Agenda Document Pack - Corporate Committee - 27/08/2024
Moray Council · 27 August 2024
Back to Corporate Committee — 27 August 2024 and its agenda
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Corporate Committee Tuesday, 27 August 2024 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, 27 August 2024 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 Item 17 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 of meeting of 11 June 2024 7 - 12 5. Written Questions ** 6. 2023-2024 Workforce Planning Report Report by the Depute Chief Executive (Education, Communities and Organisational Development) 13 - 34 7. Information Governance Annual Report 2023-2024 Report by Depute Chief Executive (Education, Communities and Organisational Development) 35 - 38 Page 1
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8. Trusts Funds Summary Expenditure 2023-24 Report by the Depute Chief Executive (Economy, Environment and Finance) 39 - 46 9. Capital Plan 2024-25 Report by the Depute Chief Executive (Economy, Environment and Finance) 47 - 54 10. Revenue Expenditure to 30 June 2024 Report by the Depute Chief Executive (Economy, Environment and Finance) 55 - 78 11. Best Value Action Plan Progress Report Report by the Depute Chief Executive (Education, Communities and Organisational Development) 79 - 84 12. Corporate Risk Register Report by the Depute Chief Executive (Education, Communities and Organisational Development) 85 - 94 13. Localisted Poverty in Moray Update Report by the Depute Chief Executive (Education, Communities and Organisational Development) 95 - 130 14. Moray British Sign Language Plan 2024-2030 Report by the Depute Chief Executive (Education, Communities and Organisational Development) 131 - 142 15. Review of Second Tier Governance Documents Report by the Depute Chief Executive (Education, Communities and Organisational Development) 143 - 178 16. Review of Community Council Scheme and Election Arrangements Report Report by the Depute Chief Executive (Education, Communities and Organisational Development) 179 - 190 Item(s) which the Committee may wish to consider with the Press and Public excluded Page 2
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17. Progress on Collaborative Leadership Development Work [Para 1] • 1. Information relating to staffing matters; Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person, if you wish to do so, please come to the High Street entrance door and a member of staff will be let into the building. Page 3
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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. Page 4
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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 Scott Lawrence (Member) Councillor Marc Macrae (Member) Councillor Paul McBain (Member) Councillor Shona Morrison (Member) Councillor Derek Ross (Member) Councillor Draeyk van der Horn (Member) Clerk Name: Tracey Sutherland Clerk Telephone: 07971 879268 Clerk Email: committee.services@moray.gov.uk Page 5
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MORAY COUNCIL Minute of Meeting of the Corporate Committee Tuesday, 11 June 2024 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 Scott Lawrence, Councillor Graham Leadbitter, Councillor Marc Macrae, Councillor Paul McBain, Councillor Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor Draeyk van der Horn IN ATTENDANCE Interim Chief Executive; Depute Chief Executive (Education, Communities and Organisational Development); Depute Chief Executive (Economy, Environment and Finance); Head of Human Resources, ICT and Organisational Development; Head of Governance, Strategy and Performance; Head of Financial Services; Head of Housing and Property Services, Asset Management Co-ordinator and Caroline O'Connor, Committee Services Officer. 1. Chair The meeting was chaired by Councillor Bridget Mustard. 2. Pre-Election Period The Chair reminded the Committee the meeting was taking place during the pre- election period and that there are restrictions on the Council over publishing material which could show support for a particular party. As Council meetings are webcast they fall within these restrictions. The Chair stated the advice from the Monitoring Officer was that, whilst the Committee can continue to deal with "business as usual" items, should debate become overtly political then the Chair may require to intervene. 3. Declaration of Group Decisions and Members Interests * In terms of Standing Orders 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. 4. Resolution The meeting resolved that in terms of 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 16, 17 and 18 of business on the grounds that they involve the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Item 4. Page 7
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Para number of the minute Para Number of Schedule 7a 16 1 Information relating to staffing matters 17 1 Information relating to staffing matters 18 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 5. Minutes of meeting of 23 April 2024 The minutes of the Corporate Committee of 23 April 2024 were submitted and approved. 6. Written Questions ** The Committee noted that no written questions had been submitted. 7. Performance Report (HR ICT and OD) Period to March 2024 The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) informing the Committee of the performance of the service for the period to 31 March 2024. Following consideration the Committee unanimously agreed to:- i) note performance in the areas of Service Planning, Service Performance and other related data to the end of March 2024; and ii) note the actions being taken to improve performance where required. 8. Performance Report (Governance, Strategy and Performance) Period to March 2024 The meeting had before it a report informing the Committee of the performance of the service for the period to 31 March 2024. Following consideration the Committee unanimously agreed to:- i) note performance in the areas of Service Planning, Service Performance and other related data to the end of March 2024; and ii) note the actions being taken to improve performance where required. Page 8
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9. Human Resources ICT and Organisational Development and Governance Strategy and Performance Service Plans 2023-2024 The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) inviting the Committee to consider the Human Resources, ICT and Organisational Development and Strategy, Governance and Performance Services' Service Plans for 2024-25. Councillor Coull sought clarification on Appendix 2 in the Customer Services action relating to reviewing the hours phone services, noting there was text missing text in the "planned outcome" and "outcome measures" columns. In response the Head of Governance, Strategy and Performance apologised for the error and confirmed the missing text was "centrally managed service". Following consideration the Committee unanimously agreed to approve the Service Plans for services within Human Resources, ICT and Organisational Development and Governance, Strategy and Performance. 10. Local Government Benchmarking Framework 2022-23 and 2021-22 Results The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) presenting to the Committee a corporate overview of benchmarking performance data for the period 2022-23 and 2021-22. Following consideration the Committee unanimously agreed to note the Council's performance in terms of a corporate overview of benchmarking results. 11. Workforce Working Group The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) updating Committee on the progress made and planned areas of work for the Workforce Working Group. Following consideration the Committee unanimously agreed to note the planned areas of work for the Workforce Working Group and that these will be included in the Workforce Plan and brought forward for future consideration by this Committee. 12. Performance Report (Financial Services) Period to March 2024 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) inviting the Committee to consider the Financial Services Plan for 2024-25. Following consideration the Committee unanimously agreed to approve the Service Plan for Financial Services. 13. Financial Services Service Plan 2024-25 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) inviting the Committee to consider the Financial Services Plan for 2024-25. Page 9
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Following consideration the Committee unanimously agreed to approve the Service Plan for Financial Services. 14. Common Good Funds - Summary Expenditure for 2023-24 and Estimated Disposable Income for 2024-25 The meeting 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 2024 and the estimated income available for disbursement in 2024/25. Following consideration the Committee unanimously agreed:- i) to note the disbursements approved for 2023/24 for each of the Common Good Funds shown in Appendix 1; ii) to approve the carry forward of the disbursed balances for 2023/24 for the Buckie, Cullen, Dufftown, Elgin, Forres, Portknockie, Keith and Findochty Funds to be made available in 2024/25; iii) the estimated income available for disbursement in 2024/25 shown in Appendix 1; iv) to approve that Millbuies is held separately from Elgin Common Good Fund and that the harvesting income is excluded from the two thirds distribution policy and is re-invested in Millbuies Park as shown in Appendix 1; v) to note the Balance Sheet for each Common Good in Appendix 2; and vi) to note the Common Good Fund Asset Register in Appendix 3. 15. Property Asset Management Appraisal The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) providing a progress update on outstanding recommendations set out within the Property Asset Management Appraisal (PAMA). Following consideration the Committee unanimously agreed to note the progress of outstanding recommendations set out within the Property Asset Management Appraisal and detailed in Section 4 of the report. 16. Voluntary Early Retirement and Severance Applications [Para 1] The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) asking the Council to consider applications under the terms of the agreed Voluntary Early Retirement (VER) and Voluntary Severance (VS) Schemes. Following consideration the Committee unanimously agreed to approve the applications for Voluntary Early Retirement and Voluntary Severance contained within Appendix A. Page 10
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17. Early Retirement Application [Para 1] The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) asking the Committee to consider an application for Early Retirement under the terms of the Council’s agreed Pension Discretions. Following consideration the Committee unanimously agreed to approve the application for Early Retirement. 18. Common Good Property in Forres [Paras 4 and 9] The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) inviting the Committee to consider an application for the purchase of a Common Good property in Forres and if so minded, to approve public consultation on the proposal. Concern was raised by members of the Committee on the timing of any consultation noting there may be risk of an adverse impact on the public consultation for the new Forres Academy. In response, the Chief Financial Officer advised there were no timescales set out in statute and the consultation could therefore be deferred until the Forres Academy consultation had taken place. Councillor Leadbitter moved an amendment to the wording of Recommendation (i) so it would read "approve preparatory work on publication consultation". The Depute Chief Executive (Economy, Environment and Finance) suggested a further amendment to add wording to the end of Recommendation (i) with the addition of the words "and consultation to be deferred until the consultation on Forres Academy is concluded". There being no-one otherwise minded the Committee unanimously agreed to:- i) approve preparatory work on public consultation on the proposal to purchase the property at Clovenside at a price sufficient to generate income to Forres Common Good equivalent to the rental income currently paid for that property, and consultation to be deferred until the consultation on Forres Academy is concluded; and ii) note that a second report on the results of the consultation will be brought back to this Committee with recommendations regarding the proposal as informed by the consultation. Page 11
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REPORT TO: CORPORATE COMMITTEE 27 AUGUST 2024 SUBJECT: 2023-2024 WORKFORCE PLANNING REPORT BY: DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND ORGANISATIONAL DEVELOPMENT) 1. REASON FOR REPORT 1.1 To inform the Committee of the progress made against the workforce strategy and plan for the period 2023-2024 and to consider the proposed workforce strategy for 2024-2027 and 2024-25 action plan. 1.2 This report is submitted to Committee in terms of Section III (B) (24) (c) of the Council's Scheme of Administration relating to the recruitment, training and development, health, safety and welfare policies and practices of the Council. 2. RECOMMENDATION 2.1 It is recommended that the Committee: (i) consider and note the progress made against the 2023-24 workforce plan; (ii) approve the proposed Workforce and Organisational Development Strategy and Plan for 2024-2027 as set out in Appendix A; and (iii) note the positive contribution from the short life Workforce Working Group. 3. BACKGROUND 3.1 The Council’s Workforce and Organisational Development Strategy and plan set out how the Council will prepare and manage the workforce to be able to respond to the agreed Council priorities as set out in the Corporate Plan and the work that is required to support and achieve those objectives. 3.2 This is based on the firm belief that the Council’s workforce is fundamental in delivering high quality and improving council services that will enable sustainable transformation. Workforce planning allows the Council to ensure that the workforce is skilled, equipped, managed and deployed effectively ensuring the Council can meet current and future demands. Item 6. Page 13
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4. CURRENT ISSUES AND PRIORITIES 4.1 The Council continues to experience recruitment difficulties across multiple service areas including some teaching posts, specialist professional and senior management posts, fleet services and social care. While some specific actions have been progressed during 2023-24, there is further work required which is carried forward into the 2024-25 plan. 4.2 Work to address Best Value scrutiny challenges has culminated in a consolidated Action Plan, the contents of which require to be progressed at pace. These include swift progress on the development of a leadership development provision to ensure corporate and individual leadership needs are developed and supported. It is also recognised that further refinements are required to improve the Council’s ability to measure the success of the actions within the workforce plan with a balance of both qualitative and quantitative measures. While some changes have been added to the workforce plan in this regard, further consideration will be given to additional measures as part of the planned work. 4.3 With the requirement to find further savings to meet the Council’s structural budget deficit, the pace and depth required for progress with transformational change, reshaping to the Council of the future and changes to ways of working to become a more sustainable organisation, a Transformation Strategy has been agreed that sets out current and future work. Analysis of these projects will identify the workforce planning requirements required to inform the workforce development needed to support each discrete area of work and cross-cutting themes. 4.4 In response to the 2023 Employee Survey results, a short life Workforce Working Group has been convened to consider workforce information that supports Elected Members and officers to address issues and support a positive workforce culture. Main themes that arose and which are reflected in the Workforce Plan include apprenticeships and the young workforce, skills/workforce development, recruitment challenges, readiness for change, absence and leadership development. 4.5 Taking account of the above as well as work that has been carried forward into this year’s plan, the priorities for 2024-27 are: Developing Leadership Capacity – to prepare leaders with strong leadership skills for leading transformational change. Workforce Planning – to use data effectively to plan, manage and deploy the workforce to ensure achievement of the Council’s key corporate priorities and objectives. Workforce and Organisational Development – to ensure that employees are empowered and enabled to embrace and be prepared for change. Recruitment and Selection – to ensure that Council services are well- resourced with an attractive employment package and recruitment strategies tailored to local requirements. Page 14
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Health and Wellbeing – to pro-actively support the health and wellbeing of employees including managing sickness absence effectively and addressing the challenges of managing challenging behaviours that result in violence and aggression against staff. 5. PROGRESS ON 2023-2024 WORKFORCE PLAN ACTIONS 5.1 Developing Leadership Capacity (i) The blended approach of development activity has continued and work on the future leadership requirements is ongoing to ensure that the leadership capacity to lead change required is achieved. (ii) The strategy for the development of Elected Members has been delivered as per the programme during 2023-24 and is being reviewed to ensure alignment with the Leadership Development Programme for Officers. (iii) Supervisory training has been provided to support the development of future managers including First Line Managers course, Skills for Change, an introduction to Moray Management Methods, Coaching Skill along with procedural training on Recruitment and Selection, Disciplinary and Managing Health at Work. 5.2 Workforce Planning and Change (i) Review of Transform process to accommodate the introduction of the No Compulsory Redundancy policy amendment to the Council’s agreed Change Management Policy and Procedures has been completed and is operational. (ii) Workforce implications of service redesign and change have been managed through agreed procedures across services including the budget consultation process. (iii) Departmental workforce planning was completed as part of an annual cycle. (iv) Review of vacancy management process is ongoing to respond and proactively manage the changing demands of services. (v) Support to Health and Social Care Moray continues for impending budgetary changes. (vi) Introduction of a Skills for Change Workshop to address any skills gaps on supporting the management of change. Page 15
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5.3 Workforce/Employee Organisational Development (i) Identified training needs have been met through the centralised training function based on service requests. (ii) The number of appraisals undertaken is reported through management PIs on a quarterly basis. A review of the Management and Staff appraisal process is ongoing and will be concluded during 2024-25 to ensure a process that is fit for purpose, increases engagement and supports both service and individual improvement. (iii) Developed and delivered an Organisational Development plan to support the embedding of Flexible Working following the pandemic via the Smarter Working project including engagement workshops, training, guidance documents and resources. 5.4 Future Proof Employer of Choice Workforce and Succession Planning (i) Work on a corporate apprenticeship approach was paused during the budget savings process. Informal arrangements are in place to work with services in considering the use of apprenticeships schemes to upskill the workforce and provide opportunities for internal candidates. Work is also ongoing with Social Care services to develop a pathway into the caring professions using Foundation and Modern apprentices. (i) Recruitment work includes a review of Moray’s MyJobScotland page to support the attraction of new candidates, a review of the Recruitment and Selection Policy (ongoing), consideration of market forces impact and draft policy and agreement of professional fees assistance. (ii) The development of a Talent Management and Succession Planning Toolkit is underway, with a proposal to be presented in Quarter 3 of 2024-25 and the aim to have operational by 2025 and will support building internal capacity. 5.5 Health and Wellbeing (i) Mental Health First Aid training was delivered via the Flexible Working Development Fund. (ii) Management of absence cases continues to be supported on a targeted basis through provision of professional advice to managers with training on the implementation of the Health and Work Policy and Procedures delivered to managers and trades union colleagues. (iii) The Local Government Benchmarking Framework national absence figures for 2022-23 indicated increased sickness absence rates ranking 27th out of 32 for sickness absence days per teacher and 12th out of 32 for local government employees. Page 16
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6. EMPLOYEE ENGAGEMENT AND CULTURE 6.1 Employee engagement and culture activity has resumed to a business-as- usual approach with a fuller engagement programme being delivered over 2023-24 comprising service-learning visits, Connect and strategy talks, Bright Ideas, STAR (Special Thanks and Recognition) Awards (employee recognition), employee survey and Team Talk. 6.2 Following completion of analysis of the Employee Survey in 2023 a short life working group has been established to address issues arising and will provide leadership and demonstrate commitment to the required areas for development. This group was established in 2024 with representatives from the Central Management Team, Elected Members, Heads of Service and Trade Unions and will agree actions to support the continued development of a positive workplace culture (referred to in paragraph 4.4). 6.3 Team Talk Dialogue was delivered to support and engage with the workforce during the budget consultation process in 2023-24. This process has been reviewed following Stage 1 and 2 feedback and a new approach is in place to support future budget consultation processes. 7. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The work noted in this report supports the Council to achieve the priorities and objectives in the Corporate and 10 Year Plan. It sets out how the Council will meet the challenges in making best use of the workforce and resources. The actions also ensure continued progress towards the aims of ensuring an engaged workforce with a positive workforce culture. (b) Policy and Legal There are no legal implications arising directly from this report although it remains possible that symptoms of a poor workforce culture such as bullying and harassment could lead to legal challenges against the council. The work that is ongoing and planned in relation to employee engagement and workforce culture continues to provide a solid foundation from which to develop further work to address any workforce related and cultural issues that may arise. It is also important to recognise the importance that the Scottish Government places on the people working in the public sector to deliver the reforms identified by the Christie Commission including the principles of Fair Work. The links to workforce planning and thereby to demonstrating best value are important considerations for the council. (c) Financial implications There are no financial implications arising from this report. Page 17
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(d) Risk Implications The workforce strategy and plan are based on assessment of the issues and risks anticipated in relation to the council’s workforce and identified actions to address these. Previous reductions in size mean that the HR and OD teams are already stretched. With the workforce changes anticipated the focus will be on legal requirements first and foremost. The actions in the workforce plan have been prioritised and if necessary activity will be reduced or ceased on those actions ranked lowest. The risks associated with workforce culture are around the consequences of leaving the culture issues unaddressed and the complexity and challenge of dealing with behavioural issues. The developmental nature of the work combined with the long-term nature of establishing a cultural shift in behaviours means there are long term maintenance requirements to be accommodated before a permanent step change in culture can be achieved. (e) Staffing Implications There are no direct staffing implications arising from this report. However, it will be challenging for the HR service to deliver the actions in the workforce plan and this will be monitored carefully. As the Council seeks to transform and modernise and prepares its financial plans, it is likely that specific workforce issues will emerge. Work will be undertaken as proposals are developed to identify the specific workforce issues and these will be managed through the well- established change management and Transform processes. Account will also be taken of the whole council strategic management of these workforce issues as they emerge by involving the HR team in the planning of the required changes. (f) Property There are no property implications arising from this report. (g) Equalities/Socio Economic Impact There are no equalities or socio-economic issues arising from this report. (h) Climate Change and Biodiversity Impacts No climate change or biodiversity implications have been determined as a result of the content of this report. (i) Consultations The content of this report and the appendices have been considered by the central and senior management teams and the Workforce Working Group and will be on the agenda for the next Trade Union / Officer Group and Local negotiating Committee for Teachers meetings. 8. CONCLUSION 8.1 The Council is required to have robust workforce planning arrangements in place to ensure the delivery of services. There has been progress against the majority of workforce plan actions since April Page 18
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2023 despite a heavy focus on the workforce implications of budget savings proposals. 8.2 The Workforce and Organisational Development Strategy sets the direction for 2024-2027 and the plan sets out the planned work for 2024- 2025 with a focus on managing the workforce implications of change and transformation, preparing the workforce for change and future demands, ensuring leadership capacity is developed and continuing to address and respond to recruitment and retention challenges whilst ensuring the health, safety and wellbeing of the workforce. Author of Report: Frances Garrow, Head of HR, ICT & Organisational Development Background Papers: Corporate Workforce Report (2023-24) Workforce Plan Conclusions (2023-24) Ref: Appendix A: 2024-2027 Workforce and Organisational Development Strategy and Plan (2024/25) Page 19
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APPENDIX A 1 MORAY COUNCIL WORKFORCE AND ORGANISATIONAL DEVELOPMENT STRATEGY (2024-2027) Item 6. Page 21
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APPENDIX A 2 CONTENTS Section Page 1 Introduction 3 2 Corporate Vision 3 3 Context 4 3 Priorities for 2024-27 5 5 Plans 8 6 Resources 8 7 Review 9 8 Action Plan 9 Page 22
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APPENDIX A 3 MORAY COUNCIL WORKFORCE & ORGANISATIONAL DEVELOPMENT STRATEGY (2024-2027) 1 Introduction The purpose of the workforce and organisational development strategy is to help the council develop and maintain a skilled, motivated and flexible workforce and to adapt as an organisation to be able to deliver sustainable services to the community that make a difference, address inequality and are fit for purpose. Moray Council aims to manage the workforce effectively and in alignment with the corporate and financial planning processes to ensure that the Council has the workforce it requires with the right skills, deployed and managed where and when required. The broad aims of the strategy and plan are to: - Provide clear leadership, direction and model behaviours to foster a positive and respectful workplace - Maximise our capacity and performance e.g. ensuring we recruit skilled experienced people and developing our workforce to adapt to future requirements - Enhance employee experience and wellbeing by continually improving our culture and engagement 2 Corporate Vision The council’s vision within the Corporate Plan is for a Moray where people prosper, free from poverty and inequality so that: • Our young people grow up safe, well-educated and reach their full potential • People lead healthy lives and have access to quality care when they need it • Our businesses and communities prosper • Our natural environment thrives for the betterment of all Our organisational values define who we are and how we deal with the community, partners, and staff: • Fair – tackling inequalities, treating people fairly, promoting equalities and awareness and considering our impact on others • Ambitious – outward looking, promoting and celebrating Moray, being a great place to work and ensuring sustainable and efficient council services • Improving – driving improvement, encouraging innovation, taking commercial opportunities and investing in transforming to meet future needs • Responsive – open and transparent, promoting community participation and involvement, listening to and involving our communities Our priorities are tackling poverty and inequality, building a stronger, greener, vibrant economy and building thriving, resilient and empowered communities. Page 23
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APPENDIX A 4 3 Context National – recruitment challenges across professions such as Teaching, Social Care and specialist professional posts have an impact on the availability of skilled and experienced candidates locally. The flexibilities from hybrid and remote working that has increased as a response to the COVID-19 pandemic have also depleted the local pool of candidates for a range of posts including ICT, Communications and Finance. Local – despite the presence of two military bases and public sector organisations, Moray is described as a low wage economy with a higher than national average number of older people. There is a pattern of young people either leaving the area for higher education and not returning or leaving school to enter local employment in the low wage industries such as retail, farming or agriculture. Council - with a higher than national average proportion of older citizens and a high number of young people leaving the area the main challenges to be addressed are boosting the number of younger people who work for the Council and ensuring the capacity to recruit for key areas of service delivery such as within Social Care, Social Work, some promoted and subject specialist areas of Teaching and a range of specialist professional posts, ensuring sustainable and efficient service delivery while meeting increasing demands on services. Service specific - issues arising from the annual workforce planning process identify common themes as a requirement for management and leadership development activity, effective communication and engagement, particularly during periods of change, ensuring employees are empowered and enabled to embrace change and ensuring the employment package is attractive. In addition, the Council has been addressing the Best Value scrutiny challenges. This work has recently culminated in a consolidated Best Value Action Plan that sets out a comprehensive plan of actions that require to be progressed at pace. These include progress on development of a leadership development programme to make sure corporate and individual leadership needs are supported so that the Council has the capacity to lead the organisation through the changes that are required and ensuring equalities training is provided. Pressures and priorities for services such as increased demand, reducing budgets and having to find new ways to meet current and new areas of need mean having to prioritise what and how services are delivered. At an organisational level, this requires increased pace and depth of transformational change, reshaping to the council of the future, changes to ways of working and finding ways to become more sustainable. To address this the Council has a newly agreed Transformation Strategy that sets out a series of current projects that are currently progressing as well as identifying scope for further transformation and innovation to inform the next stages. As these progress, analysis will inform the workforce planning requirements required to support the transformation projects and overall direction and pace. This means there is a requirement for strong leadership to provide vision and direction, workforce development to prepare for and deliver transformation and change and ensuring the council can recruit and retain the right people to take this work forward. Page 24
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APPENDIX A 5 A short life Workforce Working Group has also been established to consider workforce information which supports the Elected Members and officers to address issues and take assurance or otherwise of progress being made in the development of the culture the Council wishes to promote. The Group identified the following themes for consideration for inclusion in the Workforce Plan: a. Apprenticeships, young workforce; b. Developing the workforce, career progression, skills development – with a view to assisting with recruitment and contributing to a positive culture; c. Recruitment – addressing the range of challenges across services and jobs; d. Readiness for change – ensuring the workforce culture and skills are in place to enable and support change; e. Absences – noted increasing trend of absence rates and need to tackle from health and well-being and financial perspectives; f. Leadership development (noted as being in Best Value Action Plan). 4 Priorities for 2024-2027 Transformational change, strong leadership and workforce development take time to deliver. Operating with leaner structures and reduced capacity suggests an effective approach is to empower people within and across services. This requires a clear vision, purpose and direction, set through strong visible leadership with supporting systems and infrastructure that provide a framework of guidance and support to help foster a culture of initiative and innovation which ultimately will enable the development of flexibility and adaptability within teams and across services. Developing leadership skills and capacity is therefore a key priority to ensure a strategic approach to creating an environment that encourages transformation, effective communication and engagement, improved performance across services and encouraging collaboration and partnership working. Enhancing workforce flexibility and adaptability to be able to meet the council’s future requirements will remain a major theme for the foreseeable future. This is likely to also be tailored to service specific requirements such as having a needs led and people focused approach in health and social care and a customer focus for front line operational teams. Recruitment challenges include increased turnover, fewer suitably qualified and experienced applicants applying for council jobs, issues recruiting in specific areas such as craft and fleet services, social work, social care and some teaching posts and demand anticipated to increase in sectors such as social care and social work, specialist and senior posts. In addition to this, the increased flexible and remote working opportunities available generally has impacted on recruitment to posts for which job holders previously would have had to be located in Moray, further depleting the pool of potential candidates. There is the capacity to mitigate this impact in terms of attracting people living elsewhere to work remotely for the Council, however there are specific consequences to this which would have to be carefully balanced and considered. While this is a pattern that is evident nationally and at least in part relates to a shortage of supply, the situation is exacerbated by Moray’s remote geography and the size and scale of some of our services. The Council will continue to identify ways to nurture and develop talent to meet future demand including Page 25
