September to allow workshop on transformation / future council to input to
strategy
C: Aug 2023: Request change of target date for OD approach to support transformation to Sept 2023 - progress impacted over
summer holiday period. (Approved 07/08/23 CMT SMT) R1
R2
Best Value Action Plan: Next Stage
These are 20 new actions to be incorporated into the next stage BV action plan following on from the decisions of the Special
Corporate Committee on 4 October 2023, in relation to the recommendations contained in Appendix 1 to the report; and the
Special meeting of Council on 25 October 2023 in relation to the Thematic Review and Annual Audit Report Wider Scope. 
Note actions in relation to the risk register and Transform have been completed to date. Note arrangements are in hand to
tender for the additional external support in Recommendation 2 of Appendix 1.
Major Risks (R) Change Request (C)
Issues / Major Risks / Change Requests Targets for Next Period
R WC: WORKFORCE AND CAPACITY Apprenticeship report on hold, rest of recruitment work progressing per available resource as part of workforce strategy and
plan. Complete
R3: FINANCIAL PLANNING
Short to Medium Term Financial Strategy approved by Council on 27/09/2023.  Savings Max and Income Max - proposals from
Green and Amber lists will be reported to Council on 25/10/2023.  There will be a second decision point per the Short to
Medium Term Financial Strategy in December. The Medium to Long Term Financial Strategy will also be reported to Council on
25/10/2023
R5: CONTINUE TO PROGRESS THE GOVERNANCE REVIEW Complete programme.  Agreed rolling programme for review of second tier governance documents taken forward as 
operational business.
R6: IMPROVE EDUCATIONAL ATTAINMENT Key actions in service plan, School Improvement Plans and QA work across service all link to the continued need to improve
outcomes for learners.
Best Value Action Plan: Progress Summary Report APPENDIX 1Committee Report Ref: 009
Report Date: 09/10/2023
Committee Date: Corporate 07/11/2023
Workstreams (BV Recommendations) Status Update Decisions Required/Made by cmt/smt
R1: INCREASE THE PACE OF TRANSFORMATIONAL CHANGE
Final element to be completed was to ensure the OD plan was updated which has been done based on feedback from
leadership forum. Implementation and ongoing maintenance is in place via the OD service aligned to the transformation of
the council work and workforce strategy agreed by Committee. COMPLETE.
R AC: ACCOUNTS COMMISSION FINDINGS: NEED FOR CLEAR COMMITTED AND
DECISIVE LEADERSHIP
Consideration of investment in leadership development will be concluded by the end of October.  The only remaining actions
relate to develop and improve relationships of trust and it is proposed to carry this forward into the next stage BV action plan. 
CLOSE THIS WORKSTREAM
R2: IMPROVE PERFORMANCE MANAGEMENT REPORTING /
IMPROVE THE QUALITY & CLARITY OF SERVICE PERFORMANCE REPORTING Action complete
Item 6.
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Best Value Assurance Strategic Action Plan: Summary Report 31/10/2023
Report 007 Update: Good to reasonable progress in all areas with four workstreams substantially complete and signed off by Full Council on 15 March 2022. Approach and requirements to be developed for those workstreams to be carried forward for reporting to Full Council following the LGE in May 2022.
Report 008 Update: Progress continues across the range of action planned.  Workforce issues have impacted on a number of OD related actions which accounts for a number of amber indicators but with resources in place, timescales have been reviewed and this work is expected to recover to green.  The financial actions at R3 have
been rated as amber due to the level of risk attached to this.  However, overall it can be seen that actions are well progressed with many nearing completion
Report 009 Update: The actions in a further 2 workstreams have been completed (Transformational Change and Workforce) and one other (Leadership) is 85% completed with remaining work being carried forward to the next stage BV action plan.  Longer terms workstreams such as financial planning and education have remaining
actions which are progressing and will also continue as part of the BV action plan.
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REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: IMPROVEMENT AND MODERNISATION PROGRAMME 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the progress made in developing the projects set
out in the Council’s Improvement and Modernisation Programme (IMP). 
1.2 This report is submitted to Committee in terms of Section III (A) 2 of the
Council's Scheme of Administration relating to considering Capital and
Revenue Budgets and long term financial plans. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Committee reviews and notes progress on
the projects set out in the Council’s Improvement and Modernisation
Programme (IMP);   
3. BACKGROUND 
3.1 The Council has established an Improvement and Modernisation Programme
to deliver transformational change across the authority, which was first
approved by the Council on 12 December 2018 with the most recent update
being considered by the Corporate Committee on 25 April 2023 (para 7 of the
minute refers). 
3.2 Subsequent reports to the Council and Corporate committee (see background
papers references below) have expanded and adjusted the IMP programme of
work.  A comprehensive statement of the total remaining programme of work
now comprised within the IMP is set out in Appendix 1 with an update on the
current position for each area of work.   
3.3 Key points of progress to note from the update in Appendix 1 are: 
• Smarter Working Project is on target.  The full business case is
completed and implementation is in progress with committee room
refurbished and headquarters office moves complete; 
Item 7.
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• The Depot Review reported to Economic Development and Infrastructure
Committee on 20 June 2023 with progression of some early property
savings and work has commenced on removing these from the Council
operational base; 
• Customer Service redesign has moved to project closure with end of
project report under consideration by the programme board; 
• Schools for the Future has continued to develop the Elgin High School
extension, Forres Academy and Buckie High school projects and
Inveravon case for closure has been accepted by Scottish Government. 
Considerable work has been required to respond to the RAAC in Forres
Academy with cross service input and community engagement on the
future of Forres Academy us underway; 
• Raising Attainment - Well-being (ASN) has an improved focus on key
priorities which are progressing on well, although the overall programme
plan needs to be updated to reflect this to enable more accurate
monitoring of planned actions which is likely to shift the RAG rating to
green; 
• Raising Attainment (Pastoral Care) – following consideration of a range
of options the ECLS Committee on 19 September 2023 (para 12 of
minute refers) decided that in light of the current financial position and
cost of available options this project should be concluded; 
• Raising Attainment – This project is moving to the delivery phase to put
in place mobile device management in schools. 
3.4 Transformation is one of the elements in the hierarchy of measures to ensure
the council is financially sustainable moving forward.  Therefore, work is
underway to consider the “Council of The Future” and transformation work
that would be necessary to support this.  Given the history of transformation
within the Council reaching back to Designing Better Services, which
rationalised office accommodation; reviewed vehicle use (including pool cars);
introduced mobile and flexible working for office and field workers (DLO and
care at home); to Digital Services that resulted in over 80 services being
available online and more recently the projects in IMP1 and IMP2, a further
programme of significant transformation is challenging. However, there are
some new projects that are being defined and some areas where acceleration
may be proposed.  One of the issues in progressing this next stage of IMP 
work, is identifying dedicated resources and this is being considered
alongside the definition of opportunities, all of which will be reported to the
Council as soon as possible.  It is anticipated that this will be in the first
quarter of 2024. 
3.5 The Internal Audit report on Transformation identified an action in relation to
the Programme Governance policy that the Council uses to ensure that it is
current.  Work has been undertaken through the Project Managers Network
and CMT/SMT to take this forward.  This has been relatively light touch and a
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revised document has been prepared (attached at Appendix 2 for
information).  However, further consideration is required of the practical
implications of this in terms of the project and programme governance arising
and the capacity to provide and sustain this across all projects given the
ongoing pressures on resources.  This requires to be considered further by
CMT/SMT particularly in relation to existing projects so that the full
implications of the refreshed policy can be considered by committee when it is
reported for approval.  It is anticipated that this will be to the next Corporate
Committee.
3.6 The Council has been challenged in the Best Value Audit feedback to ensure
that the pace of change is secured and maintained.  As a small local authority
this is particularly challenging as finite resources are stretched across broad
strategic and operational remits.  However, as business administration and
smarter working showing progress across the spectrum of the IMP. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The Improvement and Modernisation Programme is the development of
the commitment in the Corporate Plan to a programme of modernisation
and improvement to contribute to a financially stable Council. 
(b) Policy and Legal
None. 
(c) Financial implications
This financial implications of the IMP have been approved in previous
reports.  There is no change to this from the content of this report. 
Project Cost
2018
to
2022
£000s
Projected
Cost
2022/23
£000s
Actual
Savings
2018 to
2022  £000s
Projected  Savings
2022/23 £000s
Projected
future
savings
£000s
Total
projected
savings
£000s
IMP 674 223 118 800 1,714 2,632
Digital
Services
362 82 44 3 150 197
ELC
review
- 91 - - 500 500
Service
restructure
398 - 1,165 - - 1,165
CAT 53 - 189 - - 189
Depot
Review
(initial
savings) 
-  -   - - 42 42
Total 1,487 396 1,516 803 2,406 4,725 
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(d) Risk Implications 
The risks associated with the IMP have been reported to Committee
previously and are managed through the relevant programme boards
and overseen by CMT/SMT.  There are no changes to the current risk
profile and it is noted that progress is being made in maintaining pace
which was has previously been noted as a risk.  However, the risks
associated with change and the success of transformation remain and
will continue to be monitored 
In order to manage these risks, the council will:-  
(i) Ensure that all projects meet a given standard of governance that
is proportionate to the change.
(ii) Ensure there are adequate resources for the overall programme
of work and for individual projects.
(iii) Manage the dependencies and interdependencies across the
scope of the change and its implications for other areas of
prioritised work.
(iv) Appoint appropriate project resources and failing which, review
whether objectives are deliverable and review planned work
accordingly. 
(e) Staffing Implications
There continue to be challenges in securing time from stakeholders
involved in a demanding workload. The post of Head of Transformation
remains vacant and there are currently no plans to activate recruitment,
however, this will be reconsidered as work to develop a programme of
further transformation to address the ongoing budget gap is developed. 
(f) Property
No direct implications from this report, although property is the subject of
one of the workstreams and the issues arising from this will be reported
in due course with activity on climate change being progressed as a
stand-alone programme of activity.
.
(g) Equalities/Socio Economic Impact
For the purposes of this report an Equality and a Socio Impact
Assessment are not required, however it is acknowledged that various
workstreams will identify change that will have an impact on equalities
and socio economic considerations and will be reported in due course. 
(h) Climate Change and Biodiversity Impacts
There are no immediate climate change implications directly arising from
this report. However, flexible working is one of the workstreams and the
issues arising from this will be reported in due course. 
(i) Consultations
The Corporate and Senior Management team have been involved in the
review work referred to in this report and have been consulted on the
report.  The comments received have been incorporated into the report
and project updates.
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5. CONCLUSION 
5.1 The Committee is invited to acknowledge the progress in the projects
contained in the Improvement and Modernisation Programme and the
improving picture of progress across the programme of work.  IMP is
focussed on council priorities, particularly financial sustainability and to
manage risks associated with ongoing budget position it is proposed to
bring forward a further report to consider how the programme of work
can be developed and accelerated to support financial sustainability of
the Council. 
Author of Report: Denise Whitworth, DCE ECOD
Background Papers: Reports updating on progress on Improvement and
Modernisation Programme to: 
12 May 2021 Full Council (Item 09 Report and Appendix
A / B / C / D / E )
15 September 2021 Full Council (Item 15 Report and
Appendix 1 / 2 / 3) 
15 March 2022 Corporate Committee (Item 13a Report
and Appendix) 
30 August 2022 Corporate Committee (Item 06 Report
and Appendix ) 
25 April 2023 Corporate Committee (Item 08 Report and
Appendix) 
Ref: SPMAN-1108985784-895 / SPMAN-1108985784-917 /
SPMAN-1108985784-912
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Page 33

SPMAN-846221965-279
Corporate 7 Nov Update
IMPROVEMENT AND MODERNISATION PROGRAMME: TRANSFORMATION TO ACHIEVE
Progress Update and Summary of IMP Projects 
KEY 
$ - service based project
£- possible post-project revenue pressure 
BRAGG – Quality, Cost, Time 
Black – complete or stopped 
Red – project on course to miss planned targets 
Amber – Likely imminent issues with delivery to plan 
Green – project progressing as planned 
Grey - project not active – not started or awaiting progress 
Project Stages – agile descriptions with traditional council project term in () 
Discover –  identify evidence, issues, (Concept) 
Define –  specify the issue to be addressed to provide focus 
(Definition – OBC: Outline Business Case) 
Develop –  research and develop range of solutions and appraise 
(Definition – FBC – Full Business Case) 
Deliver –  identify and design preferred solution(s) and deliver 
(Initiation and Planning) 
Status 
Not started – project agreed but not yet active 
Started – in early stages of planning/definition 
In progress – project operational and working to plan 
Completed – project completed and project close work concluded 
On Hold – project not active but remains in programme 
Stopped – project removed from programme 
Stream 1: Asset Management Budget  Status Progress to Date
(Sept 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings
£’000     
1.1 PAMA –
Office
Review
(incl Area
Office
Review)
Now
Smarter
Working
Project
(Council
25/04/23)
Align property assets
and their long term
management to the
Council priorities to
ensure affordable and
sustainable asset
base.
Fewer buildings. 
Reduced operating costs 
New income.
60  338 
Subject to
detailed
business
cases being
developed:
some savings
dependent on
Joint Boards
financial
arrangements
In
Progress  Full Business Case and
Equalities Impact Assessment
approved by Full Council on 28
June. 
Committee Room refurbishment
has been completed.  The high
tech hybrid meeting equipment
has been installed and is under
testing. 
Office moves in the
Headquarters campus have
proceeded per the schedule
with support from ICT, Asset
Man, Facilities, Housing DLO
and Services. 
HQ, Annexe and 9
North Guildry Street
moves planned to be
completed by w/e 6th
October. 
Installation of hybrid
meeting equipment
for all heads of
service and in other
Elgin and Out of
Elgin offices. 
Detailed plan for
Southfield staff to
move to HQ campus
to be developed. 
Project completion
target by end Dec 23. 
HoHPS/
HoHROD
1.2  PAMA –
Depot
Review
Corp Ctte
25/04/23 
As above As above   86 
Subject to
business
case being
developed as
there will be
capital
investment
required
In
Progress
An update on the progress of
the Depot and Stores review
was presented to the 20 June
ED&I Committee where the
report was approved including
the progression of some early
opportunity properties. 
Work has commenced on
removing these properties from
the Council’s operational base, 
Updated Outline
Business Case
(OBC) to be
prepared 
Report progress and
resource
requirements as
required and OBC to
ED&I committee in
-HoHPS
Item 7.
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SPMAN-846221965-279
Stream 1: Asset Management Budget  Status Progress to Date
(Sept 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings
£’000     
with one already vacated and
now leased out commercially.
The others are being worked
through with the intention that
none will be required by 31
March 2024. Workshops to
develop the Outline Business
Case (OBC) have taken place,
however due to resource
limitations arising from budget
options and RAAC this has
taken longer than anticipated
and is now projected to be
reported to ED&I Committee in
March 2024. 
. 
March 2024,
thereafter progress
development of the
Full Business Case
(FBC). 
1.3 Property
Asset
Mgmt.
Stage 2 –
Shared
Community
hubs for
public/3rd
sector
Provide shared
community hubs and
services with CP
partners with a view
to securing reduced
costs through
economies of scale.
Greater efficiency in
resources to deliver public
services in Moray. 
Shared place based asset
management plan. 
Fewer strategically located
shared hubs/buildings. 
Maximise funding through
strategic planning, etc. 
On Hold This is a second stage of the
PAMA work that is yet to be
scheduled. 
Relative priority to be reviewed
following delivery of stage 1
above.  The scope for potential
work in this area will be re-
visited taking account of current
exploratory discussions with the
Scottish Futures Trust and the
work of the North Scotland
Strategic Territory Partnering
Board. 
Meantime officers are working
with public sector partners to
ensure any opportunity for
shared occupation of property
assets are considered in the
normal course of business. 
Where possible,
shared use of
buildings with
partners will be
incorporated into
capital developments
on an ongoing basis
as opportunities arise
-
1.4 Building
Information
Model
(BIM) 
(MC 12/5/21
-  proceed
with initial
investment
to
demonstrate
merits)
To introduce a
Building Information
Modelling system to
enhance the use of
digital data held on
construction projects
and buildings to
optimise the efficiency
of the asset during its
life where the greatest
costs are incurred. 
Current digital data in the
construction industry has
shown savings of 15% to
20% can be generated. 
Improve information sharing
and reduce abortive time
and costs on built assets. 
Improve capturing and
measurement of intended
outcomes to be set out and
20   Started  The SharePoint solution as the
Common Data Environment
(CDE) for operational property
assets has now been confirmed
as feasible with no ongoing
revenue costs for licence or
storage requirements. 
The consultant has also
advised that SharePoint
would not however form a 
Updated 3MB to be
prepared for
CMT  and 
Full Business Case
(FBC) being
prepared for
Transform Economy
Board on 7th
December to
evidence return on
investment required,
HoHPS
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SPMAN-846221965-279
Stream 1: Asset Management Budget  Status Progress to Date
(Sept 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings
£’000     
Corp Ctte
25/04/23 -
update
Put in place
arrangement whereby
all professions and
trades involved in the
construction process
can share information
on construction
projects. Within the
council it will require
cross departmental
co-operation and
integration of systems
and procedures. 
The appraisal tool
(BIM) provides a
consistent method of
comparing and
reporting whole life
outcomes for new
projects and
buildings. It looks at
the costs and
outcomes during the
design, construction,
operation and
disposal stages for a
built asset and
promotes the analysis
of whole life outcomes
across three
assessment criteria:
commercial;
performance; and
environmental.
measured through
procurement and operation
for individual projects and
programmes of work. 
suitable CDE for live
construction projects,
proposing instead that a
licence for a CDE for each
live project is rented from
either a consultant or
contractor and the
information transferred to
SharePoint at the end of
each project stage. This
arrangement is likely to be
suited to all stakeholders in
larger projects. 
The consultant has been
asked to establish costs for
renting this facility based on
the current draft 10 year
Capital Plan. This is to
establish that renting a CDE
for each new construction
project is value for money
against a single annual
arrangement for all projects. 
with figures being
revised to this end. 
Page 35

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SPMAN-846221965-279 
Stream 2: Transforming Customer Service Budget  Status Progress to Date
(May 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable
savings     
2.1 Customer
Service Re-
design 
MC 12/12/18 
Corp Ctte
25/04/23 -
update 
To deliver a culture
change in customer
service delivery towards
an enabling approach for
most customers with
supported service
delivery for those who
need it. 
Encourage customers to
choose alternative lower
cost, more efficient
digital means of
accessing services
where possible.
Single service for first point of
contact. 
Efficiencies and savings
through economies of scale,
simplified and consistent
processes and harnessing
available technology.  
250
Auchernack
40
(achieved)
20
(revenue
saving from
building
disposal to
come) 
Hubs
Yr 1 50
Yr 2 50
In
Progress 
Change management plan for the
structure of Customer Services has
been approved and implemented. 
HQ Annexe reception has re-
opened for appointment only
meetings. 
Public also able to drop off
documentation and have free
access to a telephone to contact
Customer Services. 
Information hubs have now been
established across all libraries
where the public can drop of
documentation get support and sign
posted to services, provided with
free access to telephone to contact
Customer Services, free PC access
to use online services and
supported where necessary. 
The update to the Customer Charter
was approved at Corporate
Committee on the 25th April and
made available on the council
website. 
PROPOSE TO CLOSE 
End of Project Report
being prepared for the
Transform Council Board
of 26th October
HoGSP 
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SPMAN-846221965-279
Stream 3: Alternative Service Delivery  Budget  Status Progress to Date
(February 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable
savings     
3.1 Museums Trust 
MC 12/12/18
Explore all avenues to
create a sustainable
future for the Museums
service.
Sustainable service
Reduced ongoing cost to
council.
n/a n/a n/a Started Investigating options that may
enable future progress as limited
staffing resource 
Development of an alternative
financially sustainable model of
delivery was on hold due to the
resource requirements of economic
recovery in response to the
pandemic. Capacity within the team
remains limited but we are
commencing the consideration of
opportunities and models for the
museum, this will not be a quick
process as finding a financially
sustainable model of service will be
difficult but not impossible. 
The museum building and artefacts
remain in good condition and are
monitored and maintained. 
Heritage priority rather than
efficiency or saving. 
The project is being taken forward
as part of the development work for
the Forres Conservation and
Heritage project, a programme
working group has been established
and a sub group will be tasked with
developing a new model for the
museum and working with
interested parties. 
Continue to consider and
seek opportunities,
subject to available
resources/workload 
Solution may incorporate
external opportunities
e.g.  funding streams or
private/third sector
interest and therefore no
timescale can currently
be put on finding a
solution. 
The work is currently
being taken forward as
part of the development
work associated with the
Forres conservation and
Heritage Scheme which
is developing a bid for
funding from HES and
National Lottery.
HoEG&D 
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SPMAN-846221965-279 
Stream 5: Income and Commercialisation  Budget  Status Progress to Date
(February 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable
savings     
5.2 Sponsorship 
MC 12/12/18
MC 24.03.21
Corp Ctte
25/04/23 -
update
Generate income from
advertising, sponsorship
and other commercial
opportunities.
Additional income
Improved maintenance of
facilities.   
Started  Project refocused to broader income
generation: work on Buckie Harbour
(Offshore and renewables) and
other opportunities arising Although
previously proposed to close this
workstream, consideration of
commercial opportunities is active
and so the project has remained
open. 
Renewed consideration
to be given to developing
opportunities as part of
financial planning. In
particular, a mandate is
being prepared by the
Tranformation Working
Group for a project
focussed on net zero
savings and investment in
renewables. The
Council’s approach to
charging will also be
reviewed in the annual
report to council in
December. 
HoECS 
Stream 6: Service Efficiency  Budget  Status Progress to Date
(May 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable
savings     
6.1 Service
Efficiency
(MC 12/5/21)
Corp Ctte
25/04/23 - update
Undertake lean reviews
of a further 30-40
processes using
specialist software. 
Focus on high volume,
common cross service or
resource intensive
processes particularly
within Educational
Services, Children’s
Social Work.
• Remove waste from
processes leading to more
efficient processes. 
• Benefit public through
reduced lead times for
services. 
• Deliver cashable savings. 
• Build back capacity within
services.
121  0
10
250 Started 
Planning –
Define/
Develop 
Service Efficiency discussion at 
SMT in February 2023 resulted in a
range of service interest and
Finance and HR services initially
took this forward. However, focus on
budget work has put this work on
hold as service resources are not
available.  Consideration is being
given to how this work can be
activated for progress as part of the
next stage of IMP planning. 
Planning –
Define/Develop 
Consider how to
resource and develop
work as part of next
stage of IMP
HoT
(Vacancy)
DCE
(ECOD) 
Stream 7: Transforming Education  Budget  Status Progress to Date
(May 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings     
7.1 Schools for the
Future 
MC 12/12/18
Corp Ctte
25/04/23 –
update
ECLS Sept
2023
Provide the essential
infrastructure for the
delivery of education in
Moray. 
Curriculum offer. 
Staff recruitment,
development and support. 
Short, medium and long
term affordability. 
Environment of learning.   
In
Progress  
Develop
Buckie and Forres: work continues
to progress with community
engagement commenced for
Forres.
EHS extension (temp and perm)
progressing.
Inveravon closure accepted by SG
and  Crossroads mothballed.   