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APPENDIX A 6 encouraging the use of traineeships and apprenticeships where sustainable and will meet a recruitment gap and to promote developing the workforce, career progression and skills development with a view to assisting with recruitment and contributing to a positive culture. Underpinning all of the above is the requirement to ensure staff health, safety and wellbeing for a safe, healthy and resilient workforce. Post-pandemic has seen an increasing trend of sickness absence which has a cost in terms of both health and well-being as well as financial and operational service delivery and progress of agreed programmes of work. The main workforce priorities for this plan therefore are: • Developing Leadership Capacity • Workforce Planning and Change • Workforce and Organisational Development • Recruitment and Retention • Health and Wellbeing Developing Leadership Capacity: prepare and develop strong and visible current and future leaders to provide the strategic and organisational capacity to develop the agenda for and direction of the organisation. Long term constraints on public spending continue to require innovative approaches to services with a focus on preventative spending through early proactive interventions. Partnership and joint working is increasingly important as part of this agenda to ensure that services respond to local needs in a cohesive manner. Project management and the development of the ‘soft skills’ required to create an environment of change and transformation are also key. Leadership and management skills and capacity are a key priority to enable the culture of the organisation to adapt and change to meet the challenges of changing service delivery particularly within the context of reduced budgets. Developing our leaders to have the skills, influence and impact to lead the organisation through the next phase of transformation and change will require new approaches, skills and strengths. To address these issues we will: Establish a leadership development programme to address corporate and individual leadership needs including collaborative and distributed leadership Develop collaborative leadership skills required to support transformation Cascade a programme of leadership development activity that enables and empowers strong visible leadership across the organisation Workforce Planning and Change: manage the contraction and re-shaping of the Council workforce to achieve a sustainable skilled and motivated workforce for the future aligned to the Council’s priorities. Funding arrangements and the cumulative effect of ongoing annual savings to support future sustainability mean that the impact of this is likely to be on particular services more than others. Transform is the Council’s approach to managing change to reshape the Page 26
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APPENDIX A 7 workforce to achieve a reduction in the pay bill and number of people employed and to minimise compulsory redundancies, providing security of employment as far as possible. To manage workforce change we will: Continue with the Transform approach (and relevant change management procedures for teaching staff) to manage workforce changes Manage employee relations and consultation comprehensively and sensitively in relation to workforce change Workforce and Organisational Development: ensure that employees are empowered and enabled to embrace and be prepared for change through encouraging flexibility and adaptability as new ways of working are brought in and roles develop and change as a result of service delivery changes. To address these issues we will: Develop, implement and review initiatives to create a culture where employees are prepared for and embrace change Support employees to adapt to new ways of working that will make the council more efficient and provide improved levels of service to customers including improving and embedding digital skills and competence Review Management Appraisal Framework Recruitment and Retention: ensure that Council services are well-resourced by making the Moray employment package as attractive as possible and deploying recruitment strategies tailored to local requirements. Analysis of recruitment difficulties being experienced by the Council indicates that the underlying reasons can generally be grouped as follows: • Qualifications - insufficient or no qualified candidates (for professional posts) • Experience - qualified candidates but no experience (for professional senior or management posts) • Market Forces - candidate pool available but turning down jobs as able to earn more working in other local sectors e.g. retail, construction, oil and gas • Visibility – lack of visibility of council jobs if not looking on My Job Scotland In addition to this the expansion of remote / flexible working has opened up opportunities for jobs further afield which has increased the competition for high calibre candidates locally. There also remain residual issues across a range of services, including promoted posts, some secondary teaching and promoted posts, specialist professional posts, social work and fleet. Within Education, while there are constraints in part due to a national supply shortage, there is added complexity from the rural nature of Moray and our small schools, which attract lower salaries for promoted posts. More broadly, there are national shortages of Social Workers, Environmental Health Officers, Trading Standards Officers as well as local skills shortages in fleet services. To address these issues we will: Page 27
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APPENDIX A 8 Refresh and promote the profile of Moray Council as an employer of choice to promote employment opportunities and benefits of employment with the Council and living in Moray linking with local economic partnership initiatives where possible Establish clear pathways for support, training and experience for professional development for professional and specialist posts (grow your own) Develop trainee and apprenticeship programmes where these are considered a viable solution to areas with recruitment challenges Develop an approach to succession planning that builds internal capacity whilst ensuring equal opportunity Health and Well-being: pro-actively support the health and well-being of employees. It is important that employees are supported to attend work and managers supported to proactively manage sickness absence. The main causes of absence in the Council are mental health and musculo-skeletal disorders. Targeted action is taken in areas where absence is highest with specific attention paid to services with a direct replacement cost (i.e. Teachers, Social Care). The Annual Health and Safety report identifies a continuing issue with increasing numbers of incidents of violence and aggression within schools. Work to address this is underway as part of the Additional Support Needs Review. To address these issues we will: Seek to increase awareness and understanding of mental health and the impact on sickness absence Review proactive measures that may reduce sickness absence rates including viability of day one absence reporting solution Review operational implementation of the absence management policy and procedures to ensure efficient and effective deployment Provide support for reducing incidents of violence and aggression in schools as set out in the agreed Additional Support Needs action plan and joint working group 5 Plans The delivery of this strategy is set out in more detail in the Corporate Workforce Plan. As circumstances develop throughout the period of the strategy, the management of the workforce will adapt to address issues as they emerge. Workforce planning requires a long- term approach and so in a number of areas work will build from research and projects carried out under previous workforce plans. 6 Resources Reducing resources continue to be stretched within the HR and OD services and while this strategy recognises the workforce issues and sets direction, a more stringent degree of prioritisation is required as it is not possible to take all of the actions forward. 7 Review Page 28
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APPENDIX A 9 Monitoring and review will take place through the agreed performance management framework as well as to the Personnel Forum and the Central Management Team with 6 monthly updates which will highlight any workforce plan adjustments required related to the budget and corporate financial planning. The workforce plan will be an evolving document that is modified to respond to issues as they arise specifically including continuous improvement in key areas and ensuring there is a focus on delivery of priority outcomes. There will be a formal annual review of the plan and strategy which will include input from the Trades Union / Officer Group and Local Negotiating Committee for Teachers. CORPORATE WORKFORCE PLAN 2024-25 Priority Rating: 1 – critical in terms of scale of impact and/or to success of other actions 2 – wide scale impact and/or supports achievement of other outcomes 3 – clear benefits but importance may be outweighed by other actions 4 – ongoing area of work where further development is not required at this stage BV – Best Value Action SP – Service Plan Action ACTION REQUIRED PLANNED OUTCOME Completion TIME-SCALE Lead Officer *Key at end Priority Rating Developing Leadership Capacity: prepare and develop strong and visible current and future leaders to provide the strategic and organisational capacity to develop the agenda for and direction of the organisation 1. Develop and implement redesigned leadership development to ensure it develops the skills and behaviours necessary for leadership of the corporate and strategic direction required for transformation (BV 1.3 & SP) Leaders are developed to lead the response to the challenging agenda, the Council is prepared for the future and makes sustained progress in its improvement and transformation work Leadership development programme implemented that addresses corporate and individual leadership needs Culture of transformation and change, innovation and strategic decision making enabled Measures: Leadership development courses in place for corporate and Education environments 80% Senior and service managers and Head Teachers have attended leadership development training Improvements in awareness of key learning points: Skills analysis survey developed developed and implemented: Dec 2024 H/HR, ICT & OD, ODM 1 Page 29
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APPENDIX A 10 ACTION REQUIRED PLANNED OUTCOME Completion TIME-SCALE Lead Officer *Key at end Priority Rating Year 1 - baseline established Year 2 – 10% improvement in Year 10% improved employee survey results 2. Provide targeted management and supervisory development that is responsive, empowers employees and addresses pressures in the system Managers and supervisors are developed to lead challenging agenda, empower and enable teams and individuals to foster innovation and create flexibility and adaptability to embrace change and transformation. 1. Targeted interventions and approaches designed to address areas of pressure 2. Responsive and empowered managers developed to cascade responsive and empowered approach to teams 3. Culture of transformation, innovation and collaborative working fostered across services Measures: Training delivered to 75% of managers 5% point improvement to people management questions in employee survey Uptake of management development activity monitored including service specific (e.g. Moray Management Methods training, Standards for Headship and Middle Leaders for Education): Year 1: baseline established Year 2: 5% increase Year 3: 2.5% increase Mar 2025 ODM 2 Workforce Planning and Change: manage the contraction and re-shaping of the Council workforce to achieve a sustainable skilled and motivated workforce for the future aligned to the Council’s priorities Transformation and change: Transform approach used to align workforce Workforce change is managed in a structured and consistent way and achieves the desired change, reducing headcount where necessary in accordance with agreed policy and procedure and in line with the current As required HRM / ODM 4 Page 30
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APPENDIX A 11 ACTION REQUIRED PLANNED OUTCOME Completion TIME-SCALE Lead Officer *Key at end Priority Rating implications of change with relevant solutions deployed Continue to actively manage vacancies to prepare for future changes (SP) No Compulsory Redundancy principle Measures: Reduction in headcount Number of departures under voluntary schemes balancing cost and organisational requirements Number of redeployments Number of supernumerary employees Number of compulsory redundancies Manage employee relations and consultation comprehensively and sensitively in relation to workforce changes Employee relations aspects of managing change at service and corporate level undertaken effectively and in good time Measures: Workforce changes completed in accordance with agreed policy and procedure Change management evaluation survey implemented for each change management exercise 75% of evaluation feedback positive As required H/HR&ICT/HRM 4 Workforce and Organisational Development: ensure that employees are empowered and enabled to embrace and be prepared for change through encouraging flexibility and adaptability as new ways of working are brought in and roles develop and change as a result of service delivery changes 1. Ensure workforce is empowered and enabled to embrace and be prepared for change (SP) Workforce is prepared for and embraces change, with flexibility to adapt and develop to future requirements Measures: 10% point improvement in employee survey questions on change Mar 2025 ODM 1 2. Review Management Appraisal Framework Management Appraisal Framework to be reviewed to reflect current and future requirements of managers and ensure optimum performance management and ongoing development Measure: Above produced, implemented and positive feedback received Oct 2025 ODM 3 Page 31
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APPENDIX A 12 ACTION REQUIRED PLANNED OUTCOME Completion TIME-SCALE Lead Officer *Key at end Priority Rating Recruitment and Retention: ensure that Council services are well-resourced by making the Moray employment package as attractive as possible and deploying recruitment strategies tailored to local requirements 1. Review and refresh recruitment and retention activities to deploy appropriate recruitment strategies that promote employment opportunities and raise the profile of Moray Council as an employer of choice including pathways for development for internal candidates and youth employment (SP) Recruitment attracts high calibre candidates and council services are well- resourced Key corporate priorities and resources are appropriately resourced to ensure completion and achievement of objectives and outcomes Un-resourced areas are flagged for consideration with risks and issues noted Measures: 10% reduction in repeat adverts 5% increase in number of young people employed 1% reduction in turnover Measure established for time taken from advert to first day of employment Positive feedback from managers through Personnel Forum Mar 2025 HRM 1 2. Succession Planning: Approach developed that builds internal capacity and contributes to a positive culture (SP) To build internal capacity through workforce development, career progression and skills development whilst ensuring equal opportunity so that internal candidates are enabled to put themselves forwards for development opportunities that provide the required experience and skill set to apply for alternative or promoted positions. Measures: Measures for number of internal applicants developed: Year 1 – measure/baseline established Year 2 – 5% increase in volume of internal applicants Year 3 – 2.5% increase 5% increase in number of career progression opportunities Mar 2025 ODM 2 Health and Well-being: pro-actively support the health and well-being of employees Page 32
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APPENDIX A 13 ACTION REQUIRED PLANNED OUTCOME Completion TIME-SCALE Lead Officer *Key at end Priority Rating 1. Support the implementation of the Council’s Health and Work policy in order to deliver ongoing improvements in absence levels with focus on proactive support for attendance and wellbeing including review of Day One notification for focus on short term absence and revised operational implementation of absence management procedures by managers (SP) Absence is managed effectively and levels of absence are reduced efficiently and timeously to achieve a sustained reduction in absence levels as measured through the Local Government Benchmarking Framework PIs. To improve the awareness of and management of mental health (as a main cause of absence) within the workforce. To instigate proactive measures to promote health and well-being as preventative measures Measures: 5% increase in number of managers and employees trained in Mental Health Awareness 0.25 day per fte reduction in sickness absence levels per annum 0.25 day per fte reduction in absence due to mental health and wellbeing reasons per annum 5% reduction in costs of absence Time taken to manage absence baselined and monitored for improvement (reduction) 5% point improvement for relevant survey results Positive anecdotal feedback from trade unions, managers and workforce Mar 2025 H/HR, HRM, ODM 2 2. Provide support for reducing incidents of violence and aggression in schools as set out in the agreed ASN action plan, working collaboratively with Trades Unions to identify specific actions to help Measures are developed and deployed that support school-based staff to feel safe at work and equipped to manage challenging behaviour appropriately: Measures developed Measures deployed Measures: 5% reduction in numbers of incidents of V&A in schools 5% reduction in levels of sickness absence due to incidents of challenging Oct 2024 Jan 2025 HRM/ODM 1 Page 33
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APPENDIX A 14 ACTION REQUIRED PLANNED OUTCOME Completion TIME-SCALE Lead Officer *Key at end Priority Rating address short term absence behaviour. * Lead Officer Key: H/HR, ICT & OD Head of Human Resources, Information & Communication Technology & Organisational Development HRM Human Resources Manager ODM Organisational Development Manager Page 34
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: INFORMATION GOVERNANCE ANNUAL REPORT 2023/24 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 2023/24. 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 2023/24 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 small when benchmarked against other local authorities. Item 7. Page 35
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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 REPOERT APRIL 2023 - MARCH 2024 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. The Council has Data Sharing or Data Processing Agreements (DSA/DPA) with external parties, and, Privacy Notices are published to inform data subjects how their personal data is processed. Furthermore the Council has 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. 4.2 134 DPIAs were reviewed in 2023/24, with all but 2 approved. 20 new or updated Privacy Notices have been added to the Council’s website. 23 agreements, such as DSA and DPAs, were signed. 4.3 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. 135 data breaches were reported and internally recorded, 4 more than the previous year. Lessons are learnt from all breaches reported, in the anticipation this will avoid more serious breaches. Due to their severity 3 breaches were reported to the regulatory body for data protection, the Information Commissioner’s Office (ICO), this is an increase from 2022/23’s 2 ICO reported breaches. In these 3 cases the ICO was pleased to hear that the Council had acted swiftly, limited the harm caused and mitigated potential risks. The ICO highlighted specific guidance to the Council in order to prevent further or similar breaches. All 3 cases are closed. Records Management 4.4 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) with a final response expected Summer 2024. NRS’s primary concerns are: • Resourcing levels. • 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 it was not rolled out across the whole Council and M365 is not implemented to the level required. Page 36
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4.5 Council closed records are currently split over 3 Closed Records Stores (CRS). Over 1000 new boxes were accessioned into the stores, whilst approximately a quarter of that amount were securely destroyed. There have been discussions with Property Services regarding finding suitable long term locations for the CRS. Access to Information Requests 4.6 1334 Freedom of Information (FOI) and 38 Environmental Information Requests (EIRs) were received. The majority of these are proactively published on the Council’s website and stats provided to the Scottish Information Commissioner’s Office. 95% of FOIs and 89% of EIRs were dealt with within statutory time limits, a 7% and 8% increase on 2023/24’s response rates. 4.7 94 Subject Access Requests (SARs) were received, with 96.9% of these responded to within the statutory timescales. The ICO is concerned that Scottish Councils are currently not meeting the statutory timeframes for the completion of SARs and have been asking for quarterly statistics. Due to the Council’s improvements (e.g. Q4 2022/23: 80% completed on time vs Q4 2023/24: 100%) the ICO’s demand for quarterly stats has reduced with statistics now to be submitted every 6 months. 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 small 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 Page 37
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(g) Equalities/Socio Economic Impact None (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. 6. CONCLUSION 6.1 The Information Governance Report summarises progress made during 2023/24. It shows areas of progress and good performance whilst also identifying risks and areas for further improvement. Author of Report: Alison Morris, Information Governance Manager & DPO Background Papers: Appendix 1: Annual Information Governance Report 2023- 2024 Ref: Page 38
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: TRUST FUNDS – SUMMARY EXPENDITURE FOR 2023/24 AND ESTIMATED DISPOSABLE INCOME FOR 2024/25 BY: DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND FINANCE) 1. REASON FOR REPORT 1.1 To inform Members of the disbursements made from Trusts in 2023/24 and the estimated disposable income available for disbursement in 2024/25. 1.2 This report is submitted to Committee in terms of Section III B (16) of the Council's Scheme of Administration relating to the Management and Investment of any funds including Common Good and Trust Funds. 2. RECOMMENDATION 2.1 The Committee is asked to: (i) note the disbursements made from each of the Trust Funds in 2023/24, shown in APPENDIX 1; and (ii) agree the estimated income available for disbursement in 2024/25, shown in APPENDIX 2 3. BACKGROUND 3.1 The Council administers 37 trust funds in total, acting as sole trustee for 33 trusts and as one of several trustees for the other four trust funds. The trust funds represent legacies bestowed by various individuals and organisations for the benefit of the community or organisations within Moray. 3.2 Moray Council acts as sole trustee for 8 Connected Charity trust funds which have charitable status and are registered with the Office of the Scottish Charity Regulator (OSCR). The Council are one of several trustees for one other OSCR registered trust fund. The remaining 28 trusts are unregistered with Moray Council being sole trustee for 25 of these and one of several trustees for the other three. 3.3 Since 2013/14, the Registered Charitable Trusts require to be audited by an external auditor who is appointed by the Accounts Commission, currently Item 8. Page 39
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Grant Thornton. This only applies to any Charitable Trust for whom the Council is the sole trustee. Any Charitable Trust for whom the Council is not the sole trustee requires to be examined by an Independent Examiner; Azets (previously Scott-Moncrieff) has been appointed as Independent Examiner for the Auchernack Trust. 3.4 Policy and Resources Committee on 2 September 2008 (paragraph 11 of the Minute refers) agreed to only disburse grants from trusts where the disposable income is greater than £50 and to carry forward undistributed funds each year until the disposable income reaches £50. Policy and Resources Committee on 8 October 2013 (paragraph 8 of the Minute refers) agreed that the whole annual income of the trust will be made available for disbursement in accordance with the trust deed (prior to this one third of the income was reinvested) although the policy not to disburse any Trust Fund with disposable income under £50 remains. 4. DISBURSEMENTS IN 2023/24 4.1 APPENDIX 1 gives details of the disposable income and disbursements made during 2023/24 from each trust fund. 4.2 In total, £88,164 was awarded in the year from thirteen of the trust funds. Disbursements included £58,616 from the Education trusts, Moray & Nairn, Banffshire, Donald Manson Fund and the Milne’s Institution Trust; £15,920 from the Auchernack trust; £3,791 from The Moray Council Charitable Trust; £4,177 from the Logie Cottages Trust and £1,584 from The MacDonald Benevolent Fund. A further £4,076 was awarded from other Trusts. 4.3 Logie Cottages was sold in 2020, generating a receipt of £102,100. A loan of £10,499.56 provided by the Housing Revenue Account (HRA) to cover essential repairs to the property was repaid, leaving a total sum of £91,600.44 available for Members to distribute. It was agreed at the meeting of Economic Growth, Housing and Environmental Sustainability Committee on 1 December 2020 (Paragraph 22 of the Minute refers) that in principle, the money generated from the sale be used for the attainment of pupils at Forres Academy whilst respecting the original aims of the Trust as much as practicable. The current available balance in reserves at 31 March 2024 is £85,206 and there is discretion for disbursals from this. 4.4 In Appendix 2 not all trusts with undisbursed income in 2023/24 have a balance brought forward in that column, because any undisbursed funds are added back to reserves and the projected income calculation for the coming year includes this balance. 5. 2024/25 DISPOSABLE INCOME 5.1 APPENDIX 2 shows the estimated disposable income for each trust fund in 2024/25. The estimated income figure is calculated to assist Local Members’ decision making when awarding funds. The figures are only there as a guide. The total projected funds available for disbursement in 2024/25 is £222,085. Of this, £2,045 is undisbursed from 2023/24. There is £6,679 of committed expenditure; £3,294 from disbursements agreed to be made from the Page 40
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Auchernack Trust as agreed at their meeting on 20 May 2024, £2,500 from the Boyd Anderson Trust and £885 from the MacDonald Benevolent Fund. 5.2 The reorganisation has reduced the number of trusts that have either nil or less than £50 disposable income, ensuring that as much income as possible from the trust funds can be passed on to beneficiaries as efficiently as possible. There are still some trusts that have loans pool balances invested in the Council’s Loans Fund, and they earn annual interest on this balance, however a share of administration costs is also allocated to these trusts and this then reduces the available income to below the £50 threshold. 5.3 The interest on balances held in the Council’s bank for 2024/25 has been calculated using the two year fixed PWLB rate as at 1 April 2024 of 5.41% (2023/24 2.35%). 5.4 The estimated administration charge to be allocated over all trusts in 2024/25 is £19,940 (actual 2023/24 £18,990). 6. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Although there is no direct link to the Moray 2026 Corporate Plan, any further reorganisation of the Trusts will result in efficiencies within the Trust funds. (b) Policy and Legal The Council’s adoption of the policy of disbursing the whole annual income maximises funds available for disbursement. (c) Financial implications In 2023/24 there was £139,897 of funds available for disbursement with £88,164 disbursed in the year from thirteen of the trust funds, as identified in APPENDIX 1. APPENDIX 2 shows the estimated disposable income for each trust fund in 2024/25. The total projected funds available for disbursement in 2024/25, plus carry forwards of undisbursed income from 2023/24, is £222,085 for trusts with available income over the minimum £50 level. The carry forward from the three trusts in APPENDIX 2 is permitted through the deeds of the trust, allowing a carry forward of any unspent funds into the following year. The amount committed to date is £6,679 as shown in APPENDIX 2. (d) Risk Implications There is a risk of overspends exceeding disposable income if any unforeseen emergency major repairs are required for properties owned by Trust Funds. Close monitoring of costs and the condition of properties will be undertaken by officers in order to mitigate this risk. Page 41
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(e) Staffing Implications There are no staffing implications arising from this report. (f) Property The condition of all Trust Fund properties will be monitored in order to keep reactive repairs to a minimum. (g) Equalities/Socio Economic Impact There are no equalities issues arising directly from this report. (h) Climate Change and Biodiversity Impacts There are no Climate Change or Biodiversity impacts arising from this report. (i) Consultations Local Members are consulted on discretionary disbursements particular to their ward. 7. CONCLUSION 7.1 Details of disbursements for 2023/24 for each Trust Fund are detailed in APPENDIX 1 and the estimated income available for disbursement for each Trust Fund for 2024/25 is shown in APPENDIX 2. Author of Report: Audrey Boyd, Accountant Background Papers: Ref: SPMAN-1293228629-1147 Page 42
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APPENDIX 1 Trust Funds Disbursements 2023/24 APPENDIX 1 Ward TRUST FUND Total Actual Available for Disbursement Disbursement 2023/24 2023/24 £ £ All Burial Grounds PERPS 605 605 All JB Mair Fund 834 All Burial Grounds TRUSTS 160 160 All The Moray Council Charitable Trust 4,434 3,791 Elgin North Craigmoray Bequest(Bishopmill) 12,834 Elgin North John Pringle Bequest 1,299 Elgin South/North Laing Mortification 7,465 Elgin South/North Young 189 Fochabers Lhanbryde Milne's Institution Trust 8,694 8,694 Forres Auchernack 22,093 15,920 Forres Donald Manson (Edinkillie) Fund 11,531 11,531 Forres Donald Manson (Forres Burgh) Fund 2,919 2,919 Forres Logie Cottages, Forres 1,999 4,177 Heldon & Laich Boyd Anderson Trust 664 Keith & Cullen Glenisla Comforts Fund 4,602 Keith & Cullen William Lawtie 3,383 1,509 Old Banffshire Boundary Banffshire Educational Trust 21,355 19,671 Old Moray Boundary Moray & Nairn Educational 15,123 15,801 Old Moray Boundary The Pringle Trust 2,275 1,802 Public Trust River Lossie 6,883 Public Trust Grant Park 951 Public Trust Cooper Park 560 Speyside Glenlivet The MacDonald Benevolent Fund 6,994 1,584 Speyside Glenlivet Speyside Comforts Fund 2,051 TOTAL 139,897 88,164 Trusts with Disposable Income under £50 Ward TRUST FUND Total Actual Available for Disbursement Disbursement 2023/24 2023/24 £ £ Elgin South/North Young - - Elgin Jubilee Cottages - - Elgin Ladyhill Cottages - - Forres Castlehill Trust - - Forres Grant Park Trust - - Keith & Cullen Keith Poor Funds - - Speyside Glenlivet Dufftown Food - - TOTAL - - Item 8. Page 43
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APPENDIX 2 Trust Funds Projected Disbursement 2024/25 APPENDIX 2 Ward TRUST FUND Projected Undisbursed Total Committed Disposable Income Available for Expenditure Income Disbursement 2024/25 2023/24 2024/25 2024/25 £ £ £ £ All Burial Grounds PERPS 1,471 - 1,471 - All JB Mair Fund 1,227 - 1,227 - All Burial Grounds TRUSTS 442 - 442 - All The Moray Council Charitable Trust * 12,474 - 12,474 - Elgin North Craigmoray Bequest(Bishopmill) 19,765 - 19,765 - Elgin North John Pringle Bequest 3,192 1,299 4,491 - Elgin South/North Laing Mortification 17,726 - 17,726 - Elgin South/North Young * 647 - 647 - Fochabers Lhanbryde Milne's Institution Trust 9,075 - 9,075 - Forres Auchernack ** 28,369 - 28,369 3,294 Forres Donald Manson (Edinkillie) Fund 12,307 - 12,307 - Forres Donald Manson (Forres Burgh) Fund 3,329 - 3,329 - Forres Logie Cottages, Forres 4,578 4,578 - Heldon & Laich Boyd Anderson Trust * 1,771 - 1,771 2,500 Keith & Cullen Glenisla Comforts Fund 6,552 - 6,552 - Keith & Cullen William Lawtie 7,132 - 7,132 - Old Banffshire Boundary Banffshire Educational Trust 26,418 1,683 28,101 - Old Moray Boundary Moray & Nairn Educational * 17,289 362 17,651 - Old Moray Boundary The Pringle Trust 5,397 - 5,397 - Public Trust River Lossie 9,005 - 9,005 - Public Trust Grant Park 6,040 - 6,040 - Public Trust Cooper Park 7,976 - 7,976 - Public Trust Forres Squash Courts 684 - 684 - Speyside Glenlivet The MacDonald Benevolent Fund 14,314 - 14,314 885 Speyside Glenlivet Speyside Comforts Fund 2,860 - 2,860 - TOTAL 220,040 3,344 223,384 6,679 Trusts with Disposable Income under £50 Ward TRUST FUND Projected Undisbursed Total Committed Disposable Income Available for Expenditure Income Disbursement 2023/24 2022/23 2023/24 2023/24 £ £ £ £ Elgin Jubilee Cottages - - - - Elgin Ladyhill Cottages - - - - Forres Castlehill Trust * - - - - Forres Grant Park Trust * - - - - Keith & Cullen Keith Poor Funds * - - - - Speyside Glenlivet Dufftown Food * - - - - TOTAL - - - - * To be audited by Grant Thornton ** To be audited by Azets Item 8. Page 45
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: CAPITAL PLAN 2024/2025 BY: DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND FINANCE) 1. REASON FOR REPORT 1.1 To inform the Committee of expenditure to 30 June 2024 under the capital plan for financial year 2024/25 and of estimates of projected expenditure profiled into quarters. 1.2 This report is submitted to committee in terms of Section III (B) (9) of the Council’s Scheme of Administration relating to the formulation, implementation and review of asset management policies and practices, and to the maintenance of an overview of the Council’s property disposal programme. 2. RECOMMENDATION 2.1 It is recommended that the Committee: (i) considers and notes expenditure to 30 June 2024 of £3,342,000, as set out in APPENDIX 1; (ii) considers and notes the projected overall expenditure for projects spanning more than one financial year, as set out in APPENDIX 2; (iii) approves further amendments of £3,047,000 for 2024/25 and £110,000 for 2025/26 to the capital plan as detailed in section 5; and; (iv) considers and notes progress on the review of surplus assets following an update to various refugee and resettlement programmes. 3. BACKGROUND 3.1 The capital plan for 2024/25 totalling £49,962,000 was approved by Moray Council on 24 January 2024 (paragraph 11 of the Minute refers). The Council approved carried forward budget and reprofiling amendments to future years of £13,638,000 on 26 June 2024 (paragraph 13 of the Minute refers). The Item 9. Page 47
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results of these amendments are a total capital plan for 2024/25 of £37,132,000. 3.2 The 2024/25 Capital Plan includes a £9,000,000 slippage factor, a reduction in budget of roughly 15%. This is a precursor to an overall capital spend cap which will be introduced into future capital plans. 4. CAPITAL PLAN 2024/2025 4.1 A copy of the summary capital plan is included as APPENDIX 1 showing actual expenditure to 30 June 2024 of £3,325,000. This is 9% of the currently approved Capital Plan. Spend has been offset by income from General Capital Grant of £1,836,000 from the Scottish Government; Developer Contributions of £617,000; and other grants and contributions of £108,000. The balance of spend is to be covered by external borrowing. 4.2 Expenditure on land and buildings to 30 June 2024 totals £698,000. Spend of £398,000 was attributable to the learning estate with the majority being through the BB Programme. A further £263,000 was spent on delivering grant funded economic development projects – Just Transition Fund (£170,000), Nature Restoration Fund (£51,000) and Town Centre Improvement Fund (£40,000). The balance of £37,000 was for other various projects, none of which exceeded £25,000. 4.3 Expenditure on infrastructure assets to 30 June 2024 totals £2,218,000. The most notable expenditure was incurred against harbours (£1,662,000) with £1,164,000 associated with works at Buckie Harbour for rock cutting. Other expenditure was Roads (£226,000); Flood Risk Management & Coastal Protection (£170,000); Street Lighting (£134,000); and Bridges (£25,000). 4.4 Expenditure on vehicles, plant and equipment to 30 June 2024 totals £340,000. The main item of expenditure was £268,000 on the Vehicle & Plant Replacement Programme with the balance associated with ICT spend (£42,000) and other various projects, none of which exceeded £25,000. 4.5 Expenditure associated with the Moray Growth Deal to 30 June 2024 totals £78,000, the majority of this associated with the Cultural Quarter (£56,000) with the remainder for Bus Revolution (£14,000) and EY Stem (£8,000). 5. CAPITAL PLAN AMENDMENTS 5.1 At a special meeting of the Council on 27 March 2024 (paragraph 6 of the Minute refers) it was agreed a further £2,737,000 of capital funding would be made available to fully fund the design and construction of the replacement Cloddach bridge. Although this agreement is contingent on funding from UK Government being given final approval it is recommended this commitment is added to the capital plan for 2024/25 to ensure full visibility. 5.2 Additional grant monies of £300,000 have been received from Scottish Government for Coastal Change Adaption case studies, following a successful bid for funding. It is recommended the monies and associated spend are added to the capital plan for 2024/25 Page 48
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5.3 £122,000 has been received from Scottish Government for the 2024/25 allocation of the Nature Restoration Fund. It is estimated £10,000 of the grant will be spent in 2024/25 with the remaining £110,000 being carried forward into next financial year and recommended that the capital plan for each year is amended accordingly. 5.4 In total, amendments of £3,047,000 for 2024/25 and £110,000 for 2025/26 are being recommended for addition to the capital plan. 6. EMERGING ISSUES 6.1 Following a meeting of the Council on 22 May 2024 where an update was provided on the various schemes to support refugees (paragraph 15 of the Minute refers) it was acknowledged that a number of properties provisionally set aside for these schemes were no longer required. Following a review of these properties (5no. in total) one property has been leased to the Housing Revenue Accounts (HRA) and three properties have been declared surplus, following the Council’s process for declaring properties surplus to operational requirements, with a view to marketing these for sale. The remaining property had already been sold in June. Any receipts received will be used to fund future capital spend. 7. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Effective budget management is an essential component of delivery of Council priorities on a sustainable basis. (b) Policy and Legal There are no policy or legal implications arising directly from this report. (c) Financial implications The financial implications are highlighted within the report and APPENDICES 1 and 2 to the report. (d) Risk Implications Budget managers are aware of their responsibilities for managing budget allocations and approval for variance will be sought from Council in line with the financial regulations. (e) Staffing Implications There are no staffing implications arising directly from this report. (f) Property There are no property implications arising directly from this report. (g) Equalities/Socio Economic Impact There are no equalities issues arising from this report Page 49
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(h) Climate Change and Biodiversity Impacts There are no climate change or biodiversity issues directly arising from this report. (i) Consultations All capital budget managers have been consulted as part of the preparation of this report. All Heads of Service and the Corporate Management Team have been consulted and any comments incorporated in the report. 8. CONCLUSION 8.1 Capital expenditure to the quarter ended 30 June 2024 was £3,342,000. 8.2 Amendments to the capital plan of £3,047,000 for 2024/25 and £110,000 for 2025/26. Author of Report: Jamie Fraser, Senior Accountant Background Papers: Ref: SPMAN-1293228629-1124 Page 50
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Moray Council Capital Programme 2024/25 As at 30 June 2024 Appendix 1 Original Capital Plan 2024/25 Actual Q1 Q2 Q3 Q4 Total Projected Expenditure (Over) / Underspend £000 £000 £000 £000 £000 £000 £000 £000 Land and Buildings Education, Children's and Leisure Services Committee 35,999 400 400 3,373 2,364 8,883 15,015 0 Economic Development and Infrastructure Committee 1,392 290 290 597 480 4,536 5,903 0 Corporate Committee 0 0 0 3,373 2,364 8,883 0 0 Infrastructure Economic Development and Infrastructure Committee 7,586 2,217 2,217 4,402 4,034 8,468 10,555 -468 Vehicles Plant and Equipment Education, Children's and Leisure Services Committee 220 2 2 0 0 0 263 0 Economic Development and Infrastructure Committee 3,433 296 296 0 0 0 4,296 0 Corporate Committee 1,032 42 42 131 150 249 1,203 0 Moray Growth Deal 0 78 78 2,925 2,001 5,038 10,042 0 49,662 3,325 3,326 14,801 11,393 36,057 47,277 -468 Target Funding Prudential Borrowing 41,102 601 35,994 General Capital Grant (exc PSHG and CYPA) 7,959 1,836 9,795 Moray Growth Deal 0 0 0 Other Grants & Contributions 411 271 682 Developers Contributions 35 617 652 Useable capital receipts b/f 0 0 0 Receipts generated in year 155 0 155 49,662 3,325 47,277 Item 9. Page 51
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Major Capital Projects spanning more than 1 financial years (as at 30th June 2024) Appendix 2 Approved budget Total Expenditure in previous years Current budget 24- 25 Actual spend 24- 25 Remaining budget 24- 25 Projected future years budget required Estimated Final Cost Projected Variance £000 £000 £000 £000 £000 £000 £000 £000 Schools Estate BB Programme 91,500 3,999 4,780 315 4,465 82,721 91,500 - Refurbishment and Rebuild 289,684 527 4,184 33 4,151 284,973 289,684 - Universal school meals 654 - 619 - 619 35 654 - Moray Growth Deal Bus Revolution 4,000 1,015 997 - 997 1,988 4,000 - Early Years STEM 4,800 66 2,077 - 2,077 2,657 4,800 - Housing Mix Delivery 7,500 1,385 - - - 6,115 7,500 - Cultural Quarter 23,802 458 2,340 2,340 21,004 23,802 - Business Enterprise Hub 5,000 - 1,550 2 1,548 3,450 5,000 - Moray Aerospace, Advanced technology and Innovation Campus 27,035 - 1,032 1 1,031 26,003 27,035 - Manufacturing Innovation Centre 6,832 - 1,920 - 1,920 4,912 6,832 - Digital Health Innitiative 5,000 3,185 126 0 126 1,689 5,000 - TOTAL 465,807 10,635 19,625 351 19,274 435,547 465,807 - Notes: School Estate Budget is indicitive based on 10 year plan submitted 24 January 2024 Item 9. Page 53
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: REVENUE BUDGET MONITORING TO 30 JUNE 2024 BY: DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND FINANCE) 1. REASON FOR REPORT 1.1 To advise Committee of the revenue budget monitoring position to 30 June 2024. 1.2 This report is submitted to Council in terms of Section III B (10) of the Council's Administrative Scheme relating to monitoring current revenue expenditure against approved budget. . 2. RECOMMENDATION 2.1 It is recommended that Committee considers and notes: (i) the budget monitoring position of £2,263,000 under budget for 2024/25 as at 30 June 2024; (ii) that this position consists of an underspend on Devolved School budgets within Education of £369,000, an underspend of £917,000 on Environmental and Commercial Services, an underspend on Social Care services and Children’s Services delivered on behalf of the Moray Integration Joint Board (MIJB) of £1,375,000 and £103,000 respectively, and overspends in other services of £419,000; (iii) an increase of £1,038,000 in the General Revenue Grant, as detailed in paragraph 3.5; (iv) the emerging budget pressures noted in section 6 for the school catering Fusion app; 2.2 It is recommended that the Council approves: (i) the use of the working ear-marked reserve of £13,000 as detailed in paragraphs 6.1 to 6.2. Item 10. Page 55
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3. BACKGROUND 3.1 When the revenue budget for 2024/25 was approved by Moray Council on 28 February 2024 (paragraph 7 of the minute refers), General Revenue Grant of £215,396,000 was estimated for the year, based on the latest amount notified to the Council and included an increase of £9,167,000 for the transfer of Early Learning and Childcare from specific grant, as well as estimates for further distributions of grant expected during the year. Council Tax receipts of £51,375,000 were anticipated. Budgeted expenditure of £278,794,000 was agreed, and this required projected use of £12,023,000 of the Council’s Ear Marked Reserves to balance the budget. 3.2 In addition to the Council’s core budget, monies allocated to schools through the Devolved School Management (DSM) scheme and not spent are brought forward from previous years. The DSM balance brought forward in 2024/25 is £753,000 (2023/24 £853,000). Unused Pupil Equity Fund of £677,000 received in 2023/24 and £76,000 funding for nursery snacks and fundraising have been carried forward into 2024/25 in accordance with the grant conditions. 3.3 During 2023/24 year end £3,485,000 was transferred to other earmarked reserves to preserve funding for specific projects (including Refugee Resettlement, Whole Family Wellbeing Fund, Employability, Levelling Up). 3.4 On 26 June 2024 Council approved additional expenditure of £192,000 to be funded from the working ear-marked reserve. £77,000 of these adjustments have been posted to departments during quarter 1. 3.5 Additional General Revenue Grant (GRG) of £1.038million was confirmed by the Scottish Government in May 2024 as the Council’s share of additional GRG totalling £62.7million across Scottish Council’s. The funding will be baselined for future years. Further redeterminations of funding have since been announced and will be reflected in the quarter 2 monitoring. 3.6 Reconciliation of the movements in the base budget from that which was approved by the Moray Council on 28 February 2024 is shown in APPENDIX 2 and allocations to departments from the provisions for Inflation and Contingencies, Additional Costs and Savings are listed in APPENDIX 3. 4. BUDGET POSITION 4.1 APPENDIX 1 summarises the current position for each service area, comparing the actual expenditure with the budget to 30 June 2024. 4.2 Overall the budget position at 30 June 2024 is expenditure under budget to date of £2,263,000, 3% of budget to date, including services delivered on behalf of the Moray Integrated Joint Board. 4.3 The principal areas of overspend and underspend across the Council are summarised below. 4.4 Education has a £215,000 under spend to date. Devolved School budgets are underspent by £369,000 at the end of the first quarter; £131,000 in primary Page 56
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schools and £238,000 secondary schools. There is flexibility in DSM budgets to allow for planning for the sessions ahead and where spend is planned on the academic year. Schools and Curriculum Development has a £170,00 over spend to date on central supply costs (maternity and long term sickness cover). Out of Area is over spent by £26,000 as a young person placement has being extended. There are other minor variances, both over and under spends, within central Education budgets. 4.5 Environmental and Commercial Services are reporting a £917,000 underspend to date: Roads Maintenance There is a net underspend of £741,000 within Roads Maintenance revenue budget. The bulk of the revenue maintenance budget is allocated to items such as carriageway repairs/footway repairs/gully cleaning/grass cutting and ditching maintenance and currently totals £305,000 from an available budget of £2,000,000. The spend to date is mainly attributed to reactive small carriageway patching repairs. The actual works completed and works committed, (i.e works identified and waiting to have repairs scheduled and undertaken) currently totals £1,400,000. It is forecast with high confidence that this revenue maintenance budget will be fully spent at end of financial year. This revenue budget also includes the income recharged from carrying out the approved capital maintenance programme. This year has been a challenging programme to complete due to a number of factors, including wintry weather in early Spring which resulted in a delay to the pre patching of roads, which in turn led to the start of the programme being delayed by 3 weeks. In addition, some unplanned plant breakdowns has resulted in delays to the on site operations. Fleet Services Internal recharges are higher than budget by £281,000 due to variations in vehicle hire charges to user departments. Offsetting variances will be reflected in departments budgets (mainly within Environmental and Commercial Services, and Building Services) and budgets are currently being reviewed in order to be updated for next month. Building Cleaning and Catering Underspends on food costs of £36,000 and £7,000 on free sanitary products to date. Parks and Countryside Lands and Parks operational budget is £38,000 underspent including materials and income surplus for recharges to departments and overspends on vehicle hire charges. Burial Grounds has an income shortfall of £55,000 to date on interment fees and sale of lairs. Waste Management Waste has a £138,000 shortfall in Green Waste permit income to date. Sale of wheeled bins and wastepaper income is above budget. Traffic and Transportation An overspend of £41,000 to date is primarily due to shortfall in income across services; car park income £16,000 and Harbours £24,000. An upgrade of 25 Page 57
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car park machines to 4g was a one off additional expense of £17,000 and is listed as a budget pressure below (para 6.4). 4.6 General Services Housing and Property is over spent by £33,000 in total with over and under variances; overspends on corporate buildings repairs and maintenance of £119,000 and schools repairs and maintenance £93,000. Underspends within Homeless temporary accommodation £49,000 and a surplus of Industrial Estate rental income £121,000. 4.7 HR, ICT and Organisation Development is presenting a £53,000 overspend, attributable to ICT hardware and software costs. There is provision in Inflation for contract increases which can fund this contract uplift if required. 4.8 Financial Services is showing a £16,000 overspend. One off fees and expenses within Taxation of £15,000 and postages £33,000 over budget with an underspend to date on the small-scale service development budget (which is yet to be allocated to projects) of £25,000. 4.9 Governance, Strategy and Performance have an overspend of £10,000 which is made up of several variances; overspends on Housing Benefits £40,000 and Discretionary Housing Payments £57,000 along with software costs £21,000 higher than budget. Underspends in Civic Licensing fee income of £82,000 mainly from Short Term Lets and Central Postages £23,000. 4.10 Other expenditure is over budget to date by £307,000 including £41,000 for supernumeracy and voluntary redundancy payments which will be funded from Council Priorities reserve. Additional pension costs were £230,000 (including Strain on the Fund). 4.11 Health & Social Care is reporting an underspend across services during quarter 1 of £1,375,000. The figures included in this report relate purely to the services delivered by Moray Council on behalf of the MIJB. Overspends on budgets include Learning Disability purchasing £552,000, Occupational Therapy equipment £130,000, OP/PSD purchasing £564,000, contracts £35,000 and Drug & Alcohol budgets £4,000. Underspends within Provider services staffing (Care at Home, Day Services and Complex Challenging behaviour) of £502,000, Mental Health £71,000, Integration Fund £14,000 and Strategy and Support budgets £17,000. There are savings identified of £1,300,000 and unallocated funds for New Burdens of £720,000 included in the budget. 4.12 In Children’s Services, there is an underspend of £103,000. Placement Services have an underspend of £77,000 for adoption and fostering fees/allowances, throughcare/aftercare payments and adoption fees to other local authorities. Within Area Teams there is a £29,000 under spend on SDS/direct payments and home to school transport. 4.13 Income budgets across the Council are showing both positive and negative variances and the main variances have been identified in paragraphs 4.1 – 4.10 above. Page 58
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4.14 The position is summarised in the table below: Overspend £000s Underspend £000s Net variance £000s DSM 369 Central supply teachers (170) Roads maintenance 741 Other Environmental & Commercial services 176 Property repairs & maintenance (212) Estates rental income 121 Cost of early retirement (230) Other Council services (net) (10) MIJB 1,478 TOTAL (622) 2,885 2,263 5. BUDGET PRESSURES & ADDITIONS 5.1 Budget pressures recognised when the budget was approved on 28 February 2024 are released when the pressure crystallises to the extent that it can be accurately quantified. Provisions to meet budget pressures and new duties totalling £2,639,000 have been released in quarter 1 and these are itemised in APPENDIX 3. 5.2 Provisions still held centrally at the end of quarter 1 total £9,305,000 and are detailed in APPENDIX 4 and given a RAG assessment for likelihood of requirement. 5.3 One provision is assessed as red, as no longer being required; £30,000 for the Deposit Return Scheme was confirmed in Scottish Parliament to be delayed until October 2025 and this provision will be carried forward into 2025/26. 5.4 Balance of provisions totalling £9,278,000 are assessed as amber, for uncertainty of requirement. These include the school roll numbers which will be drawn down when the new academic year rolls are known in September/October. The balance of £401,000 for ASN Improvement Modernisation Plan provision requires no further funding in the year. Increase in loans charges of £800,000 will be assessed during quarter 2 when looking at Treasury forecasts. Budget provisions for NDR liabilities (£290,000) and Energy Costs £635,000 have not been calculated but will be reviewed and drawn down what is needed. The budget pressure identified at budget setting of £5,000,000 for the Council’s share of a potential MIJB overspend is unknown at this stage and will be closely monitored and reported. 5.5 Seven provisions are classed as green and have been drawn down in full. The increase in Employers contribution to Teacher’s Pensions was slightly over the amount budgeted. 5.6 All other provisions are expected to be required in full at this juncture. Page 59
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6. EMERGING BUDGET PRESSURES 6.1 Emerging budget pressures are noted throughout the year as they are identified. There are three new budget pressures quantified during quarter 1 and explained below. 6.2 The 8 secondary schools have had a cashless catering system in place called Impact for approximately 18 years. The system is for approximately 5,600 secondary pupils and 1,500 educational staff to pay for food without using cash. Parents/Teachers can top up online or the pupils can top up by cash at the school. The current cashless catering software, Impact, now has a short shelf life as the system will no longer be supported from end of 2024. There is also a pre order app from Fusion that was adapted to work within Impact. An upgrade to Fusion will provide a system that will not only interface with the current Ipay system but also the Nutmeg system. (Nutmeg is the nutritional analysis system and labelling system for Natasha’s law that is used by the Catering department.) Additional on-going revenue funding, and one-off capital funding, will be required to transition to Fusion, however the upgrade will allow the Council to react to service changes in a much more timely manner. The Catering service had approval from the Asset Management Working Group to upgrade the Fusion app for school meals this year at a cost of £13,000. The recurring increase in annual licence fee as a result of the upgrade is reported as a budget pressure. 7. SAVINGS 7.1 Savings and increased charges of £9,370,000 were approved when the budget was set. These savings comprised one-off savings of £112,000 and other permanent savings of £8,916,000. The increase in charges per the budget paper was £342,000. 7.2 In addition to the savings approved when the budget was set, additional savings/income of £1,216,000 were carried forward from 2023/24 to be actioned in the current year. Further recurring savings/additional income of £225,000 were approved at Moray Council on 26 June 2024; £75,000 leisure services income and £150,000 energy costs saving (para 14 of the minute refers). These are included on APPENDIX 5. 7.3 Of the original approved savings, a balance of £1,871,000 remains in central provisions as at the end of June. These are detailed in APPENDIX 5 and given a RAG assessment for anticipated achievement. The balance consists of savings not yet posted to services (£2,172,000) less additional savings found in year (£301,000). 7.5 Twenty nine savings with a balance of £3,978,000 are assessed as amber at this stage. Several savings within Environmental and Commercial Services have been delayed and their positions being confirmed. The hiring out of Roads Maintenance machinery is progressing, with orders for plant and vehicles made to suppliers but given lead times delivery is expected to be into the 2025 calendar year. The implementation for the reduction in Building Cleaning across the HQ campus buildings has begun and savings are due to be achieved from 1 August 2024. Savings in Parks and Open Spaces have yet to be taken from departmental budgets for the uplift in burial charges to full Page 60
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cost recovery and recharge for the maintenance of Common Good/Trust land and parks. Fleet have identified externally leased vehicles that can be ended and therefore reduce costs as user departments will share existing vehicles/plant. When vehicles have been collected, savings will then be generated and processed. The Dallachy closure saving is currently also classed as amber at this point while the budget is being reviewed now the NESS Energy from Waste facility is fully operational. The approved saving from the Elgin Community Centre closure will not be fully achieved until the building is sold. A one off saving of £73,000 is anticipated to accrue from the refund due from Grampian Valuation Joint Board, the amount of which will be confirmed when the accounts for 2023/24 are audited and approved by the Board – the saving will be posted thereafter. 7.6 Corporate savings including the vacancy factor saving is also amber. Until a pay deal has been agreed the saving, arising as a result of budgeting at top of scale, cannot be quantified. 7.7 Other savings assessed as amber were carried forward from last year to be processed and include the PPP Service Concession, which will be calculated for 2024/25 and processed in the next quarter. £30,000 from the use of purchasing cards across services to ensure that VAT receipts are submitted per financial regulations and therefore all input VAT reclaimed is classed as amber but recent developments in the purchasing card system, requiring documentation to be scanned in for all purchases, are envisaged to assist in achieving this saving. . 7.8 Savings assessed as green total £8,445,000 and have been processed this year to date, compared to £6,282,000 that was approved for these ones only. The estimated saving for the decrease in the Employers pension contributions to the North East Scotland Pension Fund (NESPF) for SJC employees was based on an original rate reduction from 19.3% to 16.4%. The actual contribution rate from 1 April 2024 reduced to 14.3%, which has given £1,896,000 more savings than estimated. Other savings that have come about since budget setting total £293,000, and are assessed as green; Schools energy £150,000, Early Years STEM £58,000, ELC Change Management Plan £62,000 and Auchernack closure savings £23,000. 8. RESERVES 8.1 The Council needs to retain a certain amount of free reserves in case of unforeseen contingencies or emergencies. The balance on free general reserves (ie excluding DSM and ear-marked reserves) as at 1 April 2024 was £6,000,000, following approval in the 2024/25 budget setting paper to increase it by £1,000,000 (paragraph 5 of the Minute refers). This brings the balance in free general reserves up to 2% of the revenue budget for 2024/25. The level will be assessed when the Reserves Policy falls due for renewal in September 2024. 8.2 APPENDIX 6 itemises the movements on reserves during the year to date and gives the free balance on the reserves at 30 June 2024. The working reserve had a balance of £8,686,000 on 1 April (£8,721,000 reported to Moray Council on 26 June which was reduced by a DSM adjustment of £35,000) and has a commitment to balance the 2024/25 budget. Moray Council on 26 June 2024 approved an additional use of working ear marked reserves totalling Page 61
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£192,000, as detailed in paragraph 3.4 (paragraph 14 of the Minute refers). A balance of £2,765,000 remains available for use. 8.3 Earmarked reserves for project slippages are held to keep track of funding for projects where reserves balances have built up and need to be drawn down as and when the expenditure is incurred. These include: Refugee resettlement funding, Education Attainment Fund, Whole Family Wellbeing Fund, Employability, Dorenell Windfarm fund, Sanquhar Loch. The current balance of these is £5,073,000. This excludes DSM reserve. 8.3 Balances at 30 June 2024 for other ear marked reserves include £5,421,000 for Transformation, £3,134,000 for Council priorities and £4,000,000 for Moray Growth Deal cash flow funding and £7,526,000 for the newly created reserve at 2023/24 closedown for the PPP Service Concession. 9. SUMMARY OF IMPLICATIONS (a) Moray 2026: A Plan for the Future and Moray Corporate Plan Effective budget management is an essential component of delivery of council priorities on a sustainable basis. (b) Policy and Legal No policy or legal implications arise directly from the contents of this report. (c) Financial implications The financial implications are addressed throughout the report. (d) Risk Implications There are no risk implications arising directly from this report. Budget managers are aware of their responsibilities for managing their budgets in accordance with the Council’s Financial Regulations. There is a risk to the Council arising from the agreement that if the Moray Integrated Joint Board overspends the Council will meet their share of the additional costs incurred. The Council’s share was 37% but will increase due to Childrens and Justice Services being fully integrated this year, the revised % is being recalculated. Changing inflation rates present a risk to the Council’s budget; CPI inflation stayed at the 2% target in June but the Bank expects this to rise to 2.75% in the second half of this year. (e) Staffing Implications No staffing implications arise directly from this report. (f) Property No property implications arise directly from this report. (g) Equalities/Socio Economic Impact No equalities implications arise directly from this report. (h) Climate Change and Biodiversity Impacts No climate change and biodiversity impacts arise directly from this report. Page 62
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(i) Consultations Consultation concerning Revenue Budget Monitoring is an on-going process with budget managers across the Council. CMT and Heads of Service have also been consulted in the preparation of this report and any comments incorporated. 10. CONCLUSION 10.1 The financial position of the Council at the end of June 2024 is an underspend against General Services Revenue Budget of £2,263,000 (including services delivered on behalf of the Moray Integration Joint Board). 10.2 Variations in General Revenue Grant totalling £1,038,000 have been notified to the council. 10.3 There is one additional budget pressure noted at quarter 1, totalling £13,000. If approved this will be funded from working ear-marked reserves. Author of Report: Susan Souter, Senior Accountant Background Papers: Held by author Ref: SPMAN-1293228629-1131 Page 63
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APPENDIX 1 MORAY COUNCIL - APPENDIX 1 BUDGET MONITORING REPORT QUARTER 1 to 30 JUNE 2024 Service Revised Budget 2024/25 £000s Budget to 30 June 2024 £000 Actual & Committed to 30 June 2024 £000s Year to date variance £000s Education, Resources & Community 13,040 3,867 3,858 9 Education 113,531 27,914 27,699 215 General Services Housing & Property 4,207 972 1,005 (33) Environmental & Commercial Services 28,238 7,019 6,102 917 Economic Growth & Development Services 3,398 1,118 1,098 20 HR, ICT & Organisational Development 5,729 2,209 2,262 (53) Financial Services 1,639 753 769 (16) Governance, Strategy & Perfomance 5,697 2,605 2,615 (10) Other Services 2,534 657 964 (307) SERVICES excl HEALTH & SOCIAL CARE 178,013 47,114 46,372 742 Health & Social Care (IJB) 60,832 16,048 14,673 1,375 Health & Social Care (Non IJB) 546 136 93 43 Childrens Services (IJB) 15,863 5,172 5,069 103 TOTAL SERVICES incl HEALTH & SOCIAL CARE 255,254 68,470 66,207 2,263 Loans Charges 16,407 0 0 0 Provision for Contingencies and Inflation 2,105 0 0 0 Additional Costs 9,305 0 0 0 Unallocated Savings (1,871) 0 0 0 TOTAL PROVISIONS 9,539 0 0 0 TOTAL GENERAL SERVICES EXPENDITURE 281,200 68,470 66,207 2,263 Commentary on Quarter 1 Performance Environmental & Commercial Services: The largest variance in the Service, Roads Maintenance spend to date is maintly attributed to reactive small carriageway patching repairs. An underspend on recharges to capital is due to a number of factors, including adverse weather conditions in Spring, and plant breakdowns, causing delays. The programme of works are committed for the year. Education Devolved School Budgets comprise £369k of the underspent (Primary £131k and Secondary 238k) but there is flexibility in these budgets where spend is planned on the academic year. Schools and Curriculum Development is overspent on central supply costs due to staffing cover. Children's Services Underspends across the areas of Children's Services including Placement Services for adoption and fostering fees/ allowances, throughcare/aftercare payments and adoption fees to other local authorities. Area Teams also have underspends, in SDS/direct payments and home to school transport. 5.6% 7.6% 40.8% 1.4% 10.3% 1.6% 3.2% 1.1% 3.8% 1.0% 23.4% 0.2% Budget YTD % of Total Education, Resources & Community Childrens Services Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care (IJB) Health & Social Care (Non IJB) 5.8% 7.7% 41.8% 1.5% 9.2% 1.7% 3.4% 1.2% 3.9% 1.5% 22.2%Actual YTD % of Total Education, Resources & Community Childrens Services Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care (IJB) (400) (200) 0 200 400 600 800 1,000 1,200 1,400 1,600 £000's YTD Actual Variance to Budget (excl Loans & Provisions) Education, Resources & Community Childrens Services Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care (IJB) Item 10. Page 65
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Allocated Budget Provisions for Contingencies and Inflation Additional costs Savings Budget Loan Charges Depreciation Total Budget £000s £000s £000s £000s £000s £000s £000s £000s MC 28 Feb 2024 256,525 4,504 11,944 (10,586) 262,387 16,407 278,794 School carry forwards 753 753 753 PEF/SEF carry forwards 840 840 840 ELC carry forwards 34 34 34 Funded from reserves - approved MC 28/06/23 0 0 Funded from Transformation Earmarked Reserve (43) (43) -43 Funded from Other Earmarked Reserves 822 822 822 Adjustment 1 - release to departments (3,677) (2,399) (2,639) 8,715 0 0 Corporate Committee 26/8/24 255,254 2,105 9,305 (1,871) 264,793 16,407 0 281,200 APPENDIX 2 Item 10. Page 67
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ALLOCATIONS FROM PROVISIONS Provision for Contingencies and Inflation Committee reference £000s £000s Approved when budget set: MC 28/2/24 4,327 Provisions c/fwd from 23/24 177 Pay Awards - Teachers (1,017) Regrading appeal (632) Pay - Other (13) Contract increases (288) School/Community Transport (178) Apprenticeship Levy adj (128) Audit fee (17) Other inflationary increases (15) Members Allowances (51) Moray Leisure Centre (Contingency) (49) Other releases from Contingency (11) (2,399) Balance at 30 June 2024 2,105 Additional Costs Committee reference £000s £000s Approved when budget set: MC 28/2/24 11,907 Budget pressures approved when budget set Budget pressures c/fwd from 23/24 37 NDR Revaluation (23) School roll numbers 10 Teacher's Pension increase from 23% to 26% (wef 1 April 2024) (1,517) Raising Attainment (IMP) (195) ASN (balance of permanent £0.7m) MC 28/6/23 (434) ASN (balance of temporary £1.1m) MC 28/6/23 (325) ICT Software subscription (36) Additonal Funding to the Scottish Welfare Fund - one year only (40) (2,560) Additional funding allocated Expansion of Universal Free School Meals (79) (79) Balance at 30 June 2024 9,305 Savings & Charges Committee reference £000s £000s Approved when budget set: MC 28/2/24 (9,370) Savings c/fwd from 23/24 (1,216) Environmental & Commercial Services savings 889 Economic Growth and Development savings 292 Housing and Property 402 Education 656 Education Resources and Communities 443 APPENDIX 3 Item 10. Page 69
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Governance, Strategy and Performance 127 HR, ICT & Organisational Development 106 Financial Services 397 Childrens Services 454 Cross Service: NESPF pension fund rate from 19.3% to 14.3% 4,456 Indicative Savings from I&M programme: Care placements 245 Temporary Savings: LHEES Savings 50 Income target per budget paper 198 8,715 Balance at 30 June 2024 (1,871) Page 70
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APPENDIX 4 BUDGET PRESSURES Ref Description Para Ref Original Amount Drawn Down Balance Status Comments RECOGNISED WHEN BUDGET SET £000 £000 £000 2023/24 opening position adj NDR Revaluation 37 23 14 Balance not required Education School Roll numbers 243 (10) 253 Budget will be drawn after new academic years roll is known in Sept/Oct Teacher's Pension increase from 23% to 26% (wef 1 April 2024) 1,500 1,517 (17) Economic Growth & Development MGD revenue contribution STEM 62 0 62 Environmental & Commercial Deposit Return Scheme 30 0 30 Scheme postponed until Oct 25 HR, ICT & Organisational Development ICT Software subscription 36 36 0 Other Uprating Personal & Nursing Care (share of £1.5m) 80 80 Additonal Funding to the Scottish Welfare Fund - one year only 40 40 0 Cross Service Revised IMP 596 195 401 ASN IMP requires no further funding. Increase in Loans Charges 800 800 NDR Liabilities increase in Uniform Business Rates (UBR) 290 290 Impact not yet calculated but likely to be required in full Electricity/Gas increase 635 635 Impact not yet calculated but likely to be required in full Trade Union Facility time 57 57 Full amount not required, only requirement for the Education TU ASN - MC 28/6/23 perm £0.7m 434 434 0 ASN - MC 28/6/23 temp £1.1m 325 325 0 MIJB Share of core overspend 5,000 0 5,000 Total 10,165 2,560 7,605 Item 10. Page 71
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Funded from Transformation Earmarked Reserves Joint Transition Plan 30 0 30 Total 30 0 30 Free School Meals Expansion 1,204 0 1,204 Expansion of UFSM 79 79 0 SERVICE DEVELOPMENTS Levelling Up Fund 176 0 176 Detached Youth Workers (8x0.69FTE) 200 0 200 Community Wardens (2FTE) 90 0 90 Total 1,749 79 1,670 0 Total 11,944 2,639 9,305 * One year No longer required - if slipped into future years please give more details in Col I Not taken and uncertain if required - please give more detail Not taken but still required - please give more details Taken in full, or if more than original allocation - more details required FUNDING FOR NEW DUTIES Page 72
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SAVINGS QUARTER 1 APPENDIX 5 Ref Description Amount Posted Balance Status Reason for balance £000 £000 £000 2023/24 opening position adj Service Concession PPP (1,168) - (1,168) Saving will be taken next quarter but exact amount not calculated Reduction in reinvestment costs (Children's Services) (18) - (18) Review of purchasing card (30) - (30) VAT saving - to be confirmed which budgets to take the saving against Approved when 2023/24 budget set: Environmental & Commercial Services Roads maintenance - hire out machinery (100) - (100) Vehicles ordered but delivery not expected until later in 2024/25 Dallachy - closure (630) - (630) Budgets to be reviewed alongside NESS EfW operating costs Stop School Transport on In Service Days (6) 6 0 Harbours commercial income (30) 30 0 Building cleaning HQ (20) - (20) May not be the full £20k. Saving from 1/8/24 and pay protection for 3 months. Will update for Q2. Waste Management - Increase charges for garden waste to £50 (308) 308 0 Income is below budget but savings have been taken in 24/25 Open Spaces - Uplift burial charges to full cost recovery (165) - (165) Burial charges were increased with the aim of increasing income to meet the costs of the service. Income is reported as a PI and is currently below target. Saving to be processed. Open Spaces - Maintain parks of Common Good/Trust land from income from CG/Trusts as far as possible (92) - (92) Figures are proposed for recharging against disbursable trust funds. Available funds to be confirmed. Catering - Dynamic Pricing (6) 6 0 Catering - Withdraw from Food for Life (70) 70 0 Fleet - Lease Specialist Vehicles (76) - (76) Fleet have identified externally leased vehicles that can be ceased and therefore reduced costs. User departments will share existing vehicles/plant. When vehicles have been collected, savings will then be generated and processed. Waste Management - Reduce HWRC opening hours (close 1 weekday) (50) - (50) To be confirmed. Not sure if this was a full year saving. Closure not until Oct Admin - Remove 1fte (28) 31 3 Roads Maintenance - Reduce street lighting maintenance budget (25) 25 0 Roads Maintenance - Reduce operational staff by 3fte (100) 102 2 Elgin Car Parking Review - fye (311) 311 0 Energy from Waste reduced gate fee due to Electricity generation (minimum £300k) (150) - (150) Budgets to be reviewed alongside NESS EfW operating costs Sponsorship income (10) - (10) Income being confirmed with department before any saving will be posted Lands and Parks - reduce Glyphosate use (8) - (8) Saving to be posted in Q2 Economic Growth and Development Statutory fees for planning applications (40) - (40) Income currently exceeds target. Will post for Q2 Employability - restructure the service so 1 keyworker is externally funded (13) 14 1 Economic Development - Reduce budget for Business Gateway Advisor by 0.2fte reflecting current level of staffing (11) 12 1 Environmental Health and Trading Standards - Remove 1 Animal Services Officer post (30) 30 0 Planning Income (4) 4 0 Building Standards (24) 24 0 Building st - enforcement (18) 18 0 Fair Trading (38) 38 0 Education Learning Technologist (50) - (50) Perfomance monitoring (52) - (52) VER and supernumerary to be effective Q2 - indicatvie timescales end July 2024 Fraud post (24) 24 0 Money Advice (66) 95 29 Moray Training - VER (102) - (102) Saving to be posted Strategic Planning (Appendix 4 item 10) (33) 34 1 Environmental Health (Appendix 5 item 10) (48) - (48) Item 10. Page 73