Await outcome of SG
decision on Leip 3 
ASG assessments and
planning 
Community
engagement –
Ho
ERC
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SPMAN-846221965-279
Stream 7: Transforming Education  Budget  Status Progress to Date
(May 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings     
Various reports
to ECLS and
MC (7/11/22) on
relevant
projects 
MC 28/09/22
ECLS 07/11/22
MC 07/11/22
MC 07/12/22 
Development of forward plan
of schools estate to
recognise changing
demographic and needs.
Work on condition and suitability
surveys underway 
conclusion of Forres
and planning for Buckie 
7.2 Business
Support for
Schools 
MC 12/12/18 
Corp Ctte
30/08/22 -
update 
ECLS 14/12/22
ECLS 19/04/23
Rationalise business
support across council and
schools. 
Digital implementation and
service (payments,
absence reporting,
reporting generally).
As above   250
150
In
Progress  
Develop
Overall Project Status is AMBER.
While the report following the
consultation exercise has been
submitted as per the agreed
timeline to committee GREEN,
securing the identified service
efficiency savings has been
delayed and the Change
Management Plan was not able to
be fully implemented. 
A summary of the
outcome of the
consultation exercise
and a short-term (6
months) and medium
term (12-24 months)
will be considered as a
confidential item at the
ECLS Committee
meeting on 19
September 2023.
HoERC
7.3a
& b
(7.3a) Raising
Attainment -
Well-being 
MC 12/5/21 &
15/09/21 
Corp Ctte
25/04/23 -
update 
(7.3b) ASN
Review £ 
MC 12/12/18
ECOD 11/08/21 
Corp Ctte
25/04/23 -
update 
ECLS 14/12/22
MC 02/02/2023 
Enhance support and
resources for all learners
and impact positively on
the delivery of consistently
high quality learning and
teaching experiences. 
Focus on GIRFEC and
wellbeing of every child to
ensure they are safe,
healthy, achieving,
nurtured, active, respected,
responsible and included. 
Provide support that is
equitable, inclusive and
timely to raise the
attainment and
achievements of all
children and young people. 
Contribute to
improvements in literacy,
numeracy and behaviour
through improved health
and wellbeing.
Support for targeted
intervention.
Enhancing and developing
staff skills.
All staff supporting children
and young people in schools
understand and engage with
staged intervention and
inclusive practice and are
confident in relating to and
working with all learners,
whatever their needs. 
Where intervention/intensive
support is required it can be
offered in a timely manner
using expert resources. 
All children and young
people receive the support
they need, when they need
it, including pupils who
cannot manage a full
curriculum or class
attendance. 
3200
(across
7.3
and
7.4)  
In
Progress 
Preparing
for Deliver 
Overall Project Status is AMBER
due to programme plan schedule
slippage in relation to Policy and
Processes, Workforce
Development and Enhanced
Provision and the continuation of
budget pressures. 
A moderation process has
progressed across Moray to
review the aligment of needs and
resources. 
Workshops have been undertaken
with head teachers to consider the
future design of ASN services 
Flexible procurement process has
been completed to increase the
numbers of independent providers
available 
Programme planning to
be revised to reflect
planned actions based
on progress made 
Consideration of better
aligment of
resources/needs to
inform longer term
resource planning 
Further work on future
model.
HoERC
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SPMAN-846221965-279
Stream 7: Transforming Education  Budget  Status Progress to Date
(May 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings     
Flexible Package to
Support Unmet Need. 
Research Support for ASN
Review. 
To support the effective
delivery of the Moray ASN
Strategy the ASN Review
is ongoing and requires the
development of a detailed
business case by mid-
2021, with the
introduction/implementation
of potentially new ways of
working from August 2021. 
The proposed investment
will also support the
delivery of the ‘Managing
Challenging Behaviour
Action Plan’ developed by
a corporate Health &
Safety Working Group in
response to increasing
numbers of violent and
aggressive incidents in
schools (an outstanding
action in the Health &
Safety Annual Report). 
• Enhancing ASN Review
resources.
• An ASN review business
case that is supported by
robust evidence.
• A clear
structure/measurement
plan for evaluating the
impact of any changes.
• Well trained staff teams
able to respond to
behaviours that relate to
ASN and supported to
better support children
and young people.
• The establishment of a
Moray Standard for the
delivery of ASN services
in all settings through
comprehensive ASN
induction and training.
• A reduction in the
number of Violent and
Aggressive Incidents in
schools.
• A reduction in school
exclusions.
• An increase in school
inspection gradings of
‘very good’ and above
for HGIOS 4 QI 3.1.
• Better targeting of ASN
budgets to achieve the
best possible outcomes.
7.3c  Raising
Attainment:
Well-being
Pastoral Care
in Primary:
Improving
Outcomes for
Learners and
Early Years
Intervention
(All Groups) £ 
Promote and safeguard the
health and wellbeing and
safety of pupils in
partnership with parents,
support staff and partners
to ensure all children,
young people and their
families receive the right
support at the right time no
matter the level of need. 
Key contribution to closing
the attainment gap by
monitoring attainment,
Links to ASN and Raising
Attainment for All projects. 
Links to new Locality
Management operating
model. 
• Increased attendance at
school for some children. 
• Reduction in exclusions. 
• Reduction in violence
and aggressive incidents.   
Started 
Planning –
Define/
Develop 
In light of the financial challenges
presently being experienced by
the Council and consideration of
alternative approaches outside the
parameters of the Improvement
and Modernisation Programme,
ECLS Committee on 19
September agreed that none of
the options were affordable and
therefore the project should cease.
It is the intention that as far as
possible the aims of the project
should be progressed through 
Project Closed 
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SPMAN-846221965-279
Stream 7: Transforming Education  Budget  Status Progress to Date
(May 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable savings     
Corp Ctte
25/04/23 -
update
attendance, inclusion,
participation and
engagement.
Release school leadership
time for strategic planning,
school improvement,
attainment and other
outcomes. 
• Increased attainment and
achievement. 
alternative partnership
approaches. 
7.4  Education
Project B:
Raising
Attainment -
Curriculum
breadth Moray
(Virtual
Innovation
Academy and
Schools Digital
Devices) £ 
MC 12/05/21
MC 23/02/22
Corp Ctte
25/04/23 -
update
Create a Virtual Innovation
Academy aimed at raising
attainment, strengthening
learning and teaching and
expanding curriculum offer
to meet the needs of all
learners in the senior
phase to enable positive
sustained and quality
destinations based upon
labour market intelligence. 
Invest in devices and
technology to support and
embed digital innovation
and strengthen digital
literacy for all.
Increase the number of
subjects available across
Moray as well as
increasing attainment. 
Investment in Digital
Devices to establish a pro-
active programme to
allocate pupils and
teachers with an
appropriate device to
enable remote and
distance learning. 
Roll out of devices to staff
and pupils P6+ over 2 year
roll out (2100 devices per
year).
• Raise attainment across
BGE and Senior Phase.
• Broaden an accessible
curriculum offer.
• Improve the quality of
learning and teaching,
integrating digital
technologies to enhance
and support pedagogy.
• Provide opportunities for
school leavers to gain
employment in a growing
sector.
• Workforce development
and career progression
and additional capacity
for digital use.
• Equitable digital access
for learning.
• Increase skills of staff.
• Increase the use of
digital learning and
innovation.
• Maximise use of
technology in the
classrooms.
• Increase opportunities for
collaboration, extending
access to learning and
breadth of subject
choices.
• A consistent experience
for learners’ use of
technology in Moray
schools.   
Deliver  Following the submission of a
Digital Inclusion Outline Business
Case to the ECLS Committee
Meeting on 14 December 2022, it
was agreed that in light of the
absence of any additional funding
from the Scottish Government for
digital inclusion, the immediate
focus should be on enhancing the
current Education ICT
infrastructure and aiming to
ensure that it can support the
future provision of 1:1 devices if
funding is made available in the
future. 
A draft Business Case has now
been developed and the ECLS
committee on 19 September
agreed implementation of a
mobile device management
solution. 
Progress to delivery of 
Mobile Device
Management (MDM) to
support Apple products.
DCE
(ECOD) 
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SPMAN-846221965-279
Stream 8: Transforming Children’s Services  Budget  Status Progress to Date
(February 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable
savings     
8.1 Service Review 
MC 12/12/18
MC 23/02/22
Corp Ctte
25/04/23 - update
Most effective and
efficient service
delivery of a quality
service that effects real
change and
measurable outcomes. 
Establish new
approach, culture and
ways of working in
social work services.
Better outcomes for young
people and families.
Reduced costs across all
areas. 
Improved partnership working. 
More efficient use of resources
in delivering outcomes. 
More children in kinship care. 
Reduced 
• complaints from
families;
• number of formal
proceedings;
• unallocated child care
cases;
• number on child
protection register.   
854 taken
further
245 pa
projected
for
2023/24
to
2025/26 
Future
savings
previously
reported
as 358 pa
included
avoided
spend
113 
In progress 
Deliver
Children and Justice Social Work
now delegated to the IJB. 
Two commissioned services
supporting the model for social
work and to continute to prevent
children going into external foster or
residential care are in place. 
The progress to move the service
into a new model has been
impacted by staffing issues. 
Consultation / change
management on
workforce changes. 
The change management
plan for the Youth Pod is
in its final stages and will
move forward to
consultation within the
next 3 months. 
Recruitment to vacancies
continues as the national
shortage for Social
Workers continues. 
HoCS
8.2 Commissioning 
MC 12/12/18
Corp Ctte
25/04/23- update
Review commissioning
of services to align with
the new ethos and
provide different
options for older young
people and shift in
resources to
community based care
as the core.
Vibrant blended economy of
service provision. 
More accessible services that
can respond to need and
provide sustainable services. 
In progress Contracts and monitoring is now in
place and expect commissioned
services to be accountable and
needs led. 
We are monitoring our contracts
quarterly which include a thorough
reporting against the contractual
outcomes as well as monthly
comment complaints incidents and
restraint (CCIR) reports.  3 contracts
have been commissioned on 1st
April 2023 all have a strong focus
on community based resources.  All
contracts are now commissioned
with the ethical commissioning
principles taking into consideration
to ensure best value. 
Continuation of the
commissioning procedure
to include the
decommissioning of
services.  To enhance the
contract record document
and to create the
decommissioning
contract document which
will complement the
decommissioning
procedure.
HoCS 
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SPMAN-846221965-279 
*STREAM 9: Corporate Plan -  Strategic Priority  Budget  Status Progress to Date
(February 2023)
Progress
RAG Next Steps Lead 
Project  Purpose Impact/Outcomes Revenue Capital Cashable
savings     
9.2 Poverty:
Reducing
Inequalities £ 
(MC 12/5/21)
Corp Ctte
25/04/23 -
update
Establish a resource to
develop the Council’s
strategic response to
reducing poverty in
Moray by defining the
issues and priorities and
developing a cross
service whole Council
Poverty Action Plan. 
Develop proposals to
meet gaps in activity to
meet agreed council
priorities and co-ordinate
activity and reporting
across the plan. 
Establish 24 month
Poverty Action Team
Reduction of poverty in Moray
by addressing causes and
mitigating impacts in shorter
term, through co-ordination of
council poverty work for
greatest impact. 
Identification of and leadership
for council priorities in
addressing poverty. 
Action plan to pull work
together and address any gaps.
264   On hold  Progress remains as noted below on
the April 2023 updatee:                   
Council position statement and
approach on period poverty
approved and published.   
Review of community planning
partnership poverty governance
completed.  Reporting templates
established and preparation
underway to implement.
Assessment of poverty data profile
in Moray completed and Moray
approach being used as good
practice model nationally.  Data
shared with partner groups. 
Summary of current council actions
and gaps completed and reported to
Committee.  Work to prepare
compilation of council activity into
poverty action plan currently slowed
due to other work pressures.    
Project is amber as progress was
slower than planned.  Project
recovery had commenced and can
turn green once poverty plan in
place. 
Child poverty plan incorporated into
children’s services plan -complete 
Poverty plan to be
reported to Corporate
committee (date to be
confirmed due to 
prioritisation of work ) 
Review utilisation of IMP
funding to advance
specific areas of work 
HoT
(vacancy)
– DCE
(ECOD)
9.3 Mainstreaming
Participatory
Budgeting in
Moray £ 
MC 12/5/21
Corp Ctte
25/04/23 -
update
Identify a standard suite
of tools to ensure all
forms of public
consultation can continue
in an online/virtual
environment and in a
consistent manner
regardless of what
service is undertaking
the consultation.   
Develop the online
platform CONSUL and
the current use of the
council website, eForms,
Survey Monkey and
eForms to provide
A minimum of 1% of budget is
delivered using Participatory
Budgeting (circa £1.8m based
on 2020/21 budgets). 
• Effective consistent platform
in place to gather ideas,
consultation, debates and
voting.
• Communities will have an
increased understanding of
Council budgets and how
they are allocated.
• Communities will be
empowered to participate in
decisions that affect their
lives and their communities.
107
(recurring
annual)  
In Progress Work is underway in relation to PB
for play parks in various locations in
Moray.  In Rothes the budget of
£50k has been enhanced to £120k
through fund raising from the
community.   
A number of other avenues have
been explored.  PB has been used
in 3 schools, 2 for some of PEF
funding allocation.  2 youth work
projects – in Forres and Buckie –
are being progressed.  Work has
commenced on 2 Active Travel
projects. Allocation of developer
obligations for community facilities
in Forres is being supported. 
PB plan to be developed
following PB Strategy
Group review published
March 2023 incorporating
a wider view of PB and
community engagement
as reflected in the Annual
Audit Report and
Thematic Review.
Ho
FS
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SPMAN-846221965-279
additional tools and
functionality for public
engagement and
consultation including
participatory budgeting. 
Review the appropriate
level of  resources,
expertise and tools
required to  meet 1% of
council budget via PB as
part of PB plan
• a greater reach into the
community using effective
suite of consultation tools.
• Addresses potential equality
issues to ensure more can
contribute. 
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SPMAN-846221965-279
COMPLETE/CLOSED PROJECTS: 
Stream X1: Asset Management   
Project  Purpose Impact/Outcomes Progress at Closure Lead
X1. PAMA
(MC
12/12/18
MC 30-06-
21) 
Align property assets and their long term
management to the Council priorities to ensure
affordable and sustainable asset base.
Fewer buildings. 
Reduced operating costs 
New income.
The original asset wide review was completed and the Council report 30/6/21 set
out actions to progress the remaining elements of the review taking account of the
impact of Covid on the original recommendations. An update on progress on
outstanding items being reported on 30.8.22. Subject to consideration of the
PAMA report on 30.8, this wider heading will be removed from future reports as
the remaining material elements are captured elsewhere in IMP. Or will be
reported as business as usual for Property Services 
HoHPS 
Stream X4: Internal Transformation   
Project  Purpose Impact/Outcomes Progress at Closure Lead 
Workforce
Development 
MC 21/05/2021 
(Agreed as
additional
principle)
Developing the skills, knowledge and
capacity if the workforce to deliver better 
Workforce equipped to use digital
technology as required 
• Digital Champions 
• Digital Skills Survey 
Digital Champions: The specific work related to digital aspects arising from the
Smarter Working and M365 projects is beginning to take shape with the Digital
Champions earmarked as a resource to assist with dissemination of knowledge,
experience and guidance on new applications, platforms and equipment. 
Digital Skills Survey: The results of the SCVO survey have been analysed and
actions identified. The nature of the needs identified relate to the work that has
already been highlighted and planned through the Smarter Working project and
the roll out of M365, therefore it is proposed that the digital skills action plan is
used as a working document for use within the OD team to supplement the work
arising from the other two projects and is not a substantive project in its own right. 
HoHR /
ICT /
OD
X4.2 Organisational
Design and
Mgmt.
Structure
Ensure the organisation is designed and
structured to meet the challenges of the
future as efficiently and effectively as
possible and that it is flexible enough to
adjust to meet future requirements. 
The Management Review was undertaken by a third party consultant and
implemented in October 2019.  The subsequent review of 3rd and 4th tier
management structures was to follow.  Many services have reviewed their
management structures and so this work is substantially completed. 
No specific requirement for further review is currently identified.  Therefore, any
further reviews of management structures will be included in relevant services
reviews
CEx
4.3 Organisational
Design and
Governance
Review
Corp Ctte
25/04/23 –
update 
MC 07/12/22
Review Moray Council Committee
Structures, Scheme of Delegation and
reports to committee with a view to faster,
more focussed and efficient decision making
and investigation of any cost savings.
Reduce Bureaucracy. 
Streamline decision making processes. 
Reduce material going to committee. 
Look at alternative governance structures.
• Remit of Audit and Scrutiny committee and  Scrutiny Guide now agreed
07.12.22
(MC 07/12/2022)
HoGSP 
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SPMAN-846221965-279
Stream X5: Income and Commercialisation  Progress at Closure Lead 
Project  Purpose Impact/Outcomes  
X5.1 Sports &
Leisure: Les
Mills 
(MC 12/5/21)
Improving the diversity of our exercise
programme by expanding the popular Les
Mills offer across all Council sites.   
Provide staff training to ensure a
consistent approach across all sites and
to deliver a comparable service to Moray
Leisure Centre as part of the Fit Life
Scheme. 
.
• Expansion and development of
sustainable services. 
• Create an environment where health and
wellbeing is at the core of our service. 
• Optimising income and growth. 
• Develop facilities to align with customer
service needs. 
• Successful partnership. 
• A professional, informed and empowered
workforce. 
• More people participating in physical
activity. 
• Equality of access to programmes offered
by MLC and MC for all Fit Life members. 
• Improved range of services and activities
appropriate to the market and community
needs. 
• Increased use of leisure services. 
Implementation is now completed and classes being offered. 
Progress monitoring as part of Sport & Leisure Business Plan as business as
usual 
Ho
ERC 
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1 
Moray Council:
Project Management Governance Policy 
Framework for Project Sponsors, Project Boards,
Project Managers, Senior Management and Elected
Members. 
Document Details & Version Control
Author:
D Morris
Action:
Draft for consultation
Version:            
v.01
Date:                             
27 April 2016
D Morris Amendments: Property (EM),
Finance (LP) & Training (MK)
comments.
v.02 29 April 2016
D Morris Amendments: Procurement (DB),
Consultancy (DG), Ex DBS PMO (MA)
& Property (MM) comments.
v.03 09 May 2016
D Morris Final. For approval V1.0 10 May 2016
D Morris Amendment: to 5.7 following P&R
Committee Meeting of 7th June.
V1.1 20 Jun 2016
M Aldridge Reviewed and updated V1.2 27 July 2023
M Aldridge Further updates from review V1.3 14 Sep 2023
Item 7.
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2 
1. Introduction – Projects Defined
1.1 This policy defines a framework for the governance of project management (specifically strategic
projects) within Moray Council (MC).  It stipulates standard processes and governance requirements.  It is
based on the Prince2 project management methodology, aligned with the Scottish Government
Construction Procurement Manual and the Office of Government Commerce (OGC) Gateway framework.  
Projects involving procurement will also follow the standards set out in MC Financial Regulations
(Procurement Procedures).  It builds on existing processes and guidance in use within the Council and
intends to re-use existing controls where they have been shown to be effective.  It will be subject to periodic
review  so that any improvements / lessons learned from initial implementation can be incorporated. 
1.2 There are differences in the management and governance arrangements between capital projects
(Property and Infrastructure) and other projects, for instance due to the specific requirements for
construction projects such as the Construction (Design and Management) Regulations 2015. The
framework is intended to cover all circumstances with the flexibility to adapt the principles to suit the scale
and type of project.
1.3  The framework is designed to ensure that the right environment for project success is created
within the Council.  It will define structures and processes that will ensure that projects are managed well
and in accordance with this framework’s key principles; that projects are aligned to the Council’s strategic
objectives, and that any projects exhibiting conditions of failure are identified on time and appropriate
corrective and mitigating measures are put in place.
1.4 Project management governance provides a framework for accountability and responsibilities,
ensuring that project decision-making is robust and logical and that projects provide value to the
organisation.  It offers a mechanism for ensuring that projects are conceived and implemented in
accordance with agreed standards and regulations.
1.5 A Project, within the context at MC, is defined as:
 A unique, transient endeavour, undertaken to achieve planned objectives, which could be defined
in terms of outputs, outcomes, benefits or strategic objectives. 
o Outputs - are the tangible or intangible products typically delivered by the project.
o Outcomes – are the changed circumstances or behaviours that result from the use of an
output.
The decision to implement a planned piece of work as a project is the responsibility of Corporate
Management Team (CMT) and the decision must be informed by the category given to the project as
described at Point 5.1.  
1.6 For the purpose of this policy, governance could be applied at a programme level if felt to be
appropriate by CMT.  A Programme, within MC context, is defined as:
 A group of related projects and change management activities that together achieve beneficial
change.
This would mean, for instance, that a programme consisting of a number of projects across Moray could
be treated as one entity under this policy, meaning that the policy would not have to be separately applied
for each individual project within the programme.
Commented [MA1]: Based on Strategic Projects only (see 1.7) 
The policy is predominantly about Strategic Project with passing
reference to Basic and Intermediate in Appendix 4
- BASIC Category - No project board required; change can be
implemented as BAU.
- INTERMEDIATE Category - Change should be implemented as a
PROJECT but with limited governance.  
- STRATEGIC Category - Change must be implemented as a project
with full project governance in place.
Commented [MK2]: I would suggest it is important that there is
a simple register of all change activity taking place across the three
levels. A lot of basic and intermediate activity could collectively
create an impact on the organisation and there is the potential that
they counteract objectives of strategic projects.  The PMO could
regularly review the register to identify cross cutting risks and
opportunities.  
Commented [MA3]: I agree but although we have a centrally
held RADIC log projects are now holding their own versions and
therefore overall transparency, awareness and reporting is no longer
possible.
Deleted: full
Deleted: after
Deleted: 12 months of publication
Commented [MA4]: Reiteration that this is about Governance at
a Programme level i.e. Transform rather than Intermediate and Basic
projects
Deleted:  for an organisation
Commented [VC7]: For clarificaiton then any Education projects
could sit under Transform Education Board therefore ASN and
Digital projects sit here rather than separate board?
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3 
1.7 Whilst the standards and processes articulated in this document are seen as best practice for all
projects within the organisation, compliance will only be enforced and monitored for projects that:
 Requires significant capital or revenue investments – significant investment means having a value
of £2M or more over the lifecycle of the project and any resulting contract/s as set out in the MC
Procurement Strategy (Procurement Procedures). 
 “Strategic” projects whose implementation exhibits a high level of complexity, ambiguity, tension,
uncertainty or risk as identified during categorisation in accordance with Appendix 4. 
 Projects that are forecast to deliver substantial cost savings as identified by the Council’s Corporate
Management Team (CMT). 
2 MC Project Management Governance Principles
2.1  To provide an appropriate level of proportional and consistent governance across the Council, the
project life-cycle and associated processes are underpinned by the following key principles:
2.1.1  Accountability and Responsibility:  A single point of accountability will exist for all projects within
a Service area.  This point of accountability will be the aligned to a member of CMT or Head of Service (HoS),
while responsibility for ensuring that an individual project is run in compliance to this framework lies with
the Project Sponsor (also referred to within MC as Senior Responsible Officer (SRO)).  It is acceptable for a
member of CMT to also to be the Project Sponsor.  The practical application of the framework and the
actual management of the project will be undertaken by a suitably trained/qualified Project Manager.
2.1.2  Openness and Transparency:  Project performance will be visible across the different levels of
governance, and reporting will be consistent, with a minimum data requirement set for all project status
reports.