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Corporate/Cross service EV / ULE salary sacrifice (20) - (20) As of June 2024 this has not yet become operational Increase vacancy factor in line with pay awards (640) - (640) Awaiting pay award detail 2024 NESPF rate decrease from 19.3% to 14.3% wef 1 April 2024 (2,560) 4,456 1,896 Saving was based on an original rate reduction from 19.3% to 16.4%. The actual contribution rate from 1 April 2024 reduced to 14.3%, which has given £1,.896m more savings than estimated (inc H&SC below) Empty Property Relief (338) 338 0 Discretionary NDR Relief (27) 27 0 Corporate Training (56) 57 1 Budget templates Primary Advisor role (15) 15 0 Housing and Property Homelessness - Negotiate discount for block pourchased temporary accommodation (96) 96 0 Homelessness - Allocate a further 5 flats for homelessness accommodation (5) 5 0 Housing Needs - Allocate 50% of Housing Support costs to HRA (197) 220 23 Housing General Services - Reallocate duties to HRA, reflecting general pattern of support reqd for Gypsy Travellers (8) 8 0 Property - Take a more commercial approach to rent reviews (65) 65 0 Property - Close two corporate offices (25) - (25) Not yet achieved in Q1, awaiting information from Budget Manager Temporary Accommodation - increased charging policy (42) - (42) This was already taken as part of the opening postion adjustments Langstane rental 8 8 Education Early Learning & Childcare (ELC) - Delete Early Years PSA (12) 12 0 ELC - Reduce Early Years teaching team by 2 posts (83) 83 (0) Primary - Pupil teacher ration move to statutory requirement (42) - (42) Will not know whether this can be achieved until census figures are received in September Secondary Schools - Reduce DSM (188) 192 4 Central Education - Remove 1QIM (109) 85 (24) Balance will be taken next year - reduction from August Schools Energy saving 0 150 150 MGD EY Stem PM end of funding 0 58 58 ELC CMP - NM's wks & 36.25-35hrs saving 0 62 62 Education Resources and Communities Business Admin - Remove 4 fte posts (55) 111 56 The saving was to be over 2 years but due to vacancies it has all been taken in 24/25. There will be no further saving in 25/26 Primary School FM - Delete PAT testing post and contract out (27) 27 0 Sport and Culture - Replace mobile library with redesigned service (20) - (20) Will be posted in quarter 2 Sport and Culture - Remove Health and Wellbeing Officer post (51) 51 (0) Communities Team - Remove 1 Outdoor Learning post (59) 60 1 Communities Team - Remove 1.75fte from the Community Support Unit (88) 88 0 Communities Team - Reduce community capacity training budget (4) 4 0 Elgin Community Centre closure - VER (163) 72 (91) This will not be fully achieved - £51k will be posted in qtr 2. There is a £71k budget in surplus property, this saving will be made when the building is sold which expected to be in 2026. Library contract management systems (7) 7 0 Relocate staff from Auchernack plus Forres Community Centre staff restructure (20) 23 3 Governance, Strategy and Performance Customer Service - Print contract (13) 13 0 Customer Service - Reduce Contact Centre staff by 4fte (114) 114 0 Welfare Benefits & Money Advice - Co-locate Citizen's Advice Bureau (20) - (20) CAB have not yet agreed this move (as of May 2024) Page 74
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HR, ICT and Organisational Development HR - Cease central short leating (50) 49 (1) Financial Services Procurement - Reduce the Buying Team by 1fte (31) 32 1 Childrens Services Children's Services savings target (454) 454 0 Indicative Savings from I&M programme Stream 2: ICT & Digital - Schools Admin (56) - (56) Progress to be confirmed with department Stream 4: Review & Expansion of Flexible Working (44) - (44) Saving to be confirmed and posted in Qtr 2 if achieved Care placements (245) 245 0 Reduction in reinvestment costs (4) - (4) Saving to be confirmed and posted in Qtr 2 if achieved LEAN review (125) - (125) Saving to be confirmed and posted in Qtr 2 if achieved TEMPORARY SAVIINGS Approved when 2023/24 budget set: Grampian Valuation Joint Board - refund 2018/19, 2020/21, 2021/22, 2022/23 (62) - (62) Amount will be confirmed when the accounts for 2023/24 are audited and approved by the Board LHEES saving 23/24 (50) 50 0 CHARGES Income target per budget paper (342) 198 (144) Charges to be posted in Q2 Total Approved when budget set (9,370) 8,715 (655) Savings c/fwd from 2023/24 (1,216) 0 (1,216) Balance at Qtr 1 (10,586) 8,715 (1,871) * Status Saving not taken and wont be achieved this year - details to be given Saving not taken and uncertain if it will be achieved in full this year Saving taken, or will be taken, in full Page 75
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APPENDIX 6 General Reserves Committee reference Approved £000s Budget released £000s General Reserves @ 1 April 2024 6,000 Free balance @ 30 June 2024 6,000 Working Ear marked Reserve Committee reference Approved £000s Budget released £000s Balance @ 1 April 2024 8,686 Less commitments against reserves when budget was set: To balance budget MC 28/2/24 (5,729) Funding from reserves approved in 2023/24 Corporate Training MC 26/6/24 (50) Homelessness MC 26/6/24 (20) Economic Development (East of Scotland Homes Fund) MC 26/6/24 (45) Burial Grounds - Headstones Inspections MC 26/6/24 (10) 10 Open Spaces - Tree Inspections MC 26/6/24 (67) 67 Approved use of reserves (5,921) Free balance @ 30 June 2024 2,765 Ear marked Reserves for specific projects Committee reference Approved £000s Budget released £000s Balance @ 1 April 2024 5,073 Free balance @ 30 June 2024 5,073 Item 10. Page 77
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APPENDIX 6 Transformation Ear marked Reserve Committee reference Approved £000s Budget released £000s Balance @ 1 April 2024 6,152 Revised IMP - Raising Attainment (596) Project Management revenue costs for closure of two corporate offices SMC 25/10/23 (105) Plan for Just Transition Moray MC 28/2/24 (30) (731) Free balance @ 30 June 2024 5,421 Council Priorities ear marked Reserve Committee reference Approved £000s Budget released £000s Balance @ 1 April 2024 3,134 Free balance @ 30 June 2024 3,134 MGD Cash Flow Reserve Committee reference Approved £000s Budget released £000s Balance @ 1 April 2024 4,000 Free balance @ 30 June 2024 4,000 Service Concession (PPP) Committee reference Approved £000s Budget released £000s Balance @ 1 April 2024 7,526 Free balance @ 30 June 2024 7,526 Page 78
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REPORT TO: CORPORATE COMMITTEE 27 AUGUST 2024 SUBJECT: BEST VALUE ACTION PLAN PROGRESS REPORTING BY: DEPUTE CHIEF EXECTUIVE (EDUCATION COMMUNITIES AND ORGANISATIONAL DEVELOPMENT 1. REASON FOR REPORT 1.1 To inform the Committee of progress against the actions set out in the Council’s Best Value Action Plan since it was approved in April 2024. 1.2 This report is submitted to Committee in terms of paragraph III B (41) of the Council’s Scheme of Administration, Best Value being a cross-cutting issue that does not fall within the remit of a particular committee. 2. RECOMMENDATION 2.1 It is recommended that the Committee reviews and notes the progress made against the actions in the Council’s Best Value Action Plan (Appendix 1). 3. BACKGROUND 3.1 Councils in Scotland have a statutory duty to demonstrate Best Value, introduced in the Local Government (Scotland) Act 2003. Statutory Guidance defines Best Value as: • ensuring that there is good governance and effective management of resources, with a focus on continuous improvement, to deliver the best possible outcomes for the public. 3.2 In March 2020 the Scottish Government published refreshed Best Value guidance requiring councils to demonstrate a focus on continuous improvement in performance around seven themes: • Vision and leadership • Governance and accountability • Effective use of resources • Partnerships and collaborative working • Working with communities • Sustainability • Fairness and equality Item 11. Page 79
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3.3 The Corporate Committee on 23 April 2024 agreed a new Best Value Action Plan that set outs the Council’s priorities for the next 3 years to enable it to meets its Best Value duty (paragraph 6 of the minute refers). The plan takes account of, and supersedes the consolidated list of improvement actions which bring together recommendations from a number of sources in relation to the Council’s progress in achieving its Best Value duty and the output from the Council-Wide Strategic Self-Assessment of Performance by both councillors and officers. 3.4 The Committee also agree that the Best Value Action plan will be monitored on a quarterly basis and Appendix 1 provides the first quarterly monitoring of the actions in the Plan. As well as reporting to Committee, arrangements are in place to ensure that the Corporate Management Team has regular oversight of performance monitoring of progress on the actions in the plan to ensure that work is prioritised and early remedial action can be taken if required. 3.5 Progress is on target in implementing the actions in the Best Value Action plan with a number of actions being concluded and key highlights in progress as noted below: i) Performance reporting – actions are completed on the Corporate plan and delivery framework which were approved by Council in February 2024 and on the Public Performance report that was agreed in June 2024. ii) Continuous improvement – work is progressing well to re-activate the Public Sector Improvement Framework (PSIF) and align other improvement tools to that. Contact has been made with the Improvement Service to support renewed work on PSIF iii) Transformation Strategy has been reviewed and agreed by Council in April 2024 iv) The Workforce Working Group has been established and the Workforce Strategy is reported on this Committee agenda. v) The Short to Medium Term Financial Plan is complete and was approved by the Council in June 2024. The savings plan is being developed for reporting in September. vi) Partnership working is progressing per the plan with consideration underway of how to build on the current strengths of locality plan work. vii) Guidance to mainstream participatory budgeting has been developed and issued to all services. viii) The equalities actions are all well progressed with 5 of 6 actions completed. 3.6 The Best Value Action Plan sets out an ambitious programme of work and it is important to maintain pace to ensure that targets are delivered. The next planned stages of work due in September (except savings plans) are noted below and will be reported in the next committee cycle to Corporate Committee (CC) on 5 November or Full Council (FC) as appropriate: Page 80
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Financial Management: i) Development of savings plan for short to medium term (August 2024) – Full Council 25 September 2024. ii) Review of Capital Plan (September 2024) FC 25 September 2024. iii) Review of Asset Management Strategy (September 2024) CC November 2024. iv) Review of Reserves Policy (September 2024) CC November 2024. v) Medium to Long Term Financial Plan – FC December 2024. Sustainable Development i) Sustainable Development Statement (September 2024) CC November 2024. 4. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The Best Value Action Plan supports the Council to deliver the priorities in the corporate plan and supports the council values of Improving: drive improvement; Ambitious: ensure sustainable and efficient services; and Responsive: promote community participation and involvement and involve our communities. (b) Policy and Legal The Best Value Action Plan supports the Council to fulfil its statutory duty to demonstrate Best Value, introduced in the Local Government (Scotland) Act 2003. (c) Financial implications There are no specific financial implications, however, the Best Value Action Plan supports the Council in its duty to make best use of resources and there are a number of specific actions that relate to financial management that are moving forward. (d) Risk Implications There are risks associated with not making adequate progress on the actions set out in the Best Value Action Plan. The Council has had feedback from a number of external stakeholders that identified areas for improvement and failure to address these through the planned actions is likely to lead to adverse reporting and implications for the council. Several of the Best Value themes feature on the Council’s Corporate Risk Register including leadership, financial sustainability and workforce development. Progressing the actions in the Plan will also secure improvements in the management of these risks. (e) Staffing Implications There are no specific staffing implications arising from this report. Page 81
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(f) Property None (g) Equalities/Socio Economic Impact This is covered in the Best Value inspection regime itself and the Council’s duty to deliver best value. (h) Climate Change and Biodiversity Impacts This is a key component of Best Value (i) Consultations CMT/SMT have contributed to the progress monitoring set out in Appendix 1. 5. CONCLUSION 5.1 This report provides the first quarterly monitoring of the Council’s Best Value Action Plan (Appendix 1) since it was approved in April 2024. Although delivery is at an early stage, progress is noted in a number of areas where actions have been completed and work is underway to ensure the plan is completed on target. Author of Report: Denise Whitworth Background Papers: Corporate Committee report on Best Value Action plan 23 April 2024 (item 5a) Ref: SPMAN-1108985784-996 Page 82
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2c3f2c81-31ba-4c81-81d4-24ef95052b2d - Summary Report Date 27/08/2024 BRAGG Status - KEY BLACK - Completed RED - Concern AMBER - Caution GREEN On Target GREY - Not Started Lead Officer Priority Delivery Date Schedule % Complete BEST VALUE ACTION PLAN Aug-26 GREEN 36% Mar-26 GREEN 32% CEx/Council (CL) 1 Dec-24 GREEN 25% DCE (ECOD) 3 Jun-25 GREEN 6% H HR,ICT & OD 1 Dec-24 GREEN 10% CEx / DCE (ECOD) 2 Mar-26 GREEN 20% DCE (ECOD) 3 Jun-24 Complete 100% Jan-25 GREEN 24% HoGSP 3 Oct-24 GREEN 0% HSC CO / CEx 1 Jan-25 Not Started 17% HoGSP E April 24 / 25* GREEN 70% H HR,ICT & OD E Sept 25* GREEN 10% Aug-26 GREEN 37% CEx / DCE (ECOD) 1 Aug-26 GREEN 36% CEx 2 Sep-24 GREEN 58% CEx / DCE (EEF) / CFO 1 Dec-24 GREEN 17% Oct-25 GREEN 21% DCE (EEF / ECOD) 2 Oct-25 GREEN 21% Summary: The 6 month review of scrutiny training is not yet due. Under the Risk Management project, the annual review of departmental risk registers that feed wider risks into Corporate Risk Register is complete as is the work on the corporate overview of business continuity and resilience which was reported to committee in April 2024.Work on business continuity is progressing as planned. Work on digital resilience is also progressing with Cyber awareness training across the workforce having taken place. Summary: The refresh and refocus of the Transformation Strategy is complete and was approved by the Council in April 2024. Work is also well progressed on developing project mandates for new projects to assess merits and progress continues on active projects. On workforce, the workforce working group is established and the update workforce strategy and plan is on track to be reported in August. The capital plan is at the early stages of review under the Financial Management project and the Revised Short to Medium Term Financial Strategy is complete and was reported to Council on 26 June 2024. Preparatory work is underway for the remaining actions and is currently on target. 3. Effective Use of Resources 3.1 Transformation and Sustainable Services 3.2 Workforce Planning 3.3 Financial Management 4. Partnerships and Collaborative Working 4.1 Partnership Working for Moray 2.4 Digital Resilience Management Summary: Work is progressing as planned on collaborative leadership with the external consultant work completed and report scheduled for Corporate Committee in August setting out progress and planned next steps. Community Planning and engagement is in the early stages of planning and work to review the role of the community engagement group for community planning is well progressed and due to be reported to the CPB. Leadership development action is also at an early stage and the next planned step is reporting to CMT for direction. Implementation of self-evaluation to deliver continuous improvement is progressing with the re-activation of the PSIF process moving forward and planned work with the Improvement Service to support delivery. All actions within this BV theme are currently on target. 1. Vision and Leadership 1.1 Collaborative Leadership - ensuring members and officers work effectively to secure key 1.2 Community and Partner Engagement on Council priorities 1.3 Leadership Development Action 1.4 Continuous Improvement – implement self-evaluation. 1.5 Performance Reporting 2. Governance and Accountability 2.1 Effective Scrutiny 2.2 Sound Governance 2.3 Risk Management Page 1 of 2 Item 11. Page 83
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2c3f2c81-31ba-4c81-81d4-24ef95052b2d - Summary Jun-25 GREEN 14% DCE (EEF / ECOD) 2 Jun-25 GREEN 14% Sep-24 GREEN 35% DCE (EEF) 3 Sep-24 GREEN 35% Normal business GREEN 92% HoGSP 2 Normal business GREEN 92% Summary: Progress has been made in mapping the Council Corporate strategies relevant to sustainable development against National Performance Indicators and corporate priorities; identify areas of focus 2024-2029, SD changes expected and PIs to monitor progress; finalise draft principles. It is planned to bring this forward for wider consultation and involvement on the sustainability statement. Summary: Guide to mainstream PB developed by CSU and circulated to all services. Consideration is being given to the use of online tools and website enhancement to support engagement. Work to review the operation of the Community Engagement Group has been completed and considered by the Group and will be taken to the CPB for discussion and consideration of future approaches. £109,000 via UK shared prosperity fund was allocated via PB to eligible arts, culture and heritage groups (July 24) Summary: Work with community planning partners is moving forward to develop shared priorities for the LOIP and there is early indicative support to develop a single Moray plan. Locality plans are well developed and ongoing and consideration is now planned of learning across partners and service areas to identify opportunities for learning and greater impact from partners working more closely Summary: This workstream is well advanced and the planned actions are complete for: equality and socio-economic duty actions and consideration of these within committee reports; Integrated Impact Assessments were carried out on budget proposals and the views of equality groups were sought where appropriate. The remaining action is for staff training on equalities and the council equalities as an employer and this is underway and on target 5. Working With Communities 5.1 Community Budget Engagement ensuring local communities are more in Participatory 6. Sustainable Development 6.1 Sustainable Development 7. Fairness & Equality 7.1 Equalities Action Page 2 of 2Page 84
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: CORPORATE RISK REGISTER – QUARTERLY UPDATE BY: DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND ORGANISATIONAL DEVELOPMENT) 1. REASON FOR REPORT 1.1 To provide the Committee with the quarterly overview of the council’s principal risks as detailed in the Corporate Risk Register. 1.2 This report is submitted to Committee in terms of Section III (B) (36) of the Council's Scheme of Administration relating to council wide or corporate risk assessment and the mitigation and management of these risks. 2. RECOMMENDATION 2.1 It is recommended that Committee considers and approves the overview update on the council’s principal risks as of July 2024 attached as Appendix 1 to this report. 3. BACKGROUND 3.1 The Committee last reviewed the Corporate Risk Register on 23 April 2024 (paragraph 9 of the minute refers). It was agreed at the meeting that an overview update would be appropriate at quarterly intervals, with a full review taking place semi-annually. 3.2 The higher scoring risks at that time and thus those presenting the greatest challenge and potential exposure for the Council covered five themes, namely collaborative leadership, finance, HR staffing, environmental, and ICT (technological) risks. For each of these, risk mitigation measures had been put in place, yet the residual risk scores remained high. 3.3 Three months later, the position in terms of risk scores is broadly unchanged. External factors not within the council’s control continue to have a bearing on the nature of the risks to be faced and how they are managed. Nonetheless, the council has acknowledged through the Best Value process that it must endeavour to secure continuous improvement, and to manage down risk to the extent possible where such risk might impede delivery of agreed plans. Since the last iteration of the Corporate Risk Register was prepared, a Best Value Action Plan has been developed and approved at a meeting of the Item 12. Page 85
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Council on 11 June 2024 (para 3 of the minute refers). The plan is challenging and brings focus to actions necessary to aid the council to deliver its functions in a sustainable manner. 3.4 The Best Value Action Plan, which includes target timescales, has been developed for implementation over a three year period. A number of actions are already underway. For example, improvements in collaborative leadership have been supported by external advisers, and further consideration is being given to determine potential savings given the council’s projected financial position going forward. Overall these interventions are designed to have a positive effect on the risks currently faced but will not fully mitigate them, and ongoing monitoring of the impact of any changes to the environment in which the council operates will be necessary. 3.5 The overview update on the council’s principal risks is attached as Appendix 1. Attention is drawn to following: 3.6 Collaborative Leadership: The support provided by external advisers and the work of the Council Leader and Senior Councillors on this topic has been acknowledged as beneficial across all political groups. This has strengthened the leadership and decision making processes of the council, and further work is planned to sustain this position. The overall risk score has been reduced from 15 (likelihood 3 x impact 5) to 12 (3 x 4). 3.7 Finance: The Council for a number of years has pursued various initiatives to generate financial savings and, like all local authorities, to deliver services against a background of challenging financial settlements. Again for 2024/25, a balanced budget has been achieved albeit with use of reserves. Based on information known at the time of drafting this report, significant savings will be required ahead of setting the budget for 2025/26 and update reports on financial planning and on transformational change are due to be considered by council in early course. Because of continuing uncertainty relative to future financial settlements and demands on available resources, financial risk remains at the highest level, scoring 25 (likelihood 5 x impact 5). 3.8 HR (Staffing): A recurring theme in working with services on service risks is the difficulty in recruitment of certain staff groups and the impact this can have on service delivery. Again at least in part this can be attributable to the wider employment market. HR through its workforce plan and other initiatives is endeavouring to make the council an attractive choice for those looking for employment in the public sector. The risk score is unchanged at 20 (likelihood 5 x impact 4). 3.9 Environmental: A just transition to net zero is one of three shared ambitions of both Scottish Government and Local Authorities in the Verity House Agreement, and the council has set out a raft of policy proposals designed to effect positive change. Some of these are already having effect, others are longer term objectives and will require innovative solutions, in some instances working in partnership. Significant investment will be required to meet agreed targets but given progress to date, the risk score has been reduced from 16 (likelihood 4 x impact 4) to 12 (likelihood 4 x impact 3). Page 86
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3.10 ICT (Technological): Effective use of technology is a key to ensuring the council functions with optimum efficiency. Hence there is a need to embrace new opportunities while at the same time remaining alert to the threats of disruption and the impact such disruption could have on service delivery. Appropriate plans and controls are in place; however the residual risk is high remaining at score 20 (likelihood 4 x Impact 5). 4. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Effective risk management practices are necessary to evidence how the Council identifies and seeks to address any issues that may impact on its ability to deliver its stated priorities and plans. (b) Policy and Legal Robust risk management practice is an essential component of good governance. (c) Financial implications The risk register recognises the financial challenges facing the council and the importance of addressing these. There are no direct financial implications arising from this report. (d) Risk Implications Risk and its management is the subject of this report. (e) Staffing Implications No direct implications (f) Property No direct implications. (g) Equalities/Socio Economic Impact No direct implications. (h) Climate Change and Biodiversity Impacts The risk register refers to climate change considerations under Environmental Risks. No direct implications. (i) Consultations The Corporate Management Team and Heads of Service have participated in this latest overview of the risk themes identified in the Corporate Risk Register. 5. CONCLUSION 5.1 The Committee is asked to consider and approve the latest evaluation of higher scoring risk themes in the Corporate Risk Register as at July 2024. Page 87
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Author of Report: Alasdair McEachan, Head of Governance, Strategy and Performance. Background Papers: Corporate Risk Register - April 2024 Ref: Page 88
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Appendix 1 Moray Council - Corporate Risk Register Overview of changes in period to 31 July 2024 Based on 5x5 Matrix = Highest risk score 25 Risk Theme Residual Risk Score April 24 Current work/ Impacts Commentary Indicative risk score July 24 Higher scoring risks Financial 25 (Likelihood 5 x Impact 5) • Annual Accounts audit to demonstrate probity in use of financial resources. • Early consideration of financial pressures for future years beyond 2024/25 – budget workshop involving senior managers held. • Unknown political considerations nationally and in Scotland re future funding of Local Government. • Consideration of Best Value commentary on revenue budget forecasting and monitoring. • Consideration of Best Value observations on capital programme noting major elements are dependent on ring fenced funding – e.g. for new school building or growth deal programmes. • HSCM agreed package of service reductions to achieve savings; consultation still to take place which is With council dependent on external sources for its main revenue funding streams, residual risk likely to remain high. Overall risk score unchanged. 25 (5 x 5) Item 12. Page 89
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Risk Theme Residual Risk Score April 24 Current work/ Impacts Commentary Indicative risk score July 24 likely to take some time and meet resistance from those impacted by change. Service demands increasing. • Funding of pay awards for 2023/24 still to be formally confirmed. HR (staffing) 20 (5 x 4) • Best Value Improvement plan agreed but resourcing delivery of same under review- balancing ambition with capacity to deliver. • Best Value thematic review draft report and recommendations under consideration. • Refreshed Workforce and Organisational Development strategy and plan prepared with input from Workforce Working Group. • Draft Recruitment and Retention Project Plan developed to provide focus for work on this topic. • Review of practical implementation of Health and Work policy planned to assess impact and potential requirement for other actions Refreshed HR strategy and draft project plan for recruitment should assist in focusing limited resources on areas of greatest potential impact, however the challenge remains to make the council an attractive place to work. Overall risk score unchanged. 20 (5 x 4) ICT 20 (4 x 5) • ICT and Digital strategy refreshed including reference to Digital Maturity Assessment and digital development opportunities including use of Artificial Intelligence. Significant additional work will be required. • Continued increase in volume of daily threat warnings for cyber security as well This risk remains high as a consequence of external threats and the impact that interruption to ICT services would have on the organisation. Risk score is unchanged. 20 (4 x 5) Page 90
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Risk Theme Residual Risk Score April 24 Current work/ Impacts Commentary Indicative risk score July 24 as human error creates significant risks of disruption. Resourcing of planned cyber work to manage this threat is under consideration. • Modular training for staff in cyber and data security has been developed to raise awareness of key risks. • Business Continuity Planning updates giving consideration to impacts should access to ICT systems be lost for extended periods. Environment 16 (4 x 4) • Zero Emission fleet replacement strategy agreed. • Climate Change Strategy prepared and route map to net zero updated annually. • Climate Change Board established. • Moray Hydrogen Strategy prepared. • Possibility of hydrogen plan being developed locally considered through planning but challenging hurdles to overcome. • Local Heat Energy Efficiency Strategy consulted on and scheduled for approval in August 2024. • Elgin Heat Network Viability study being prepared. • External funding for school estate improvements predicated on new builds being to energy efficient standards. • Various active travel initiatives promoted including M - Connect Multiple positive initiatives being taken forward work but progress much dependent on substantial funding to realise desired improvements. The possibility of these initiatives having limited success remains if insufficient funding is available. Immediate risk is being managed through agreeing what needs to be done but longer term challenges remain. Likelihood score remains higher at 4 with impact neutral at 3 on the basis that the council has the necessary policies in place, with impact having the potential to increase again if targets are unaffordable/unachievable moving forward. 12 (4 x 3) Page 91
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Risk Theme Residual Risk Score April 24 Current work/ Impacts Commentary Indicative risk score July 24 • Energy efficiency standards for social housing (EESSH) considered as part of Housing Investment plan. • Recycling a success and residual waste no longer going to landfill. • Coastal adaptation plans approved. • EV charging strategy under consideration Collaborative Leadership 15 (3 x 5) • Report on outcomes recommended by the external adviser to support member/officer working (recommendation 2) in preparation for consideration by Committee. • BV report provides for a collaborative leadership programme to be provided by October 2024. • Specific actions for various groups required with a review of progress in December 2024. Work carried out to date and benefits of monitoring progress through Best Value action plan could leave likelihood at neutral 3 and reduce impact marginally but still high (from 5 to 4) which would score 12 and continue to monitor. 12 (3 x 4) Lower scoring risks Regulatory 9 (3 x 3) • Potential issues may arise should cuts have greater impacts than previously on statutory services. • Risks over implementation of new areas of regulatory activity including short term lets and implementation of the United Nations Convention on the Rights of the Child Assessed as appropriate to leave as is for now, albeit with close monitoring of the impact of any policy changes were these may impact won regulatory compliance. 9 Page 92
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Risk Theme Residual Risk Score April 24 Current work/ Impacts Commentary Indicative risk score July 24 • Slight risk of increased non-compliance with policy regulations and practice if service delivery more challenging. • Indication previously of capacity to meet obligations in one service, not aware of any others. • Overall assessment is that council has standards of governance that support compliance with regulatory requirements. Reputational 10 (5 x 2) • Best Value and Budget continue to have potential for a major impact on reputation. • Any diminution in services tends to attract criticism from those impacted. • Hard to gauge wider impact of inspection reports where these are critical in nature. Likelihood previously was assessed as very high given council requirement to consult on multiple issues. While this informs decision making and engenders ownership it invariably leads to criticism from those whose expectations are unmet. The impact of such criticism should be limited if due process is followed. Overall score unchanged. 10 Operational Continuity and Performance 9 (3 x 3) • Operational continuity and performance may be affected as a consequence of service re-design. • Agreed to improve timeliness of performance monitoring as part of BV action plan. Overall this risk has been rated as neutral and should remain so providing service standards are considered alongside any changes to resourcing of services. 9 Economic Sustainability 12 (3 x 4 • Economic development and planning in line with local development plan -new plan Anecdotally many sectors in the local economy are buoyant. 8 (2 x 4) Page 93
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Risk Theme Residual Risk Score April 24 Current work/ Impacts Commentary Indicative risk score July 24 scheduled for 2027. Evidence submitted to Scottish Government in June 2024 • Growth Deal projects being progressed with some now in delivery. • Taking opportunities to utilise other funding streams e.g. for town centre redevelopment, levelling-up fund and just transition fund. • Continued working with partners to deliver the ten year strategy through Moray Economic Partnership. • Promotion of apprenticeships, developing the young workforce and similar initiatives in place. • Childcare Action Plan in preparation. With the interventions described here council is fulfilling its role. Assessment is to reduce likelihood to two but leave impact at four as issues remain in some areas e.g. attracting key workers into Moray and provision of childcare. Page 94
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: LOCALISED POVERTY IN MORAY - UPDATE BY: DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND ORGANISATIONAL DEVELOPMENT) 1. REASON FOR REPORT 1.1 To inform the Committee of the updated position of localised poverty in Moray and the actions being progressed through Corporate and Service Planning aligned to reducing poverty. 1.2 This report is submitted to Committee in terms of Section III (B) (41) of the Council's Scheme of Administration relating to formulate and review Council priorities and objectives in relation to poverty. 2. RECOMMENDATION 2.1 The Committee considers and notes the updated position and current actions aligned to reducing poverty. 3. BACKGROUND 3.1 The Council participation in the Improvement Service ‘Rural Poverty Network’ throughout 2023 shared knowledge and methods used to monitor child poverty in rural local authorities. 3.2 In Moray, to complement the national datasets, localised sources across benefits and money advice services were added and by applying similar methods used by SIMD2020, internally a ‘Deprivation Index’ of Moray was created to provide an updated position to the first iteration of the analysis (Appendix 1). 3.3 Key points from the analysis were – • Child Poverty (0-15) in Moray has increased by 2.8% between 2020/21 and 2021/22 to 24.1% (3,849 children) close to the national average of 24.5%. • There were an estimated 470 more children living in poverty in Moray in 2021/22 in comparison with the previous year, representing a 14% increase in the number of children. • Between 2014 and 2022, the rate of increase in Moray has been greater than that of Scotland. Item 13. Page 95