2.1.3  Financial Management and Cost Transparency:  All projects will adhere to the Council’s Financial
Regulations.  Whole life-cycle costs will be estimated for all projects, including additional internal staff
costs, and updated cost information will inform the business case and the tender process.  Changes to
baseline costs will be documented via Change Control process.  
2.1.4  Conduct of Procurements:  All procurements carried out either as the key objective of a project or
as a subsidiary activity must be carried out in accordance with MC Financial Regulations (Procurement
Procedures).
2.1.5  Continued Business Justification:  The project Business Case in the case of change projectswill be
updated and reviewed at key decision points.  Projects will only progress if the viability of the Business Case
is confirmed and assumptions validated.
2.1.6  Technically assured and well managed projects:  All projects will be supported by sound technical
and specialist advice and managed by suitably qualified and experienced Project Managers supported by
appropriate project teams.  Projects involving procurement will be supported by a lead Procurement
Officer.  When applicable, adequate feasibility studies will be completed with robust scoping and where a
reference site is used, comparison will be based on requirements and accrued benefits.
2.1.7  Risk Management:  All projects will have a well-defined risk and issues management strategy and
report on to risk and issues.
2.1.8 Well-defined roles and responsibility:  Roles within projects will be well defined with training and
support provided to ensure that obligations under this framework are understood and embedded within
Deleted: 1M
Commented [MA8]: Confirmed with LP that this should be
£2m based on Procurement Strategy 21/23::
“£50,001 to £2,000,000 – following supplier selection process, a
quotation process for certain construction projects.” 
Deleted: TMC
Deleted: , and the Quality Plan (suite of technical specifications
and plans) in the case of infrastructure projects,
Deleted: or Quality Plan
Commented [VC9]: Definition of management and role of
project manager and team?
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4 
projects.  It is compulsory for all members of Project Boards and all Project Sponsors to complete a training
session on this framework before serving on a Project Board.  For projects involving procurement, all those
involved in the procurement activities must also have current procurement authorisation at the
appropriate level and have had the necessary procurement training.
2.2  Supporting these principles are the monitoring checks and processes defined by this framework
along with self-evaluation tools (PACE).  These checks are carried out through a number of decision points
that are based on the OGC Gateway framework.  These check-points and processes are described in Section
5.0.
2.3  These checks and processes will ensure that the right environment and culture for project success
is maintained across the Council with emphasis on three key project variables – the quality of the project
deliverables and benefits (scope), the overall cost of the project, and the project time-scale.
3 Project Life-cycle
3.1  All projects regardless of complexity, scale or subject do share common features that allows for the
design of a generic life-cycle.  This life-cycle shows the different stages that projects progress through and
are used as mandatory governance checkpoints.
3.2  The project life-cycle will normally have 6 stages; Conception, Definition, Initiation & Planning,
Delivery, Closure and Post Project Review.  These stages apply to all strategic category projects e.g.
transformational saving projects, capital projects (property and infrastructure), ICT projects and other
services-led projects within the Council (Note: For certain capital projects RIBA will be used, and project
delivery may use other project disciplines as appropriate e.g. Agile). To steer a project through the project
life-cycle, a Project Board must be assigned to manage the project – this is either done by forming a new
Project Board, or by assigning the project to an existing Project Board which has relatable project objectives
in.
3.3 The full make-up of a Project Board under Prince2 is described in Appendix 1, but there will be
situations where a Project Board consisting of just a Sponsor and Project Manager/Procurement Lead will
be sufficient.  It is the responsibility of the Project Sponsor to ensure that the make-up of the Project Board
adequately reflects the requirement for good project control but at the same time is not disproportionate
to the scale of the project.
3.3  Conception (is the stage at which an idea is created or a need (a requirement for change) is
identified and a strategic decision is made as to whether or not it should be pursued. 
3.4  Definition (involves a full exploration of the change requirement and the development of the
associated business case; the scope for the project is considered and procurement approaches
investigated. 
3.5  Initiation and planning () – A full plan for implementing the change is created and a contract or
contracts awarded to any 3rd party suppliers as a result of commercial competitions carried out as part of
the project.  This is the Production Information and Tender stage for capital project procedure. 
3.6  Delivery – This is the implementation stage for the project, where the project objectives are
delivered and responsibility handed over from project to the business.
3.7  Closure – the project is drawn to a close and a review is carried out to confirm if there are any
deliverables that have yet to be delivered and to formally end the project organisation. 
3.8  Post Project Review – this is the stage at which the project is reviewed to confirm achievement of
expected benefits and to ensure that lessons learned are identified and propagated through the
organisation. 
Commented [AS10]: How will this be delivered – nothing
currently in the annual offering. Decision on how this will be
delivered external v internal course. Budget available or how will
this be managed i.e. annual training requests? 
Commented [MA11]: Agreed
Commented [MA12]: Explore confirm training / resources OR
amend paragraph Alternative wording if no provision “It is advisable
that all members of Project Boards and all Project Sponsors have
read and understood this framework before serving on a Project
Board.  For projects involving procurement, all those involved in the
procurement activities must also have current procurement
authorisation at the appropriate level and have had the necessary
procurement training.” 
Commented [VC13]: Are we confident that all those leading
projects at teh moment have been trained in both project
management and procurement and if not what are the timescales
and mitigations? 
Commented [MK14]: It might be useful to provide definition for
how RIBA and Agile interact with the 6 stages.  For example,
definition could be RIBA 2/3 and initiation / planning 4/5.
Commented [MA15]: Could be part of an appendix?
Commented [DW16]: TO BE DEVELOPED AS GUIDANCE/ADD
ON
Deleted: . 
Deleted: with
Deleted: Strategic Outline Case)
Deleted: Outline Business Case)
Deleted: Full Business Case
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5 
3.9 A diagrammatic representation of the project life cycle is shown below with the appropriate
documentation and governance objectives for each stage: 
Diagram 1 - Project Life Cycle
3.10  Current Capital project life-cycle matched to the generic project life-cycle:
Diagram 2 - Project Life Cycle matched to Capital Project Life-cycle. 
4 Governance Structure and Responsibilities
4.1  The governance structure is a hierarchical arrangement of lines of accountability for project
governance within the Council.  It shows how information about the management of a project’s status, risk
and issues flows between the different levels of responsibility.
4.2  CMT through Service Management Teams (SMT) or, where in place, existing high-level Governance
Boards (HGB) will act as the single point of overall accountability for all projects within that Service. HoS
will be responsible for service projects and programmes (Note: a member of CMT may take responsibility
for any cross service projects or programmes as necessary)
4.3  Whilst overall accountability for enforcing/ensuring compliance rests with CMT / High-Level
Governance Boards (HGB) and/or Service Management teams, responsibility is devolved to the Project
Sponsor and the Project Board for each project.
4.4  HoS / CMT will ensure that an appropriate report is forwarded to the relevant Strategic Committee. 
These triggers are defined in Section 5.
Commented [VC17]: Is this level of documentation essential for
all projects?  eg small project does it really need FBC? 
Commented [MK18]: I would make a case for FBC being in the
initiation and planning stage.  This is when procurement activities
will conclude and offers a last review prior to delivery being
initiated.  This would move OBC to definition and SOC to conception.
Commented [MA19]: I disagree as the FBC needs to be
approved and project defined before any detailed plan and
commitments can be made for delivery. 
The term SOC isn’t used within this process and would require major
reworking of the policy to incorporate 
Commented [DW20]: This isn’t a critical point – as long as
process is followed pre-commitment and initiation so have left as is
Commented [MK21]: What about projects and programmes
that span services, who takes responsibility?
Commented [MA22]: Updated re CMT
Deleted: .
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6 
4.5  The diagram below shows the full reporting structure for project management governance within
the Council: 
Diagram 3 - MC Project Management Governance Structure
4.6 For construction projects, the project management team structure defined within the Scottish
Government Construction Procurement Manual will apply, with the “Project Owner” (also referred to
within MC as Senior Responsible Officer (SRO)) responsible for ensuring that the level of governance
defined within the Council project management governance framework is implemented.  Table 1 below
maps the roles within the Scottish Government Construction Procurement Manual to the Council’s Project
Management Governance Framework.  Appendix 2 shows the full project team structure for the Scottish
Government Construction Procurement Manual.
Project Management
Governance Framework 
Policy Roles
Scottish Government
Construction Procurement
Manual Roles
Moray Council 
Terminology
Strategic Committees Investment Decision Maker Committee (e.g. ECLS)
CMT /High-level Governance
Board (HGB)
Investment Decision Maker Transformation Boards
Project Sponsor Project Owner  Senior Responsible Officer (SRO)
Commented [MA23]: Updated version below
Deleted:
Deleted: TMC
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7 
Project Board members 
Project Manager 
Senior Supplier 
Senior User
Project Board members 
Project Manager 
Project Sponsor 
Service User Representative  Client
Technical assurance – Service
level implementation
Client Adviser Client
Project Team – Service level
implementation (not defined
within framework)
External consultant Project
Manager / Consultants  /
Contractors / Supplier 
Table 1 – The Scottish Government Construction Procurement Manual roles within MC Project Management Governance
structure.
4.7  Governance Responsibilities.  This defines the governance responsibilities at the different layers of
the governance structure:
4.7.1 Elected Members – Strategic Committees
a)  The Strategic Committees will authorise the investment decision of appropriate projects in
accordance with MC Financial Regulations. 
b)   The Strategic Committees will provide independent and objective scrutiny of projects that are
forecast to go above the defined tolerance level (typically 10%), ensuring that sound financial
decisions are made.
c)  They will receive regular monitoring reports from  CMT and will scrutinise the reports to confirm
that project/programme benefits are delivered within budget and timescale.
4.7.2   CMT/SMT / High-level Governance Boards
a)  CMT/SMT serve as the single point of accountability for their assigned projects. The High-level
Governance Boards (HGBs) provide scrutiny and application of the governance process.
b)  The High-level Governance Boards are:
 Asset Management Group (AMG): chaired by the Chief Financial Officer  – responsible for
ensuring the governance framework is applied for all capital projects and programmes
within the capital plan. 
Department Management Teams (DMT): Chaired by individual Depute Chief Executives –
responsible for ensuring the governance framework is applied to all Service-led projects.
 The Project Initiation and Benefits Realisation Board (PIB/BRB) – CMT/SMT chaired by  the
Chief Executive, it  will provide: 
o An initial strategic assessment of all project mandates ensuring that a project fits
into the strategic and operational objectives of the Council, that it is not a
duplication of work and that there are sufficient resources within the organisation
to undertake the project.
o Risk escalation from projects 
o A review of the effectiveness of the project outcomes in the form of Benefits
Realisation 
 Transformation Programme Boards (TPB): There are three (Council, Economy and
Learning) chaired by members of CMT - responsible for ensuring the governance
framework is applied for projects that fall within the efficiency programme.
Deleted: TMC
Deleted: Corporate Directors
Deleted: Corporate Directors
Deleted: Corporate Directors
Deleted: Current
Commented [MA24]:  ICT Gateway removed, should this also be
removed?
Commented [AD25]: My comment would be that we must still
ensure that ICT are aware of project so that resources can be
allocated as most projects will have some sort of ICT involvement.
Commented [MA26]: DW advised that would be part of the
CMT/SMT review 
Deleted: Corporate Director
Deleted: (Economy, Environment, Finance)
Deleted: (Corporate Services)
Deleted: Service
Deleted: SMT
Deleted: Corporate Director
Deleted: ¶
Deleted: Corporate Director
Deleted:  (Corporate Services)
Deleted: a
Deleted: the Chief Executive
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8 
d)  The HGBs will provide governance assurance to the Strategic Committees – so that elected
members can be assured that current and proposed projects have embedded the structure and
processes defined within this framework.
e)   The HGBs will review project monitoring reports, confirming that there is continuous business
justification for the project and will authorise gateway progression through the project life-cycle as
necessary e.g. OBC/FBC etc.
f)   The HGBs will review and authorise project variables and re-baseline recommendations from
the Project Sponsor.  (Re-baselining is when a remedial action has been taken to change the
baseline figure of one or more of the variables of a project; for example when the delivery time-
scale is changed to account for a revised implementation date.)
g)   The HGBs will provide support and advice in resolving issues and in implementing mitigations
against risks. This may include providing independent assurance to Project Boards.
h)  Make decisions on tolerance levels.
4.7.3  Project Sponsor:
a)  The Project Sponsor makes decisions with regard to management of the project.  The Project
Sponsor owns the business case and is responsible for providing continuous justification of the
business case to the HGB.
b)  Responsible for providing project status reports and exception reports to the HGB; making
recommendation for gateway progression to the HGB. The recommendation will be supported by
a stage report and a completed checklist (See Appendix 3) to show that all aspects of the project
variables have been considered before a recommendation is made to the HGB.
c)  Work with the Project Board to ensure that proposed benefits are accrued and evidence of such
benefits is captured.
d)  Makes recommendation on the re-baselining of project’s variables and demonstrate the
astuteness of re-baselining.
e)  Own the risk mitigation plans and project objectives.
f)  Ensure that a suitably trained Project Manager is assigned and that there are appropriate
resources to deliver the project.
4.7.4  Project Board:
a)  The Project Sponsor is responsible for setting up and chairing the Project Board.  The Project
Sponsor must ensure that all the responsibilities assigned to the Project Board are met.
b)  Whilst these responsibilities may be delegated to the Project Manager, true responsibility
remains with the Project Sponsor.
c)  The Project Board will provide assurance to the relevant HGB that appropriate risk mitigation
plans are in place for all project risks, regularly monitor the viability of the mitigation plan, and
report any exception to the HGB.
d)  The Project Board will provide assurance to the HGB that the financial management of the
project is within tolerance and report changes to baseline figures to the HGB.
Deleted: .
Deleted: or quality plan
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9 
e)  Seek technical assurance from the appropriate Service specialist team for the project to ensure
that proposed technical solution fits into the Council’s strategic goals.
f)  The membership of Project Boards will be only for officers that have completed the necessary
training and / or have experience.  Project Boards may also have supplier representation when the
supplier has been contracted to act as an agent for the Council or to provide specific advice relating
to the requirements.  The Sponsor is responsible for ensuring that they understand their role on
the Project Board.
5  The Governance Process – Governance Checkpoints
5.1  It is the responsibility of  HoS to ensure that all change initiatives within their Service are assessed
against the criteria set in Section 1.7.  If a change initiative is not run in accordance with the policy, the
rationale must be evidenced as to why not.  The impact/complexity categorisation matrix is at Appendix 4.
5.2  The governance process provides the mechanism for the project management governance to
exercise its responsibilities under this framework.  The process is designed to confirm governance
compliance during the key decision-making points within the project life-cycle.  The principle is that these
decision-making points are seen as gateways that are shut, and have to be proactively opened before a
project can move forward.  This is based on the OGC Gateway framework.  Diagram 4 below is an
overview of the process. 
Alternate version with all projects 
Deleted: mandatory
Deleted: course
Deleted:  (to be developed)
Deleted: ideally
Deleted: Corporate Directors
Commented [MA29]: Updated and new version below
Deleted:
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10 
Diagram 4 – Strategic Governance Process (High Level)
5.3  There are 5 gateway points (G1 to 6) - the expectation for each gateway is specified in the Table 2
below.  It is expected that the Project Board through the Project Sponsor will provide the required evidence
to the HGB to demonstrate that the project is ready to progress through the gateways, and as a minimum
in procurement projects the Sponsor/Board must approve the business case, project plan, strategy, and
tender board report.
OGC Gateway
Descriptions
Project
Lifecycle
Stage
Evidence provided to the Project
Initiation Board (PIB) / High-Level
Governance Board (HGB)
Outcome
Gateway 1 (G1) 
Strategic
Assessment and
Business
Justification.
Project Initiation
Board (PIB) 
Conception  Evidence showing that a Mandate has
been developed – to show the
justification for the project; the scope,
objectives, timeframe and timescales
and initial estimates of costs and
benefits. 
Completed Gateway 1 checklist – see
Appendix 3 
 Approval to fully
investigate and
define the project. 
 Align to appropriate
HGB.
Commented [MK30]: I would create a synergy with section 3.9
and have 6 stages – splitting closure and post project
Commented [MA31]: Done
Deleted: 5
Commented [MA32]: At what point is the Board formed – after
the mandate for the development of the OBC, or after the OBC is
signed off?
Commented [DW33]: Suggest after the OBC
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11 
Gateway 2 (G2) 
Delivery Strategy.
High-Level
Governance
Board (HGB) 
Conception  Evidence showing that an Outline
Business Case has been developed – to
show the justification for the project;
the scope, objectives, timeframe,
options, timescales, risks assessment,
estimates of costs and benefits. 
Completed Gateway 2 checklist – see
Appendix 3
 Approval to fully
investigate and
define the project.
Gateway 3 (G3) 
Investment
Decision. 
High-Level
Governance
Board (HGB)
Definition  Evidence showing that assumptions in
the Outline Business Case have been
validated and a Full Business Case has
been produced – showing requirements
specification (quality), cost, timescale,
results of pre-market research, risks and
issues and a procurement strategy. 
Evidence that the Project Sponsor has
nominated a Project Board. 
Evidence that nominated members of
the Project Board have received formal
training on the Council’s Project
Management Framework Policy 
Completed Gateway 3 checklist – see
Appendix 3 
 Approval to start pre-
market activities and
create project
implementation plan. 
Gateway 4 (G4) 
Prepare for
delivery. 
High-Level
Governance
Board (HGB)
Planning and
Initiation 
Evidence showing that a Project
Initiation Document (PID) has been
completed and assumptions in the Full
Business Case have been clarified and
validated where necessary. 
Evidence showing that the project cost
model and other assumptions has been
reviewed. Where applicable, payback
period and Return on Investment (RoI)
strategy agreed.
Evidence showing that risk and issues
management approach has been
agreed.
Evidence of completion of appropriate
competition via a tender board report.
Completed Gateway 4 checklist – see
Appendix 3
 Approval to award
contract and begin
implementation of
project delivery.
Deleted: For infrastructure projects, evidence showing that a
Quality Plan has been created and estimated project cost have been
provided. ¶
Deleted: For infrastructure projects, evidence showing that the
Quality Plan has been reviewed – with project cost updated and that
design review frequency has been agreed and verification plan is in
place.¶
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12 
Gateway 4a
(G4a) 
Project
Commencement 
High-Level
Governance
Board (HGB)
Delivery  On-going process.  Evidence showing
that the project is progressing within
tolerance and that risks and issues are
being managed. 
Evidence showing that the business
case has been reviewed and updated
and project cost model is still valid. 
Evidence showing that risk and issues
management strategy is working. 
Evidence showing that project is
delivering milestones. 
Completed Gateway 4a checklist – see
Appendix 3 
 Approval to go live /
proceed. 
Gateway 5 (G5) 
Operational
Review & Benefit
Realisation 
High-Level
Governance
Board (HGB)
Closure  Evidence showing that the project has
delivered the key deliverables and any
immediate benefits are been realised. 
Lessons Learned.  Evidence confirming
that longer term project’s benefits have
been delivered. 
Completed Gateway 5 checklist – see
Appendix 3.  
 Approval to close
project and
commence post
project review /
benefit realisation
Gateway 6 (G6) 
Operational
Review & Benefit
Realisation 
High-Level
Governance
Board (HGB)
Post Project
Review
Evidence showing any outstanding
project deliverables and longer term
benefits have been realised. 
Lessons Learned.  Evidence confirming
that longer term project’s benefits have
been / or are being delivered and
reported within a specified time period
under assigned operational services. 
Completed Gateway 6 checklist – see
Appendix 3.  
 Project review /
benefit realisation
Table 2 – Mandatory Governance Checkpoints
5.4  Information will be passed up the governance structure through Project Status Reporting; these
reports will be triggered by the mandatory check-points in the governance process and by exception when
a project is forecast to exceed a defined tolerance level. 
5.6  Mandatory trigger points for reports to committees are before check-point G3 – project definition
stage and check-point G5 –post project reviews. 
5.7 Exception reports will be triggered by the following conditions – 
• Explicit request from existing Full Council or “Strategic Committees”; 
• Explicit request from Audit and Scrutiny Committee; 
Deleted: For infrastructure projects, evidence showing that the
Quality Plan has been reviewed and that design review is
progressing as planned and project budget is within tolerance.¶
Deleted: / Post Project Review
Commented [AD34]: Should that be any immediate benefits?
Should it evidence outputs and outcomes?
Commented [MK35]: Separating this into 2 stages will enable
closure consideration of benefits that have been realised and post
project with benefits to be realised.  
Commented [MA36]: Done
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13 
• If there is a significant (above 10%) increase in initial cost estimates between the G3 and G4
review. 
• During the Delivery Stage when a project is forecast to exceed defined tolerance level in respect
of time or benefits to be delivered. 
6  Project Status Reporting 
6.1  Project Status Reporting provides the monitoring and control functions that enable the critical
assessment of the ongoing viability of the project and reports on the overall progress of the project.  
6.2  It defines how the overall status of projects, risk and issues are communicated across the
governance structure. 
6.3  The Project Sponsor is responsible for providing project status reports to the appropriate HGB.  The 
CMT and HoS are accountable for providing reports to Elected Members while the Project Sponsor is
responsible for generating the report. 
6.4  Reports to Elected Members will be provided prior to mandatory check points G3 and G5 and when
tolerance levels are forecast to be exceeded.  Check points are as described in Section 5 of this framework. 
Project Sponsors will be expected to raise exception reports between gateway points when required. 
6.5  Project Sponsor will provide project status reports to the HGB at every check-point and will provide
exception reports when a project requires remedial action or when a project overall RAG status is RED.  The
report will be circulated to members of the HGB 3 days before a HGB meeting. 
6.6  The Project Manager will provide regular project status reports to the Project Board based on the
frequency of meetings and requirements e.g. monthly, quarterly.
6.7  A project status report regardless of gateway point will contain the following minimum dataset:
• Project Life-cycle Stage 
• Project current Gateway 
• Over-all Project RAG status 
• Project Risk RAG status 
• Project Issue RAG status 
• Statement of validation of business case 
• Milestones update 
• Financial update 
• Risk and issues update 
• Changes and comparison to original baseline figures 
• Changes to original impact assessments. 
• Project Sponsor name and official designation 
• Project Sponsor Recommendation 
6.8 If a project status report fails to provide the minimum dataset, then the report will be considered
as in-complete and the Project Sponsor would be require to re-submit the report with the missing data. 
6.9 All project status reports will be accompanied by the appropriate stage checklist (See Appendix 3)
e-signed by the Project Sponsor, confirming that due diligence has been completed for key aspects of the
project. 
Deleted: Corporate Directors
Commented [MK37]: Frequency expectations?  Monthly,
quarterly?
Commented [MA38]: I think it’s hard to define to that level as it
would depend on project / programme and the board meeting
frequency, and even the stage the project is at e.g. with little activity
in the pre delivery stage it may be 2 monthly or less, whereas if
there were intense activity it could be appropriate to have reporting
2 or three weekly 
Anything outwith the cycle should be escalated as necessary
Deleted: or quality plan
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14 
6.10  If, after going through a check-point, any changes to baseline figures outside of the agreed
tolerance levels of the project would require a new gateway review for the current gateway.
6.11 BRAGG Definitions: 
6.11.1  Black, Red, Amber, Green, Grey (BRAGG) provides an expanded traffic light visual representation
of the current state of a reported item against the current baseline.  Black denotes “complete” whilst Grey
is “not started”.  The overall purpose of a Red, Amber, Green (RAG) status is to indicate the level of
attention and the action required at a particular point in time.  RAG definition will be applied and be
reported separately for the overall project status, project risk management and for project issues. 
6.11.2  Overall RAG status must generate consistent response across all projects within the Council, hence
the overall RAG system has been defined against expected responses.
6.11.3  The overall RAG status for a project must be a cumulative of the RAG statuses of three areas of
project objectives – quality (scope), cost and time.  Hence a project would not normally be RAGGED green
if any of the three variances are RAGGED at any other colour.  The project would be RAGGED with the worst
RAG status. 
6.11.4  Project risks are to be RAGGED against the level of control that the Project Board have on the
mitigation plan.  This will be based on the standard Red, Amber and Green levels.  For clarity, risk can be
defined as an uncertain event or set of events, which should it/they occur, will have an effect on the ability
to deliver a project.  Refer to Section 7.5 for more details. 
6.11.5  Project issues are to be RAGGED against implementation of a resolution i.e. an indication of
whether issues are under control or not.  This will be based on the standard Red, Amber and Green levels. 
For clarity, issues are unplanned events or conditions that have already happened or are currently
happening and that have impacted or are currently impacting on the objectives of the project.  Refer to
Section 7.5 for more details.
6.11.6  RAG definition for OVERALL Project Status and expected response:
RAG
Status
Objectives
(Scope)  Budget  Schedule
Response
Red Deviation
imminent or has
occurred on the
agreed project
objectives and
scope. 
Imminent
increase above
the 10%
tolerance
threshold on
the estimated
project cost for
that particular
milestone or for
the whole
project. 
Project on
course to miss
milestones
delivery dates
or projected
closure date. 
 Project Sponsor to escalate to
High-Level Governance Boards
(HGB) with an Exception Report. 
 HGB to inform appropriate
strategic committee if committee
level tolerance threshold are
broken.
 High level remedial action
required and discussion with the
Service Director for the
appropriate action. 
Amber Likely imminent
deviation from
the agreed
project
objectives. 
Likely imminent
increase on
estimated
project cost for
that particular
milestone
delivery or for
Likely imminent
issues with
delivery
timescale; a
milestone date
may be missed. 
 Raise awareness with HGB. 
 Project Board to take remedial
action. 
 Project to be monitored and
project’s critical path reviewed.
Project Board to start remedial
action.
Deleted: can’t
Deleted: Quality
Deleted: Cost
Deleted: Time
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15 
the whole
project. 
 Project Board to review
assumptions on business cases,
cost benefit report and review
project’s critical path and analyse
impact. 
Green No deviation
expected from
the project
objectives 
No deviation
expected from
the estimated
project cost. 
No issues with
timescale;
current project
milestone will
be delivered in
time. 
 No action required. 
Table 1 - RAG Definitions for Project Status Reporting 
6.11.7  RAG definition for RISKS measured against Council’s control of the mitigation plan. 
RAG
Status 
Description  Response 
Red  No mitigation plan in place or the Project
Board has zero control over the mitigation
plan or no control over key critical paths of
the project or mitigation plan is unknown
because the mitigation information is not
available. 
 Project Sponsor/Board to engage with
stakeholders, re-assess the project’s
critical pathways and identify contingency
plans. 
 Update risk register accordingly.
 Project Sponsor to escalate to HGB. 
Amber  Mitigation is partly in place but does not
cover end to end management of the risk as
the Project Board does not have “managed
control” of all aspects of the risk. 
 Project Sponsor/Board to engage with
stakeholders, re-assess the project’s
critical pathways and identify contingency
plans. 
 No escalation required. Update risk
register accordingly. 
Green  Mitigation plan in place and all aspect of the
risk can be control by the Project Board. 
 Continue to monitor the risk and update
risk register accordingly.
Table 2 - RAG Definitions for Project Risks reporting 
6.11.8  RAG definition for ISSUES measured against resolution 
RAG
Status 
Description  Response 
Red  No resolution identified yet or resolution has
impact on business case. 
 Escalate to the HGB. 
 Project Sponsor/Board to engage with
stakeholders, re-assess the project’s
critical pathways and business case. 
 Service Director to consider Exception
Report for Strategic Committee. 
Amber  Resolution identified but problem with
implementation. 
 Project Sponsor/Board to engage with
stakeholders 
 Escalate to the HGB. 
Commented [MA39]: Overall visibility of Risks and Issues no
longer in place for Strategic Projects and there is a variance of
approach 
DW – Should each board highlight report go to CMT/SMT e.g.
quarterly? 
Is this idea a duplication of Transform Boards as they receive reports
and the highlight reports as part of the meeting cycle?
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Green  Resolution identified and implementation in
progress. 
Project will be able to proceed soon with
limited impact. 
 Maintain on Project Log and monitor as
on-going.
Table 3 - RAG Definitions for Project Issues reporting
6.11.9 RAG Status on re-baselined Projects  
a)  Re-baselining is when a remedial action has been taken that changes the baseline figures of one
or more of the variables of a project; for example when the delivery timescale is changed to account
for a revised implementation date or if there is a project cost increase with budget increase agreed
through the relevant HGB or Strategic Committee.  It is essential that the RAG status thereafter
reflects these changes. 
b)  A new RAG status reflecting the current state of the project metrics measured against the new
baseline value is to be reported.  However, in order to provide a complete project life-cycle view,
all re-baselined projects are to be reported on a table – showing original baseline values against
new baseline values and the date that the new baseline was applied. 
c)  This table will form part of the report to the HGB and relevant committee.  The report would
show the original baseline figure. 
7 Standard Processes 
7.1 These processes have been defined to help implement the key principles within this framework
consistently across the Council.
7.2 Requirements Specification and Benefit Mapping: 
7.1.1  Requirements Specification is the capturing and documenting of what a project is meant to achieve
or deliver.  It is the key to aligning project objectives to the benefits that the business is seeking.  Failure to
specify requirements accurately is one of the known high risks to project success. 
7.1.2  A comprehensive Requirement Specification document requires consultation with all key
stakeholders: - this can be achieved via benefit-mapping workshops using the Benefit toolkits or via
requirement workshops with stakeholders.  For procurement projects a User Group will be set up to define
the requirement, procurement strategy for the project and to develop supplier selection and contract
award criteria. 
7.1.3  The requirement specification process will take place at the Project Definition stage helping to
inform the outline business case and forms one of the key metrics for measuring benefit accruals. 
7.1.4  The process will help understand the requirements of the Service; it will help define the scope of
the project and help identify potential dependencies.  The final outcome is a Requirement Specification
document. 
7.1.5  The Requirement Specification document must always specify a minimum viable product/outcome
that will deliver the desired benefits.  This can be a functional product or a quantifiable benefit like cost-
saving or performance improvement. 
Deleted: (training requirement to be developed)
Deleted: (training to be developed)
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17 
7.1.6  A clear link between business requirements and functional requirements must be documented as
this helps validate the minimum viable product/outcome description.  Functional requirements describe
specific tangible functionality of a product. 
7.1.7  It is recognised that most projects require the input from an internal specialist (HR, ICT,
Procurement and Property), therefore consideration should be given for their involvement in G2 e.g.  A
procurement exercise utilising the corporate procurement team).  In the case of capital projects (property
and equipment/infrastructure), corporate standards relating to procurement will apply. 
7.1.8  Technical requirements must be validated by Service-based technical advisory groups where
available.
7.2  Development of Full Business Case: 
7.2.1  The Business Case is the business justification for a project.  It demonstrates why and how the
requirement specification will help us meet a business need.  No project should progress to delivery without
a business case.  There will be a suite of documents capturing the approach to specification and delivery of
an infrastructure project (scheme). 
7.2.2  Business Case and supporting documents captures information on expected benefits/deliverables
and estimate cost of delivering the benefits/deliverables. 
7.2.3  The Business Case is owned by the Project Sponsor and updated throughout the project so as to
confirm the continuous viability of the project. 
7.2.4  A Mandate and Outline Business Case (OBC) are created at the Project Conception and Definition
stage with several assumptions made.  Validation of these assumptions and dependences must be
completed before a full Business Case is signed off by the Project Board.  . 
7.2.5  The Business Case is reviewed at every gateway by the HGB and its validity confirmed in line with
the principle of continuous business justification. Hence a Business Case will only be deemed valid until the
date of a checkpoint. There will also be reviews of the suite of design documents as the project develops
and more detail is available. 
7.3  Project Financial Management 
7.3.1  Project financial management looks at the management of the financial aspects of a project.  It
covers the management of the project’s budget; spend profile and the management of the procurement
of deliverables within the project. 
7.3.2  The Project Sponsor has overall responsibility for the financial management of the project and must
ensure compliance with MC Financial Regulations. 
7.3.3  The Project Sponsor must ensure that a business case has been established. This should examine
all of the possibilities for meeting the Requirements Specification.  In respect of projects with a value in
excess of the OJEU tendering threshold, the Sponsor will be supported by a lead procurement officer.
7.3.4  The Project Sponsor will provide assurance that the cost model on which financial and budgetary
assumptions about the project is based has been validated.  This assurance will be provided through
continuous validation of the business case at every governance decision check-point.  The assurance
reviews will be documented, with decisions recorded, and will be undertaken by the HGBs.  For significant
projects, an HGB may consider an external independent project review to be necessary.  
Commented [AD40]: Is there a requirement for a similar
paragraph for ICT involvement?
Commented [MA41]: Could do or split this one into two parts,
although there are also other internal support teams which could be
involved e.g. HR, Property
Deleted: a
Deleted: so the
Deleted:  must be involved at Gateway 2 (G2
Deleted: /Quality Plan
Deleted: commence
Deleted:  or quality plan in the case of infrastructure projects
Deleted: Quality Plan is
Deleted: /Quality Plan
Deleted: For Infrastructure projects, a Quality Plan will serve the
purpose of a Business Case within this framework
Deleted: This applies to Quality Plan in that it is only valid until the
next design review date.
Deleted: TMC
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7.3.5  The cost model will cover the whole life-cycle cost of a project; including the cost of project
management products, staff costs, contractors/suppliers cost, finance costs, efficiencies and income. 
7.3.6  Where a project is funded from an external non-Moray Council fund, the Project Sponsor will
ensure that the terms and conditions of such funding does not negate the principles of the Council’s
financial regulations. 
7.3.7  Where project funding and implementation involves “arm’s length external organisations” or
Community partnerships group or external grant, the Council’s Financial Regulations shall take precedence
over all other arrangements. 
7.3.8  At mandatory decision check-points – Gateways 3 and 5 - the Project Sponsor will provide reports
to the HGB and to the appropriate Strategic Committee identifying the proposed source of funding for a
project and the estimated cost.  If the project cost is forecast to increase for more than 10% at any point,
then the Project Sponsor will seek approval from the Strategic Committee to incur the increase.
7.4  Project Procurement 
7.4.1  The Council’s procurement regulation is applicable to all project procurement exercises and it is
as contained within Financial Regulations (Procurement Procedures).  This provides an appropriate
reference to all procurement matters. 
7.4.2  Project Sponsors must ensure that all members of the Project Team and Boards with
procurement responsibilities have undergone Procurement Training to the appropriate levels. 
7.4.3  Project Sponsors must ensure, in line with the current Financial Regulation, before placing an
order that:
 The expenditure is an item or service that is within the Council’s legal powers to incur. 
 The expenditure is within the relevant estimate provision. 
7.4.5  When applicable, the Project Sponsor as defined within this framework will assume the role of
the “Project Owner” as defined within the Scottish Government Construction Procurement Manual and
will ensure that relevant methodologies including but not being limited to competitive stages are initiated
and corporate standards are maintained through the project life-cycle. The CMTor the HGB will assume
the role of the Investment Decision Maker. 
7.5  Risk Management 
7.5.1  The Council’s Risk Management Strategy details the corporate approach to risk management and
sets out the Council’s risk management process. This strategy forms the underlying principle for the
governance of project management risks within the Council. 
7.5.2  Risk can be defined as an uncertain event or set of events, which should it/they occur, will have
an effect on the ability to deliver a project. This could be either a positive or negative effect. Risk
Management is the activity required to identify and control the exposure to uncertainty which may
impact the delivery of a project’s objectives. The aim is to restrict threats to within an acceptable level
(Council’s “risk appetite”), and promote opportunities which will benefit the objectives of the project. 
Deleted:  2015
Deleted: Corporate Director
Deleted: 
Commented [MK42]: 7.5 and 7.6 are negative – risks and issues,
but what about positive opportunities?  I would suggest a section
7.7 that sets out text around projects seeking to identify
opportunities that could enhance further the benefits to be
achieved.  
Commented [MA43]: 7.5.2 does sate that there is both a
“positive or negative effect” and that there is opportunities 
“The aim is to restrict threats to within an acceptable level
(Council’s “risk appetite”), and promote opportunities which will
benefit the objectives of the project.” 
7.6 doesn’t have such wording and although Issue resolution is
reaction to a negative which should provide a positive outcome e.g.
the customer services provision through the pandemic
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7.5.3  Risk management is not about avoiding risk-taking but is about finding ways of managing the risks
to the project to still be able to realise the benefits/objectives of the project. Risk identification and
management is the responsibility of the Project Board, often devolved to the Project Manager. 
7.5.4  A Risk Register must be maintained for a project. The Risk Register will contain all risks that may
impact the project; an action plan listing the mitigation plan – actions/control measures to manage the
risks effectively and a RAG status for each risk as defined in Section 6. 
7.5.5 The Risk Register must be reviewed regularly by the Project Board and the risk status must be
reported along the Project Governance Structure.  Section 6 - Project Status Reporting Risk RAG defines the
reporting requirements and the appropriate RAG definition for Project Risk.
7.6  Issue Management  
7.6.1  Issues are defined as unplanned events or conditions that have already happened or are currently
happening and that have impacted or are currently impacting on the objectives of the project. 
7.6.2  The management of issues requires a systematic approach to ensure that the full impact of the
issue on the project is understood and managed appropriately.  This approach involves capturing the
issue, examining the impact of the issue, proposing a resolution and implementing the resolution. 
7.6.3  An Issue Log must be created for all projects. This Log will serve as the repository for all issues and
allows issues to be tracked and responsibility assigned accordingly.  The Issue Log will provide a description
of the issue, what is affected, who owns the issue, resolution status of the issue and a RAG status for the
issue.  Section 6 – Project Status Reporting Issue RAG defines. 
7.6.4  The Project Sponsor will determine the priority for issues and would escalate them based on their
RAG status to the HGBs through Project Report status. 
8  Support and Training in the use of the Framework 
8.1  To support the delivery of this framework within the Council, an online training course focusing on
the application of the framework will be provided for all staff.  This is a recommended training course for
all project Sponsors/Owners and anyone that is required to serve on a Project Board. 
8.2  Tailored workshop on the implementation of the framework will be available on request.  It is
recommended that Project Sponsors request this workshop for new Project Boards. 
8.3  Training on the use of this framework will not prepare officers to become Project Managers, as
Project Management is a recognised professional discipline.  However, basic training on Project
Management as a discipline is available through the corporate Organisational Development team.  External
training is also available leading to formal qualification. 
8.4  It is the responsibility of the Project Sponsor to ensure that a suitably qualified and experienced
Project Manager is appointed for their project. 
8.5.  A training matrix matching accountability to training requirement will be used to help Project
Sponsor ascertain Project Board training need. This matrix will also provide a link to Project Management
resource within the Council. See Appendix 5
Deleted: adoption
Commented [AS44]: Do we have this resource? 
Deleted: (to be developed / procured)
Deleted: compulsory
Deleted: (to be developed)
Deleted:  (to be developed).
Commented [AS45]: Request it from who? 
Deleted: Employee
Commented [AS46]: Now the Organisational Development
Team – we don’t currently offer this as a course so this position
needs clarification and links to my earlier comments
Commented [AS47]: Should this be added as an appendix?
Commented [MA48]: Good idea
Deleted: designed
Deleted: ¶
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20 
Appendix 1 – Project Board Structure 
Together, the Project Sponsor, the Senior User(s) and the Senior Supplier(s) make up the Project Board. 
The Project Board has authority and responsibility for the project within the instructions set by corporate
or programme management. A good Project Board should display four key characteristics: 
 Authority: The members of the Project Board should be senior enough within the corporate
organisation to make strategic decisions about the project.  As the Project Board is accountable for
the project, the individuals chosen must have sufficient authority to make these decisions and
provide resources to the project, such as personnel, cash and equipment.  The managerial level
required to fill the roles will depend on factors such as the budget, scope and importance of the
project. 
 Credibility: The credibility of the Project Board members within the corporate organisation will
affect their ability to direct the project. 
 Ability to delegate: A key part of the Project Board’s role is to ensure that the Project Manager is
given enough space to manage the project by keeping Project Board activity at the right level.
Project Board members should not be involved in the detail of how the project is managed, nor in
the specialist content of the project. 
 Availability: Project Board members who meet all the above characteristics are of little value to
the project if they are not available to make decisions and provide direction to the Project Manager. 
Project Board members are often from senior management positions, and their Project Board
responsibilities will be in addition to their normal responsibilities.  The concept of management by
exception allows the Project Manager to keep them regularly informed of project progress but only requires
decision-making at key points in the project. 
The frequency and detail of communication required by the Project Board during a project will be
documented at project-level.  Project Board members may require more detail or less frequent information
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21 
at the start of the project.  As the project progresses and the Project Board become more comfortable with
the progress being achieved, the requirement for frequent or detailed Highlight Reports may reduce.  It is
important to review the level and frequency of reporting for each stage of the project.  
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Appendix 2 – Scottish Government Construction Procurement Manual – Project Team 
As per the Scottish Government Construction procurement - Public sector procurement all major works
projects should have an investment decision maker, project owner and project sponsor. This section
explains their roles and responsibilities, along with those of the project manager and client adviser, and
sets out the abilities and training they require, and their relationship to one another (Figure 1, below). 
Deleted: A
Commented [MA49]: Updated version below
Deleted:
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23 
Appendix 3 – Project Sponsor Check Lists 
Project Sponsor Check List: Gateway 1 – 
Strategic Assessment & Business Justification 
Consideration  Yes / No
Strategic Fit Does this prepare the council for future demands or
requirements? 
Alignment with Corporate Plan  
Are the project drivers identified? (Legislation / Council
Priority / Service Development /  Efficiency /
Maintenance) 
Corporate
Capacity & Do-
ability?
Do we have internal/external authority and stakeholder
support for the project?   
High level governance, commitment and support? 
Realistic? 
Any dependencies identified? 
Impact of the
Project
List which services are affected? 
Outlines scale of impact? 
Fit with current organisation design? 
Timetable? 
Resources Do we have the skills and resources available to take
this forward?   
Specialist input?  (External/HR/
ICT/Procurement/Legal?Property) 
Funding Streams Funding requirement / availability to move to next
Gateway? 
Risk Of doing the project? 
Of not doing the project? 
Value Case (Cost v
Benefits)
Is there value awareness – indicative outline? 
Equality Assessment as per council policy? 
Climate  Assessment as per council policy? 
Project Sponsor / PIB Check List: Gateway 2 – Delivery Strategy 
Considerations  Yes / No
Does this project contribute to wider Council and public sector strategies,
within and outside the Council? 
Is the Outline Business Case complete and robust – does it meet the needs of
the business, is it affordable and achievable, future proof, will it deliver value
for money? 
Deleted: Moray 2023
Deleted:  plan?
Commented [AD50]: Do we expand include Procurement and
Legal
Commented [MA51]: Agreed
Commented [AD52]: Should we include a climate field?
Commented [MA53]: Agreed
Deleted: and/or Quality Plan
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24 
Are the requirements clear and unambiguous, and are they aligned with the
programme to which the project contributes? 
Do we have enough commercial expertise to understand the supplier market
capability and track record? 
Is the outline Project Plan, through to completion, sufficiently detailed and
realistic? 
Do we have the right skills, capabilities and management expertise to ensure
success? 
Have the critical success factors and desired benefits been identified and
agreed with stakeholders? 
Have we explored a sufficiently wide range of options to meet the business
need and identified a preferred way forward? 
Have we identified major risks, and do we have outline risk management
plans? 
Can we confirm our planning assumptions, and are there plans, for the
project in place for the next stage? 
Is there a clearly defined and agreed project management structure, with key
roles and responsibilities identified? 
Do we have adequate risk and issue management plans and procedures? 
Project Sponsor Check List: Gateway 3 - Planning and Initiation   
Considerations  Yes/No
Is the Project Plan, through to completion, sufficiently detailed and realistic? 
Can we confirm the Full Business Case and Benefits Realisation Plan,, now
that we have relevant information from prospective suppliers? 
Are the objectives of the project still aligned with those of its programme and
wider organisational and public sector strategies? 
Is the recommended decision on delivery approach likely to deliver what we
need on time and within budget, and will it provide value for money? 
For procurements: Have we followed the agreed procurement strategy, and
have we met all statutory and procedural requirements? 
Do we have sound plans for managing implementation, risk and change, and
are they agreed across the supply chain? 
Do we have continuing stakeholder support for the project?  
Have we addressed the technical implications, such as “buildability” for
construction projects, and information assurance for IT-enabled projects? 
Do we have the expertise and resources to manage the supplier relationship,
and are appropriate management controls in place? 
Have we agreed draft contracts and/or Service Level Agreements?   
Deleted: 
Commented [MA54]: An outline of a plan would be known but
the detailed plan should be in G3 the Planning and Initiation section
Commented [MA55]:  A detailed Project Plan to be in place at
this stage 
Deleted:  or the Quality Plan (for infrastructure projects)
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25 
Project Sponsor Check List: Gateway 4 – Delivery 
Considerations  Yes / No 
Is the Full Business Case still valid and unaffected by internal or external
events or changes? 
Can we confirm that the Benefits Realisation Plan is likely to be achieved?  
Are commercial/legal arrangements with the supplier up-to-date?  
Can we confirm that our plans for managing implementation, roll-out and
operation are achievable and that we have the resources we need? 
Is the Project Initiation Document and management controls in place to
manage the project through to operation? 
Do we have shared plans for managing risk, with contingency and business
continuity plans in place? 
Has full user and system testing and/or commissioning been done to our
satisfaction so that we can approve full implementation and roll-out? 
Is the business ready to implement the business change, with the necessary
resources in place? 
Do we have client-side plans for managing the working relationship, including
contract management, reciprocated on the supplier side? 
Are lessons for future projects being identified and recorded? 
Deleted: or Quality Plan
Deleted: /Quality Plan
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Project Sponsor Check List: Gateway 5 - Closure and Post Project review 
Considerations  Yes/No 
Was the Business Case justification for the project at Gateway Review 3 realistic,
and are the expected benefits actually being delivered? 
Is there agreed timelines for a post-implementation review or equivalent review
of business benefits? 
Do we have the resources in place to manage the contract/SLA successfully and
with continuity of key support personnel? 
If we have made agreed changes, can we be sure that they do not compromise
any requirements of the procurement approach adopted (e.g. change of scope)? 
Is there still a business need for this contract/SLA? If circumstances have
changed, are the service delivery approach and contract adapting to the new
situation? 
Are we actively seeking to improve value for money and performance?  
Are we ready for the future, with plans for future service provision? 
Are we managing the working relationship effectively, with the right ‘intelligent
customer’ skills? 
Are the exit strategy and arrangements for re-procurement still appropriate? 
Are we actively learning from experience and setting maturity targets? 
Are there actions in place to track and report the benefits realisation? 
Project Sponsor Check List: Gateway 6 - Post Project review 
Considerations  Yes/No 
Do we have the resources in place to manage the contract/SLA successfully and
with continuity of key support personnel? 