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• At data zone level, child poverty in Moray ranges between 0% and 65% (2 of every 3 children) • 59% of the population live in ‘Urban’ areas, but 66% of children in poverty live in these areas, evidencing a higher poverty density in urban areas. • 26% of children living in ‘Urban’ areas are in poverty, in contrast to 21% who live ‘Rurally’. • The highest and lowest ranked Intermediate Zones are both in Elgin. • The top seven ranked Intermediate Zones from 2020/21 remain the same, but not all remain with the same rankings. These zones are all in ‘Urban’ areas. • Only 5 Intermediate Zones witnessed a drop in the number of children living in poverty between 2020/21 and 2021/22, the remaining 19 all showed increases. • Moray’s comparator ranking has declined since 2014 from 6th to 2nd (where 1st has the highest levels of child poverty) within the family group of eight authorities and in addition witnessed the highest rise in poverty (3.2%) amongst its comparators over the same period. • Similar trend in national ranking since 2014 from 20th to 14th (where 1st has the highest levels of child poverty) of 32 local authorities and witnessed the 8th highest rise in poverty. 3.4 Actions included in the Corporate Plan and Service Plans aimed at reducing poverty are detailed in Appendix 2 and performance indicators gathered to measure progress in Appendix 3. In addition, significant efforts continue to be delivered in localities as part of locality planning. 3.5 The first meeting of the reconvened Fairer Moray Forum is scheduled for the end of August. This will be a refreshed Forum as a strategic group within the Community Planning governance arrangements and the membership is currently under review led by the Chair. The data in this report will contribute to the initial scoping exercise that will inform the strategic direction and recommendations the Forum make to the Community Planning Board on a partnership approach to tackling poverty. 4. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Poverty is a key priority in the Corporate Plan and LOIP (b) Policy and Legal None arising from this report. (c) Financial implications None arising from this report. (d) Risk Implications None arising from this report. (e) Staffing Implications None arising from this report. Page 96
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(f) Property None arising from this report. (g) Equalities/Socio Economic Impact None arising from this report. (h) Climate Change and Biodiversity Impacts None arising from this report. (i) Consultations The Corporate Management Team and Community Planning Officer Group have been briefed on the content of the report. 5. CONCLUSION 5.1 The Council has planned activity aimed at reducing poverty, monitored through Corporate, Service and Locality Planning reporting arrangements. Localised data ensures work continues to be appropriately targeted. Author of Report: Louise Marshall, Strategy and Performance Manager Background Papers: Ref: Page 97
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An update of Localised poverty in Moray: Bringing together national and local data to identify poverty levels in Moray, showing changes in levels from initial report in March 2023. AUTHOR: Iain Sneddon, Research and Information Officer, Moray Council EXECUTIVE SUMMARY Poverty1 in Moray is rising and doing so at a faster rate than Scotland as a whole. National data (End Child Poverty, 2021/22) for Moray, shows the percentage of children in poverty increased between 2014 and 2022 by 3.2% to 24.1%. Over the same period, Scotland saw a rise of 2.9% to 24.5%. Only seven Scottish Local Authority areas have increased at a greater rate than Moray during this time. In the last year alone (2020/21 -2021/22), Moray has witnessed a 2.8% rise. In terms of ranking nationally against other authorities, Moray has fallen from 20/32 to 14/32 (where 1 is highest). Within our comparator authority group, from being placed 6/8 in 2014 Moray is now placed 2/8 in 2022. Of all Scottish Local Authority areas, only Renfrewshire saw a greater decline in ranking, falling from 25th to 17th. The average gross full-time hourly pay (earnings by place of work) in Moray in 2023 at £15.942, is significantly less than Scotland (£18.10) and ranks Moray 28/32 of Scottish Local Authorities, where 1 is highest. Moray bucks the trend whereby full-time female workers earn more per hour (£16.09) than their male counterparts (£15.55). Calculations based on weekly wage data, for all employed in Moray, shows an average working week of 40.6hrs, compared with the Scottish average of 38.8 hrs/week. Even by working more hours a week, the average full-time weekly pay in Moray (£647.2) is significantly less than the National average (£702.80). Due to this low wage economy Moray is likely to be less resilient to increases in the cost of living in comparison with many other Scottish Local Authorities, which in turn is a likely contributory factor in the rising levels of child poverty in Moray. Other societal groups in Scotland do not experience poverty to the same levels as children. Scottish Government statistics show that 21% of working-age people and 15% of pensioners were living in poverty (2019-22). In work poverty is however increasing. Between 2009 and 2012, 52% of working-age people in poverty were within working households, during 2019 and 2022 this had risen to 57%. Similarly, over the same period the proportion of children in poverty from working households, increased from 51% to 69%. This may be indicative of wages and in-work benefits not keeping pace with inflation. With a low wage economy and poverty levels in Moray rising at a faster rate than Scotland it is likely that Moray will be disproportionately affected. Looking at the national picture, Scotland compares reasonably well against other UK nations. As stated above, 24.5% of children were living in poverty in Scotland in 2021/22. At the same time, in England this rate was 30.8% and Wales 27.9%. In Northern Ireland rates were better at 22.2%. During the ten-year period between 2012 and 2022 levels of child poverty have risen in both Scotland (3.0%) and England (2.6%), whereas in Wales and Northern Ireland have fallen by 4.4% and 4.3% respectively. Unfortunately, national poverty data does not provide any insight into the levels of poverty within authorities. By using a range of both national and local data, this report aims to show estimated levels of poverty/household financial vulnerability for the smaller geographies in Moray. The level of poverty in Moray, as published in national data, shows 1 The definition of poverty in this report relates to Relative Poverty / Child Poverty – described as: People / Children living in households whose equivalised income is below 60% of UK median income in the same year after housing costs (AHC). 2 Official Census and Labour Market Statistics (NOMIS) Item 13. Page 99
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24.1% of Moray children, in 2021/22 were living in poverty. The analysis carried out for Data Zone3 geographies of Moray shows that estimated levels of poverty range from 0% to 64.8%. METHODOLOGY Poverty is predominantly based on available household income, as such most of the data sets used to estimate levels in Moray, are based on benefits and advice services relating to income. In addition to income-based data, Scottish Index of Multiple Deprivation (SIMD2020) data has been included in the analysis, but cognisance should be taken in reference to SIMD2020 data as it identifies geographic areas where deprivation is highest, it does not identify households or individuals. The National Records of Scotland (NRS) was used to provide household, population and urban/rural contextual data. Children Living in Low-income Families data, for the period 2021/22, was extracted at 0-15 age range. National Child Poverty data, at Local Authority level, provides a combined figure for children aged 0-15, and 16–19-year-olds, if they remain within non-higher education. As no figure is available for the number of children remaining in education it is not possible to make population comparisons. To allow for direct comparisons with population data, the 0-15 range has been used in calculations to estimate Child Poverty. The data sources used, both national and local, are detailed in Appendix 1. Scotland is divided into a number of smaller geographies, from Postcodes4 to Output Areas5 to Data Zones and then to Intermediate Zones6, before reaching Local Authority level. Data has been extracted from sources at a variety of geography sizes and accumulated to both Data Zone and Intermediate Zone level. For some data sets it was possible to isolate child data, for example the Moray Food plus provides data for claimants by age of all individuals living household, allowing for a more specific analysis. Unfortunately, there are insufficient data sets to allow the compilation of tables which would provide analysis solely for children living in households. All data was transferred into an Excel Workbook with a field for every element of data. Data was standardised to a percentage by using population data for the geographic areas. Each data field was then ranked (1-126) with ranking 1 being the worst value. No weighting was applied to any field with all treated equally. To provide an overall ranking for each data zone all field rankings were totalled. With the exception of SIMD2020, data is from the period 2021-2023 (Source dependent). All data used was from the most recent time period available. A special thanks to all the providers of local data, without which it would not have been possible to produce such a detailed Poverty/household financial vulnerability information within Moray. DATA LIMITATIONS It is recognised that other factors can have an impact on household finances such as: • Increased transport costs and access to public transport. • Increased food prices in more rural areas. • Access to mains gas and cost of alternative fuels. • Properties in the most rural locations have a higher proportion of older, less well insulated, dwellings. These factors could have a major bearing on rural poverty, however data is not available at smaller geography level and where it does exist at Local Authority level is significantly outdated and would not contribute to the analysis. 3 A data zone contains between 500 to 1,000 people. They are made up from groups of census output areas. There are 126 Data Zones in Moray. 4 Each postcode covers an average of 15 properties. Over 6,100 postcodes exist in Moray. 5 Census Output Areas (OAs) and Super Output Areas (SOAs) are geographical areas developed from Census 2001 information. OAs are the smallest unit, covering around 125 households. 6 Larger geographical areas containing an average of around 4,000 people. There are 24 Intermediate Zones in Moray. Page 100
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TABLES Intermediate Zone level was chosen to as the preferred geography to display the data within the main table (Table 2) as it shows the extent of poverty/ financial vulnerability in one table with 24 rows, as opposed to Data Zone level where data would be in 126 rows. Where data relates to Moray, comparator authority data has been used to provide context. The data listed in Table 2 is ranked from top to bottom in order of accumulated score ranking, with the highest levels of poverty/ financial vulnerability at the top. For ease of reading, the accumulated scores are not provided within the tables. The columns with ‘Child Poverty Estimates’ do not always flow sequentially from most to least; this is due to the use of accumulated scores as a ranking measure as opposed to ‘Estimated Child Poverty’. Where available comparisons are made with data in the previous report to show changes in levels and rankings. TABLE 1: URBAN / RURAL DEMOGRAPHICS OF MORAY Moray is classed as a rural Local Authority. Nationally 17% of the population live in rural locations, in Moray the figure is significantly higher at 41.3%. In Moray, 39.3% of children aged 0-15 live in rural locations, indicating a lower population density living rurally for this age group. Of the 9,679 children living in urban areas, 2,539 (26.2%) are estimated to be living in Child Poverty. In comparison, the figure for those living rurally is lower at 20.9% (1,310). As Table 1 shows of the percentage of all child poverty in Moray, 66% of these children live in urban areas. As this figure is higher than the general population demographics for this age group, it is fair to say that child poverty levels are higher in urban areas. Table 1: Urban / Rural population demographics Urban / Rural Population Demographics in Moray Population 0-15 Data Zones Estimated Child Poverty Number % Number % Number % Number % % of all Poverty Urban 56,562 58.7% 9,679 60.7% 75 59.5% 2,539 26.2% 66.0% Rural 39,848 41.3% 6,262 39.3% 51 40.5% 1,310 20.9% 34.0% TOTALS 96,410 15,941 126 3,849 24.1% Page 101
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TABLE 2: ANALYSIS BY INTERMEDIATE ZONE Moray has 24 Intermediate Zones with an average population of 4,000 residents and an average of 664 children aged 0-15. The top seven ranked Intermediate Zones are all urban and whilst having 31.1% of the 0-15 population, they also have 43.3% (1,666/3,849) of all Moray children estimated to be living in poverty. The average SIMD2020 decile ranking7 shows that both the most and least deprived areas are urban. The average ranking for all urban Intermediate Zones is 6, with rural Intermediate Zones ranking 7, showing urban Intermediate Zones as more deprived and evidencing the linkages between deprivation and poverty. These average Intermediate Zone rankings are based on the aggregation of Data Zone rankings and don’t show the differences between urban and rural areas as accurately as Data Zone level data does. Urban areas of Moray have 10 Data Zones within the most 30% (Deciles 1-3) deprived areas of Scotland. Conversely rural areas have only one. Of the 24 Intermediate Zones, rankings for eight have worsened, seven have improved and nine have remained the same since the initial analysis was carried out in late 2022. The top seven Intermediate Zones remain the same, but Elgin Cathedral to Ashgrove and Pinefield has replaced Forres South West and Mannachie as having the lowest accumulated score. Although this would appear to show little change from the previous year the estimated levels of poverty/ financial vulnerability have increased significantly in all but five Intermediate zones. The percentage change in Estimated Relative Child Poverty is expressed as an increase or decrease from the number of children recorded in the previous year (2020/21). Significant rises have been witnessed in Elgin Cathedral to Ashgrove and Pinefield (12.1%) and Lossiemouth East and Seatown (13.6%). Overall, the data shows the estimated number of children aged 0-15 living in poverty has increased by 470 children (13.9%) between 2020/21 and 2021/22. Table 2 - Poverty/ Financial vulnerability in Moray by Intermediate Zone INTERMEDIATE ZONES (HOUSEHOLD DATA) IN ORDER OF OVERALL RANKING (1=WORST, 24=BEST) Ranking Intermediate Zone Name ASG Area Average Urban/Rural 2-Fold8 Total 0-15 Population Average SIMD2020 Decile Previous Ranking Change in Ranking % Estimated Relative Child Poverty 2021/22 Estimated number of Children (0- 15) in Relative Child Poverty 2021/22 % Change in Estimated Relative Child Poverty Increase/Decrease in number of Children (0- 15) in Relative Child Poverty 2020/21 - 2021/22 1 Elgin Cathedral to Ashgrove and Pinefield Elgin Academy 1 722 4 3 2 40.2% 290 12.1% 88 2 New Elgin East Elgin High School 1 811 5 2 - 37.5% 304 1.5% 12 2 Forres South West and Mannachie Forres Academy 1 812 5 1 -1 34.4% 280 1.2% 10 4 Buckie Central East Buckie High School 1 602 5 4 - 32.4% 195 1.0% 6 5 Keith and Fife Keith Keith Grammar School 1 681 5 5 - 33.1% 226 2.4% 16 6 Elgin Bishopmill East and Ladyhill Elgin Academy 1 527 5 6 - 29.9% 157 6.2% 33 7 Lossiemouth West Lossiemouth High School 1 805 6 7 - 26.6% 214 6.3% 51 8 Cullen, Portknockie, Findochty, Drybridge and Berryhillock Buckie High School 2 843 7 9 1 30.9% 261 4.1% 35 9 Fochabers, Aultmore, Clochan and Ordiquish Milne's High School 2 444 6 8 -1 23.0% 102 -0.8% -3 10 Lhanbryde, Urquhart, Pitgavney and seaward Elgin Academy 2 610 6 13 3 24.3% 148 4.5% 27 11 Buckie West and Mains of Buckie Buckie High School 1 860 6 12 1 17.2% 148 4.7% 41 12 Mosstodloch, Portgordon and seaward Buckie High School 2 489 7 11 -1 21.6% 106 1.3% 6 13 North Speyside Speyside High School 2 533 7 16 3 19.8% 106 0.5% 3 14 South Speyside and the Cabrach Speyside High School 2 628 6 10 -4 21.7% 136 -2.1% -13 15 New Elgin West Elgin High School 1 694 7 15 - 19.3% 134 1.5% 10 16 Lossiemouth East and Seatown Lossiemouth High School 1 454 7 17 1 22.3% 101 13.6% 62 17 Forres Central East and seaward Forres Academy 1 396 7 14 -3 19.3% 76 3.1% 12 18 Findhorn, Kinloss and Pluscarden Valley Forres Academy 2 675 7 18 - 27.2% 183 5.3% 36 19 Rural Keith and Strathisla Keith Grammar School 2 508 6 19 - 19.0% 96 -0.1% -1 20 Heldon West, Fogwatt to Inchberry Milne's High School 2 1234 6 23 3 16.2% 200 3.1% 38 21 Elgin Bishopmill West and Newfield Elgin Academy 1 588 7 22 1 17.2% 101 7.1% 42 22 Rafford, Dallas, Dyke to Dava Forres Academy 2 744 7 20 -2 16.4% 122 0.3% 2 23 Burghead, Roseisle and Laich Lossiemouth High School 2 844 8 21 -2 16.0% 135 -1.0% -9 24 Elgin Central West Elgin Academy 1 437 9 24 - 6.2% 27 -7.6% -33 TOTALS 15,941 24.1% 3,849 470 7 SIMD2020 ranks every Data Zone from Decile 1 to 10, with 1 having the highest levels of deprivation. An average is taken from the Data Zone total to provide an Intermediate Zone average. 8 Average urban / Rural figures within the table are a guide. As the data if factored from Data Zones into Intermediate Zones these, are rounded averages. Accurate figures for Urban / Rural divide are provided in Table 1 Page 102
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TABLE 3: SIMD2020 MORAY FROM A NATIONAL PERSPECTIVE SIMD2020 provides a ranking for all of Scotland’s 6,976 Data Zones, allowing for comparisons with other Scottish Local Authorities. Nationally, Moray is not seen as a deprived Local Authority as the majority of the population (51.8%) live in the 40% least deprived areas. In comparison, Scotland has a smaller proportion (41.2%) living in the 40% least deprived areas. The colour coding in the in Table 3 provides a visual of highs and lows (Red – Green). From a national perspective, 7.8% of the 0-15 population in Moray live in the 30% most deprived (Deciles 1-3) areas, yet 14.5% of all children in poverty live in these areas. In contrast, the 30% least deprived of areas (Deciles 8-10) have almost four times more children but 16.2% of all children living in poverty, evidencing the strong linkages between deprivation and poverty. Although poverty density is higher in the most deprived areas, the vast majority (85.5%) of children in poverty live out with the most deprived areas. This would appear to beg the question as to whether it is better to direct resources to areas with the highest need but with the smallest proportion of children in poverty or, direct the same resources more widely to mitigate poverty for the vast majority of children. It doesn’t however show what Moray looks like internally. Table 3 -Population and child poverty by SIMD2020 Decile (National Rankings) POPULATION DATA BY SIMD2020 DECILE (1= MOST DEPRIVED, 10= LEAST DEPRIVED) SIMD DECILE % of DATAZONES % of POPULATION % of 0-15 (OVERALL) population % of 0-15 (DECILE) population) Estimated number of Children (0-15) in Relative Child Poverty 2021/22 % Estimated Relative Child Poverty by SIMD Decile 2021/22 1 0.8% 0.7% 1.0% 24.8% 65 39.9% 2 2.4% 2.0% 2.2% 18.3% 166 47.3% 3 5.6% 4.6% 4.6% 16.5% 328 44.8% 4 11.1% 9.2% 10.1% 18.1% 585 36.3% 5 13.5% 14.1% 14.7% 17.3% 757 32.3% 6 18.3% 17.7% 16.7% 15.6% 647 24.4% 7 22.2% 20.7% 20.0% 16.0% 678 21.3% 8 14.3% 17.8% 17.7% 16.4% 436 15.5% 9 5.6% 6.4% 6.3% 16.3% 89 8.9% 10 6.3% 6.9% 6.8% 16.3% 99 9.1% TABLE 4: MORAY INTERNAL DEPRIVATION The national perspective can only show how Moray compares with other areas in Scotland, it is not able to provide an internal picture of Moray. Using the same approach as SIMD2020, but applying it internally to Moray’s 126 data zones, provides a more accurate picture of deprivation within Moray. By ranking each of Moray’s Data Zones from 1-126 they can be placed into ‘Moray’ Deciles (10% of Data Zones per Decile), showing the internal deprivation of Moray. By doing so, in theory, it would be expected that 10% of the population would live in each decile. Deciles 1-7 broadly follow this Population distribution, but err on the lower side, whereas deciles 8-10 do not, they all have higher population levels than would be expected. The 0-15 population follow a similar trend with a higher proportion living in the 30% least deprived in comparison to those in the 30% most deprived. These two factors show that even internally, Moray is inclined to be less deprived. As with the national perspective, the population density locally is weighted towards those in the 30% most deprived. Families living in the most deprived areas are more likely to have more children and there is a higher likelihood of single parent families. The most significant difference between the national and local perspective is the number of children estimated to be living in poverty in the most deprived areas of Moray, these children are not evenly distributed within deciles. 48% of all Moray children estimated to be living in poverty are living in the 30% most deprived of areas of Moray, in stark contrast to the 14.5% identified by using the national SIMD ranking. Both the number and proportion of children estimated to be living in poverty show a uniformed trend with more children and an increasing proportion living in poverty as levels of deprivation increase. Contrary to the indication of ’whether it is better to direct resources to areas Page 103
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with the highest need but with the smallest proportion of children in poverty or, direct the same resources more widely to mitigate poverty for the vast majority of children.’ raised by analysis at a national perspective, the local perspective analysis shows the justification to direct resources to the areas of highest deprivation, as this is where the greatest impact of mitigating poverty can be made. Table 4 - Moray Internal Deprivation POPULATION DATA BY MORAY RANKING (1= MOST DEPRIVED, 10= LEAST DEPRIVED) SIMD DECILE % of DATAZONES % of POPULATION % of 0-15 (OVERALL) population % of 0-15 (DECILE) population) Estimated number of Children (0-15) in Relative Child Poverty 2021/22 % Estimated Relative Child Poverty by Moray Ranking 2021/22 1 10.0% 9.0% 10.4% 19.0% 758 45.7% 2 10.0% 9.3% 10.9% 19.3% 625 36.0% 3 10.0% 8.7% 8.6% 16.4% 463 33.7% 4 10.0% 8.8% 8.8% 16.5% 367 26.1% 5 10.0% 9.8% 9.1% 15.3% 407 28.1% 6 10.0% 10.0% 8.7% 14.5% 309 22.2% 7 10.0% 9.0% 9.2% 16.8% 284 19.4% 8 10.0% 12.8% 13.4% 17.3% 324 15.1% 9 10.0% 10.6% 9.1% 14.2% 186 12.8% 10 10.0% 11.9% 11.8% 16.4% 127 6.8% Figure 1 shows the distribution of children living in poverty within Moray and the number of children in poverty in each Moray decile. There are almost three times more children in poverty living in the 30% (1,846) most deprived areas than there are living in the 30% (637) least deprived. The linkages between deprivation and poverty are clear, as Internal deprivation decreases so does proportionate poverty. This provides the strongest argument for directing resources to mitigate the impact of poverty towards those areas of highest deprivation within Moray. Figure 1 - Poverty & Internal Deprivation Relationship 758 625 463 367 407 309 284 324 186 127 24.1% 45.7% 6.8% 0 100 200 300 400 500 600 700 800 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 1 2 3 4 5 6 7 8 9 10 Poverty & Internal Deprivation Relationship Estimated number of Children (0-15) in Relative Child Poverty 2021/22 Moray % Poverty % Estimated Relative Child Poverty by Internal Deprivation 2021/22 Page 104
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FIGURES 2, 3 & 4: MORAY VS COMPARATOR AUTHORITIES Figure 2 shows where Moray ranks in relation to its Comparator Authorities. In 2021/22 Moray ranks as the second highest within our comparator group. This differs significantly from ranking sixth highest in 2014/15. None of our comparator authorities have declined in nationwide ranking to the same extent as Moray over the period. East Lothian has seen the largest change in ranking, from having the highest levels of poverty in 2014/15 it now has the second lowest in the comparator group. What has happened in East Lothian that hasn’t happened in Moray? Stirling had the lowest level of poverty in 2014/15 and still has the lowest levels within our comparator group. Figure 2 - Moray vs Comparator Authorities (% Poverty) As Figure 3 shows, the year-to-year poverty trend is not uniformed, unpredictable external factors can have a huge influence on levels, as can be seen from the dip in poverty during the pandemic (2020/21). As such Predicting/ Forecasting poverty levels are only estimates. The estimates shown in Figure 3 are based upon a 3-year rolling average over the period from 2014-22 and projecting these averages forward to 2030. Factoring in these averages, estimated levels in Moray in 2030 (25.6%) will be 3% higher than our comparator median. If the cost of living continues to rise, it is likely that child poverty will rise at a rate greater than currently forecast. Ranking Scotland 24.5% 1 Angus 24.2% 2 Moray 24.1% 3 Scottish Borders 23.4% 4 Highland 22.8% 5 Midlothian 22.7% 6 Argyll & Bute 21.7% 7 East Lothian 21.1% 8 Stirling 20.8% 22.7% 22.6% 24.1% 25.6% 15% 17% 19% 21% 23% 25% 27% 29% Poverty Forecast, based on 3-year average trend (2014/22) Comparator Median Moray Comparator Predicted Forecast Moray Predicted Forecast Figure 3 - Poverty Forecast 2022/23 - 2029/30 Page 105
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Figure 4 shows how child poverty levels have changed between 2014 and 2022 within our comparator authority group. Over this period child poverty in Moray has risen at a greater rate (3.2%) in comparison with the average rise within our comparators (1.3%). The darker map colours highlight the extent of the rises for Moray and our comparator authorities. Figure 4 - Moray vs Comparator Authorities (Change in Poverty 2014-22) Ranking Scotland 2.9% 1 Moray 3.2% 2 Angus 2.5% 3 Scottish Borders 2.5% 4 Highland 1.4% 5 Stirling 1.2% 6 Argyll & Bute 1.1% 7 Midlothian 0.9% 8 East Lothian -0.8% Page 106
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FIGURES 5 & 6: HOW DOES COMPARE WITH ALL SCOTTISH LOCAL AUTHORITIES Poverty in Scotland varies significantly, comparator authorities are highlighted in blue within the supporting table. One in three children in Glasgow city are in poverty compared with one in seven in East Renfrewshire, yet the two authorities share a border. Moray, in 2021/22 is placed as having the 14th highest levels of child poverty of Scotland’s 32 Local Authorities, this is in stark contrast to being placed 20th in 2014/15. From having a rate 0.8% less than Scotland in 2014/15 the difference has narrowed to 0.4% 2021/22. SIMD2020 data shows that in Moray 7.8% of the 0- 15 population live in the 30% most deprived areas of Scotland, nationally the figure is 26%. Figure 5 - Moray vs All Scottish Local Authorities (% Poverty) Ranking Scotland 24.5% 1 Glasgow City 32.0% 2 North Ayrshire 29.0% 3 Clackmannanshire 28.3% 4 West Dunbartonshire 27.6% 5 East Ayrshire 27.2% 6 Dundee City 27.1% 7 North Lanarkshire 26.6% 8 Fife 26.1% 9 Dumfries and Galloway 26.0% 10 Falkirk 25.3% 11 South Ayrshire 24.4% 12 Inverclyde 24.4% 13 Angus 24.2% 14 Moray 24.1% 15 West Lothian 23.9% 16 Scottish Borders 23.4% 17 Renfrewshire 23.3% 18 South Lanarkshire 22.8% 19 Highland 22.8% 20 Midlothian 22.7% 21 Perth and Kinross 21.9% 22 Argyll and Bute 21.7% 23 East Lothian 21.1% 24 Stirling 20.8% 25 Aberdeen City 20.5% 26 Orkney Islands 20.1% 27 Western Isles 19.8% 28 City of Edinburgh 19.5% 29 Aberdeenshire 16.0% 30 Shetland Islands 15.4% 31 East Dunbartonshire 14.9% 32 East Renfrewshire 14.4% Page 107
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Figure 6 shows how child poverty levels in Scotland have changed between 2014 and 2022 for Local Authorities. Moray has witnessed the 8th highest increase over this period. With the exception of Dundee City all other authorities with higher increases are within the central belt. CONCLUSION Child poverty in Moray is on a rising trend and at 24.1% in 2021/22 is the highest level recorded between 2014 and 2022. In 2021/22, there was an estimated 3,849 children aged 0-15 living in ‘Relative Poverty’, an increase of approximately 470 children from the previous year. Poverty is defined by available household income, if a child is in poverty any adult in the household is also in poverty. If the Scottish average poverty proportions for working aged adults and pensioners were to be applied to the population of Moray in 2021/22, there were an estimated 19,455 people living in poverty, 20.2% of the population. The ‘Bounce back’ from the initial COVID pandemic period (2020/21) is the likely cause of the significant increase between 2020/21 and 2021/22, the largest annual rise recorded within the period. If this period were to be excluded child poverty would show a more uniformed rising trend. Moving forward, the increase in the cost of living since 2021/22 is likely to have an impact in 2022/23 and 2023/24, so it would be no surprise if poverty levels in these years exceed forecast levels. Ranking Scotland 2.9% 1 Glasgow City 4.9% 2 West Dunbartonshire 4.2% 3 North Ayrshire 4.2% 4 Clackmannanshire 4.1% 5 Renfrewshire 4.0% 6 Inverclyde 3.5% 7 Dundee City 3.3% 8 Moray 3.2% 9 Angus 3.1% 10 East Ayrshire 2.8% 11 North Lanarkshire 2.7% 12 Dumfries and Galloway 2.7% 13 Falkirk 2.7% 14 West Lothian 2.6% 15 Fife 2.5% 16 Scottish Borders 2.5% 17 Western Isles 2.3% 18 Shetland Islands 2.1% 19 Perth and Kinross 2.0% 20 South Ayrshire 1.8% 21 Aberdeen City 1.8% 22 Highland 1.4% 23 South Lanarkshire 1.3% 24 Stirling 1.2% 25 Argyll and Bute 1.1% 26 Midlothian 0.9% 27 City of Edinburgh 0.9% 28 Aberdeenshire 0.4% 29 Orkney Islands -0.2% 30 East Dunbartonshire -0.3% 31 East Renfrewshire -0.5% 32 East Lothian -0.8% Figure 6 - Moray vs All Scottish Local Authorities (% Poverty) (Change in poverty 2014-22) Page 108
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APPENDIX 1: DATA SOURCES NATIONAL SOURCES 1. National Records of Scotland (NRS): Mid-year population estimates by Data Zone, 2021 2. National Records of Scotland (NRS): Small area household estimates by Data Zone, 2021 3. Department of Work and Pensions (DWP) Stat-Xplore: Children living in Low Income Families, 2021/22 4. Department of Work and Pensions (DWP) Stat-Xplore: Carers Allowance, July 2023 5. Department of Work and Pensions (DWP) Stat-Xplore: Disability Living Allowance (DLA), July 2023 6. Department of Work and Pensions (DWP) Stat-Xplore: Personal Independence Payment (PIP), July 2023 7. Department of Work and Pensions (DWP) Stat-Xplore: Universal Credit, July 2023 8. Department of Work and Pensions (DWP) Stat-Xplore: Pension Credit, July 2023 9. Scottish Index of Multiple Deprivation (SIMD), 2020 10. End Child Poverty, 2021/22 11. Official Census and Labour Market Statistics (NOMIS), December 2023 LOCAL SOURCES (BENEFITS AND MONEY ADVICE SERVICE) 12. Council Tax Reduction (CTR), 2022/23 13. Housing Benefit (HB), 2022/23 14. Flexible Food Fund (FFF), 2022/23 15. Free School Meals (FSM) SEEMIS Snapshot, June 2023 16. MAMS Income Maximisation (IM), 2023/23 17. MAMS Money Advice (MA), 2022/23 18. MAMS Welfare Benefits (WB), 2022/23 19. Discretionary Housing Payments (DHP), 2022/23 20. Education Maintenance Allowance (EMA), 2022/23 21. Scottish Welfare Fund (SWF), 2022/23 22. Crisis Grants, 2022/23 23. Community Care Grants, 2022/23 24. Moray Food Plus, 2022/23 Page 109
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1 CORPORATE POVERTY ACTIONS Report Type: Actions Report Generated on: 02 August 2024 Action Status Cancelled Overdue; Neglected Unassigned; Check Progress Not Started; In Progress; Assigned Completed 1. REDUCE CHILD POVERTY AND INEQUALITIES IN ICOMES, HEALTH AND EDUCATION Overall Plan Progress Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon POVERTY- CORP-MC Corporate MC Actions 31-Mar- 2029 7% Item 13. Page 111
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2 2. CHILDREN'S SERVICES 2.1 What poverty looks like in Moray is understood by all Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PCSP23- 26-F-P01 Establish Data Set (Partnership?) Dataset is informing improvement activity. 31-Mar- 2025 0% PCSP23- 26-F-P02 Monitor data (Partnership?) Dataset is informing improvement activity. 31-Mar- 2026 0% 2. CHILDREN'S SERVICES 2.2 Parents claim all of welfare benefits they are entitled to and do not feel stigmatised when seeking support. Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PCSP23- 26-F-P03 Map & Promote support (Partnership?) 1. Children, young people and parents report they are aware of support available and feel able to access it. 2. Child Poverty Group and Locality Network members can clearly articulate the support available. 31-Mar- 2026 0% PCSP23- 26-F-P04 Develop and implement a financial inclusion pathway (Partnership?) Increase in sign posting and referrals to supports available. 31-Mar- 2024 0% PCSP23- 26-F-P05 Evaluate impact of the financial pathway (Partnership?) Dip sample of family’s experience of accessing support. 31-Mar- 2026 0% PCSP23- 26-F-P06 Extend evaluation pathway (Partnership?) Dip sample of family’s experience of accessing support. 31-Mar- 2026 0% PCSP23- 26-F-P08 Embed Income Maximisation support (Partnership?) Families entitled to benefits will have a financial gain to household income. 31-Mar- 2026 0% Page 112
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3 2. CHILDREN'S SERVICES 2.3 The impact of poverty on children and young people is minimised whilst opportunities for wellbeing and attainment are maximised. Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PCSP23- 26-F-P16 Improve joint working between Child Poverty Group and Transport and Housing Departments (Partnership?) Impact of improvement activity. 31-Mar- 2025 0% PCSP23- 26-F-P17 Build improvements into revised transport and housing policies and strategies (Partnership?) Impact of improvement activity. 31-Mar- 2026 0% 2. CHILDREN'S SERVICES 2.4 Young adults and parents experience no poverty related barriers to entering and sustaining learning, training and employment Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PCSP23- 26-F-P21 Further develop and upscale affordable, wrap around childcare throughout Moray (Partnership?) 1. Parental feedback and case studies on the impact of School aged childcare 2. Increase in household income 31-Mar- 2026 0% 3. ECONOMIC GROWTH AND DEVELOPMENT Poverty Related Actions Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PEGD25- 4.3 Enable more people to work by supporting access to affordable childcare 1 Minimise barriers to people working such as childcare 31-Mar- 2025 0% Page 113
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5 4. EDUCATION Poverty Related Actions Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PEDU 2024-25 STRA 1.1 Early intervention addressing whole family well-being to ensure that children can reach their full potential 1 Planned Outcome - Improved attainment at both Broad General and Senior Phase identified through ACEL and LGBF measures Outcome Measures - Literacy and numeracy attainment gap (P1, P4 and P7 combined) – percentage point gap between the least and most deprived pupils (LGBF CHN14a / CHN14b) (Corp.Plan) Percentage of P1, P4 and P7 pupils combined achieving expected CFE level in literacy and numeracy (LGBF CHN13a / CHN13b) (Corp Plan / Core Stretch Aim) 30-Jun- 2025 0% PEDU 2024-25 STRA 1.2 Getting it right for every child so that we continue to improve attainment for all 1 Planned Outcome - Improved attainment at both Broad General and Senior Phase identified through ACEL and LGBF measures Outcome Measures - Percentage of school leavers gaining 5+ awards at levels 5 and 6 (LGBF CHN6 / CHN7) (Corp Plan) Leavers achieving 1+ @ SCQF Level 5 / Level 6 (Core Stretch Aim) Overall average total tariff (LGBF CHN12a) (Corp Plan) Percentage of pupils entering positive destinations (LGBF CHN11) (ASN leavers / LAC leavers) (Corp Plan) Annual Participation Measure (Core Stretch Aim) 30-Jun- 2025 0% Page 115