If we have made agreed changes, did they compromise any requirements of the
procurement approach adopted (e.g. change of scope)? 
Is there still a business need for this contract/SLA? If circumstances have
changed, are the service delivery approach and contract adapting to the new
situation? 
Are we actively seeking to improve value for money and performance?  
Are we ready for the future, with plans for future service provision? 
Are we managing the working relationship effectively, with the right ‘intelligent
customer’ skills? 
Are the exit strategy and arrangements for re-procurement still appropriate? 
Are we actively learning from experience and setting maturity targets? 
Are there benefits still to be realised and actions in place to track and report? 
Commented [MK56]: As above I would split this into 2: 
gateway 5 as closure, gateway 6 post project.
Commented [MA57]: Done
Deleted: For infrastructure projects – was the Quality Plan
realistic?
Deleted: Have we done
Commented [AD58]: Should this also include future dates for
post implementation review as many benefits will take time to be
delivered?
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27 
Appendix 4 
PROJECT CATEGORISATION 
Updated table 
Each project is to be given a low / medium / high Corporate Impact assessment in accordance with the assessment criteria.   
Commented [MA59]: Investment value of £30k out of date now
£50k – updated table below
Deleted:
Commented [MA60]: DW – Most projects will meet these
criteria now, should we add another value threshold?  
•Essential to statutory requirements / compliance with legislation 
•Critical to deliver if a “flagship” Council activity AND / OR critical
to the running of the council 
Deleted: ¶
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28 
Each project is to be given a low / medium / high Complexity assessment in accordance with the assessment criteria.
The Impact and Complexity assessments are applied to the Category matrix. 
 BASIC Category - No project board required; change can be implemented as BAU.
 INTERMEDIATE Category - Change should be implemented as a PROJECT but with limited governance.  
 STRATEGIC Category - Change must be implemented as a project with full project governance in place. 
Appendix 5 - Training Matrix 
Commented [MA61]: Closure Report to confirm completion as
expected?
Commented [AD62]: with benefits outcomes highlighted
Commented [MA63]: Yes
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29 
Role Title Job Responsibilities Minimum requirements
Strategic Committees
(Elected Members)
Authorise the investment decisions Elected Members Induction
which includes Governance
training, Finance training and
IMP overview
CMT /SMT / 3rd & 4th Tier
Managers (High Level
Governance Boards as per
policy) 
Accountable for assigned projects
and provide scrutiny and application
of the governance process
Effective Project Management
Workshop (Basic certificate
level)
Senior Responsible Officer
/ Project Sponsor 
Responsible for ownership of the
project.
Effective Project Management
Workshop (Basic certificate
level)
Project Manager  Responsible for the delivery of the
project
Role specific as identified in job
description and person
specification requirements.
Required skills will be held by
those recruited to posts.
Project Board Member  To support the SRO in delivering the
project and provide assurances
Effective Project Management
Workshop (basic certificate
level)    
Snr /Project Officers   To support the Project Manager in
the delivery of the project
Effective Project Management
Workshop (basic certificate
level) 
Project Stakeholders
(Project Team – service
level implementation e.g.
Finance, Technical Lead, HR
etc.) 
Subject experts who act as
consultants to the project and
support delivery of the project 
Effective Project Management
Workshop (basic certificate
level) 
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Page 77

REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: COMPLAINTS ANNUAL REPORT 2022-23 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 The report informs the Committee of the Council’s Complaints Annual Report
2022-23. 
1.2 This report is submitted to Committee in terms of Section III (A) (4) of the
Council's Scheme of Administration relating to monitoring performance in
accordance with the Council’s performance management framework. 
2. RECOMMENDATION 
2.1 The Committee is asked to: 
i) consider and note the contents of the Complaints Annual Report;
and 
ii) approve the report for submission to the Scottish Public Services
Ombudsman (SPSO). 
3. BACKGROUND 
3.1 All Councils are required to publish performance against the national
performance indicators set by the SPSO. The attached report presents the
Council’s performance against the performance indicators for the 2022-23
reporting period. (Appendix 1) 
3.2 Complaints handling is part of the Council’s performance management
framework. Members receive updates on complaints performance through
routine reports to service Committees.  
Item 8.
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3.3 Compared to the 2021-22 figures, there has been a 10% increase in the
number of complaints received. This increase was expected as services
reverted to being delivered as they had been pre-pandemic. They remain well
below that received prior to the COVID pandemic in 2019/20. The Council’s
complaints per 1,000 population increased slightly but are almost half the
national average. 
3.4 During 2022-23, there was a 4% increase to 81% of complaints dealt with at
frontline stage compared to the 19% dealt with at the investigation stage
including those escalated to investigation. It is heartening to see that most
complaints continue to be dealt with at frontline, as suggested by the SPSO’s
guidance on the Model Complaints Handling Procedure to “take every
opportunity to resolve service users’ complaints at the first point of contact if
at all possible.” The Council are ahead of the Scottish average of 74% and
hope to improve performance through continued staff training, discussions at
quarterly complaint administrator meetings and with Senior Officers. 
3.5 Despite more of the complaints closing within set target timescales, the
average response times have also increased. In particular, Stage 2
complaints have taken significantly longer than usual to investigate having
increased by 31%, this being well above the Scottish average. Our
Complaints Officer regularly works with Complaint Administrators to progress
more complex complaints while periodic checks of the Complaints
Management System are also undertaken to identify any delays or issues. 
3.6 It was raised nationally through the Local Authority Complaint Handlers
Network with SPSO that Education complaints often exceed the Stage 2
period of up to 20 working days due to unavoidable delays arising from school
holiday periods. SPSO declined to have school holiday periods deducted from
the total working days to deal with a Stage 2 Education complaint and advised
that authorised extensions should be applied.         
3.7 In 2022/23, the proportion of Stage 1 complaints that were upheld has
increased to 45% against a national average of 40%. Overall, 57% of Stage 1
complaints were upheld in some way (upheld, partially upheld or closed as
resolution) compared to 73% nationally. 
3.8 Only 24% of Stage 2 complaints were upheld compared to 31% nationally. 
Overall, 51% at this Stage were either upheld, partially upheld or closed as
resolution compared to the national average of 58%. 
3.9 62% of our Escalated Stage 2 complaints were either upheld, partially upheld
or closed as resolution compared to a national average of 57%. 
3.10 This demonstrates that where an anticipated level of service falls short, it is
acknowledged, learning and improvement outcomes are identified and
implemented.   
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3.11 16 (3%) of the complaints were closed as resolution in 2022/23.  All 
were at Stage 1.  Nationally, resolution as an outcome accounted for 16% of 
all closed complaints. The Complaints Officer routinely reviews resolution 
complaints to ensure compliance with complaint handling procedures, not 
undertaken in all authorities, perhaps offering explanation for the variance. 
3.12 As in previous years, Environmental and Commercial Services and  Housing
and Property Services received the most complaints, accounting for 32%
each. A notable change this year is the proportion relating to Financial
Services. This has increased to from 1% to 6%.  
3.13 In April 2022, the Complaints Management System was updated to reflect 
new Department Structure and as a result Taxation is now reported as part of
Financial Services. Alongside this change, there has been an increase in
complaints linked to Council Tax, from 11 in 2021/22 to 29 in 2022/23. No
specific themes are evident and with no recent changes to procedures, this
will be monitored going forward. 
3.14 Learning from complaints is essential if the Council are to improve the way
services are delivered. Essentially, all complaints normally fall into three
categories. A complaint can be about; 
a) policy or procedures in that they are unclear, not agreed with or in need 
of revision; 
b) practice whereby an employee did not follow policy/procedure; or 
c) where the complaints relate to staff behaviours. 
3.15 Monitoring of complaint database closure e-forms shows that learning
outcomes are being completed for individual complaints however increased
scrutiny is being undertaken to look for commonalities that could identify
better learning outcome opportunities with some success. The Complaints
Officer raised this issue of learning from complaints at the Local Authority
Complaint Handlers Network (LACHN) meeting. This identified that,
nationally, Councils tend to process individual complaints without any
structured ways of capturing common complaint themes to allow actions to be
put in place to address them. Work is ongoing nationally to improve upon this.   
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan - Local Outcomes Improvement
Plan (LOIP)
This report supports the Scottish Government’s national outcomes, in
particular the commitment to be accountable to the community as
stated: “Our public services are high quality, continually improving,
efficient and responsive to local people’s needs.” 
Effective complaints reporting is used to ensure the efficient and
sustainable delivery of services to meet the Council’s priorities in
‘Moray 2026: A Plan for the Future.’ Within the Moray Council
Corporate Plan.
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(b) Policy and Legal
The SPSO have made it a statutory requirement to have all local
authorities publish a Complaints Annual Report. 
(c) Financial implications 
It is not anticipated that there will be any financial implications. 
(d) Risk Implications
Failure to adhere to the statutory SPSO requirement may result in
SPSO making a declaration of non-compliance against the Council.
Non-compliance with the statutory duty relating to national standards
being adopted would present risk in terms of reputational damage and
a loss of public confidence in reporting complaints. 
(e)  Staffing Implications
There are no staffing implications related to this report. 
(f)   Property
There are no property implications related to this report. 
(g) Equalities/Socio Economic Impact
The Equal Opportunities Officer has been consulted in the preparation
of this report.   
The Equal Opportunities Officer has recommended that where services
are experiencing high volumes of complaints, the management of
respective services should arrange to identify common complaint
issues and any learning arising. This will help to ensure that complaints
are not arising from situations where customer diversity needs have not
been considered or addressed, e.g. disability or cultural issues. 
He further recommends that where there is evidence or a suspicion
that a complaint is related to characteristics protected under the
Equality Act 2010 (race, disability, sex, religion/belief, sexual
orientation, age, gender reassignment, pregnancy/maternity), services
must make contact the council’s Equal Opportunity Officer. 
(h) Climate Change and Biodiversity Impacts
There are no climate change and biodiversity impacts related to this
report. 
(i) Consultations
The Corporate Management Team have been consulted on the
contents of the Complaints Annual Report 2022-23. 
5. CONCLUSION 
5.1 That the Committee approve the publishing of the Complaints Annual
Report 2022-23 to comply with the SPSO statutory requirement. 
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Author of Report:  John Black, Complaints Officer
Background Papers:   Held by Author
Ref:      SPMAN-2045703626-312
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APPENDIX 1 
Complaints Handling Annual Report
2022/23 
Item 8.
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Contents
Introduction................................................................................................................................... 4
Complaints Performance Indicators ................................................................................................ 5
Indicator 1: Total number of complaints received (including complaints per 1,000 population) ....... 5
Indicator 2: Number and Percentage of complaints at each stage that were closed in full within set
timescales of 5 and 20 working days .............................................................................................. 7
Indicator 3: Average time in working days for a full response to complaints at each stage ............... 8
Indicator 4: The outcome of complaints at each stage .................................................................... 8
Customer Satisfaction .................................................................................................................. 10
Learning from Complaints ............................................................................................................ 11
Conclusion ................................................................................................................................... 12
Contact Us ................................................................................................................................... 12 
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4 
Introduction 
At Moray Council, we aim to provide the highest level of service however there are times when
things go wrong and we don’t meet the expectations of our customers.  When this happens, it is
important we learn from complaints to help us improve our service delivery. 
The Scottish Public Services Ombudsman (SPSO) is the responsible body for complaints handling for
the public sector in Scotland.  Their Model Complaints Handling Procedure (MCHP) defines how they
expect complaints to be dealt with.  In line with this, all complaints we receive are managed under
the two Stage Complaints Handling Procedure:   
We aim to resolve as many complaints as possible at Stage 1 as this helps improve the customer
experience and our service provision.  However if a customer remains dissatisfied following the 2
Stage process, we advise the customer the complaint can be passed to the SPSO for further
consideration.   
All complaints, including the learning outcomes we have actioned, are recorded on our Complaints
Management System.  Details are shared with our Corporate Management Team and Heads of
Service on a quarterly basis and with our Service Committees every six months.  Our Complaints
Officer also holds regular meetings with Complaints Administrators to monitor and address any
concerns. 
Stage 1 - Also known as Frontline Resolution 
These complaints should be straightforward.  A
Stage 1 complaint could mean immediate action to
resolve the matter.  These complaints should be
answered within 5 working days. Most complaints
will should be dealt with at Stage 1. 
Stage 2 – Also known as Investigation Stage 
A Stage 2 complaint may be a concern that has not
been successfully resolved at Stage 1 and is
therefore escalated or refers to a matter that is
more complex and requires a full and detailed
investigation.  These complaints should be
answered within 20 working days. 
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5 
Complaints Performance Indicators
As part of a revised MCHP issued on 1 April 2021, local authorities are expected to record and
publish complaints performance, including trends, outcomes and actions taken, against 4 Key
Performance Indicators (KPIs).   
How we performed against these KPIs in 2022/23 is set out below.  For comparison purposes, we
have also included our performance from the previous two years and the 2022/23 national averages
for Scotland.   
Indicator 1: Total number of complaints received (including complaints per 1,000 population)
This indicator records the total number of complaints received at both Stage 1 and Stage 2.  To allow
for consistent benchmarking across all local authorities in Scotland, the figure per 1,000 population
is included. 
Table 1: Complaints received including per 1,000 population 
(Moray Council population based on NRS Population Mid-Year Estimates 2021, Scotland population based on Mid-Year Estimates 2021 for
those areas where complaints data was returned) 
During 2022/23, we received 593 complaints, 10% more than in 2021/22 and 16% more than
2020/21.  Despite this increase, our complaints remain well below the 738 received prior to the
Covid pandemic in 2019/20 and against the latest national average, our rate of complaints per 1,000
population also continues to be low. 
As in previous years, Environmental and Commercial Services and Housing and Property received the
most complaints, accounting for 32% each.  A notable change this year is the proportion relating to
Financial Services which has increased to 6%.    
Scotland
2020-21 2021-22 2022-23 2022-23
Total Complaints Received (Stage 1 and Stage 2) 513 541 593 58,845
Population 95,710 96,410 96,410 5,047,300
Complaints per 1,000 population 5.36 5.61 6.15 11.66
Moray Council
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6 
Table 2 Number and % of Complaints received by Department   
NB percentages may not total 100% due to rounding 
Looking at complaints made to Financial Services in 2022/23, 32 related to Council Tax and Non
Domestic Rates.  In previous years, complaints of this nature were reported under Legal and
Democratic Services (now Governance, Strategy and Performance).  In April 2022, the Complaints
Management System was updated to reflect our new Department Structure and as a result Taxation
is now reported as part of Financial Services.   
Alongside this change, there has also been a notable increase with Council Tax complaints, up from
11 in 2021/22 to 29 in 2022/23.  There are various reasons why complaints are made to the Council
Tax Service however a common issue is matters around arrears.  Although there have been no
recent changes to policy, good communication is key to helping people understand the procedures
being followed.  Actions have been taken within the Service to reinforce best practice for handling
customer enquiries and complaints will be monitored going forward.   
Table 3: Taxation Related Complaints 
Environmental and Commercial Services 195 38% 168 31% 191 32%
Housing and Property Services 163 32% 157 29% 191 32%
Education 22 4% 66 12% 64 11%
Financial Services 1 0% 7 1% 36 6%
Children and Families and Criminal Justice 31 6% 23 4% 29 5%
Economic Growth and Development 36 7% 37 7% 23 4%
Health and Social Care Moray 29 6% 24 4% 22 4%
Governance, Strategy and Performance 24 5% 35 6% 21 4%
Education Resources and Communities 9 2% 18 3% 14 2%
HR, ICT and Organisational Development 3 1% 6 1% 2 0%
Grand Total 513 541 593
2020-21 2021-22 2022-23
Council Tax Complaints 2018/19 2019/20 2020/21 2021/22 2022/23
Not Upheld 6 4 6 9 19
Partially Upheld 0 0 1 2 2
Upheld 1 2 2 0 8
Total 7 6 9 11 29
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7 
Indicator 2: Number and Percentage of complaints at each stage that were closed in full
within set timescales of 5 and 20 working days 
The MCHP requires complaints be closed within 5 working days at Stage 1 and 20 working days at
Stage 2.  While the aim is to handle complaints as quickly as possible, the main consideration must
always be to deliver a quality decision based on facts and evidence.       
Table 4: Number and Percentage of Complaints at each Stage that were closed in full within set timescales 
In 2022/23, 81% of our Stage 1 complaints were closed within target timescales, up from 77% in
2021/22.  Although the proportion of Stage 2 complaints closing within 20 working days fell, overall,
more of our complaints met MCHP targets and we remain above the national average.   
Due to the complex nature of the issues involved in Stage 2 complaints, they can take longer to
investigate fully.  Our Complaints Officer monitors live complaints and highlights any late cases to
Complaints Administrators and Heads of Service.  One area where an issue has been identified is
Education where complaints can take longer if received immediately prior to a school holiday period. 
Through the Local Authority Complaint Handler Network (LACHN), our Complaints Officer requested
holiday dates be excluded from expected timescales however this was not supported by the SPSO. 
Instead, guidance has been issued for the use of authorised extensions. 
No. within
set timescales
% within set
timescales
No. within
set timescales
% within set
timescales
No. within
set timescales
% within set
timescales
No. within
set timescales
% within set
timescales
Stage 1 296 79% 310 77% 377 81% 37,121 75%
Stage 2 79 65% 89 81% 54 68% 3,268 70%
Escalated Stage 2 8 67% 4 31% 8 31% 1,342 58%
Total 383 75% 403 76% 439 77% 41,731 74%
Moray Council Scotland
2020-21 2021-22 2022-23 2022-23
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8 
Indicator 3: Average time in working days for a full response to complaints at each stage
This indicator details the average time in working days for a full response to be provided to a
complaint at each stage. 
Table 5: Average Response Times (Working Days) 
Our average response times increased in 2022/23 with Stage 2 and Escalated Stage 2 complaints
above national averages.  As highlighted with Indicator 2, less Stage 2 complaints met target
timescales which does impact our average times.   
Following a periodic check of data held on our Complaints Management System we identified an
issue with how some complaints were closed.  As a result, our Complaints Manual has been revised
with clearer guidelines.  A new template for Administrators has also been introduced to ensure
customers are signposted correctly and advised of their right to escalate a complaint if need be. 
Indicator 4: The outcome of complaints at each stage 
Once a complaint has been investigated, we are required to contact the customer to provide an
explanation of the findings and record the outcome.  This could be; 
Upheld – when a complaint is found to be true or is confirmed.
Partially Upheld - where several issues have been raised and some, but not all, are upheld.  
Resolution - where a complaint includes a number of issues but we manage to agree an outcome
without the need to investigate and respond on each separately.  This outcome was introduced in
April 2021.
Not Upheld - when a complaint is found to be untrue or where a reasonable standard of service has
been provided. 
Indicator 4 reports the number and percentage of our complaints closed at each stage against the
outcome decision.   
Scotland
2020/21 2021/22 2022/23 2022/23
Stage 1 5.6 5.1 6.26 7.00
Stage 2 21.9 20.9 27.45 19.40
Escalated Stage 2 20.3 26.2 28.73 23.70
Moray Council
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9 
Table 6: The outcome of complaints at each Stage 
NB percentages may not total 100% due to rounding 
In 2022/23, the proportion of our Stage 1 complaints that were Upheld has increased to 45% against
a national average of 40%.  Overall, 56% of Stage 1 complaints were Upheld in some way (Upheld,
Partially Upheld or closed as Resolution) compared to 72% nationally. 
24% of our Stage 2 complaints were Upheld compared to 30% nationally.  Overall, 52% at this Stage
were either Upheld, Partially Upheld or closed as Resolution compared to the national average of
58%. 
62% of our Escalated Stage 2 complaints were either Upheld, Partially Upheld or closed as Resolution
compared to a national average of 57%.   
We are lower than the national average for complaints closed as Resolution with just 3% recorded
with this outcome in 2022/23 compared to 16% nationally.  When the option for Resolution was
introduced, it was anticipated it would help reduce the number of complex Stage 2 investigations,
however most complainants continue to request a full investigation.   
The Complaints Officer reviews complaints resulted as Resolution on a monthly basis to ensure they
are CHP compliant.  Staff training has also been provided on new aspects of the CHP, including the
correct use of Resolution. Most councils have not carried out these steps and perhaps this accounts
for the national difference.
Stage 1
Not Upheld 170 45% 184 46% 202 43% 13,476 28%
Partially Upheld 40 11% 50 12% 36 8% 8,021 16%
Upheld 167 44% 151 37% 212 45% 19,448 40%
Resolution 0 0% 19 5% 16 3% 7,975 16%
Total Closed at Stage 1 377 404 466 48,920
Stage 2
Not Upheld 62 51% 61 55% 39 49% 1,964 42%
Partially Upheld 50 41% 25 23% 22 28% 932 20%
Upheld 10 8% 21 19% 19 24% 1,417 30%
Resolution 0 0% 3 3% 0 0% 357 8%
Total 122 110 80 4,670
Escalated Stage 2
Not Upheld 4 33% 3 23% 10 38% 990 43%
Partially Upheld 5 42% 5 38% 13 50% 565 24%
Upheld 3 25% 5 38% 3 12% 520 22%
Resolution 0 0% 0 0% 0 0% 249 11%
Total 12 13 26 2,324
Moray Council
2020/21 2021/22 2022/23
Moray Council
2020/21 2021/22 2022/23
Moray Council
2020/21 2021/22 2022/23
2022/23
Scotland
2022/23
Scotland
2022/23
Scotland
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10 
Customer Satisfaction 
In December 2021, as part of our plans for recovery and renewal from the Covid pandemic, we
replaced paper copies of our survey with a link, direct to an online questionnaire, sent to those
supplying an email address.   
In 2022/23, 309 links to our survey were issued resulting in 26 responses.  This gives a return rate of
8% which is the lowest in recent years (with 12% in 2021/22 and 15% in 2020/21) however similar
low response rates are evident nationally.  Alternative methods, within available resources, that
could increase responses are kept under review.   
Our survey requests feedback on the process of dealing with a complaint as opposed to the
complaint outcome.  Improvement areas identified from responses received in 2022/23 are around
communication of timescales and the next stage of a complaint as well as clearer replies.  The new
signposting template, introduced to help Administrators reduce our average response times, should
help address these issues.   
What we do well when dealing with complaints: 
- Our process for making a complaint is easy 
- We give people the opportunity to fully explain
their complaint 
What we can improve when dealing with
complaints: 
- We need to ensure we fully understand the
complaint and address all points raised 
- We need to communicate better on timescales and
the next stage of a complaint and make our
responses easier to understand 
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11 
Learning from Complaints 
Learning from complaints is a continuous process.  We aim to identify trends and emerging issues
and improve the services we provide.  Some examples of changes we have implemented in 2022/23
are provided below.     
Temporary and Supported Accommodation
We identified an issue with the handover condition of
some temporary and supported accommodation.  We
reviewed our cleaning procedures and introduced
regular inspections and a 7 day call back service.  We
also ensured our staff were made aware of required
standards through tool box talks and new check
sheets.
Health & Safety
During a spell of bad weather, concerns were raised
regarding the gritting of school playgrounds.  Our
Health & Safety Advisors worked with Education to
ensure a consistent gritting programme across all
schools in Moray helping to improve safety. 
Roads Maintenance
From complaints received, it was clear we needed to
improve how we dealt with enquiries to our Roads
Maintenance Team.  We reviewed the process and
introduced a new system ensuring all enquiries are
automatically acknowledged and sent for processing.
Recycling Centres
We were made aware that information relating to
our Recycling Centres could be improved.  We
updated signage which included clearer details of
opening hours.
Education 
To ensure the educational needs of pupils absent long term
are met, steps have been introduced by Education to
develop plans and involve other services as required, to
support pupils when returning to a school setting.  Staff
have also received systems training to ensure time spent in
school is recorded accurately.   
Housing Repairs 
To reduce complaints relating to housing
repairs, the Housing Investment Budget was
increased.  The recruitment of additional
staff was approved and a repairs group
established to follow up the scheduling
process.  To help improve communication,
Housing worked closely with the Contact
Centre to ensure initial calls are dealt with
correctly and all work instructions now
include contact details of the customer.   
Household Collections
To minimise reported missed bin collections, the Waste Team
worked with the Contact Centre to improve communication
and promote Service Alerts.  These Alerts now include details
of why collections have been disrupted and when they will
next take place.  Crews also receive more information about
each route including maps identifying new build areas and
rural properties.
Sport and Culture
Following a Transportation difficulty
relating to the Music Service, a
communication protocol was introduced
and emergency contact details are now
provided to all service users. 
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12 
Conclusion 
This Annual Report complies with the SPSO’s requirement to publish complaints information and
highlights our performance against their 4 key performance indicators.  It also shows some of the
recent issues we’ve addressed and where our Complaints Handling Procedure has been improved.   
We are committed to learning from the views and experiences of our customers.  To do this, we aim
to record complaints accurately and adhere to the Complaints Handling Procedure.  We will continue
to welcome customer feedback and work towards providing the best service possible.   
Contact Us
Complaints regarding services provided by Moray Council can be made in person at any one of our
local access points in Elgin, Buckie, Forres or Keith or we can be contacted by telephone on 01343
543451 or email complaints@moray.gov.uk.  More information is also available online at
www.moray.gov.uk/complaints.
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REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: INFORMATION GOVERNANCE ANNUAL REPORT 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISTIONAL DEVELOPMENT 
1. REASON FOR REPORT 
1.1 To provide the Committee with a report on Information Governance activities
within the Council and in particular on improvements made for 2022/2023. 
1.2 This report is submitted to Committee in terms of Section III (B) (40) of the
Council's Scheme of Administration relating to ensuring suitable framework is
in place for performance management across the Council. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee considers and notes the current
Information Governance compliance for 2022/23 as set out in the Annual
Report in APPENDIX 1 and summarised in Section 4 below. 
3. BACKGROUND 
3.1 Information Governance covers a range of procedures, policies, guidance and
tools used to support the Council in maintaining compliance with information
legislation and its promotion of good recordkeeping, ensuring that the
Council’s information assets remain secure, relevant and accessible. This
applies to the management of all information, in all formats, which the Council
may collect, create, handle, store, share, erase, process, archive, and
manage in any way. 
3.2 The Information Governance team are responsible for the development,
implementation and monitoring of corporate information governance and
record management strategies, policies and statutory obligations across the
Council, Licensing Board and MIJB. 
3.3 The Information Governance Team comprises of 2.7 FTE posts: Information
Governance Manager and Data Protection Officer (DPO), Information
Governance Officer and Information Co-ordinator. This staffing complement is
relatively small when benchmarked against other local authorities. 
Item 9.
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3.4 The Information Governance Team play a vital role in managing the
information risk of the Council. Whilst some Information Governance issues
are reported through service performance reports it is considered appropriate,
given the organisational risk, for the Council to receive an annual report on
Information Governance. This report is attached as Appendix 1 with
highlights given in Section 4 below: 
4. HIGHLIGHTS FROM ANNUAL INFORMATION GOVERNANCE REPORT
APRIL 2022- MARCH 2023 
Data Protection
4.1 To ensure the Council complies with Data Protection obligations; policies,
procedures and guidance for the effective management of personal data are
in place at both corporate and service levels, supported by training and
awareness activities. 
4.2 Whilst there are service delivery benefits in partnership working between
Council services and with other agencies this often requires complex data
sharing/processing agreements to be put in place and privacy notices to
inform people how their personal data is being processed. 
4.3 The Council maintains a register of Data Protection Impact Assessments,
which are used to identify the data protection risks of a project or process, as
well as a Record of Processing Activities and Information Asset Register. 
4.4 All staff within the organisation receive training in data protection and in terms
of our policy all data breaches (situations where personal data has been
mishandled) require to be reported to the Information Governance team. 131
data breaches were reported and internally recorded. Lessons are learnt from
all breaches reported, in the anticipation this will avoid more serious breaches.
Due to the severity of 2 breaches they were reported to the regulatory body
for data protection, the Information Commissioner’s Office (ICO). In these two
cases the ICO was pleased to hear that the Council had acted swiftly, limited
the harm caused and mitigated potential risks, they ICO highlighted specific
guidance to the Council in order to prevent further or similar breaches. 
Records Management
4.5 The Public Records (Scotland) Act 2011 requires the Council to have a
Records Management Plan (RMP). RMPs are resubmitted or updated every 5
years. The most recently submitted RMP is currently being reviewed with
National Records of Scotland (NRS). Their primary concerns are: 
• Long term Archival arrangements and resourcing.
• Having an appropriate system for records management across all
council sections. Whilst Microsoft SharePoint fulfils this for a number of
sections, others do not benefit from this automated system. Microsoft
are phasing out SharePoint and replacing it with Microsoft 365. 
4.6 Council closed records are currently split over 3 sites within Moray, the third
site was established in Spring 2023. There are ongoing discussions with
Property Services to find a suitable single site for the Closed Records Store. 
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Access to Information Requests
4.7 1247 Freedom of Information (FOI) and 42 Environmental Information
Requests (EIRs) were received. The majority of these are proactively
published on the Council’s website and statistics are provided to the Scottish
Information Commissioner’s Office. 88% of FOIs, 81% of EIRs and 79% of the
19 FOI reviews were dealt with within statutory time limits. 
Whilst there is room for improvement, these results are slightly better than
figures for other councils/public bodies. FOI responses can be time
consuming and staff capacity is the main factor in response times. 
4.8 91 Subject Access Requests (SARs) were received. These are requests by
individuals for data the council holds about them. Statistics for these are
already presented to Council. The ICO is concerned that the Council is
currently not meeting the statutory timeframes for the completion of SARs and
further work, including tailored training, is planned with services to improve
response times. Again SAR’s can be time consuming and staff capacity is the
main factory in response times. 
5. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
None 
(b) Policy and Legal
None 
(c) Financial implications
There are no financial implications arising from this report, however the
promotion and implementation of effective information governance
impacts positively on the Council’s ability to mitigate its exposure to
financial risk, particularly monetary penalties levied by the ICO for non-
compliance. For serious breaches of Data Protection the ICO have the
power to issue fines of up to £17.5 million. 
(d) Risk Implications
The Council does not currently have an approved RMP, and, is still
working to ensure complete compliance with Data Protection legislation. 
(e) Staffing Implications
Increased workloads are impacting on the ability of the team to respond
to additional requests for support from departments. The team currently
prioritise requests and tasks with statutory obligations taking highest
priority. 
(f) Property
None 
(g) Equalities/Socio Economic Impact
None 
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(h) Climate Change and Biodiversity Impacts
None 
(i) Consultations
The Depute Chief Executive (Education, Communities and
Organisational Development), Head of Governance, Strategy and
Performance, Democratic Services Manager and the Council’s
Information Assurance Group have all been consulted and their
comments have been incorporated in the report. 
5. CONCLUSION 
5.1 The Information Governance Report summarises progress made during
2022/2023. It shows areas of progress and good performance whilst also
identifying areas for further improvement. 
5.2 This report will become an annual report. 
Author of Report: Alison Morris, Information Governance Manager & DPO
Background Papers: Appendix 1: Annual Information Governance Report 2022-
23
Ref: SPMAN-2045703626-318 
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Information Governance
Annual Report 
2022 – 2023 
Version 1.0 
October 2023 
Item 9.
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Document Control Sheet
Title Information Governance Annual Report 2022 - 2023
Author(s) Information Governance Manager & Data Protection Officer,
and,  Information Governance Officer
Consultees Information Assurance Group, including:
Head of Governance, Strategy and Performance
Senior Solicitor
Solicitor
ICT Team Leader and Information Security Officer
Audit and Risk Manager 
Version 1.0      
Date Oct ‘23      
Contents 
1 Purpose ............................................................................................................... 3
2 Background ......................................................................................................... 3
2.1 The Information Governance Team .................................................................. 3
3 Data Protection .................................................................................................... 3
3.1 Data Breaches .............................................................................................. 4
3.2 Data Breach Register .................................................................................... 4
3.3 The Information Commissioner’s Office (ICO)............................................... 5
3.4 Near Miss Data Breaches ............................................................................. 5
4 Access to Information – Requests under FOISA and EIRs .................................. 8
5 Access to Information - Subject Access Requests ............................................. 10
Access to Information Requests 2016 – 2023 ....................................................... 10
6 Records Management ....................................................................................... 11
7 Closed Records Store ........................................................................................ 12
Appendix 1 – Information Governance Legislation ................................................... 13
Appendix 2 – Access to Information Key Performance Indicators ............................ 16
Appendix 3 – Links ................................................................................................... 19
Legislation ............................................................................................................. 19
Interchange and Relevant Websites ..................................................................... 19 
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1 Purpose
To report on the delivery and continuous improvement of Moray Council’s
compliance with regulatory regimes relating to Information Governance, with
particular focus on Data Protection, Access to Information and Records
Management.
This is the first Information Governance report, it is anticipated that hereafter, an
Information Governance report will be produced annually.
2 Background
Information Governance covers a range of procedures, policies, and guidance used
to support the Council in maintaining compliance with information legislation and its
promotion of good recordkeeping; ensuring that the Council’s information assets
remain secure, relevant and accessible. This applies to the management of all
information, in all formats, which the Council may collect, create, handle, store,
share, erase, process, archive, and manage in any way. A summary of the relevant
legislative regimes and key features is provided in Appendix 1.
2.1 The Information Governance Team
The Information Governance team are responsible for the development,
implementation and monitoring of corporate information governance and record
management strategies, policies and statutory obligations across the Council,
Licensing Board and Moray Integration Joint Board (MIJB). 
The Information Governance Team sit within Governance, Strategy and
Performance and comprise:
• Information Governance Manager and Data Protection Officer (IGM & DPO
for both the Council, and, MIJB)
• Information Governance Officer (IGO) 
• Information Co-ordinator (0.7 FTE)
Although Local Heritage and Archives remain under Education Resources and
Communities, the IGM, as a qualified Archivist, endeavours to support the
development, maintenance and management of Heritage and Archives.
The IGM and IGO are members of:
• the Council’s Information Assurance Group (IAG), which has strategic
oversight of Data Protection and Information Security issues across the
Council.
• SOLAR – DP/FOI/HRA Group.
• ASLAWG (IGM only).
3 Data Protection
In the UK, the protection of personal data is governed by the Data Protection Act
2018 (DPA) and the United Kingdom General Data Protection Regulation (UK
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GDPR).1 UK GDPR is the retained version of the European Union General Data
Protection Regulation (GDPR), which came into force 25th May 2018.
In 2018, a range of new measures were implemented by the Council to support
compliance with the legislative regime set out under the DPA 2018 and GDPR. The
first assessment of these measures by the Council’s Internal Audit Service took
place in September 2022. The audit sought to provide assurance that the Council
had systems and controls in place as required under Data Protection legislation (UK
GDPR and the DPA), and that the Council has the appropriate governance
arrangements, policies, procedures and training programmes in place, to monitor
ongoing compliance. The audit found both the system assessment and testing
assessment to be limited.
3.1 Data Breaches
A personal data breach, is defined as “a breach of security leading to the accidental
or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to,
personal data transmitted, stored or otherwise processed”.2
The Council’s current data breach procedure requires all staff to report data
breaches to the Council’s data breach team as soon as a breach is identified or
reasonably suspected. The data breach team will investigate the breach, assist with
containment of the breach and undertake a risk assessment to establish whether the
breach meets the threshold for reporting to the Information Commissioner’s Office
(ICO). 
A breach likely to result in a risk to the rights and freedoms of data subject must be
reported to the ICO within 72 hours of the Council becoming aware of the breach.3
The Council ‘becomes aware’ of a breach the moment any member of staff becomes
aware of the breach. Where a breach is likely to result in “a high risk to the rights and
freedoms” of the data subject(s), the Council must also report the incident to the data
subject(s) concerned.4
The Council’s Data Breach Reporting Form and Guidance on Data Security Breach
Management are available on the Data Protection interchange page: 
http://interchange.moray.gov.uk/int_standard/Page_132347.html 
3.1.1 Data Breach Register
In compliance with UK GDPR Article 33(5), all data breaches are recorded on the
Council’s Data Breach Register. A record must be maintained of the facts regarding
each breach, its effects and remedial action taken. 
1 Further reform of the UK Data Protection legislative regime is expected via the Data Protection and
Digital Information Bill (No.2), introduced to Parliament on 8 March 2023. The full text of the draft Bill
and Explanatory Notes is available here: https://bills.parliament.uk/bills/3430 
2 UK GDPR Article 4(12).
3 UK GDPR Article 33.
4 UK GDPR Article 34.
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All confirmed and suspected data breaches are recorded, investigated and
mitigations put in place to reduce the risk of a similar or more significant incident
occurring in future. 
From Autumn 2021 the Information Governance team started alerting Heads of
Services to data breaches that take place within their Services. 
131 data breaches were reported and recorded within the Council between April
2022 and March 2023: 
3.1.2 The Information Commissioner’s Office (ICO)
The ICO is the independent supervisory authority for data protection in the UK. They
oversee and enforce UK Data Protection legislation. The ICO have significant tools
at their disposal to take action for a breach of UK GDPR or the DPA 2018. These
include warnings, reprimands, enforcement notices and penalty notices. They have
the power to issue fines of up to £17.5 million, or 4% of an organisation’s annual
worldwide turnover, whichever is greater.
Two data breaches were considered to meet the threshold for reporting to the ICO
due to the likelihood of risk to the rights and freedoms of the data subjects. Both
breaches were also assessed as meeting the statutory threshold for reporting to the
affected data subjects. In both cases, following a review of the information provided
about each data breach, the ICO decided that no further action by the ICO was
necessary.
3.1.3 Near Miss Data Breaches
Although not a requirement under Data Protection legislation, the data breach team
also record ‘near-miss’ data breaches, so that preventative measures can be put in
place to ensure that similar more serious situations do not arise in future. 
0 5 10 15 20 25 30 35 40 45 50
HSCM/Social Work
HR, ICT and Organisational Development
Housing and Property
Governance Strategy and Performance
Financial Services/Governance Strategy and Performance
Financial Services
Environmental and Commercial Services
Education/Social Work
Education Resources and Communities/Education
Education Resources and Communities
Education
Economic Growth and Development
All Services
Data Breaches by Service 2022 - 2023
Total Data Breaches
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14 near misses were reported and recorded for 2022/23: 
3.1.4 Lessons Learned
Each data security incident is assessed on a case by case basis and suitable,
relevant mitigations are discussed with Services to improve information management
practices. This should reduce the likelihood of a similar, or more significant, incident
occurring in future. 
In all instances reported 2022/23, manual, rather than technical measures were put
in place. For example, requiring employees to manually check email addresses,
attachments, process documents, addresses etc. Such follow up measures place a
reliance on the training and knowledge of employees.  
Feedback and recommended actions from the ICO in relation to the two reported
incidents, combined with findings from the Council’s Internal Audit of ‘GDPR’, are
recorded below, in addition to actions taken and planned actions for 2023/24:
The ICO
• Preventative measures in place that should help to reduce the risk of
breaches of the nature reported in that instance occurring; including
mandatory data protection training, refresher data protection training and
targeted training following any ‘near-miss’ breaches. 
• Recommended regularly reminding staff about their data protection
obligations.
• Recommended having clear written guidance in place for all staff,
highlighting the confidentiality and data security responsibilities within the
organisation. 
0 1 2 3 4 5
Multiple
HSCM/Social Work
Governance Strategy and Performance
Education Resources and Communities/Education
Education Resources and Communities
Economic Growth and Development
Near Misses by Service 2022 - 2023
Number of Near Misses
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• Recommend reviewing staff contracts to ensure they clearly outline what
staff can and cannot do with the personal data they handle, particularly in
relation to handling service user details. 
• Recommended reviewing the Council’s ‘bring your own device’ (BYOD)
policy, or consider implementing one as soon as feasibly possible to ensure
staff who use personal devices have clear guidelines to follow on their use.
• Recommended impact of data breach on data subject is monitored and
support offered to mitigate any risk of further detriment, and, that any
identified outstanding remedial measures as part of the  breach
investigation are implemented.
Internal Audit
• Data Protection Policy and guidance should be reviewed and thereafter a
timetable for continued review set.
• A Record of Processing Activities (ROPA) should be compiled by the
Council based on a data mapping exercise.
• An Information Asset Register (IAR) should be compiled and maintained on
an ongoing basis. 
• A review of Privacy Notices held within Council services should be
progressed and the documents made available on the Council website for
public inspection.  
• Consideration should be given to undertaking reviews within Services to
audit compliance with the Data Protection Policy and Guidance. 
• A review of the guidance documents and forms held within the Information
Management section of the Interchange should be undertaken and updated
accordingly.
• A review should be undertaken of the officers that have not undertaken the
data protection training on the LearnPro training system. Those identified
should be reminded to undertake their data protection training requirement.  
• Consideration should be given to providing elected members with an
update of actions undertaken to ensure the Council's compliance with data
protection requirements.  
Actions being taken:
• Staff are regularly reminded about their data protection obligations via
internal reminders on interchange news. Reminders were issued about
DPIAs, GDPR and the Data Protection Act 2018, clearing email caches (to
mitigate against data breaches involving autofill), data breach reporting,
DPIAs, Data Sharing/Processing Agreements.
• A suite of data protection guidance is also available on the interchange
Information Governance pages.
• Work is ongoing with Services to compile and complete a thorough ROPA
and IAR.
• Work is ongoing with Services to review and update current Privacy
Notices. As Privacy Notices are updated or created they are added to a
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designated Privacy Notices webpage on the Council website:
http://www.moray.gov.uk/moray_standard/page_142831.html 
• Information Governance report produced to provide elected members with
updates on the delivery and continuous improvement of the Council’s
compliance with data protection legislation 2022/23. 
• The interchange now has an internally published register of DPIAs,
highlighting processes and applications approved (or not) for use. The
register is updated monthly and available here:
http://interchange.moray.gov.uk/int_standard/Page_132347.html 
Planned Actions:
• Schedule of work to be drawn up to prioritise the ongoing reviewing and
updating of Information Governance guidance and polices. 
• Upon completion, both the ROPA and IAR are to be reviewed biennially.  
• Continue ongoing work with Services to review and update current Privacy
Notices, with all updated and new Privacy Notices to be added to the
Council’s designated Privacy Notice webpage.
• An Information Governance report is to be produced annually.
• A register of Data Sharing Agreements (DSAs), Data Processing
Agreements (DPAs), Information Sharing Protocols (ISPs), Memorandums
of Understanding (MoUs) and similar agreements reviewed by the Council's
Information Governance Team is to be made available on the interchange.
The register will be updated monthly.
3.2 Data Sharing/Processing Agreements
It is good practice for Data Controllers to have written Data Sharing Agreements
(DSAs) when controllers share personal data. This helps all parties to understand
the purpose for the sharing, what will happen at each stage of the process and what
responsibilities they have. Similarly, Data Processing Agreements (DPAs) with any
third-party processors can help all parties understand their data protection
obligations and provide some legal certainty in areas with significant potential
liability. These Agreements also helps the Council to demonstrate compliance in a
clear and formal way.
During 2022/23 the IG Team have advised on over 20 DSAs, DPAs, Letters of
Variation, Service Level Agreements and Memorandum of Understanding. These are
recorded on a central register and copies of all agreements are held in a central
repository. 
3.3 Data Protection Impact Assessments (DPIAs)
DPIAs are an important tool to help identify and minimise the data protection risks of
a project or process. They are required for any processing that is likely to result in a
high risk to individuals, as such a screening section at the start of the DPIA form
should highlight any such potential high risks. DPIAs also highlight if a new Privacy
Notice or DSA/DPA may be required, as such DPIAs must be kept up to date with
any significant changes.
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65 DPIAs were reviewed in 2022/23, with all but 1 approved. An internally published
register summarises any caveats required prior to use and notes why a DPIA may
not be approved; it is available on the interchange here: Home > Policies,
Procedures & Guidance > Information Governance > Data Protection
3.4 Privacy Notices
Privacy Notices (PNs) are required to inform data subjects how their personal data
would be managed should they provide it for a certain process. PNs must clearly
cover what personal data is collected, by whom and under which legal basis (bases),
how it is handled, stored and shared, when it will be destroyed, and, what data rights
may be applied. The IG Team are gradually reviewing and updating all PNs, these
are being added to a single, publically accessible webpage:
www.moray.gov.uk/privacynotices 
3.5  Advice, Guidance and Training
The IG Team provide advice, produce Guidance documents and Training as and
when required. 2022/23 has seen a focus on supporting services with handling Data
Protection Information Release requests, specifically those from the Police. Targeted
training was also delivered, including to Councillors (Summer 2022) and Moray
Integration Joint Board (Summer 2022).
4 Access to Information – Requests under FOISA and EIRs
The Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental
Information (Scotland) Regulations 2004 (EIRs) came into force in 2005. Under
FOISA, anyone who requests information from a Scottish public authority, which
holds it is entitled to be given it by the authority (subject to a limited number of
exemptions). FOISA applies to all information held by the Council, regardless of
whether the Council created it or received the information from a third party. It covers
information regardless of how it is recorded, or its format, for example emails,
handwritten notes, photos, CCTV tapes, recorded messages etc. are all covered.
Whilst the EIRs, give the public the right to ask for environmental information held by
a Scottish public authority (subject to a limited number of exceptions). Environmental
Information covers a broad range of topics, such as the environment itself, and,
matters that affect the environment such as emissions, radiation, noise and other
forms of pollution and policies.
FOI and EIRs requests for information held by the Council or MIJB are logged, co-
ordinated and responded to by the FOI Team (Information Co-ordinator).
FOISA and EIRs are enforced and promoted by the Scottish Information
Commissioner (SIC), an independent public official. The SIC is responsible for
dealing with complaints, promoting good practice to authorities, informing the public
about information legislation and enforcing the relevant legislation. Requestors have
the right to appeal to the SIC to make a decision on the response issued by an
authority, following the authority’s review. The SIC can order an authority to disclose
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information, should it find that information has been wrongly withheld. SIC’s Decision
Notices are legally binding, although an appeal on a point of law may be made to the
Court of Session. Appeals are dealt with on a case by case basis; completed cases
are reported on the decisions section of the SIC's website. 
Should the SIC become aware that an authority is not complying with its duties under
freedom of information legislation, the SIC may issue an enforcement notice, to
compel compliance within a specific timescale. Failure to do so may result in a
referral of the matter to the Court of Session.  
5 Access to Information - Subject Access Requests
Under Data Protection legislation, data subjects have a right of access to the
personal data about themselves held by an organisation. This is referred to as a
subject access request (SAR). A SAR gives data subjects the right to obtain a copy
of their personal data, as well as other supplementary information. 