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7 5. EDUCATION RESOURCES AND COMMUNITIES Poverty Related Actions Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PSERV ERC 1.1 24-27 Youth Work staff deliver targeted sessions in partnership with school to address health and wellbeing issues and/or Employability activities in S3. 2 1. Working together to make the biggest difference to the outcomes for people in Moray. 2. Young people are more ready to enter employment, training or college 3. Young people participate in informal learning programmes they have co- designed and as a result have increased attendance at school. 31-Mar- 2026 Q1 2024/25 - Many Pathways groups have come to an end as young people move into 4th year. Youth Work Team will continue to engage with these young people through Core Youth Work or the new Outreach youth workers and Employability Youth Work Team who will join us for the start of Autumn term.. The Youth Work offer is changing to adapt to needs and will focus more on Health and Wellbeing through work in schools and community, this will encompass Pathways and Transition work. Summer programme started in last week of this quarter with 35 yp from across Moray attending first 2 sessions. A total of 659 young people were involved with the team this quarter with a total of 236 sessions being delivered in schools and community. 0% PSERV ERC 1.2 24-27 Outreach youth workers are employed in Buckie, Forres, Keith and Elgin to pilot work in school and in the community with young people who are not fully engaged in learning. 2 31-Mar- 2026 Q1 2024/25 - Before recruiting for these posts, the service had to fill a long-standing vacancy for a CLD Worker which was successfully filled. The four Outreach Youth Workers have also been recruited and will be in place before the new school term starts. These posts will work closely with existing Youth Workers and Youth Work partners to develop opportunities for young people not engaging in education within their communities. 0% PSERV ERC 2 24- 27 Lead on the delivery of the 'Moray Multiply' programme 2 Learners are able to access learning opportunities that improve their confidence with numbers in everyday life and within their workplace. 31-Mar- 2025 Q1 2024/25 - Community Learning and Development (CLD) have a total of 40 active learners in Multiply. A very successful My Bank training course has helped with participants being identified with lived experience of the care system and through The Champions Board. The focus was on practical finance and preparing for a tenancy. The five participants completed the weeklong programme and secured a Level 4 Personal Finance Award. UHI Moray figures (not included last quarter) show an increase of 61 to a total number of 121 learners. Of these 20 have had results confirmed and have achieved their qualification with a further 101 results to be confirmed. 63% Page 117
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8 The CSU worked with the charity National Numeracy to train champions – people who work in public settings and who are able to identify and support or signpost people who have low confidence with numbers. Other partners like Enable, LEAD Scotland and the Salvation Army are delivering individual and group sessions and funding has been awarded to the Lossie 2-3 Group and Library service to further widen the Multiply offer in Moray. PSERV ERC 7.1 24-27 Embed the Changing Lives approach across relevant workstreams 2 1. Improved health, wellbeing and resilience in our communities 2. Young people have access to high quality services that support their learning, wellbeing and independence. 3. Local residents can participate in sport and culture opportunities to develop their skills and confidence 31-Mar- 2025 Q1 2024-25 – Changing Lives work in Q1 has prioritised sessions for school pupils experiencing neurodiversity and additional support needs, wellbeing and anti-social behaviour. The Libraries team are also using the changing lives approach to commence adult digital numeracy sessions. 63% 6. GOVERNANCE, STRATEGY AND PERFORMANCE Poverty Related Actions Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PGSP 2024-25 DT&E 1.4 Benefits / Money Advice: Develop Benefits e-form 2 Planned Outcome - Service efficiency savings. Improved customer service Outcome Measures - % of total applications successfully completed through e-form. Reduction in application processing time. 31-Dec- 2024 0% PGSP 2024-25 DT&E 1.5 Benefits / Money Advice: Establish whether there is a viable case for further centralisation of means testing 3 Planned Outcome - Determine whether a staffing efficiency and maximisation of council resources is achievable Outcome Measures - Completion of business case 31-Dec- 2024 0% Page 118
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9 7. HOUSING AND PROPERTY Poverty Related Actions Action Code Action Title Priority Desired Outcome Due Date Latest Status Update Progress Status Icon PHP25-4.1 Delivery of the Housing. Investment and Affordable Housing Supply programmes Increase in affordable housing available in Moray 31-Mar- 2025 0% Page 119
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Poverty Indicators 2023/2024 Generated on: 05 August 2024 PI Status Alert Warning OK Unknown Data Only Long Term Trends Improving No Change Getting Worse Short Term Trends Improving No Change Getting Worse 2. CHILDREN'S SERVICES 2.1 What poverty looks like in Moray is understood by all Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value CHN24 Nat(b) Proportion of children living in poverty (after housing costs) 23.1% 23.9% Not Published Not Published Not measured for Quarters Not measured for Quarters Moray- 23.9% (Ranked 16/32 Nationally and 2/8 within Comparator Group, where 1 denotes the highest levels of poverty) Ranking Change Moray 2014/15 - 2022/23 = Ranking 6/8 to 2/8 (Decline, +3.1%) Item 13. Page 121
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value 2021/22 - 2022/23 = Ranking No Change, (Improvement, -0.2%) Comparator Benchmarking Authorities: Angus – 24.9% Argyll & Bute – 23.5% East Lothian – 21.3% Highland – 23.3% Midlothian – 23.2% Scottish Borders – 23.6% Stirling – 20.8% Scotland - 21.8% Family Group Average 23.1 % POV1.0 Local Difference between Highest and Lowest Levels of Estimated Poverty in Moray (Intermediate Zones) 25% NA NA NA Not measured for Quarters Not measured for Quarters Locally in Moray Highest Intermediate Zone: Elgin Cathedral to Ashgrove and Pinefield 40.2% Lowest Intermediate Zone: Elgin Central West 6.2% Difference - 34% Nationally Highest Levels (Local Authority): Glasgow 32.0% Lowest Level (Local Authority): East Renfrewshire 14.4% Difference - 17.6% 3. ECONOMIC GROWTH AND DEVELOPMENT Poverty Related Indicators Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value ECON01 Nat(b) % Unemployed People Assisted into work from Council operated / funded Employability Programmes 14.1% 10.1% Not Published Not Published Not measured for Quarters Not measured for Quarters ECON01 2022-23 Percentage of Unemployed People Assisted into work from Council Programmes Moray 10.1% - Rank 24/32 Angus - 8.4% Argyll & Bute - 13.1% East Lothian - 15.3% Page 122
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value Highland - 9.7% Midlothian - 23.9% Scottish Borders - 5.1% Stirling - 26.8% Scotland Average 12.9% Family Group Average - 14.1% ECON07 Nat(b) SLAED-IG5 Proportion of people earning less than the living wage 12.8% 13.8% Not Published Not Published Not measured for Quarters Not measured for Quarters ECON07 2022-23 Proportion of people earning less than the living wage Moray 13.8% - Rank 15/32 Nationally Angus 14.5% Highland 8.2% Scottish Borders 14.5% Scotland Average 9.4% Family Group Average 12.8% ECON12 a Nat(b) SLAED-OC6 Claimant count as a % of working age population 2.5% 2.4% 2.2% Not Published Not measured for Quarters Not measured for Quarters ECON12a 2023-24 Claimant Count as a % of Working Age Population Moray 2.1% - Rank 6/32 Angus - 2.7% Argyll & Bute - 2.6% East Lothian - 2.4% Highland - 2.2% Midlothian - 2.2% Scottish Borders - 3.0% Stirling - 2.4% Scotland Average - 3.1% Family Group Average - 2.5% ECON12 b Nat(b) Claimant count as a % of 16-24 population 2.9% 3.5% 2.6% 2.4% Not measured for Quarters Not measured for Quarters ECON12b 2023-24 Claimant Count as % of 16- 24 Population Moray 2.4% - Rank 9/32 Angus - 4.2% Argyll & Bute - 2.8% East Lothian - 3.0% Highland - 2.3% Midlothian - 3.0% Scottish Borders - 3.4% Stirling - 2.5% Scotland Average - 3.5% Page 123
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value Family Group Average - 2.9% ENVDV2 70 Local Number of parents registered for assistance through Employability Partnership Data Only N/A 145 NA Data supplied by Progress for Parents project officer (Emma Sharpe) who notes the figure can only include parents registered as 'Single Parent' or 'Children Couple' on the system. 4. EDUCATION Poverty Related Indicators Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value CHN6 Nat(b) % of pupils from the 20% most deprived dreas gaining 5+ Awards at Level 5 (SIMD) Data Only N/A Not Published Not Published Not measured for Quarters Not measured for Quarters CHN7 Nat(b) % of pupils from the 20% most deprived areas gaining 5+ Awards at Level 6 (SIMD) Data Only 12% Not Published Not Published Not measured for Quarters Not measured for Quarters % of Pupils from 20% most Deprived Areas Gaining 5+ Awards at Level 6 (SIMD) MORAY - 12% (Ranked 26th) National - 22% Benchmarking Family Group - 15% Comparator Local Authorities - Angus - 16% Argyll & Bute - 15% East Lothian - 10% Highland - 13% Midlothian - 22% Scottish Borders - 14% Stirling - 19% CHN11 Nat(b) Proportion of pupils entering Positive Destinations 95.3% 95.1% Not Published Not Published Not measured for Quarters Not measured for Quarters Proportion of pupils entering positive destinations: MORAY - 95.1% (Ranked 22nd) Scotland - 95.9% Benchmarking Family Group - 95.3% Comparator Local Authorities - Angus - 94.4% Argyll & Bute - 95.1% Page 124
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value East Lothian - 96.3% Highland - 95.3% Midlothian - 95.3% Scottish Borders - 96.8% Stirling - 94.3% CHN12b Nat(b) Average Total Tariff SIMD Quintile 1 541 561 Not Published Not Published Not measured for Quarters Not measured for Quarters Average Total Tariff SIMD Quintile 1: Moray - 561 (Rank 21st) Scotland - 658 Benchmarking Family Group - 541 Comparator Benchmarking Authorities: Angus - 538 Argyll & Bute - 589 East Lothian - 492 Highland - 480 Midlothian - 590 Scottish Borders - 498 Stirling - 581 CHN12c Nat(b) Average Total Tariff SIMD Quintile 2 681 580 Not Published Not Published Not measured for Quarters Not measured for Quarters Average Total Tariff SIMD Quintile 2: Moray - 580 (Rank 31st) Scotland - 781 Benchmarking Family Group - 681 Comparator Benchmarking Authorities: Angus - 645 Argyll & Bute - 728 East Lothian - 697 Highland - 673 Midlothian - 688 Scottish Borders - 721 Stirling - 715 CHN14a Nat(b) Literacy Attainment Gap (P1,4,7 Combined) - percentage point gap between the least deprived and most deprived pupils Data Only 32.1 Not Published Not Published Not measured for Quarters Not measured for Quarters Literacy Attainment Gap (P1,4,7 Combined) - percentage point gap between the least and most deprived pupils: Moray 32.1 (Rank 29th) Scotland - 20.5 Benchmarking Family Group - 23.7 Comparator Benchmarking Authorities: Angus - 21.8 Argyll & Bute - 12.9 East Lothian - 23.3 Highland - 23.8 Midlothian - 21.2 Scottish Borders - 30.6 Page 125
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value Stirling - 23.8 CHN14b Nat(b) Numeracy Attainment Gap (P1,4,7 Combined) - percentage point gap between the least deprived and most deprived pupils Data Only 26.6 Not Published Not Published Not measured for Quarters Not measured for Quarters Numeracy Attainment Gap (P1,4,7 Combined) - percentage point gap between the least and most deprived pupils: Moray - 26.6 (Rank 28th) Scotland - 17.0 Benchmarking Family Group - 20.3 Comparator Benchmarking Authorities: Angus - 13.5 Argyll & Bute - 14.7 East Lothian - 23.6 Highland - 21.1 Midlothian - 14.6 Scottish Borders - 31.4 Stirling - 16.6 5. EDUCATION RESOURCES AND COMMUNITIES Poverty Related Indicators Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value ERC021a Local Number of participants involved in Changing Lives Programme 148 489 494 273 29 118 148 199 273 Significant increase in Q1 due to additional funding received which resulted in increased volume of partnership work focused on positive behaviours of young people across Moray ERC021 Local % Increase in number of participants in Changing Lives programmes 20% 171% 1% 220% -76% -3% 21% 53% 220% Target set at 148 participants/quarter representative of 10% increase on target set in 2023/24. In quarter 1, 273 participants were involved in the programme,showing a 220% increase based on average quarterly figure (124) recorded in 2023/24. ERC034 Local % increase in number of Multiply learners recorded in the Management Information System (Hanlon). 25% NA 78.6% 438% 0% 7% 66% 78.6% 438% % Increase = 438% - Although this figure is high it is a s a result of the long lead in time to develop projects with learners – so low numbers had been reported previously. Page 126
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value Previous Total recorded = 36 This Quarter – 194 CLD Numeracy learners have increased to 40 this quarter. UHI Moray figures (not included last quarter) show an increase of 61 to a total number of 121 learners. Of these 20 have had results confirmed and have achieved their qualification with a further 101 results to be confirmed. LEAD Scotland have worked with 70 learners in drop in sessions with 6 taking part in longer term coursework. ( the 6 have been included in the overall total only) Their approach of applying Numeracy to everyday life skills for their learners includes practical things such as understanding and being able to use bus timetables to support independent travel Enable have worked with 14 new learners this quarter – 9 of whom have achieved a Level 1 qualification. 14 Numeracy champions have been trained with National Numeracy. These people are not maths experts but people whose work with the public ERC035 Local Number of learners achieving a numeracy qualification. 10 NA NA NA Not measured for Quarters Not measured for Quarters This data will not become available until later in 2024. ERC037 Local % of Multiply learners report increased confidence in relation to numeracy 90% NA NA NA Not measured for Quarters Not measured for Quarters The full data set will not be available until later in 2024 when information has been gathered from all partners involved. ERC056a MI Number of young people accessing Active Schools activities in receipt of free school meals (Quarterly) Data Only NA NA New Indicator for 2024/25 6. GOVERNANCE, STRATEGY AND PERFORMANCE Page 127
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Poverty Related Indicators Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value ENVDV2 81 Local Scottish Welfare Funds - amount allocated (cumulative) Data Only £644,121 .00 £515,076 .00 £84,783. 00 £163,645 .00 £338,932 .00 £443,579 .00 £515,076 .00 £84,783. 00 ENVDV2 81a Local Scottish Welfare Funds - percentage of application awards Data Only 63.3% 63.4% 63.2% 67.5% 67.2% 61.8% 57% 63.2% ENVDV2 82 Local Discretionary Housing Payments - value awarded in year (cumulative) Data Only £628,647 .00 £741,789 .00 £799,233 .00 £643,798 .00 £701,844 .00 £709,205 .00 £741,789 .00 £799,233 .00 CORP9 Nat(b) % of Crisis Grant Decisions within 1 day 95.4% 97.8% 97.5% Not Published Not measured for Quarters Not measured for Quarters % of Crisis Grant Decisions within 1 Day (2023/24) Moray – 97.3% (Rank 15th) Scotland - 93.0% Comparator Benchmarking Authorities: Angus – 97% Argyll & Bute – 100% East Lothian - 88% Highland - 97% Midlothian - 99% Scottish Borders - 96% Stirling - 88% Benchmarking Family Average – 95.3% (target) CORP10 Nat(b) % of CCG Decisions within 15 day 92.5% 89.3% 99% Not Published Not measured for Quarters Not measured for Quarters % of CCG Decisions within 15 Day (2023/24) Moray - 99% (Rank 10th) Scotland - 91% Comparator Benchmarking Authorities: Angus – 83% Argyll & Bute – 100% East Lothian - 100% Highland - 98% Midlothian - 99% Scottish Borders - 93% Stirling - 68% Benchmarking Family Average – 92.5% CORP11 Nat(b) The proportion of Scottish Welfare Fund Budget Spent 115.2% 123.92% Not Published Not Published Not measured for Quarters Not measured for Quarters The proportion of SWF Budget Spent (2022/23) Moray – 123.9% (Rank 19th) Scotland - 130% Page 128
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value Comparator Benchmarking Authorities: Angus – 86.5% Argyll & Bute – 127.7% East Lothian - 191% Highland – 44.2% Midlothian – 106.7% Scottish Borders – 102.8% Stirling – 153.2% Benchmarking Family Average – 117% CORP12 Nat(b) Proportion of Discretionary Housing Payment Funding Spent 82.3% 79.77% Not Published Not Published Not measured for Quarters Not measured for Quarters The proportion of DHP Funding Spent Moray – 79.8% (Rank 28th) Scotland – 94.4% Comparator Benchmarking Authorities: Angus – 70.8% Argyll & Bute – 76.8% East Lothian – 81.1% Highland – 92.9% Midlothian – 87.3% Scottish Borders – 84.9% Stirling – 84.7% Benchmarking Family Average – 82.3% CPS070 MI Number of pupils in receipt of Free School Meals (benefits criteria) Data Only NA 1,436 1,378 1,338 1,471 1,411 1,436 1,378 CPS071 MI Number of pupils awarded an Educational Clothing Grant Data Only 1,519 1,578 1,193 1,163 1,443 1,531 1,578 1,193 Total awarded as at 30-06-2024 (697 households) CPS072 MI Number of pupils awarded Educational Maintenance Allowance Data Only 166 148 10 0 74 117 148 10 ENVDV3 01 MI Number of new Money Advice Cases Data Only 241 255 62 72 76 48 59 62 7. HOUSING AND PROPERTY Poverty Related Indicators Page 129
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Code Code Short Name Current Target 2022/23 2023/24 2024/25 Q1 2023/24 Q2 2023/24 Q3 2023/24 Q4 2023/24 Q1 2024/25 Latest Note Short Term Trend Arrow Status Value Value Value Value Value Value Value Value HSN05a Nat(b) Proportion of Council dwellings that are energy efficient 67% 62.1% 65.05% NA Not measured for Quarters Not measured for Quarters H1.10a Local Number of affordable housing completions at end of current FY 32 146 111 NA Not measured for Quarters Not measured for Quarters Clarification from Service that this is completions by all social housing developers not just TMC. Figures for 2024/25 will be availabe towards end of FY or beginning of next. H1.10b Local Number of site starts for affordable housing in current FY 100 NA NA NA Not measured for Quarters Not measured for Quarters Clarification from Service that this is site starts by all social housing developers not just TMC. Figures for 2024/25 will be availabe towards end of FY or beginning of next. Page 130
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: MORAY BRITISH SIGN LANGUAGE (BSL) PLAN 2024-2030 BY: DEPUTE CHIEF EXECUTIVE EDUCATION, COMMUNITIES AND OCCUPATIONAL DEVELOPMENT 1. REASON FOR REPORT 1.1 The Committee is invited to note the feedback from the consultation on the draft Moray British Sign Language (BSL) plan and consider and approve the amended Moray (BSL) Plan 2024-2030 (Appendix 1). 1.2 This report is submitted to Committee in terms of Section III (B) (41) of the Council's Scheme of Administration relating to Council wide policy, strategies, priorities and objectives in relation to cross cutting issues which do not fall within the remit of service committees such as equalities, poverty, armed forces, Brexit, immigration. 2. RECOMMENDATION 2.1 The Committee is invited to: - (i) note feedback from the consultation on the draft Moray BSL plan; and (ii) consider and approve the Moray British Sign Language (BSL) Plan 2024-2030 (Appendix 1). 3. BACKGROUND 3.1 BSL is a recognised language and is the first and preferred language of many deaf people in the UK. There is a distinction between those with a hearing loss who communicate in ways other than through BSL, referred to as ‘deaf’ with a small d. Those people who identify culturally as being deaf and part of the Deaf community are referred to as ‘Deaf’ with a capital D. When reference is made to both groups the term D/deaf is used. 3.2 British Sign Language is a language in its own right, with its own grammar. For many D/deaf people it is their first language. This means that most written information from Moray Council is difficult for D/deaf people to understand. BSL is also different from communication supports such as Makaton. Such supports are aimed at hearing people who have communication or learning Item 14. Page 131
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difficulties. But Makaton is not compatible to BSL and should not be seen as a stepping stone towards learning BSL. 3.3 The British Sign Language (Scotland) Act 2015 came into force in October 2015. The Act promotes the use of BSL in Scotland, primarily by requiring public bodies in Scotland to develop BSL plans that outline how they will promote and raise awareness of the language. 3.4 Moray Council’s first BSL plan was approved by full Council on 31 October 2018 (para 7 of the Minute refers). In a national first, the agenda item was supported by BSL interpretation. The period of the Plan covered the Covid pandemic and this had a major impact on engagement with D/deaf people in Moray and on the implementation of the various actions in the plan. 3.5 The Committee approved the draft Moray BSL plan for consultation on 23 April 2024 (para 11 of the Minute refers). The Plan was published on social media and a BSL version was also published, albeit subject to an extension to the closure date due to delays in finding a BSL user to sign the plan and technical issues. 3.6 Feedback raised the following issues, which have been incorporated in the Plan: • Many D/deaf BSL users struggle with written communications and need access to interpretation in order to understand these. therefore promotion the use of video-relay interpretation through Contact Scotland will be progressed. This service is free of charge to D/deaf BSL users. • Meeting the demand for BSL lessons has been difficult therefore liaison between Moray Council, Moray College and North East Sensory Services will take place to explore how this demand can be met over the next 5 years. 3.7 Actions will be incorporated in routine service performance monitoring arrangements to gather progress updates. 4. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The BSL plan will assist Moray Council in promoting its values of Fairness and Responsiveness. (b) Policy and Legal The BSL Plan for Moray is a legal requirement under the British Sign Language (Scotland) Act 2015. The BSL Plan for Moray will also assist in the Scottish Government’s extension of the Public Sector Equality Duty due to come into force in 2025. The extension will impose a duty of inclusive communication upon local authorities. Page 132
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(c) Financial implications There are no financial implications to the report. (d) Risk Implications There are no risks associated with the BSL Plan. (e) Staffing Implications Accommodations to enable D/deaf people to access Moray Council services and information will be made with existing staffing levels. (f) Property There are no implications for property arising from this report. (g) Equalities/Socio Economic Impact An Integrated Impact Assessment is attached in Appendix 2. (h) Climate Change and Biodiversity Impacts None (i) Consultations D/deaf people in Moray, Moray Council’s Public Transport Unit and Sensory Educational Services have been consulted and their input has been incorporated in the report. 5. CONCLUSION 5.1 That the Committee considers feedback on the draft Moray British Sign Language Plan and approves the 2024-2030 Plan. Author of Report: Alasdair McEachan, Head of Governance, Strategy and Performance Background Papers: Ref: SPMAN-2045703626-439 SPMAN-2045703626-440 Page 133
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APPENDIX 1 1 Moray British Sign Language (BSL) Plan 2024-2030 Item 14. Page 135
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APPENDIX 1 2 Contents Introduction ............................................................................................................. 3 1. BSL Accessibility ................................................................................................. 5 2. Children and families ........................................................................................... 6 3. Access to Employment ........................................................................................ 6 4. Access to Services .............................................................................................. 7 5. Celebrating BSL culture ...................................................................................... 7 6. Transport ............................................................................................................. 8 Page 136
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APPENDIX 1 3 Introduction The Scottish Government aims to make Scotland the best place in the world for BSL users to live, work, visit and learn. BSL users refer to people who are D/deaf and/or D/deafblind whose first or preferred language is British Sign Language (BSL). The British Sign Language (Scotland) Act 2015 came into force in October 2015. The BSL (Scotland) Act promotes the use of BSL in Scotland, primarily by requiring public bodies in Scotland to develop BSL plans that outline how they will promote and raise awareness of the language. The first National British Sign Language (BSL) Plan 2017-2023 was published in October 2017. The National Plan is made up of 10 long term goals covering early years and education; training and work; health, mental health and well bring; transport; culture and arts; justice and democracy. It also described 70 actions to make progress towards these goals. The second National British Sign Language (BSL) Plan 2023-2029 was published in November 2023. It is a six-year plan that represent the ongoing commitment to making Scotland the best place in the world for BSL users to live, work, visit and learn. It focuses on ten priority areas with emphasis on children, young people and their families, health and well-being, celebrating D/deaf culture and tackling accessibility for BSL users that impacts on a number of areas such as transport, democratic participation and access to justice. The delivery of these actions will lead to improved equality, opportunities and outcomes for BSL users. The national plan can be found at https://www.gov.scot/publications/bsl- national-plan-2023-2029/. Page 137
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APPENDIX 1 4 This is the second BSL plan for Moray. After consultation with BSL users in Moray, the plan is less ambitious than the first one and is focusing on improving engagement between the D/deaf community, Moray Council and the wider community. The plan is less about strategic objectives, and more about everyday experiences for D/deaf people. It is about small steps we can take to support a dialogue with the D/deaf community, despite the shortage of BSL interpreters in the area. It is also our intention to add to the plan over the next 5 years in response to this engagement. The context for Moray’s BSL plan is challenging: There are no BSL interpreters in Moray. The nearest are in Inverness or Aberdeen. Last year, Moray Council invited 4 interpreters for a local framework bid and only 2 replied. According to census there were around 260 BSL users in Moray. It is not certain how many of these are D/deaf. What we do know is that it is a mixed group with various needs. A mixed group with various aspirations. It is difficult to capture this in one plan. This is why the plan focuses on continuous engagement. We know we have D/deaf BSL users of all ages. Some of these are well used to information technology. Others are struggling to use this, even when this can give them access to assistive technology such as Contact Scotland. We know we have hearing parents of D/deaf children as well as D/deaf parents of hearing children. Parents and children from all these groups have different issues that can make access to services difficult. We hope that this BSL plan and the engagement that is a result of it will help overcome some of these problems. Page 138
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APPENDIX 1 5 The draft plan was presented to Moray Council’s Corporate Committee on 23 April 2024. It was then shared with the D/deaf and wider community for consultation. The consultation ended on 30 June 2024. Comments received during the consultation have been incorporated into the plan. 1. BSL Accessibility Moray Council shares the Scottish Government’s recognition that for public services to be truly accessible for BSL users, there should be awareness around the culture of BSL, providing vital information in BSL, and enabling people to access services using their own language. Following discussions with BSL users in Moray, the following issues were put forward to be included in the BSL plan: • Develop an effective 2-way communication between BSL users and Moray Council contact centre • Ensure that BSL users can access Moray Council’s emergency telephone numbers effectively • Develop ways in which BSL users can be involved in public consultations, especially concerning o New developments as part of Moray Growth Deal o Budget consultations • During the consultation it became clear that many BSL users struggle with written English. This means that they often need BSL interpretation for communications from Moray Council or the NHS. There is a video relay service from Contact Scotland which is available free of charge to BSL users which will be promoted across services and to BSL users in Moray. • The consultation also highlighted the demand for BSL training among council officers and the general public. Moray Council to Page 139
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APPENDIX 1 6 liaise with Moray College and North East Sensory Services to explore how demand can be met over the next 5 years. 2. Children and families A small number of Schools (2 primary and 2 secondary) in Moray have adopted the BSL learning toolkit developed by Highlands. At present, BSL is offered as an elective but has not been offered as part of the 1+2 programme in schools. There is evidence that in the early years provision, Makaton is often used as a substitute for BSL. It is important to make a clear distinction between the 2. BSL is a language in its own right. Makaton is a communication aide for hearing people with learning disabilities. Although there are similarities, the two do not complement each other and Makaton can become a barrier to D/deaf people’s BSL language acquisition. Over the next 5 years Moray Council will: • Promote inclusion of BSL in 1+2 programme in schools. • Make professionals aware of the distinction between Makaton and BSL. • Ensure that D/deaf parents have access to information regarding their child’s progress in school. • Support hearing families of D/deaf children to learn BSL. 3. Access to Employment Not all D/deaf people see themselves as disabled. However, D/deafness is widely seen as a disability as defined by the Equality Act 2010. The RNID reports that: - D/deaf people and people with hearing loss are less likely to be employed than the general population. Page 140
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APPENDIX 1 7 - Only 37% of people who report BSL as their main language are working, in comparison to 77% of people who are not disabled under the Equality Act. In order to support D/deaf BSL users in accessing employment: • Moray Council will ensure that reasonable adjustments are in place to enable D/deaf people to gain fair access to job opportunities with the Council. 4. Access to Services As a local authority, Moray Council has a duty to make reasonable adjustments to ensure that D/deaf people have access to our services and information. Some of the adjustments that can be made are free of charge. But staff need to be aware that these exist. To promote access for D/deaf BSL users in Moray, we will: • Moray Council will promote D/deaf awareness training and BSL training among its Health and Social Care staff. • Moray Council will promote the use of the full range of assistive technology to enable D/deaf people to have access to health and social care services. 5. Celebrating BSL culture D/deaf people in Moray told us that before lockdown, they would travel to Inverness once a year to attend a show that had live BSL interpretation. Since lockdown, they feel they have become more isolated. Current developments in Moray, especially around the development of the cultural quarter, offer a great opportunity to help D/deaf people out of their isolation. • Moray Council will support D/deaf in taking part in social and cultural activities in Moray. More specifically Moray Council will Page 141
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APPENDIX 1 8 o Encourage D/deaf people to engage in consultations around the implementation of the Moray Growth Deal such as the Cultural Quarter, Bus revolution and the STEM Centre Network. 6. Transport Moray is a predominantly a rural area. Public transport is a vital element in tackling rural isolation. Moray’s M.Connect service is a demand-led public transport service which can play an important role in helping D/deaf people gaining access to all types of services. Over the next 6 years Moray Council will work on the following action: • Moray Council’s will engage with D/deaf people in Moray to explore how its booking system can be made more accessible to D/deaf people. Page 142
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: REVIEW OF SECOND TIER GOVERNANCE DOCUMENTS BY: DEPUTE CHIEF EXECUTIVE (EDUCATION COMMUNITIES AND ORGANISATIONAL DEVELOPMENT) 1. REASON FOR REPORT 1.1 To note progress on the review of the Council’s Second Tier Governance documents. 1.2 This report is submitted to Committee in terms of Section II (19) of the Council's Scheme of Administration, relating to any policy matter which does not fall within the terms of reference of any Committee. 2. RECOMMENDATION 2.1 It is recommended that the Committee: (i) approve the Guidance on Councillor Officer Relations attached as Appendix 1; (ii) approve the Guidance for councillors on outside bodies attached as Appendix 2; and (ii) note progress on the update of the Council’s Second Tier Governance Documents as detailed in paragraph 4.5. 3. BACKGROUND 3.1 The Council’s primary governance documents (described as the Constitutional Documents) comprise: • Standing Orders • Scheme of Administration • Scheme of Delegation • Financial Regulations • Integration Joint Board scheme 3.2 Following the Committee Governance Review in 2022/23 it was noted that there is a tier of documents relating to the administration of Council business which sits below the level of the constitutional documents. For simplicity these are referred to as the Council’s Second Tier Governance Documents. Item 15. Page 143
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3.3 A programme of review of the Council’s Second Tier Governance Documents was approved by the Council on 23 August 2023 (para 11 of the refers) 3.4 The documents identified as highest priority for review were: o Budget setting protocol o Guidance on Multi member wards o Protocol on consultation, access to information and councillor involvement in Council business. o Guidance of councillors on outside bodies. 3.5 The Budget Setting Protocol was updated as part of the budget setting process in February 2024. Proposals are set out below to replace the remaining priority documents and to note progress on review of the Second Tier Governance Documents accordingly. 4. PROPOSALS Guidance on Councillor/Officer Relations 4.1 It is proposed that the Committee approve the “Guidance on Councillor/Officer relations” attached as Appendix 1 to this report. This Guidance combines the previous “Guidance on Multi-Members Wards” and “Protocol on Consultation etc.” detailed in paragraph 3.5 above. 4.2 This new Guidance document describes the complementary roles of councillors and officers and gives further detail on areas of frequent interaction including: o Strategic and operation distinctions. o Officer support and advice for councillors o Councillors access to information o Multi-member ward issues o Media relations Guidance for Councillors on Outside Bodies 4.3 It is proposed that the Council approve the “Guidance for Councillors on Outside Bodies” attached as Appendix 2 to this report 4.4 This document is broadly similar to the previous version but has been updated to reflect the revised declaration requirements contained within the updated Code of Conduct for Councillors which was published by the Standards Commission in December 2021. 4.5 In terms of the programme of review of the Second Tier Governance documents referred to in paragraph 3.4 the status of documents prioritise for review is: Page 144