The ICO oversees and enforces the right of access. Data subjects have the right to
lodge a complaint with the ICO about an infringement of Data Protection legislation
in relation to their personal data, such as an organisation’s failure to comply with a
SAR. If the ICO establishes that an organisation has failed to comply with Data
Protection legislation, the ICO may exercise their enforcement powers and issue the
relevant organisation with a warning, reprimand, enforcement notice or penalty
notice.
Should an organisation fail to comply with a SAR, the requestor may also apply for a
court order requiring the organisation to comply, or to seek compensation. It is a
matter for the court to decide, on a case by case basis, what action to take.
The co-ordination of this statutory duty is managed by the Information Co-ordinator,
who collates the relevant information, organises redaction meetings and arranges of
the released information to be collected.
The number of requests received under FOISA, the EIRs and Data Protection
legislation have been gradually increasing in number, as illustrated in the table
below:
Access to Information Requests 2016 – 2023
Year FOI
requests
received
EIR
requests
received
SAR
requests
received
Reviews  Notes
2016 – 17 1144 19 31 13 
2017 – 18 1231 28 36 22 
2018 – 19 1321 104 59 21 
2019 – 20 1091 161 52 10 
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2020 – 21 880 66 63 12 *Covid legislation extended
timescales for release of
information.
2021 – 22 1006 59 53 14 *Covid legislation extended
timescales for release of
information.
2022 – 23 1322 42 91 20 
Since January 2023, access to information statistics are collected in a more rigorous
way to better reflect the burden of complying with such requests, see Appendix 2. 
6 Records Management 
The Public Records (Scotland) Act 2011 (PRSA) requires public authorities to
develop and maintain a Records Management Plan (RMP) subject to approval by the
Keeper of the Records of Scotland (the Keeper). Section 5(1) of PRSA requires
RMPs to be kept under review; with voluntary progress update reviews (PURs), and
RMPs to be fully re-submitted every 5 years.
Moray Council’s first RMP, which covers the Council and Moray Licensing Board,
was accepted by the Keeper on 6 March 2014 on an improvement model basis, with
a number of areas highlighted by the Keeper as requiring ongoing improvement and
development to close a gap in provision.
The Council’s second RMP was submitted December 2020. On 15th July 2022, the
Council received the National Records of Scotland’s (NRS) PRSA Assessment
Team’s Interim Report on the Council’s 2020 RMP submission. The purpose of the
Interim Report is to highlight areas of required improvement before the Keeper
agrees to a final plan; it facilitates a discussion with the PRSA Team about the
issues highlighted by the assessment. 
There are 15 elements to a RMP, with a Red Amber Green acceptance scale. In the
Interim Report, the Assessment Team highlighted 3 elements as Green (accepted by
the Keeper), 7 elements as Amber (accepted on an ‘improvement model’ basis) and
5 elements as Red (unacceptable). As such, their recommendation would be that the
Keeper formally returns the RMP to the Council as failing to meet the requirements
under the PRSA. A response to the Interim Report was submitted September 2023. 
Should the Keeper return the RMP to the Council, as failing to meet the
requirements under the PRSA, the Keeper may consider invoking their powers under
section 7 of the PRSA. Including taking such steps as the Keeper considers
appropriate to publicise the failure. This would include alerting Scottish Ministers and
inviting the Cabinet Secretary and Minister with responsibility for local authority
business to respond and could include publication to appropriate professional
publications.
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The RMP for MIJB is aligned with the Council’s RMP. Ten elements (excluding 1, 9,
13, 14 & 15) on MIJB’s RMP are directly covered by the Council’s RMP. As such the
above noted issues will also affect the IJB’s RMP
7 Closed Records Store
The Council’s Closed Records Store (CRS) is designed for the secure storage of
physical information that is semi-current and requiring retaining. Paperwork, files,
photographs, microfilms and other hardcopy information that is no longer in current
use, may still be required either for an ongoing business use or to be kept under the
Council’s Retention Schedules, these are considered a Record and transferred to
the CRS. 
The CRS was relocated in 2019, then partially relocated in July 2022 and March
2023. There are now three CRS stores in 3 different locations within Moray. These
stores and records are managed by the IGM. There is no open access; requested
records are retrieved and returned by Mailroom staff. 
Since March 2023, nearly half of the CRS’s collections are now housed within one
location, in a more suitable and accessible building. New mobile racking has been
purchased, ensuring that the most recent CRS store is fully utilised. In spite of these
improvements, it should be noted that the CRS does not conform to the relevant
standards required.
During 2022/23: 684 boxes were accessioned to the CRS. 
Space for new accessions remains limited. When records are highlighted by the IGM
as due for destruction, relevant Services are contacted to arrange for review of the
records, however, due to the IGM’s capacity there is currently a backlog of records
awaiting review by Services. 
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Appendix 1 – Information Governance Legislation
Legislation Key Features
United Kingdom
General Data
Protection
Regulation
(UK GDPR)/
Data Protection
Act (DPA) 2018
• Governs the protection of personal data in the UK;
• Mandatory recording and reporting of personal data
breaches. Any breach likely to “result in a risk to the rights
and freedoms” of the data subject(s) must be reported to the
ICO within 72 hours of the Council becoming aware of the
breach (UK GDPR Article 33);
• Any breach likely to result in “a high risk to the rights and
freedoms” of the data subject(s) must be reported to the data
subject(s) (UK GDPR Article 34);
• A ‘personal data breach’ is defined as “a breach of security
leading to the accidental or unlawful destruction, loss,
alteration, unauthorised disclosure of, or access to, personal
data transmitted, stored or otherwise processed.” (UK GDPR
Article 4).
• Gives data subjects specific rights over the processing of
their personal data, including: the right to be informed about
the collection and use of their personal data; the right to
access personal data held about them; rights to have their
data rectified, erased or restricted; the right to object; the
right to portability of their data and the right not to be subject
to a decision based solely on automated processing. Where
the legal basis for processing is consent, data subjects also
have the right at any time to withdraw their consent to that
processing.
• Introduced a duty on public authorities to appoint a Data
Protection Officer (DPO). DPOs assist with monitoring
internal compliance with Data Protection legislation,
informing and advising on Data Protection obligations,
approving Data Protection Impact Assessments (DPIAs) and
to act as the contact point for the ICO. DPOs must be
independent, experts in Data Protection, adequately
resourced, and, report to the highest management level.    
• Sets out seven key principles for processing personal data:
lawfulness, fairness and transparency; purpose limitation;
data minimisation; accuracy; storage limitation; integrity and
confidentiality and accountability. 
• Under the accountability principle, the Council must have
appropriate measures and records in place to demonstrate
its compliance with the UK GDPR. This includes: taking a
data protection by design approach; maintaining
documentation of our processing activities; adopting and
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Oct 2023 v1.0  Page 14 of 19
implementing Data Protection policies and guides; having
written contracts in place with organisations who process
personal data on the Councils behalf; implementing
appropriate security measures; recording and reporting
personal data breaches and carrying out DPIAs. These
measures and records should be kept under regular review
and updated when necessary.
• Failure to comply with the principles can result in substantial
fines – up to £17.5 million, or 4% of an organisation’s total
worldwide annual turnover, whichever is higher.
Privacy and
Electronic
Communications
(EC Directive)
Regulations
2003 (PECR)
• Sits alongside DPA 2018 and UK GDPR;
• Sets out specific privacy rights on electronic
communications, including: marketing calls, emails, texts
and faxes; cookies (and similar technologies); keeping
communications services secure; and customer privacy
regarding traffic and location data, itemised billing, line
identification, and directory listings;
• Aim to provide individuals with privacy when using electronic
devices and keep communications secure.
Freedom of
Information
(Scotland) Act
2002
(FOISA)
• Supports and encourages the disclosure of information.
• Under FOISA, anyone who requests information from a
Scottish public authority that holds it, is entitled to be given
it by the authority (subject to a limited number of
exemptions) within a set timescale.
• Enforced and promoted by the Scottish Information
Commissioner (SIC).
Environmental
Information
(Scotland)
Regulations
2004 (EIRs)
• Originate from a European Directive on access to
environmental regulation. 
• They give everyone the right to ask for environmental
information held by a Scottish public authority (subject to a
limited number of exceptions) within a set timescale.
• Enforced and promoted by the SIC.
The Pupils’
Educational
Records
(Scotland)
Regulations
2003
• Under these regulations, parents and guardians can request
copies of their child’s educational records (these requests
are fulfilled by the school that holds the information);
• These regulations apply to records relating to school pupils,
past and present. The regulations stipulate that educational
records must be retained for a period of five years following
the child having ceased receiving school education.
The INSPIRE
(Scotland)
Regulations
2009
• Originate from a European Directive.
• These regulations require Scottish public authorities to make
spatial datasets available.
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APPENDIX 1 
Oct 2023 v1.0  Page 15 of 19
• The regulations are enforced and promoted in Scotland by
the SIC.
Public Records
(Scotland) Act
2011
(PRSA) 
• Governs the management of public records;
• Named authorities must create a 15 point Records
Management Plan (RMP) in line with the Model Plan created
by the Keeper of the Records of Scotland (‘the Keeper’);
• Authorities can undergo optional review of their RMPs on an
annual basis, by utilising the ‘Progress Update Review
Mechanism’. Active engagement provides National Records
Scotland (NRS) greater assurances regarding the authority’s
compliance.
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APPENDIX 1 
Oct 2023 v1.0  Page 16 of 19
Appendix 2 – Access to Information Key Performance Indicators
EDUCATION RESOURCES & COMMUNITIES (Alison
Morris) 2022/25 
Generated on: 29 March 2023 
PI Status 
Alert 
Warning 
OK 
Unknown 
Data Only 
Long Term Trends 
Improving 
No Change 
Getting Worse 
Short Term Trends 
Improving 
No Change 
Getting Worse 
Cannot group these rows by Theme
All Indicators 
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APPENDIX 1 
Oct 2023 v1.0  Page 17 of 19
Code Code Short Name Current
Target
2020/
21
2021/
22
2022/
23
Q4
2021/22
Q1
2022/23
Q2
2022/23
Q3
2022/23
Q4
2022/23
Latest Note
Short
Term
Trend
Arrow
Status
Value Value Value Value Value Value Value Value
CE015 Local(b)
Freedom of Information -
Percentage of requests replied to
within twenty working days
95% 89.8% 92%  85.2% 85.8% 85.5% 84.6% 90.5%
Please note that this figure does
not include all requests received
in this Quarter as those received
after 27/03/2023 are not due
until after the date this data is
requested (20 requests)  
CE015a MI Freedom of Information Requests -
Number received Data Only N/A 1,006 575 273 264  311 346 8 requests are still outstanding  
CE015b
MI Freedom of Information Requests -
Number responded to within 20
working days
Data Only N/A
874 491 209 228 326 263 313   
CE015c MI Freedom of Information Requests -
Number of exemptions
Data Only N/A N/A N/A        
CE015d MI Freedom of Information Requests -
Hours taken to answer
Data Only N/A N/A N/A        
CE015e MI Freedom of Information requests -
Average time taken to answer
Data Only N/A N/A N/A        
CE016a MI Environmental Information Requests
(EIR) - Number received
Data Only N/A 59 11 5 4  7 17   
CE016b
MI Environmental Information Requests
(EIR) - Number responded to within
timescale
Data Only N/A
48 10 0 4  6 15   
CE016c MI Environmental Information Requests
(EIR) - Number of exemptions
Data Only N/A N/A 0 N/A   0    
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APPENDIX 1 
Oct 2023 v1.0  Page 18 of 19
Code Code Short Name Current
Target
2020/
21
2021/
22
2022/
23
Q4
2021/22
Q1
2022/23
Q2
2022/23
Q3
2022/23
Q4
2022/23
Latest Note
Short
Term
Trend
Arrow
Status
Value Value Value Value Value Value Value Value
CE016d MI Environmental Information Requests
(EIR) - Hours taken to answer
Data Only N/A   N/A       
CE016e
MI Environmental Information Requests
(EIR) - Average time taken to
answer
Data Only N/A  
N/A       
CE017a MI Subject Access Requests (SAR) -
Number received
Data Only N/A 53 23 17 9  14 25 + 4 suspended    
CE017b
MI Subject Access Requests (SAR) -
Number responded to within
timescale
Data Only N/A
N/A 12
N/A  
12 20   
CE017c MI Subject Access Requests (SAR) -
Number of exemptions
Data Only N/A N/A 0 N/A   0    
CE017d MI Subject Access Requests (SAR) -
Hours taken to answer
Data Only N/A N/A  N/A    85.7hrs   
CE017e MI Subject Access Requests (SAR) -
Average time taken to answer
Data Only N/A N/A  N/A    3.1hrs   
CE037 Local(b)
Data Protection - Percentage of
requests responded to within 30
calendar days
95% 89.5% 86.5%  75% 77.8% 81.8% 85.7% 80%   
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APPENDIX 1 
Oct 2023 v1.0  Page 19 of 19
Appendix 3 – Links 
Legislation
o Data Protection Act (DPA) 2018
https://www.legislation.gov.uk/ukpga/2018/12/contents 
o Data Protection and Digital Information (No.2) Bill 
https://bills.parliament.uk/bills/3430 
o The Government has published Keeling Schedules to show the changes that will
be made to UK GDPR, the Data Protection Act 2018 and the Privacy and
Electronic Communications Regulations 2003 by the Data Protection and Digital
Information (No. 2) Bill
https://www.gov.uk/government/publications/data-protection-and-digital-
information-bill-impact-assessments 
o Freedom of Information (Scotland) Act 2002
https://www.legislation.gov.uk/asp/2002/13/contents 
o INSPIRE (Scotland) Regulations 2009
https://www.legislation.gov.uk/ssi/2009/440/contents/made 
o Public Records (Scotland) Act 2011
https://www.legislation.gov.uk/asp/2011/12/contents 
o The Environmental Information (Scotland) Regulations 2004
https://www.legislation.gov.uk/ssi/2004/520/contents 
o The Privacy and Electronic Communications (EC Directive) Regulations 2003
https://www.legislation.gov.uk/uksi/2003/2426 
o The Pupils' Educational Records (Scotland) Regulations 2003
http://www.legislation.gov.uk/ssi/2003/581/contents/made 
o UK GDPR (the General Data Protection Regulation (as defined in the DPA 2018)
as it forms part of the law of England and Wales, Scotland and Northern Ireland
by virtue of section 3 of the European Union (Withdrawal) Act 2018, and as
amended by the Data Protection, Privacy and Electronic Communications
(Amendments etc) (EU Exit) Regulations 2019
https://www.legislation.gov.uk/eur/2016/679/contents#top 
Interchange and Relevant Websites
o Information Governance Interchange Page (incl. RM, DP and Access to
Information)
http://interchange.moray.gov.uk/int_standard/Page_132356.html
o Moray Council Information Management webpages (incl. DP, FOIs and RM) 
http://www.moray.gov.uk/moray_standard/page_41220.html 
o National Records of Scotland
https://www.nrscotland.gov.uk/ 
o Scottish Information Commissioner
https://www.itspublicknowledge.info/ 
o The Information Commissioner’s Office
https://ico.org.uk/ 
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Page 119

- 
REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: PERFORMANCE REPORT (FINANCIAL SERVICES) – PERIOD
TO SEPTEMBER 2023 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform Committee of the performance of the service for the period to 30
September 2023. 
1.2 This report is submitted to Committee in terms of Section III (A) (4) of the
Council's Scheme of Administration to monitor performance in accordance
with the Council’s Performance Management Framework. 
2. RECOMMENDATION 
2.1  It is recommended that Committee: 
(i) scrutinises and notes performance in the areas of Service
Planning, Service Performance and other related data to the end
of September 2023; and  
(ii) notes the actions being taken to improve performance where
required. 
3. BACKGROUND 
3.1 On 7 August 2019, the Moray Council approved a revised Performance
Management Framework for services (para 5 of the minute refers). 
4. SERVICE PLANNING 
4.1 Each service plan sets out the strategic and service level priorities and
outcomes it intends to deliver in the coming year aligning closely with financial
planning, corporate and community planning partnership strategic priorities. 
This report provides an interim update on progress on the service plan, key
outcomes and performance indicators.  Committee is invited to review
progress to secure assurance that is satisfactory and to provide scrutiny and
further direction where performance requires attention.  
Item 10.
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4.2 The narrative included is by exception, links to Service Plan Actions and
Performance Indicators can be accessed within the Background Papers
section of this report.   
Strategic Outcomes – successes 
4.3 Nothing to report. 
Strategic Outcomes – challenges and actions to support 
4.4 A report on the medium to long term financial strategy was submitted to the
Special meeting of Moray Council on 25 October, amendments will be made
to reflect the  Corporate Plan when finalised and the next stage of the
Improvement and Modernisation Programme. (Action FIN23-24.Strat-4.1) 
Service Level Outcomes – successes 
4.5 Actions contributing to sound financial governance have progressed well in
the first half of the year with the Financial Reporting Template implemented
for use in reporting to the Moray Growth Deal Board.  Budget Manager
training in Social Work took place with further sessions planned. (Actions
FIM23-24.Serv-5.6a, 5.6b) 
Service Level Outcomes – challenges and actions to support 
4.6 Due to other workload priorities, advance work relating to IFRS 16 is yet to
commence however timelines with services and the auditor will be agreed
prior to implementation on 01 April 2024. 
4.7 Due to competing demands, limited progress has been made on actions
relating to increasing service efficiency through automation and e-billing within
Council Tax and Non-Domestic Rates.  With longer term due dates, it is
anticipated that actions will be completed as scheduled.  (Actions FIN23-24
Serv-5.5a, 5.5b, 5.5c, 5.5d)   
4.8 Investigating workflow for accountancy processes has commenced following
an initial meeting with ICT colleagues, however further progress is dependent
on ICT resources, therefore it appears likely that work will continue out with
original due dates in December.  (Actions FIN23-24.Serv-5.5e, 5.5f) 
4.9 The creation of a training post within Accountancy will complete out with the
original due date of September.  The required forms are in place and have
been submitted to Human Resources. 
RAG
STRATEGIC
LEVEL
A sustainable council that provides
valued services to our communities 75%
Implement legislative/regulatory change 0%
Participatory Budgeting 13%
Implement the Procurement Strategic
Action Plan (PSAP) 20%
Support for MIJB 30%
Increase Service Efficiency 23%
Sound Financial Governance 65%
Workforce Development 53%
52%
SERVICE PLAN OUTCOMES
At the end of quarter 2, there has been slippage in some areas due
to competing priorities that may result in original due dates not
being met.
OVERALL PLAN PROGRESS
SERVICE
LEVEL
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5 SERVICE PERFORMANCE 
5.1 In line with Performance Management Framework, operational performance is
monitored quarterly by departmental management.  Areas performing well
and/or areas subject to a decreasing trend or where benchmarking results
show performance below comparators will be reported to this Committee for
member scrutiny. 
5.2 Following approval of the Service Plan by Committee, a review of
performance indicators has been undertaken and amendments made to align
indicators with service outcomes. 
5.3 The narrative included is by exception, links to Service Performance
Indicators can be accessed within the Background Papers section of this
report.   
Operational Indicators – successes
5.4 Nothing to report.  Results relate to previous reporting periods for benchmark
indicators, latest results are due to be published nationally later this year. 
Operational Indicators – challenges and actions to support 
5.5 Nothing to report.  Results relate to previous reporting periods for benchmark
indicators, latest results are due to be published nationally later this year. 
6. OTHER PERFORMANCE RELATED DATA 
Complaints and MP/MSP Enquiries
6.1 In line with the Performance Management Framework, complaints are
reviewed quarterly by departmental management in terms of time taken to
respond, outcome and learning points.  Detailed tables can be accessed
within the Background Papers section of this report.   
6.2 During the reporting period, Financial Services received 22 complaints. 
Nineteen were closed with 17 (89%) as Frontline and 2 (11%) as
Investigative.  Thirteen Frontline complaints (68%) and 1 Investigative
complaint (50%) met target timescales of 5 and 20 working days respectively.   
6.3 Overall, 5 complaints were upheld and 5 partially upheld.  Nine related to
Council Tax with one for Payments.  To address the issues raised, working
practices and procedures have been revised and staff reminded to deal with
enquiries with due care and attention and within a reasonable timeframe. 
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6.4 In addition to complaints, 17 MP/MSP enquiries were received during the first
half of 2023/24.  The most common topics were Council Tax (9 enquiries) and
Non-Domestic Rates (6 enquiries). 
Other Performance (not included in the Service Plan)
6.5 Nothing to report. 
Case Studies
6.6 Nothing to report. 
Consultation and Engagement
6.7  Initial public engagement for the 2024/25 budget commenced on 14
September.  Responses have now been analysed with the next phase due to
begin at the end of October. .   
7  SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Performance measurement is used to ensure the efficient and
sustainable delivery of services to meet the Council’s priorities in both
the Corporate Plan and the LOIP. 
(b) Policy and Legal
The Council has a statutory requirement to publish a range of
information that will demonstrate that it is securing best value and assist
in comparing performance both over time and between authorities where
appropriate. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
An Integrated Impact Assessment is not needed because the report is to
inform the Committee on performance. 
(h) Climate Change and Biodiversity Impacts
None  
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(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance), the
Chief Financial Officer, Service Managers, Legal Services, the Equal
Opportunities Officer and the Democratic Services Manager have been
consulted with any comments received incorporated into this report. 
8. CONCLUSION 
8.1 At the end of September 2023, progress against the Financial Services
Service Plan is that 52% of planned activities are complete. 
Author of Report: Suzanne Wilson, Research and Information Officer
Background Papers: Service Plan Actions 
Service Plan Performance Indicators
Service Performance Indicators
Complaints Monitoring Report 
Ref: SPMAN-1293228629-967 
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Page 125

REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: PERFORMANCE REPORT (GOVERNANCE, STRATEGY AND
PERFORMANCE) – PERIOD TO SEPTEMBER 2023 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the performance of the service for the period to 30
September 2023. 
1.2  This report is submitted to Committee in terms of Section III (A) (4) of the 
Council’s Scheme of Administration to monitor performance in accordance 
with the Council’s Performance Management Framework. 
2. RECOMMENDATION 
2.1 It is recommended that Committee: 
(i) scrutinises and notes performance in the areas of Service
Planning, Service Performance and other related data to the end
of September 2023; and 
(ii) notes the actions being taken to improve performance where
required. 
3. BACKGROUND 
3.1 The Council, approved a revised Performance Management Framework for
services on 7 August 2019 (para 5 of the minute refers) which provides for
twice yearly reports to committee on service performance. 
4. SERVICE PLANNING 
4.1 Each service plan sets out the planned strategic and service level priorities
and outcomes it intends to deliver in the coming year aligning closely with
financial planning, corporate and community planning partnership strategic
priorities. This report provides an interim update on progress on the service
plan through key outcomes and performance indicators.   Committee is invited
to review progress to secure assurance that is satisfactory and to provide
scrutiny and further direction where performance requires attention. 
Item 11.
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4.2 The narrative included is by exception, links to Service Plan Actions and
Performance Indicators can be accessed within the Background Papers
section of this report. 
4.3 At the half year point of the 2023/24 service plan a number of actions have not
progressed as scheduled, with overall progress at 24%.  Competing workload
priorities such as the work around corporate budget activities, have impacted
on the resources available to drive service plan actions in the first half of the
year.  The actions identified remain priorities so it is likely that the timescales
for implementation will need to be extended at the time the service plan is
next renewed. 
Strategic Outcomes – successes
4.4 Nothing to report. 
Strategic Outcomes – challenges and actions to support
4.5 Progress on implementing a framework for Continuous Improvement across
council services has not progressed as planned, largely due to resources
being focused on corporate budget activities.  A draft proposal on how this
process can be embedded will be submitted to the Corporate Management
Team for consideration in quarter 3.  (GSP STRATEGIC 1.1) 
Service Level Outcomes - successes
4.6 The framework for a rolling review of second tier governance documents is in
place.  The Guidance for Notice of Motion procedure was approved and the
review of all priority A documents is on schedule to complete by the 31 March
2024.  (GSP 2023-24 IG 1.2) 
Service Level Outcomes – challenges and actions to support
4.7 The half way point review of the Local Outcome Improvement Plan (LOIP) is
ongoing following a development session with Community Planning Board
members.  As an interim solution, priority leads have been asked to update
Delivery Frameworks for the 2023/24 reporting period that will allow progress
against priorities to be monitored.  (GSP 2023-24 PF 1.1) 
4.8 Limited progress has been made to date on considering the options for
centralising financial assessments within the Benefits Team.  Competing
priorities, such as meeting funding bid deadlines, have meant options have
not been investigated as planned.  Early engagement to identify other
authorities that have expanded remits to include financial assessments has
RAG
10%
26%
24%OVERALL PLAN PROGRESS
Comment
Service Plan - Annual progress is measured by milestone achievements,
as at the end of quarter 2 progress has been slow with a number of actions
behind schedule.  Competing workload pressures has impacted on
progress to date.
Performance Indicators - no strategic indicators
SERVICE PLAN PRIORITIES
STRATEGIC LEVEL OBJECTIVES
SERVICE LEVEL OBJECTIVES
SERVICE PI'S
Achieving
Target
Within Target
Below Target
Data Only
Data not
available
0
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been undertaken and awaiting feedback.  It is expected that progress will be
made in the remaining six months.  (GPS 2023-24 DTE 1.3)   
5. SERVICE PERFORMANCE 
5.1  In line with the Performance Management Framework, operational
performance is reviewed quarterly by departmental management.  Areas
performing well and/or areas subject to a decreasing trend or where
benchmarking results show performance significantly below comparators will
be reported to this committee for member scrutiny. 
5.2  The narrative included is by exception, links to Service Performance
Indicators can be accessed within the Background Papers section of this
report. 
Operational Indicators - successes
5.3 The Housing Benefits team continue to exceed targets in the processing of
new and change of circumstance benefit claims. Over the first half of 2023/24
the average processing time for new housing benefit claims was 17 days, well
within the target of 21 days and improving on the previous year (18 days). 
Change of circumstances housing claims have been processed in an average
of 4 days, exceeding the 6 day target. (Indicators CPS011 and 012) 
Operational Indicators - challenges
5.4 The percentage of committee action sheets and draft minutes issued by
Committee Services on time or early has been below target for the first half of
2023/24.  Just over half of committee action sheets (52%) and 68% of
committee draft minutes were issued by due dates, below the target of 85%. 
The service have been operating with two vacancies, however recent
recruitment of staff will enable the service to improve on performance.  During
this period, the issue of committee agendas has remained a priority, reflected
in the above target performance being maintained. (Indicators CS002 and
CS003)  
5.5 The percentage of telephone calls received by Customer Services that were
answered within 60 seconds slipped to 63.1% in quarter 2, below the 75%
target.  The volume of calls increased slightly on the previous quarter and by
9% when compared to the same period last year, in what is generally
considered a quieter period over the summer months. The increase is
attributed to Revenues related calls in August regarding Direct Debits.  Call
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volumes and answer rates continue to be monitored on a monthly basis. 
(Indicator CPS058a) 
6. OTHER PERFORMANCE RELATED DATA 
Complaints and MP/MSP Enquiries
6.1 In line with the Performance Management Framework, complaints are
reviewed quarterly by departmental management in terms of time taken to
respond, outcome and learning points.  Detailed tables can be accessed
within the Background Papers section of this report. 
6.2 A total of 10 complaints were received during the first half of 2023/24, with 10
complaints closed in the same period. All complaints were resolved at
Frontline stage. Five complaints were upheld, one partially upheld and the
remaining four were not upheld.  Nine of the ten complaints were resolved
within the 5 working day target timescale, with the overall average time taken
to respond to complaints being 3 days.  Of the six complaints upheld / partially
upheld, two related to delays in customers receiving follow up contact; two
regarding confidentiality of customers personal data; one for the payment
system being down; and one for the way an officer communicated with a
customer.  All were acknowledged and reinforcement action taken. 
6.3 Ten MP/MSP enquiries were received and closed during the first half of
2022/23.  All enquiries were resolved. 
6.4 Across the council, over the last three years the Council have dealt with 1,820
non-statutory MP/MSP enquiries, in addition to around 1,600 statutory
complaints.  These are subject to a similar process to that of complaints using
the Model Complaints Handling Procedure (MCHP).  The following graph
shows the volume of enquiries received each quarter since quarter 3 2020/21. 
On average each quarter the Council receive 152 enquiries.  Just over 85% of
enquiries were directed to Economy, Environment and Finance.     
Other Performance (not included within Service Plan)
6.5 Nothing to report.    
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Case Studies
6.6 Nothing to report. 
Consultation and Engagement
6.7 Nothing to report. 
7. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Performance measurement is used to ensure the efficient and
sustainable delivery of services to meet the Council’s priorities in both
the Corporate Plan and the LOIP. 
(b) Policy and Legal
The Council has a statutory requirement to publish a range of
information that will demonstrate that it is securing best value and assist
in comparing performance both over time and between authorities where
appropriate. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
Recruitment remains an acute challenge for the Legal Services section.
Absence rates sit at around 50% with significant volumes of work
requiring to be outsourced.   
(f) Property
None. 
(g) Equalities/Socio Economic Impact
An Equality Impact Assessment is not required as this report is to inform
the Committee on performance. 
(h) Consultations
The Head of Governance, Strategy and Performance, Depute Chief
Executive (Education, Communities and Organisational Development),
Service Managers, Legal Services, the Equal Opportunities Officer, and
the Democratic Services Manager have been consulted with any
comments received incorporated into this report. 
8. CONCLUSION 
8.1 As at September 2023, overall progress against the service plan for
2023/24 was 21% complete.  A number of actions have been subject to
slippage and will be progressed over the second half of 2023/24. 
Author of Report: Neil Stables, Research and Information Officer
Background Papers: Service Plan Actions
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Service Performance Indicators 
Service Complaints
Ref: SPMAN-2045703626-314 
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REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023  
SUBJECT: PERFORMANCE REPORT (HUMAN RESOURCES,
INFORMATION COMMUNICATIONS TECHNOLOGY AND
ORGANISATIONAL DEVELOPMENT) – PERIOD TO SEPTEMBER
2023 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To inform the Committee of the performance of the service for the period to 30
September 2023. 
1.2 This report is submitted to Committee in terms of Section III (A) (4) of the
Council's Scheme of Administration to monitor performance in accordance
with the Council’s Performance Management Framework. 
2. RECOMMENDATION 
2.1  It is recommended that Committee: 
(i) scrutinises and notes performance in the areas of Service
Planning, Service Performance and other related data to the end
of September 2023; and  
(ii) notes the actions being taken to improve performance where
required. 
3. BACKGROUND 
3.1 On 7 August 2019, the Moray Council approved a revised Performance
Management Framework for services (para 5 of the minute refers). 
4. SERVICE PLANNING 
4.1 Each service plan sets out the strategic and service level priorities and
outcomes it intends to deliver in the coming year aligning closely with financial
planning, corporate and community planning partnership strategic priorities. 
This report provides an interim update on progress on the service plan, key
outcomes and performance indicators.  Committee is invited to review
Item 12.
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progress to secure assurance that is satisfactory and to provide scrutiny and
further direction where performance requires attention.   
4.2 The narrative included is by exception, links to Service Plan Actions and
Performance Indicators can be accessed within the Background Papers
section of this report.   
Strategic Outcomes – successes 
4.3 Expansion of the use of digital technologies is on track with work ongoing
across a number of services.  Online forms for short term lets have attracted
226 applications submissions since the service went live.  Corporate
complaints can now be reported online, making the process easier for the
public and reducing workload for customer service staff.  Support was also
provided for the enhanced m.connect service with the provision of the Lift &
Go website and app.  (Action ICT23-24.Strat.4.1a) 
Strategic Outcomes – challenges and actions to support 
4.4 To allow resources to prioritise budget review work, several strategic Human
Resources and OD actions have been paused until the budget process is
complete.  (Actions HR&OD23-24 Strat.4.1, 4.3 and 4.4) 
Service Level Outcomes – successes 
4.5 To support both managers and employees through the budget review process
and anticipated changes, several Skills for Change workshops have been
delivered with more planned during quarter 3. (Action HR&OD23-24.Serv
5.1.1) 
4.6 Development and implementation of M365 is progressing well with migration
to the Microsoft Exchange Online commencing in July as planned.  Roll out of
M365 software has been tested with policies for Windows and Android in
development.  (Action ICT23-24 Serv 5.3) 
Service Level Outcomes – challenges and actions to support 
4.7 Work to address issues around the Gender Pay Gap has been affected by
staff absence and paused to prioritise budget review work..  (Action
HR&OD23-24.Serv 5.2, PI CORP3c) 
4.8 Cyber Resilience progress is reported at 30%.  Business as usual work, which
contributes to the overall plan, has seen a significant increase in the number of
cyber security notices that need to be reviewed or remediated.  Cyber Security
HR & OD ICT
Gender Pay Gap 0% n/a
Compliance n/a 30%
A sustainable council that provides
valued services to our communities 50% 45%
Transformation n/a 75%
Forward Planning n/a 25%
37% 34%
SERVICE
LEVEL
COMMENT
At the end of quarter 2, work has paused for some HR and OD actions due
to the ongoing Budget Review Process. For ICT, Cyber Security training is
ready to be launched and support for the Smarter Working Project will
continue in line with project timelines. 
SERVICE PLAN OUTCOMES
STRATEGIC
LEVEL
A sustainable council that provides
valued services to our community 44% 25%
OVERALL PROGRESS
Workforce Development 38% 40%
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training covering various topics has been created and will be launched later in
the year.  (Action ICT23-24.Serv 5.1) 
4.9 Although the action covering Smarter Working has an agreed due date of
October 2023, work will continue as per project requirements.  Based on these
timelines, ICT support is on track.   (Action ICT23-24.Serv 5.2) 
5 SERVICE PERFORMANCE 
5.1 In line with Performance Management Framework, operational performance is
monitored quarterly by departmental management.  Areas performing well
and/or areas subject to a decreasing trend or where benchmarking results
show performance below comparators will be reported to this Committee for
member scrutiny. 
5.2 Following approval of Service Plans by Committee, a review of performance
indicators has been undertaken and amendments made to align indicators
with service outcomes. 
5.3 The narrative included is by exception, links to Service Performance
Indicators can be accessed within the Background Papers section of this
report.   
Operational Indicators – successes
5.4 Health and Safety Incidents and Working Days Lost have improved between
quarters 1 and 2 with both indicators achieving target.  The Health & Safety
Team continue to focus resources where required based on analysis of
reported incidents and trends.  (PIs HROD005 & HROD007) 
Operational Indicators – challenges and actions to support 
5.5 Incidents of violence and aggression continue to exceed target.  Between
April and September, a total of 1,865 incidents were recorded with Education
accounting for 1,675.  Guidance and training on intervention techniques
continues to be delivered with PSA induction training and the ASN handbook
currently being updated.  The new electronic recording system has also
allowed for more targeted support with additional training on Behavioural
Support Strategies provided where needed.  (PI HROD006)  
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6 OTHER PERFORMANCE RELATED DATA 
Complaints and MP/MSP Enquiries
6.1 In line with the Performance Management Framework, complaints are
reviewed quarterly by departmental management in terms of time taken to
respond, outcome and learning points.  Detailed tables can be accessed
within the Background Papers section of this report.   
6.2 During the reporting period, HR, ICT and OD received 1 complaint.  This
remains open with investigations ongoing.   
6.3 2 MP/MSP enquiries have also been received during the first half of 2023/24
covering issues around staff conditions and special leave.   
Other Performance (not included in the Service Plan)
6.4 Moray Council was successful in achieving Gold in the Ministry of Defence
Employer Recognition Scheme supporting the Armed Forces Covenant.  This
award demonstrates the high level of support the Council provides to Service
Personnel both in the workforce and in the wider community. 
Consultation and Engagement
6.5 The latest Employee Survey ran between August and September.  Responses
are now being analysed with outcomes and recommendations expected by
the end of the year.   
7  SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Performance measurement is used to ensure the efficient and
sustainable delivery of services to meet the Council’s priorities in both
the Corporate Plan and the LOIP. 
(b) Policy and Legal
The Council has a statutory requirement to publish a range of
information that will demonstrate that it is securing best value and assist
in comparing performance both over time and between authorities where
appropriate. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
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(g) Equalities/Socio Economic Impact
An Integrated Impact Assessment is not needed because the report is to
inform the Committee on performance. 
(h) Climate Change and Biodiversity Impacts
None 
(i) Consultations
Depute Chief Executive (Education, Communities & OD), Head of HR,
ICT & Organisational Development, Service Managers, Legal Services,
the Equal Opportunities Officer and the Democratic Services Manager
have been consulted with any comments received incorporated into this
report. 
8. CONCLUSION 
8.1 At the end of September 2023, progress for Human Resources and OD
actions stand at 37% complete with ICT actions at 34% complete. 
Progress has paused in some areas due to the ongoing budget process
which may result in slippage against original due dates.   
Author of Report: Suzanne Wilson, Research and Information Officer
Background Papers: Service Plan Actions 
Service Plan Performance Indicators
Service Performance Indicators
Complaints Monitoring Report 
Ref: SPMAN-1656699058-144 
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REPORT TO: CORPORATE COMMITTEE ON 7 NOVEMBER 2023 
SUBJECT: TRUST PROPERTIES IN ELGIN 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1 REASON FOR REPORT 
1.1 To invite the Committee to consider a mechanism for bringing vacant
residential properties held under public trusts back into use. 
1.2 This report is submitted to the Corporate Committee in terms of Section (III)
(B) 20 of the Council’s Scheme of Administration relating to the management
of Trust property. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
(i) agree in principle to the four vacant Trust properties being leased
to the Council on terms and conditions to be agreed by the Head of
Housing and Property, the Head of Governance Strategy and
Performance and the Chief Financial Officer; and 
(ii) authorise the Chief Financial Officer, in consultation with the Head
of Housing and Property and the Head of Governance, Strategy and
Performance, to agree the detailed terms of the lease subject to the
proposal being financially sustainable. 
3. BACKGROUND 
3.1 The Council are Trustees of two cottages at Ladyhill, Elgin, (Ladyhill
Cottages) and eight Victoria Diamond Jubilee Homes in Victoria Road, Elgin,
(Victoria Cottages).  Both of the Ladyhill Cottages and two of the Jubilee
Cottages are currently vacant.  The previous tenancies were managed by the
Council’s Housing service on behalf of the Trustees. 
3.2 Ladyhill Cottages were gifted by the Right Honourable Sir Archibald
Williamson in 1921 to the former City and Royal Burgh of Elgin to be held in
trust for the benefit of “suitable persons”.  The trust property comprises two
cottages being Suvla Cottage and Messines Cottage, together with an area of
garden ground, open space and access and approach to Ladyhill.  The
Item 13.
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cottages are Category C listed.  Ladyhill Cottages are not registered with the
Office of the Scottish Charity Regulator (OSCR). 
3.3 Jubilee Cottages were built by the City and Royal Burgh of Elgin in 1897 to
establish a memorial to the Diamond Jubilee Year of Queen Victoria.  The
property was transferred by a Deed of Trust to the Trustees in 1899.  The
cottages are also Category C listed.  In March 2017, the six mid-terraced
cottages were renovated to provide assessment and rehabilitation units,
which are currently managed by Health and Social Care Moray.  At that time,
the two end-terraced cottages were still occupied by tenants.  Jubilee
Cottages are registered with OSCR. 
3.4 All four vacant cottages are not in a lettable condition as they do not meet the
requisite standards. Both of the Trust Funds are in deficit with no prospect of
any income to offset ongoing costs. The bulk of the ongoing property costs
relate to Council Tax, currently amounting to a total of £5,232 for the two
Ladyhill Cottages and £4,484 for the two Jubilee Cottages. 
3.5 A project to bring Suvla Cottage up to a lettable standard secured a grant of
£64,000 from the Town Centre Capital Fund allowing work to commence
earlier this year.  After the project started on site, additional essential works
were identified, bringing the total cost up to £90,000. These additional
estimated costs of £26,000 are currently unfunded. Messines Cottage will
require the same level of work to bring it back into use. No works have
commenced on Messines Cottage.  Bringing both vacant Jubilee Cottages
back into use would require the construction of rear extensions to meet spatial
standards and a specification of full refurbishment has been developed at a
total estimated cost of £155,000. 
3.6 The Trust purposes are currently incapable of being delivered without the
identification of an alternative funding source. 
4. LADYHILL COTTAGES TRUST 
4.1 The beneficiaries of the Ladyhill Cottages are such persons as the Trustees
may at their discretion select as occupants with preference being given to:
(i) ex-sailors, ex-soldiers or ex-airmen of the national forces should any
apply and be approved by the Trustees; and
(ii) if possible, to natives of Morayshire or Nairnshire. 
4.2 The trust deed includes a further preference that the rent to be charged shall
be purely nominal in return for the occupant’s services as gardeners in their
spare time and caretakers of the garden, open space, access and approach
to the cottages and to Ladyhill. 
4.3 The Council sought advice from external solicitors who are specialists in trust
law.  Although the Trustees are not permitted to sell or change the use of the
cottages, the advice received is that the Trustees do have the power to let out
the property on such terms as they see fit, including charging a rent, without
the need to amend the Deed of Gift.  Although the preferences set out in
paragraphs 4.1 and 4.2 above reflect the wishes of the granter of the Deed of
Gift, they are not considered to be legally binding.
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5. JUBILEE COTTAGES TRUST 
5.1 Under the terms of the Trust Deed, Jubilee Cottages are to be used as far as
possible as dwelling places or homes for poor people of respectable character
who are unable otherwise to provide comfortable homes of a similar class for
themselves.  In selecting the tenants, the trust deed includes provision that
preference is to be given applicants in the following order: 
(i) To old married couples and the survivor of them provided the survivor is
over fifty years of age at the time of death of the predeceased.
(ii) To widows or elderly single females.
(iii) To old men married or unmarried.
(iv) In making the selection of beneficiaries … natives of the City and Royal
Burgh of Elgin will have first claim and after them preference will be
given to persons who for a length of time have resided in the City and
Royal Burgh of Elgin and made an honest living there. 
5.2 As with Ladyhill Cottages, the preferences reflect the wishes of the grantors,
in this case being the former City and Royal Burgh of Elgin.  Many of the
detailed conditions are now considered archaic and unenforceable. 
5.3 The Trust Deed allows the Trustees to re-convey the property to the Council. 
However, the vacant cottages can also be leased to the Council provided that
the proposal is not at variance with the Trust purposes. 
6. PROPOSAL 
6.1 The Trustees have the power to grant a lease of the four cottages to the
Council in its capacity as Housing Authority.  This would allow the trust
purposes to be fulfilled by enabling funds from the Housing Revenue Account
to be used to bring the cottages back into use. 
6.2 As the cottages would remain the property of the respective Trusts, the
Council would allocate the tenancies under the framework of its Allocations
Policy via a lettings plan which would endeavour to satisfy the preferences set
out in the trust deeds as far as reasonably possible in the current context. 
6.3 In exchange for taking on full responsibility for the properties, no rent would
be charged by the Trustees.  The level of rent charged by the Council would
enable it to use funds from the Housing Revenue Account to maintain the
properties. 
6.4 It is proposed that the trust properties be leased to the Council for a minimum
period of 20 years to ensure full recovery of the refurbishment costs.  The
financial position would be kept under review, with a formal review undertaken
prior to the end of the lease to ensure that a return to the respective trust
control would be sustainable at that time.  The intention is for the properties to
return to trust control only when that is financially sustainable. 
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6.5 In summary, it is proposed that the Trusts lease the cottages to the Council on
full repairing terms and conditions for a period of 20 years at a nominal rent. 
The Council would be obliged under the terms of the lease to bring the
cottages back into a lettable condition before subletting.  The lease could be
extended by mutual agreement between the Trust and the Council if deemed
appropriate. 
7. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
This report identifies a means of bringing four vacant residential
properties back into use in a way that is financially sustainable.  The
Corporate Plan and LOIP identify the need to address the shortage of
affordable housing and tackle homelessness while working towards
creating a sustainable Council that provides valued services to the
community. 
(b) Policy and Legal
This report deals with the Council’s legal duties as Trustees.  The
Trustees have full responsibility for the management of the two public
trusts with reference to the trust purposes.  In the absence of any powers
in a deed of trust then the powers under the Trusts (Scotland) Act 1921
apply.  These powers include granting leases provided that they are not
at variance with the terms and purposes of the trust. 
(c) Financial Implications
If no changes are agreed then the trust funds would continue to operate
in deficit, incurring additional annual costs of at least £9,713 in respect of
Council Tax alone, with additional miscellaneous costs incurred as
required for reasons of health and safety. 
The proposal involves funding from the Housing Revenue Account of
£116,000 in respect of Ladyhill Cottages and £155,000 in respect of
Jubilee Cottages.  The intention would be to let each cottage at the
prevailing Local Housing Allowance rate, providing an annual income of
approximately £5,000 per cottage at current levels.  Allowing for annual
Council operating costs of £20 per week per cottage, this leaves
approximately £4,000 per annum to service the debt.  Assuming no
extraordinary costs during the period of the lease, this results in a
minimum payback period of 15 years for Ladyhill Cottages and 20 years
for Jubilee Cottages. 
(d) Risk Implications
If no changes are agreed, the properties will remain unlettable and their
condition will continue to deteriorate.  The proposals provide a
mechanism for bringing the properties back into use. 
(e) Staffing Implications
There are no staffing implications arising from this report. 
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(f) Property Implications
The property implications are set out in the body of the report. 
(g) Equalities/Socio Economic Impact
A stage 1 Integrated Impact Assessment identified no adverse impacts. 
The proposals involve bringing four dwelling houses back into use, which
would then be let out in accordance with the Council’s Allocations Policy. 
There is no change to Council services involved. 
(h) Climate Change and Biodiversity Impact
There are no climate change or biodiversity implications arising from this
report. 
(i) Consultations
The Depute Chief Executive (EEF), Head of Housing and Property, Head
of Governance Strategy and Performance, Chief Financial Officer, Legal
Services Manager, Property Asset Manager, Laurie Milne,  Senior
Accountant, Democratic Services Manager, and Equal Opportunities
Officer have been consulted and their comments incorporated in the
report. 
The properties sit within Wards 6 and 7.  Ward Members, Councillors
Peter Bloomfield, John Divers, Amber Dunbar, Jeremie Fernandes,
Graham Leadbitter and Sandy Keith, are aware of the proposal and may
make their views known at Committee. 
8. CONCLUSION
8.1 The Trusts are currently operating in deficit, which means that the
Trustees are unable to fulfil the trust purposes without identifying an
alternative funding source.
8.2 The Trustees have power to grant a lease to the Council on terms and
conditions that would allow the trust purposes to be delivered while
bringing four dwelling houses back into use.
Author of Report: Andrew Gray, Asset Management Coordinator
Background Papers: Held by author
Ref: SPMAN-1285234812-1417
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