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Approved/pending approval: Document Approved Due for review Remote Meetings Protocol June 2022 June 2027 Guide to scrutiny at Moray Council December 2022 December 2027 Notice of Motion flowchart and template August 2023 August 2027 Council roles and responsibilities September 2022 August 2027 Budget setting protocol February 2024 February 2025 Guidance on councillor officer relations August 2024 August 2029 Guidance for councillors on outside bodies August 2024 August 2029 To be reviewed: Document Approved Aim to review Protocol on flag flying Council buildings and war memorials June 2013 December 2024 Guidance on MSP/MP visits to Council buildings August 2013 December 2024 Political group recognition and the strategic leadership forum n/a December 2024 4.6 Updated Second Tier Governance Documents along with the Constitutional Documents have been uploaded into the Public Documents section on the Committee Management Information System (CMIS) for ease of reference. 5. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Having clear governance arrangements helps provide an environment for the Council to move forward with its corporate priorities. (b) Policy and Legal The status of the Council’s Second Tier Governance Documents is outlined at paragraph 3.2 above. (c) Financial implications Having clear governance arrangements helps provide an environment for the Council to move forward with its financial priorities. Page 145
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(d) Risk Implications The Second Tier Governance Documents help mitigate governance risks by providing clarity over a number areas where tensions or misunderstandings can arise: • Roles and responsibilities of members and officers • Smooth running of meetings • Access to information (e) Staffing Implications Review of the Council’s Second Tier Governance Documents is a significant piece of work which is being undertaken alongside competing priorities. Timescales are indicative and regular updates will be given to members via the service planning reporting process. (f) Property implications None (g) Equalities/Socio Economic Impact No direct impact (h) Climate Change and Biodiversity Impacts No direct impact. (i) Consultations Consultations have taken place with the Interim Chief Executive, Depute Chief Executive (Economy, Environment and Finance) and Depute Chief Executive (Education, Communities and Organisational Development) and the Strategic Leadership Forum. 6. CONCLUSION 6.1 Review of the Council’s Second Tier Governance Documents was recognised as the logical follow on from the completed a review of the Council’s primary committee governance documents 6.2 A programme of review of these documents was previously approved. 6.3 The Committee are asked to note progress with the review and to approve Guidance on councillor/officer relations and Guidance for councillors on outside bodies. Author of Report: Alasdair McEachan, Head of Governance, Strategy and Performance. Background Papers: None Ref: SPMAN-2045703626-429 SPMAN-2045703626-427 SPMAN-2045703626-430 Page 146
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1 Appendix 1 Moray Council Guidance on Councillor/Officer relations Purpose Collaborative leadership has been identified as a strategic issue in both the Council’s Corporate Risk Register its Best Value Action Plan. This guidance is designed to assist in the working relations between councillors and officers and to give advice on what to do when problems occur. Index 1. General Principles 2. Who this Guidance applies to 3. The Role of Councillors 4. The Role of Officers 5. Conduct and Relationships 6. Access to Advice 7. The Council as Employer 8. Monitoring Performance 9. Support for Officers 10. Support services to Councillors and Party Groups 11. Access to Information and Documents 12. Multi-Member Wards 13. Meetings and Correspondence 14. Media Relations 15. Review of the Guidelines Document author Head of Governance Strategy and Performance Approved by Corporate Committee Date of approval Suggested review 5 yearly Item 15. Page 147
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2 1 GENERAL PRINCIPLES 1.1 This Guidance sets out the separate but complementary roles and responsibilities of councillors and officers and how they should interact with each other in running the daily business of the Council efficiently for the benefit of Moray. 1.2 The Guidance cannot cover every eventuality but sets a framework for dealing with issues as they arise. 1.3 The general principles which underpin this Guidance are that councillors and officers should: • Work together effectively • Act within the law and the Standing Orders of the Council • Treat each other with mutual courtesy • Communicate effectively with one another • Adopt a constructive approach to resolving differences and difficulties 1.4 This Guidance complements wider legislation and Council policies: • Councillors’ Code of Conduct (Standards Commission for Scotland – December 2021) promoted under the Ethical Standards in Public Life (Scotland) Act 2000 • Annex A of the Councillors’ Code of Conduct: Protocol for relations between Councillors and Employees • Moray Council Code of Conduct for Employees • Moray Council Constitutional Documents, including its Standing Orders and Scheme of Administration. • Moray Council Second Tier Governance Documents. 2 WHO THIS GUIDANCE APPLIES TO 2.1 The main focus of this guidance is on contacts between councillors and senior officers at Chief Executive, Depute Chief Executive, Head of Service and Senior Management level. 2.2 There are also many contacts between councillors and other officers in their daily business, and the general principles of the guidance also apply to them. 2.3 The guidance also deals with relations between councillors. 3 THE ROLE OF COUNCILLORS 3.1 Councillors have a number of different roles within the Council: ▪ Some are Chairs or are in Senior Councillor positions ▪ Many belong to political groups, with others forming independent groups Page 148
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3 ▪ Each has a local ward to represent along with other Elected Councillors, involving contact with local groups and providing surgeries for individual constituents ▪ Each may represent the Council in partnership arrangements and on outside organisations. 3.2 Collectively, councillors also: ▪ Provide strategic leadership; ▪ Agree the Council budget ▪ Determine policy aims and objectives; ▪ Take decisions not delegated to officers and; ▪ Review performance In all such roles, Councillors should act in accordance with the principles of the Code of Conduct for Councillors and this guidance. The Council and Committees 3.3 The main functions of the Council are to: ▪ Debate and agree policy proposals; ▪ Debate and agree budgets; ▪ Appoint the Councillors of regulatory and other committees; ▪ Make appointments to outside bodies and; ▪ Provide a forum for debating key issues Details of remits for the Council and committees are included in the Council’s Standing Orders and Scheme of Administration. 3.4 Councillors may be faced with situations where a council or committee decision is taken which goes against a particular personal, budgetary or ward position which that councillor has pushed for. The Code of Conduct states: I have a duty to act in the interests of my council as a whole and all the communities served by it and a duty to be accessible to all the people of the area for which I have been elected to serve, and to represent their interests conscientiously. Councillors should respect council or committee decisions even where they voted against them and may not agree with them. 3.5 It should be noted that under the Local Government (Scotland) Act 1973, functions or decisions cannot be delegated to individual Councillors. Thus an individual Councillor can never have power to make decisions which bind the Council. Page 149
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4 3.6 Where a decision or power has been delegated to an officer this can include a requirement for certain councillors to be consulted by that officer in exercising their delegation. 3.7 Councillors are not individually empowered to instruct officers and must not get involved in the operational management of Council services; this is an officer role. 4 THE ROLE OF OFFICERS 4.1 Chief Executive: ▪ The Chief Executive is the statutory Head of Paid Service and is responsible for managing and securing a professional body of staff to deliver modern, well-focussed service effectively. ▪ The Chief Executive, as the most senior manager, is the ultimate point of escalation for Councillors when difficulties arise; however Councillors should generally raise any problem (which has not been resolved through normal channels outlined in paragraph 6.1 below) with the appropriate Depute Chief Executive or Head of Service in the first instance. ▪ The Chief Executive, as the Head of Paid Service, will work closely with the Leader of the Council in ensuring policy implementation, managing risk and reputational issues, but will work impartially with all groups and individual Councillors. 4.2 Senior Officers ▪ The Chief Executive and Depute Chief Executives are responsible for o assisting the Council in the development of its policies and the discharge of its responsibilities o ensuring policy implementation o ultimate oversight of operational management of services ▪ Depute Chief Executives and Heads of Service have managerial accountability for their service areas and act as the point of contact for escalation of issues that arise within that service; ▪ Some officers have personal statutory powers and duties including: o Head of Paid Service (Chief Executive) o Section 95 Officer (Head of Financial Services) o Monitoring Officer (Head of Governance, Strategy and Performance) o Chief Social Work Officer (Head of Service MIJB) o Chief Planning Officer (Head of Economic Growth and Development) 4.3 Officers more generally Some officers have professional skills relevant to a particular organisational task. Others have primarily a managerial responsibility. Many have elements of both in their jobs. Page 150
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5 4.4 Officers should: ▪ Maintain political neutrality at all times ▪ Act within the law and in the interests of the Council. ▪ Comply with the Council’s Employee Code of Conduct. ▪ Comply with agreed policies and standards of the Council; ▪ Implement the decisions of Council, committees and sub-committees; ▪ Inform Councillors timeously of any decision that cannot be fully implemented, (senior officers should undertake this task); ▪ Behave in a professional manner; ▪ Treat all Councillors fairly and openly in their role as local representatives; ▪ Deal with Member enquiries promptly and efficiently; 4.6 Officers should implement the decisions of the Council and its committees even if they have professional misgivings about proposed decisions. Advice should be given in terms of paragraph 6.2 below. An officer will normally have a duty not to implement a Council decision if it is manifestly illegal. In such circumstances, the officer should seek the advice of the Monitoring Officer and the Chief Executive. 4.7 Officers’ delegated powers are outlined in the Council’s Scheme of Delegation which forms part of the Council’s Constitutional Documents. In particular, where there is a significant and direct impact on a particular council ward, officers would normally consult all councillors within that Ward before exercising their delegation. Officers will seek to resolve any difference of views of ward councillors informally. If this is not possible officers, in exercising their delegation will consider whether escalation to CMT or a council/committee meeting is appropriate in terms of paragraph 1 (6) (f) of the Scheme of Delegation. 5. CONDUCT AND RELATIONSHIPS 5.1 Courtesy – in line with the Councillors’ Code of Conduct reference to “mutual trust and respect” – it is important that councillors and officers should behave courteously to one another. Neither should take unfair advantage of their position. 5.2 Disagreements – should be acknowledged and worked out in private rather than in public view. 5.3 Close personal friendships – personal friendships between individual Councillors and officers can also damage good relations and prove embarrassing to other Councillors and officers. Councillors and employees should, therefore, be cautious in developing close personal friendships while they have an official relationship. 5.4 Constructive criticism – Councillors have the right to make reasonable and constructive criticism of the work of officers. Councillors should remember that officers cannot respond to personal criticisms of themselves or other Page 151
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6 officers in the same way that politicians can and should make their comments accordingly. In accordance with the Code of Conduct for Councillors, Councillors should not raise matters relating to the conduct or capability of employees in public. Employees must accord to Councillors the respect and courtesy due to them in their various roles. 5.5 Lines of accountability – Councillors must be aware of the lines of accountability within services. They should be mindful of their status and must not apply pressure to an officer to act against the instructions of management. 5.6 Decisions delegated to officers – Councillors should not put pressure on an officer on matters which have been delegated for officer decision. Officers should be left to make decisions that are: ▪ Objective and can be accounted for ▪ Fair and consistent in their applications 5.7 Undue influence – Councillors should not bring undue influence to bear on an officer to take any action which is contrary to law or against the Council’s approved procedures. This could include action which is: ▪ A breach of personnel procedures ▪ In conflict with Standing Orders/financial regulations ▪ In conflict with planning procedures and policies ▪ In conflict with Codes of Conduct 5.8 Declaring relationships with constituents – Councillors must declare any relevant close personal relationships with constituents when dealing with council officers. Although Councillors are elected to represent the interests of their constituents, they should not seek special treatment for any individual. 6. ACCESS TO ADVICE 6.1 Officers provide professional and managerial advice to Councillors in a number of settings. ▪ To the Council, committees, sub-committees and working groups in written reports ▪ To the political leadership ▪ To the party groups ▪ To individual Councillors with political roles (committee Chairs, Portfolio Holders) ▪ To individual councillors as ward councillors 6.2 Council officers should provide clear and consistent advice to the Council, its committees and councillors/groups of councillors where appropriate. This normally includes considering options and setting out the relative risks and consequences of these options. Officers within a service are accountable to Page 152
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7 their Depute Chief Executive and Heads of Service and should take this into account when giving advice to councillors. 6.3 In the spirit of informed and co-operative working the Chair of a committee will often be consulted on the preparation of committee agendas and reports. However the ultimate decision on whether to submit a report to Council or committee and the content of the report is one for officers. While employees will wish to listen to the views of Chairs or Portfolio Holders, the report signatory will always have final responsibility for the contents of any report submitted in their name. 6.4 The decision on whether to submit a Notice of Motion to Council is one for an Elected Member, subject to the provision in Standing Orders which allows the Chair to rule on the competency of a Notice of Motion and Council guidance on Notices of Motion. An Elected Member has the right to submit a motion to the Council or committee which disagrees with the advice and recommendation of an officer. Committee Chairs 6.4 Committee Chairs are recognised as the legitimate spokespersons on their committee’s area of responsibility. Where authority is delegated to employees they may wish to consult the relevant Chair about the action they propose to take but the responsibility for the final decision remains with the employee who is accountable to the wider Council for it. CommitteeChairs should bear this in mind when discussing proposed action with employees. 6.5 Committee Chairs will have many dealings with employees. These employees should always seek to assist a Chair but it must be remembered that they are ultimately responsible to theirline managers.. Party or Independent Groups and Officers 6.6 The Council operates through a system of groups of councillors, based on political affiliation and independent councillors. All employees must, in their dealings with Groups and councillors, treat them in a fair and evenhanded manner. Employees must at all times maintain political neutrality and advice given to different groups should be consistent. . 6.7 Officers may properly be called upon to support and contribute to deliberations by groups on matters of Council business under consideration. This support can be provided in many forms, ranging from a briefing meeting with a Committee Chair, briefing to cross party groups or a presentation to a full party group meeting. Whilst in practice such support is likely to be in most demand from the group or groups in control of the Council, support is available to all Groups and non aligned councillors on a reasonable and proportionate basis, taking account of any specific governance arrangements agreed such as the Strategic Leadership Forum or Budget Protocol. 6.8 For officers below Head of Service level, if officer attendance at a group meeting is required, the office bearers of the Group should contact the Chief Executive and outline the type of advice they are seeking. The Chief Page 153
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8 Executive will decide whether attendance at the meeting is appropriate, and which officer(s) should attend. 6.9 Officer support in these circumstances must not extend beyond providing information and advice in relation to matters of Council business. Officers must not be involved in advising on matters of party or political business and are not expected to be present at meetings or parts of meetings when matters of party business are to be discussed. 6.10 Officers must respect the confidentiality of any group discussions at which they are present. They should not disclose the nature of these discussions or advice given to other groups/councillors without consent.. It is acknowledged however that factual information upon which any advice is based will, if specifically requested, be shared with another group or councillor. If officers receive information which, although confidential, they have a duty to disclose elsewhere, they must indicate that this is the case. 6.11 Officers should not be asked to give advice at a group meetings where non- councillors are present. Officers role is to provide advice to the Council and as non-councillors are not bound by the Code of Conduct. 6.12 Conclusions reached at party group meeting are not Council decisions, and it is essential that they are not interpreted or acted upon as such. 6.13 Providing information and advice to a group cannot act as a substitute for providing all necessary information and advice to Council or the relevant committee or sub-committee. 6.14 Councillors should recognise that information and advice given by employees should be used to enhance discussion and debate at Council and committee meetings. Such information shall not be used for political advantage, for example media briefings beforehand, then the process could become devalued and place employees in a difficult position in giving information and advice. 6.15 The Chair of a political group meeting attended by employees has a responsibility for ensuring that those attending are clear on the status of the meeting and the basis on which employees are attending. 6.16 Officers must never allow their own personal or political opinions to interfere with their professional advice. Officers should not take part and councillors should not ask officers to take part in any activity which could be seen as influencing support for a party. Councillors should raise with the Chief Executive any concerns about the political neutrality of an officer. 6.17 Senior Officers, and other officers providing advice and support services to Elected Councillors, are subject to legal rules limiting their political activities outside work. Page 154
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9 6.18 Should any difficulty or uncertainty arise in the area of employees’ advice to party groups, this should be raised with the Chief Executive, who will discuss the matter with the group leader. 7. THE COUNCIL AS EMPLOYER 7.1 Officers are employed by the Council and both they and the Council are governed by contracts of employment and the Council’s personnel policies and procedures. The Council has a duty of care towards all of its employees and these Guidelines reflect this. 7.2 In making employment decisions, the key principles for Councillors to follow are: ▪ Councillors involved in appointments of employees must act fairly and openly and judge candidates solely on merit ▪ Councillors should not gain financially or personally, nor should their families or friends ▪ Councillors have a duty to declare any private interest, and to protect the public interest ▪ Councillors should have no involvement in employment or recruitment decisions in which they have a personal interest ▪ In making public appointments or recommending people for rewards or benefits, Councillors must make choices on merit, using objective criteria ▪ Councillors should be open about, and are accountable for, the decisions they make in the role of employer. However, some employment matters should be dealt with in confidence. ▪ Employment issues are usually dealt with by following written procedures, often agreed with the unions. Councillors should not do anything to undermine the following of proper procedures. 7.3 Councillors are collectively responsible when acting as employer and are bound by the complete framework of national employment law. However, it must be noted that an individual who commits an act of discrimination on the basis of race, gender or disability can be personally liable. The Council is an equal opportunity employer and Councillors should be guided by this principle in all their relationships with staff. 7.4 In addition, under the Code of Conduct: ▪ Councillors must not solicit a job with the Council for any person (but, in appropriate cases, may give them a written testimonial) ▪ Councillors must not try to influence the recruitment process ▪ Councillors should know that canvassing support for a candidate for a job with the Council disqualifies the candidate from that job 7.5 Councillors must not become involved in issues relating to individual employees’ pay or terms and conditions of employment, except while serving on a committee delegated to deal with such matters. Panels of Councillors are normally established for Chief Executive and Chief Officer appointments, Page 155
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10 and for certain disciplinary and grievance processes relating to the Chief Executive and Chief Officers. There are Appeals Committees which hear appeals lodged by members of staff against certain decisions. All other disciplinary, capability or grievance processes are decisions for officers. 7.6 Councillors are not individually empowered to instruct officers and must not get involved in the operational management of Council services; this is an officer role. Nor must Councillors become involved in the management of Council employees or engage in activities which might undermine the management lines of responsibility or adherence to Council personnel procedures,. 7.7 Councillors will regularly come into contact with Trade Union representatives in the Joint Consultative Committee (JCC). The remit of the committee is: ▪ To provide a forum and procedure for councillors and Trade Union representatives to meet on a regular and constructive basis to exchange information and resolve issues of mutual concern and ▪ To promote and develop good relations between the Council and their recognised Trade Unions 7.8 This forum does not have a remit to become involved in matters affecting an individual employee’s terms, conditions and pay and Councillors must observe this remit in their contacts with Trade Union Officials. 7.9 Councillors must, at all times, adopt a professional approach in their dealings with the Trade Unions and in particular must: ▪ Avoid giving unauthorised commitments ▪ Take a balanced view of information provided by the Trades Unions along with that of officers ▪ Not allow undue influence to be placed upon themselves 7.10 Likewise, officers must not raise directly with councillors any personal matter to do with their jobs, or relating to any potential appointment. 7.11 There are restrictions on former Elected Councillors’ employment within the Council. A 12 month restriction for former Councillors being employed in politically restricted posts and for former Councillors who have been directly involved in the appointments process for Council Officers holding politically restricted posts, but the restriction is 3 months for all other posts. 8 MONITORING PERFORMANCE 8.1 Councillors should set the parameters for Council work and then let officers undertake the work, whilst ensuring that strong monitoring and performance management systems are in place. Councillors should not be involved in the operational management of Council services; this is an officer role. Page 156
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11 8.2 Councillors have a right to scrutinise reports or the actions taken by officers, but they should always: ▪ Avoid personal attacks on officers ▪ Ensure that criticism is constructive and well founded ▪ Avoid undermining respect for officers at committee meetings, in any public forum or through the media ▪ Use the agreed resolution procedures (when resolution cannot be achieved through normal lines of communication) 8.3 The Chief Executive, as the statutory appointed Head of Paid Service, is the first point of contact for councillors regarding organisational and staffing matters. Depute Chief Executives and Heads of Service are the first point of contact in their respective service areas. 8.4 Complaints about officers or Council services should be made to the Depute Chief Executive or to the Chief Executive as appropriate. Councillors have a duty to raise any issues that they have reason to think might involve fraud or corruption of any sort. These issues must, however, be raised through the proper channels. 8.5 The Monitoring Officer is specifically responsible for reporting any proposal, decision or omission by the Council or its officers which causes or is likely to cause: ▪ A contravention of the law or any code of practice ▪ A maladministration or injustice which could be investigated by the Scottish Public Services Ombudsman 9. SUPPORT FOR OFFICERS 9.1 Just as Section 9 of this protocol provides Councillors with a mechanism for scrutinising the actions or decisions of officers, officers too must have some protection where they feel that Councillors’ expectations are unreasonably demanding or in conflict with managerial instruction or Council policy or procedure. 9.2 Complaints or concerns should be raised with the appropriate Depute Chief Executive, or with the Chief Executive. Officers have the right to make a complaint about a breach of the Councillors’ Code of Conduct to the Standards Commission. While individual Councillors have the right to defend any such complaint, pressure must not be put on any officer by Council, its committees or councillors to withdraw or amend the complaint. 10 SUPPORT SERVICES TO COUNCILLORS AND PARTY GROUPS 10.1 The Council can only lawfully provide support services to Councillors to assist them in discharging their role as Councillors of the Council – including secretarial and typing support, policy support, stationery, printing, photocopying, transport. Page 157
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12 10.2 Support services must be used only for Council business. They must never be used in connection with party political or campaigning activity or for private purposes. Councillors should never ask staff to provide improper support. ▪ They cannot represent or stand in for Councillors ▪ The existence of Councillors’ services support staff should not detract from normal Member/officer relationships 11 COUNCILLORS’ ACCESS TO INFORMATION AND DOCUMENTS 11.1 Councillors will require information, explanation and advice about Council services to enable them to carry out their roles as Councillors. • For routine constituency work (seeking information on behalf of a constituent) and straightforward information responses councillors are free to approach the appropriate service service officer. For example a constituent may approach a councillor in their ward about the progress of a planning application. The councillor could approach the planning case officer for an update. • For more complex, controversial or time-consuming enquiries councillors are invited to approach the relevant Head of Service or Depute Chief Executive For example, a constituent may approach a ward councillor about the discriminatory effect of a council burials policy. It would be more appropriate for the councillor to approach the Head of Service in this instance. 11.2 Councillors have certain statutory and common law rights to request and inspect Council documents. The common law rights are wider and more significant than those given by the Access to Information provisions of the Local Government (Scotland) Act 1973. For instance, papers which contain “exempt information” relating to the categories specified in the Access to Information legislation may fall within the rights of inspection given to councillors by common law. 11.3 Councillors have a statutory right to inspect any Council document which contains material relating to any business which is to be transacted at a Council, Committee or sub-committee meeting. This extends not only to reports which are to be submitted to the meeting but also to any relevant background papers. In relation to reports which are exempt under the Local Government (Scotland) Act 1973, Council practice has generally been to disclose these where possible, on request. It should however be appreciated that there are certain documents which cannot be disclosed particularly those which contain sensitive personal information relating to employees, occupiers of Council property, applicants for grants and other services, the care of children, social work and criminal justice cases. In other cases, such as an opinion of Counsel or documents relating to contract negotiations, disclosure may only be made if the councillor signs an undertaking promising not to further disclose the document. Page 158
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13 11.4 The common law right is based on the principle that any Member has a right to inspect Council documents if access is reasonably necessary to enable the Member to perform his/her duties as a Member of the Council – commonly referred to as the “need to know” principle. 11.5 The exercise of this common law right depends upon the Member’s ability to demonstrate that he/she has the necessary “need to know”. This question will initially be determined by the Depute Chief Executive who holds the document in question. In the event of a dispute, the question should be referred to the Chief Executive (taking advice if necessary from the Monitoring Officer). 11.6 A “need to know”, and therefore a right to inspect, will not exist in relation to: ▪ A document which forms part of the internal workings of another party group ▪ The working draft of an officer’s report before it has been authorised for circulation to Council or other committee ▪ Personal information covered by the provisions of the Data Protection Act 11.7 In some areas there are specific statutory codes which deal with the treatment of confidential information. This is especially true of Education and Social Work records. At all times, both Councillors and officers must recognise the need to operate within the overall legislative framework surrounding information. There is no automatic right to confidentiality of any communication. Councillors and officers need to be aware that the Council is subject to the rigours of the Freedom of Information (Scotland) Act and Environmental Information (Scotland) Regulations and Re-use of Public Sector Information Regulations which require the Council to provide, subject to exceptions, recorded information held by it. 11.8 Councillors and officers should be aware of the provisions of the Data Protection Act 1998. If Councillors hold personal information (such as details of constituent enquiries), and most will do so, they will require to be registered under the Data Protection Act. When holding such personal information Councillors must abide by the following rules:- o Councillors must only use the information for the purposes for which it was given. o Councillors must not share this information with anyone without the consent of the person giving the information. If a constituent or other member of the public asks you to resolve an issue you are allowed to contact officers to attempt to resolve the issue on behalf of your constituent. o You should not keep the information any longer than you need to. Councillors requesting sensitive personal information on behalf of constituents from the Health and Social Care Partnership or other Directorates will only receive such information if they have a signed consent form from the constituent asking the Councillor to obtain such information. Page 159
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14 11.9 Councillors should not put pressure on officers to provide them with documents to which they have no statutory or common law right or to withhold from other Councillors documents to which they have a statutory common law right of access. The advice of the Monitoring Officer and the Chief Executive should be sought promptly if there is doubt about whether access should be given. 11.10 If a Member is refused information by a Council employee they should be clearly advised as to why they are being refused. If a Member is not satisfied by the refusal he should initially raise the issue with the appropriate Depute Chief Executive. If a Member is not satisfied with the Depute Chief Executive’s refusal of information the member can appeal this refusal to the Council’s Chief Executive who may refer this to the Monitoring Officer to be dealt with as a Freedom of Information Review. If the Chief Executive/Monitoring Officer refuses the request on the basis that it results in the disclosure of personal information under the Data Protection Act, or on the basis that disclosure would be illegal, the Member can appeal this refusal to the Freedom of Information Commissioner. 11.11 Both Councillors and officers have access to information which has not yet been made public and is still confidential. It is a betrayal of trust to breach such confidences. Confidential information must never be disclosed or used for personal advantage or to the disadvantage or the discredit of the Council or anyone else. This is a breach of the Councillors’ Code of Conduct. 11.12 Like any member of the public, councillors have a right to get copies of documents under the Freedom of Information (Scotland) Act 2002 and the Data Protection Act 2018. In light of the procedures outlined above, Councillors will not normally be expected to formally request information under these Acts 12 MULTI-MEMBER WARDS 12.1 Councillors have a duty to be accessible to all the people of the multi-member ward they have been elected to and to serve their interests conscientiously. However Councillors also have a duty to act in the interests of the Council area as a whole and all the communities served by it, not just those of their own ward or town. 12.2 Multi-Member wards have implication for the co-ordination of constituents’ enquiries. Individual constituents have the right to choose to approach any of the councillors representing their ward. 12.3 When constituents seek contact with local councillors, information should be provided in a consistent manner, leaving the constituent to choose which councillor they wish to contact. Councillors’ names and contact details should be provided in alphabetical order, by surname, along with their political affiliation. Page 160
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15 12.4 Where a constituent has not identified a particular councillor to deal with their concerns, officers should contact the constituent to clarify which councillor they would like to deal with their enquiry. 12.5 If a constituent does not wish to specify a councillor, the last resort should be to copy the query to all the ward councillors, with the express permission of the constituent. 12.6 Councillors within a particular ward may agree among themselves on ways of allocating responsibilities, however the individual constituent has the right to approach the ward councillor of their choice. 12.7 The relationship between the ward councillor and constituent is of a confidential nature, therefore the consent of the constituent is required before any information about them or the nature of their query is passed between ward councillors. 12.8 A ward councillor may suggest to a constituent passing on their query to another ward councillor. Such a referral should only be made with the express approval of the constituent who may request that the enquiry be dealt with by the ward councillor of their choice. 12.9 There is the possibility that constituents could raise their concerns with more than one ward councillor, without the other ward councillors knowing this. This could lead to the situation where one officer is dealing with an enquiry without knowing that another officer is also dealing with the same enquiry. To avoid this potential duplication, ward councillors are encouraged to clarify the position with constituent enquirers. 12.10 Officers in receipt of a constituency enquiry from a ward councillor will not divulge the nature and existence of that enquiry to other ward councillors without the consent of the original ward councillor. 12.11 Occasionally a constituent may pass an enquiry to a councillor who is not their ward councillor. In this situation the councillor who has received the enquiry will seek the consent of the relevant ward councillors before taking on enquiry. Consent from the constituent will be needed to make this approach. 13 MEETINGS AND CORRESPONDENCE 13.1 Both councillors and officers should take proper account of the time demands each is under when arranging meetings, particularly at short notice. 13.2 Officers should respond to requests for meetings with councillors with priority but where these are requested at short notice, councillors should accept that officers may have pre-arranged commitments. 13.3 There is no requirement for officers to invite other ward councillors to, or notify them about, meetings organised by an individual councillor with that officer. Page 161
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16 13.4 When councillors initiate a meeting, officers should always ensure that the councillors are given the opportunity to have other ward councillors attend. 13.5 Whenever a public meeting or consultative exercise on an issue local to one or more wards, is arranged by the Council, all ward councillors should generally be invited to attend that meeting. 13.6 Officers should not divulge their discussions with individual councillors to other councillors, particularly councillors of another political party, without the consent of the individual councillor concerned. Correspondence between an individual Councillor and an officer should not be copied by an officer to any other councillor. Where it is necessary to copy the correspondence to another councillor, this should be made clear to the original councillor at the time, or the consent of the original councillor obtained. Officers are however entitled to divulge such discussions and correspondence to other officers, particularly Chief Officers where required. These other officers will also be bound not to disclose the discussions or correspondence to other councillors, without the consent of the original councillor. 13.7 When officers write to or meet with residents regarding matters of general concern in an area, all ward councillors should be sent copies or informed. 14. MEDIA RELATIONS 14.1 Councillors and officers are often required to represent the Council’s position in the press and media on areas of public and media interest. In terms of the Council’s communications and media protocol all such communication is handled by the Council’s corporate communications team who act on behalf of CMT. 14.2 The Chief Executive, in consultation with the Council Leader where appropriate, will authorise press releases and similar information on behalf of the Council and deal with media enquiries through the corporate communications office. 14.3 A similar process will apply to committee business where the Chief Executive/Depute Chief Executives or Head of Service shall consult the relevant committee chair. 14.4 The Council’s Leader, Depute Leader, Civic Leaders and committee chairs may also make media comment on behalf of the Council. The terms of any such press/media release will be agreed in advance with the appropriate senior officer and the Council’s corporate communications office. 14.5 Press releases are distributed to all councillors at the point of release to the general media. 14.6 Councillors are reminded of the confidentiality provisions in the Section 3.21 of the Code of Conduct: Page 162
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17 I will not disclose confidential information or information which should reasonably be regarded as being of a confidential or private nature, without the express consent of a person or body authorised to give such consent, or unless required to do so by law. 14.7 Particular care should be taken with the information in confidential papers which go to committee. Standing Order 73 (a) gives authority to the Council Leader (Chair) for this to be released: Information as to the proceeding at any meeting from which the public and press are excluded shall not be given to representatives of the press or to any other person except by the Leader, or a person authorised by the Leader to do so. 14.8 If in doubt councillors should seek advice from an appropriate senior officer. 15 REVIEW OF THIS GUIDANCE 15.1 This guidance will be kept under review and may be amended by the Council from time to time. Any amendments will be communicated to employees and councillors. Page 163
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APPENDIX 2 GUIDANCE FOR COUNCILLORS SERVING ON OUTSIDE BODIES INDEX 1. Aim of Guidance 2. Conflicts of Interest 2.1 General 2.2 Registration of Interest 2.3 Declaration of Interest 2.4 Discussing and voting 2.5 Irreconcilable Conflict 3. Duties and Liabilities owed to outside bodies 3.1 Code of conduct 3.2 Constitution of outside bodies 3.3 Trusts 3.4 Limited Company 3.5 Unincorporated Association 4. Decision making on outside bodies 5. Insurance issues with outside bodies. Document author Head of Governance, Strategy and Performance Approved by Moray Council Date of approval Suggested review 5 yearly Item 15. Page 165
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APPENDIX 2 1. AIM OF GUIDANCE 1.1 Councillors may become involved in different types of outside bodies such as sports clubs, housing associations, community organisations, trusts, volunteer groups, limited companies etc. The aim of this guidance is to set out the duties owed by Councillors to these outside bodies and to assist Councillors in balancing the separate and sometimes competing interests that they may encounter whilst serving on outside bodies. Help is always available from the Legal Services Section or Monitoring Officer where Councillors have any questions about their position. 2. CONFLICTS OF INTEREST General 2.1 In some cases the Council appoints a Councillor to serve as its representative on the outside body. In other cases, the Councillor may have been appointed independently of any Council involvement. The duties which Councillors owe to outside bodies are detailed in Part 3 below. Sometimes these duties will conflict with their duties to the Council. In general the Councillor's primary duty is owed to the outside body. Registration of interest 2.2 A Councillor's involvement in an outside body will mean that the Councillor should register their involvement under Part 4 of the Code of Conduct introduced by the Ethical Standards in Public Life etc (Scotland) Act 2000 (the Code) which states: Category Eight : Non-Financial Interests 4.22 I may also have other interests and I understand it is equally important that relevant interests such as membership or holding office in public bodies, companies, clubs, societies and organisations such as trades unions and voluntary organisations, are registered and described. In this context, I understand non-financial interests are those which members of the public with knowledge of the relevant facts might reasonably think could influence my actions, speeches, votes or decision-making in my council (this includes its Committees and memberships of other organisations to which I have been appointed or nominated by my council). Guidance on the Code of Conduct contains further information at paragraph 128. 2.3 It is each Councillor’s personal responsibility to ensure that his/her Register of Interests is updated timeously i.e. within one month of a change of circumstances. Page 167
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APPENDIX 2 Declaration of interest 2.4 When an issue regarding the outside body is considered by the Council or a committee, or where the affairs or an issue regarding the Council is considered by the outside body then a Councillor should consider whether you need to declare an interest. 2.5 There are 3 steps in section 5 of the Code for determining whether you need to make a declaration of interest: • Connection – do you have a connection to the item under discussion? • Interest –is the objective test met? • Participation- Can you remain in the meeting? 2.6 Council appointment: If you are appointed to the outside body as a Council Representative: Such outside bodies can include statutory bodies (such as regional transport partnerships and health and social care integration joint boards), joint committees (such as city region deals and Scotland Excel), ALEOs and voluntary organisations. 2.7 This appointment should be on your Register of Interests but would not normally be a connection (Code para 5.4 c) unless: • it is a planning/regulatory issue • you have a particular personal conflict • The Council’s interests and the interests of the outside body are not clearly aligned; there is a particular tension or point of difference. 2.8 Non-Council appointment: If your membership of an outside body is not a council appointment this should be on your Register of Interests and as such would be a connection in terms of the Code section 5.3. Where you have a connection you then need to consider the objective test: Where a member of the public, with knowledge of the relevant facts, would reasonably regard your connection as so significant that it would be considered as being likely to influence the discussion or decision making. If the test applies you must • declare what your connection is at the appropriate point of the meeting • leave the meeting while the agenda item is under debate. 2.9 If you are in doubt as to whether to declare it is generally speaking better to err on the side of caution and make the declaration. Advice can always be sought from the appropriate Council officials (Legal Services/Monitoring Officer) in advance of the meeting where possible. Page 168
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APPENDIX 2 2.10 Transparency statements: Where the objective test is not met, then you can consider making a transparency statement. This could be as follows: In relation to item x on the agenda I would like to state for transparency that whilst I do have a connection (provide details of connection) I do not feel, in terms of the objective test, that this is significant enough to formally declare an interest. 2.11 You could also consider a transparency statement if you are appointed to an outside body by the Council In relation to item x on the agenda I would like to state for transparency that I am a council nominated (director/ board member/trustee etc) on x Organsiation.. I am not required to declare and will participate in discussion. 2.12 Provided Members are sensitive to the possibility of conflicts of interest, there is no reason why they should not express a "Council" view when acting on an outside body. They should, however, make it clear that they do not represent the Council on the outside body, and so cannot bind the Council by what they say. In many cases Councillors will be able to act as valuable links between outside bodies and the Council. 2.13 Irreconcilable Conflict: As a general rule, if a Councillor is involved in an outside body in an executive capacity (i.e. as a Director, Trustee or member of the body's Management Committee) their primary duty will be to the outside body. 2.14 If there is a major dispute or point of difference between the Council and the outside body then the Councillor may be placed in an untenable situation. The councillor may find that they are unable adequately to carry out their responsibilities properly both as an elected Member of the Council and as a member or director of the outside body. Councillors are encouraged to seek advice in this situation. 2.15 This situation however is very rare and should not discourage Councillors from being prepared to participate in the management and running of outside organisations. Membership of outside bodies assists with open and accountable government. 3. DUTIES AND LIABILITIES OWED TO OUTSIDE BODIES 3.1 Clause of the Code of Conduct states: 3.30 If I am appointed or nominated by the Council as a member of another body or organisation, I will abide by the rules of conduct and will act in the best interests of that body or organisation while acting as a member of it. I will also continue to observe the rules of this Code when carrying out the duties of that body or organisation. Page 169
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APPENDIX 2 3.31 I accept that if I am a director or trustee (or equivalent) of a company or a charity, as a nominee of my Council, I will be responsible for identifying, and taking advice on, any conflicts of interest that may arise between the company or charity and my council. 3.2 Constitution of outside bodies: The following table shows the type of outside bodies a councillor is likely to be involved in and summarises how each type of outside body is set up and managed: Type of Body Governing Document Management Type of Councillor Involvement Usual Types of Organisation Trust/Charitable Trust Trust Deed Management by a Board of Trustees Trustee Educational Trusts, Golf Courses, restricted purpose land holdings Company Limited by Guarantee Memorandum and Articles of Association Board of Directors and Members Meetings Usually as Director but sometimes as ordinary member Charitable Organisations (eg Moray Leisure Centre, Housing Associations, Community Associations) Company Limited by Shares Memorandum and Articles of Association Board of Directors and Members Meetings Usually as Director but sometimes as ordinary member/ Shareholder Commercial organisations (eg Moray Microbiological Laboratory) Statutory or Joint Board Constitution Committee meetings As a member eg Joint Valuation Board Unincorporated Association Constitution Meeting of Members/ Management Committee Ordinary Member or Member of Management Committee Community Associations, Village Halls The Duties and Liabilities of a Councillor sitting on each of these bodies are detailed below with a brief description of the legal structure of each body. Trusts 3.3 A Trust consists of property or assets which are administered by Trustees for the benefit of beneficiaries. Page 170
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APPENDIX 2 3.4 There are many Trusts set up to benefit a wider group of people and (depending on the purpose for which the Trust is set up in the first place) these Trusts may be charitable. These are the sort of Trusts with which Councillors are likely to be involved. 3.5 Whether or not it is charitable, a Trust is usually set up by an individual or a group of people, giving property to named Trustees on certain specific conditions. The gift and conditions are usually set out in a document known as a Trust Deed. 3.6 The Trust Deed may also give the Trustees, and others, certain power such as the appointment or replacement of Trustees or the investment of funds etc. These powers could include the power on the part of the Council to appoint Trustees to act as the Council's representatives. 3.7 This type of organisation may arise where an individual gifts land for the benefit of the community such as a public park. The land would be given to named Trustees to hold the ground for the benefit of the community, and the Trustees would then administer the land in accordance with the terms set out in the Trust Deed. Trustees Duties 3.8 Trustees have the following duties: • a duty to act in accordance with the Trust Deed and protect the trust assets • a duty to comply with all legislation affecting the Trust including charity legislation if the trust is a charitable trust • a duty not to make a private profit from the position • a duty to act with the standard of care which an ordinary, prudent person would show (higher standards of care are required of professionals in relation to areas within their professional knowledge) Trustees Liabilities 3.9 Trustees have the following liabilities: • To make good any deficiency where Trust property has been used for a Trustee's own purposes or for purposes not in accordance with the purposes of the Trust. • Personal liability for losses or claims where a Trustee has acted outside the scope of the Trust deed. • Personal liability where the Trustee has not shown the required standard of care. 3.10 Unlike a limited company, a Trust has no separate identity from the Trustees. Trustees are therefore personally liable for losses on contracts or claims by third parties, although Trustees are entitled to an indemnity from the Trust assets provided they act properly in incurring the liability. Page 171
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APPENDIX 2 3.11 Trustees may remain personally liable even though they have retired (e.g. if they have entered into a contract on behalf of the Trust) and should therefore seek an indemnity from their successors. Trustees of Registered Charitable Trusts 3.12 Trustees of registered charitable trusts are subject to various duties and liabilities under the general law including: • a duty to ensure (where the Trust is a charity) that this is registered with the Scottish Charities Regulator and that annual accounts and returns are completed and sent. • Trustees may be liable to fines if they do not comply with the duty to make returns. 3.13 There are however additional duties and liabilities in terms of the Charities and Trustee Investment (Scotland) Act 2005: 3.14 Trustees must ensure that the charity complies with the 2005 Act. Any breach of these duties will be treated as misconduct in the administration of the charity entitling OSCR to invoke its powers under Section 31 of the 2005 Act. These include powers to suspend the trustees, to direct the charity to cease representing itself as a charity or as a Scottish charity, to restrict the transactions which may be entered into, or the nature or amount of payments which may be made in the administration of the charity without OSCR’s consent and to direct any third party holding property on behalf of the charity not to part with it without OSCR’s consent. Common Good 3.15 Whilst there are some statutory restrictions on management and disposal of Common Good land and funds (which have similarities with public trusts) they are funds and trusts are owned entirely by the Council and fall outwith the scope of this guidance. Decisions are taken by Councillors like any other decision under the Council’s Scheme of Administration/Scheme of Delegation. Limited Company 3.16 Limited Companies are often created to make the administration of an organisation easier. Companies are separate legal entities which can enter into contracts and employ staff. They can also sue and be sued and this can protect the members of the company from individual, personal liability. (as detailed below, however, Directors can still incur some personal liability). 3.17 The most common forms of company which Councillors are involved in are: • Companies limited by share • Companies limited by guarantee Companies Limited by Shares 3.18 Councillors are less likely to be nominated to a company limited by shares in the normal course of Council business. This type of company will have a share capital and the company allocates the shares to its member (shareholders). In the event that the company is wound up, each shareholder Page 172
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APPENDIX 2 is liable to pay the amount equivalent to the nominal value of his or her shareholding e.g. if a shareholder holds 100 £1 shares in the company they would have to pay £100 in the event of winding up, even though the value of the shares may be e.g. £6 on the open market. In return for this, shareholders share the ownership of the company and its profits. This is normally done by the company paying a dividend to its shareholders. The dividend is usually declared on the basis of an amount of money per share held. In this type of company the day to day management of the company is usually vested in the Directors. The members ultimately control the company by electing the Directors and deciding major issues at general meetings. 3.19 Most local companies are companies limited by shares, paying dividends to their shareholders (members). Companies Limited by Guarantee 3.20 Companies limited by guarantee also have members who control the activities of the company in the same way as above (i.e. electing Directors and making decisions in general meetings). However, these companies do not normally seek to make a profit, and do not therefore pay dividends to their members. In the event of the company being wound up the members guarantee to make a payment to the level of their guarantee (also this is usually a nominal sum of e.g. £1). This type of company is more commonly used for voluntary and public bodies, especially where charitable status is sought (a company limited by shares cannot normally fulfil the criteria for registration as a charity). General Company Matters 3.21 Where companies are limited by shares or limited by guarantee, the company is controlled by reference to its "constitution" which is contained in the Memorandum and Articles of Association. These documents are registered with Companies House and set out the powers of the company and the rules by which it is to be managed. 3.21 Any act carried out by the company that is outside the powers set out in the Memorandum will be unlawful and a Director involved in such an Act may be personally liable for any resulting losses. 3.22 The Articles of Association will usually provide for the business of the company to be decided by the Members of the company acting in general meeting. At such meetings the Members generally elect a Board of Directors who then deal with the day to day management of the company. In some cases the Articles may provide for the Board to elect further Directors, in certain specified circumstances. 3.23 In some situations, the Council nominates Councillors to act as "observers" on the Board of Directors of a company. Although such observers would not be classed as Directors for most purposes, Councillors should be aware that if an observer's involvement increases, to such an extent that it could be said that there is an active engagement in the management of the company, they may be deemed to be a "shadow director" which may entail liability for losses etc. Page 173
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APPENDIX 2 3.24 Once elected to the Board, a Director has a number of duties and liabilities under general company law. The fact that a Director is appointed to the Board as a representative of the Council does not diminish his duties. The Director will be an agent of the company, whose prime duties and responsibilities are as follows:- 3.25 Director's Duties 1. A "fiduciary" duty to the company (not individual shareholders) to act honestly and in good faith and in the best interest of the company as a whole. This duty is similar to that owed by Councillors to Moray constituents. 2. A duty to act in accordance with the company’s constitution 3. A general duty to take reasonable care and skill in acting in the company's affairs including seeking professional advice when this is necessary. 4. A duty to exercise independent judgement when dealing with the company's affairs, rather than acting in accordance with a direction from another body represented by the Director (such as the Council in the case of a Director nominated by the Council). A Director representing another body may take into account the views of that body but cannot allow them to rule against the company's best interest. 5. A duty to avoid conflicts of interest. The interests of the Council and the company may conflict, but the Director's primary duty is to the company and not the other organisation he / she is representing. 6. A duty not to make a private profit from their position. Directors must therefore disclose any interest they or their family may have in relation to the company's contracts and only take further part in the discussions to the extent which the governing Articles permit. 7. A duty to ensure that the legislation contained in the Companies Acts is complied with e.g. submission of accounts. Failure to do so can lead to disqualification as a Director. These duties are normally undertaken by the company secretary. 8. A duty to have regard to the likely consequences of any decision on the company’s long term interests, the interest of the company’s employees, and to have a regard to the impact of the company’s operations on the community and the environment. 9. A duty to act fairly between members of the company 10. A duty to not accept a benefit from a third party conferred by reason of his being a director or his doing or not doing anything as Director 3.26 Director's Liabilities Page 174
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APPENDIX 2 Personal liability will arise in the following circumstances: 1. Liability to third parties where a company acts outside of its powers, and the Director knowingly causes or permits the company to so act. 2. Liability to members of the company for breach of trust, if he/she misapplies the money or property of the company. Directors may also be liable if they fail to take action to prevent the breach of a co-Director of which they are aware. 3. Liability to the company for any losses sustained where a Director abuses their position in some way, or fails to act in the best interest of the company. 4. Liability for losses caused by a Director who fails to exercise the requisite level of skill and care (and fails to seek appropriate advice). 5. Liability to contribute towards the company's assets where a Director knows or ought to know that there is no reasonable prospect of the company avoiding liquidation, but allows the company to continue to trade. This is called Wrongful Trading. A Director should alert his fellow Directors and the company's auditors where they are concerned about the company's position and seek advice as necessary. 6. Liability for Fraudulent Trading i.e. where a company deals with the intent of defrauding creditors or others. As well as a fine a Director may be disqualified from acting as a Director in another company. 7. Liability to pay damages where the Director deals with an individual or another company, who/which believes that the Director is authorised to so act, when in fact they have no such power. 3.27 Councillors who are Directors of companies to which they have been nominated by the Council are also under the following obligations: (a) to ensure that the remuneration they receive from the company should not exceed prescribed limits, and should be registered and declared; (b) to give information to Councillors about their activities as required by the Council (apart from confidential information); and (c) to cease to be a Director immediately upon disqualification as a Councillor. Unincorporated Associations 3.28 "Unincorporated Associations" cover a wide range of bodies. Unlike companies, they have no separate legal identity. They consist of a group of people who have come together for a common purpose and agreed to work together under a common set of rules. The rules often take the form of a Page 175
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APPENDIX 2 written constitution, which will set out in detail how the organisation is to operate. In joining a group each member agrees to abide by the constitution. 3.29 Normally, the constitution will provide for the election by the members of a management committee which will be responsible for the everyday running of the organisation. The constitution may also provide members to have annual general meetings to deal with business such as the accounts, appointment of the management committee etc. 3.30 Depending on the purpose for which the association is formed and the rules governing it, an association may be charitable and therefore require to register as a charity. 3.31 Because an association is not a separate legal entity, it cannot hold property in its own name. Any property which the association controls will have to be vested in an individual or individuals who are usually called the Trustees of the Association. They will usually hold the assets subject to the direction of the members, or (more usually) the management committee. 3.32 Duties 1. The members of the management committee, and the Trustees appointed to hold any assets for the association, must act within the constitution and must take reasonable care in exercising their powers. 3.33 Liabilities 1. The management committee members are liable for the acts or omissions or the organisation, but are entitled to an indemnity from the funds of the organisation if they have acted properly. If there are not enough funds, the committee members are personally liable for the shortfall. Management committee members can ask all of the members of the association to indemnify them for the shortfall in relation to a particular obligation. It is possible (subject to rules in the constitution) for insurance to be taken out to cover Trustees and members of the management committee for the liability. Because the Council cannot arrange this insurance, Councillors who are Trustees or management committee members should satisfy themselves that the Trust has adequate insurance to cover them. 2. Where members have acted outside their authority they may be liable to the members and any third party affected by their actions, for any losses sustained. 4. DECISION MAKING ON OUTSIDE BODIES 4.1 In carrying out their duties as a Trustee, Director or Management Committee Member, Councillors must take decisions without being influenced by the fact that they are a Councillor. Their primary duty in acting as a representative making management decisions for the outside body is to make these decisions in the interests of that organisation. Councillors should always Page 176
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APPENDIX 2 ensure that their fellow Directors/Trustees are aware of the fact they are Councillors. 4.2 Councillors may take account of the wishes of the Council when dealing directly with the affairs of the outside body, but this must come after the best interests of the outside body. Accordingly, Councillors should not take decisions for the outside body simply on the basis of the Council’s wishes. They should properly consider all the relevant issues, including the Council’s views and take a reasoned decision in the best interests of the organisation. 5. INSURANCE ISSUES WITH OUTSIDE BODIES 5.1 Because Councillors and officials who serve as Directors of companies or in other decision making capacities on outside bodies, serve the particular body rather than the Council, the Council cannot indemnify them against any claims brought against them personally. Where there is any possibility of legal liability therefore the company or outside body should put in place appropriate insurance cover to cover its Directors, officers, members etc. 5.2 The Council’s insurance cover will extend to Councillors and Council officials assisting outside organisations as advisors or observers, either facilitating exchanges of views or information as an extension of their Council duties or otherwise representing the Council, but the Council’s insurance cover does not extend to indemnify Councillors and officials who serve in an executive capacity on an outside body. Councillors and officials should be clear that if they serve on an outside body as decision makers they do so in a personal capacity. Outside bodies on which Councillors or officials serve therefore should have their own insurance cover. Page 177
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REPORT TO: CORPORATE COMMITTEE ON 27 AUGUST 2024 SUBJECT: REVIEW OF COMMUNITY COUNCIL SCHEME AND ELECTION ARRANGEMENTS BY: DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND ORGANISATIONAL DEVELOPMENT) 1. REASON FOR REPORT 1.1 To invite the Committee to consider and approve the arrangements for the review of the Moray Council Scheme for the Establishment of Community Councils and the future Community Council elections. 1.2 This report is submitted to Committee in terms of section III (B) (47) in terms of exercising the functions of the Council in connection with Community Councils. 2. RECOMMENDATION 2.1 It is recommended that the Committee agree to approve the:- (i) framework for the review of the Council Scheme for the Establishment of Community Councils; and (ii) arrangements for the Community Council elections, noting financial implications, as detailed in the report. 3. BACKGROUND 3.1 The Local Government (Scotland) Act 1973 requires local authorities to set schemes for the establishment of Community Councils (CC) in their area outlining various arrangements including a framework for CC formation, meetings, boundaries and administration. Periodically it is appropriate to review the CC scheme, prior to CC elections, and any amendments made come into effect at the next scheduled election. The proposed timetable and an outline of review process are shown in APPENDIX 1. Item 16. Page 179
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3.2 During the administration of the current CC term 2021-2025 situations have arisen which perhaps required clarity in the scheme and review or amendments have been suggested. These are outlined in APPENDIX 3. These initial specific areas will form part of the review alongside any consultation responses. Members also have the opportunity to take part in the two stage consultation period. 3.3 None of the CC boundaries have been identified for amendment prior to the review; but will be part of the consultation process and suggested amendments may come forward. 3.4 During the review an amended scheme will be open for public consultation, as per the timetable noted. The review will be conducted with the assistance of the Community Council Liaison Officer (CCLO). Once this process is complete the final CC scheme, with any further amendment, will be brought back to a future meeting prior to the Scottish Parliament elections for final approval. 4. COMMUNITY COUNCIL ELECTIONS ARRANGEMENTS 4.1 CC elections are scheduled to be conducted from August -September 2025 with a poll date set in October 2025; an indicative timetable is outlined in APPENDIX 2. 4.2 The Scheme of Electoral Arrangements for Community Councils will be reviewed in consultation with the Returning Officer, alongside the review noted above. 4.3 Awareness of the CC elections will be undertaken by CCLO and Democratic Services utilising as far as possible existing avenues of communication. As with previous CC elections, CCs will be actively encouraged to engage in their own promotion and awareness of the CC elections with the support of the CCLO. 4.4 As an indication, during the 2021 CC elections, 14 Community Councils were established without contest and 6 did not form, however 3 petitioned to form, with 1 being contested and a postal ballot was held. 5. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) CC’s contribute to community engagement and form part of the representative groups supporting and informing sustainable services. The Corporate plan values state that the Council will be responsive, promoting community participation and involvement and will listen to, and involve communities. (b) Policy and Legal Local Government (Scotland) Act 1973 – the Local Authority must provide a scheme for establishment of Community Councils in their area. Local Government etc. (Scotland) Act 1994 continues this provision. Page 180
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(c) Financial implications Review of Scheme - There will be some limited financial implications from the review related to the statutory publication of public notices and general administration in corresponding with CC’s and consultees estimated at £250. Community Council Elections (Nominations) – There will be financial implications for year 2025/26 related to the production of nomination papers and from the publication of the notice of poll which will be provided in print and online for download by the public, and administration costs in corresponding with candidates. Costs are estimated at £1,500 based on 2021 CC Election costs. Community Council Elections (Poll) in Year 2025/26 – There will be a financial implication relating to the production of further public notices and potentially postal votes, their postage and return in the event that a CC or sub-division is contested. This cost cannot be forecast accurately as it cannot be predicted how many CC electoral areas will be contested nor how many postal votes will be issued or returned. As an indication in 2021 there was 1 election, 2017 CC Elections there were no contests, in 2013 five sub-divisions were contested with the total cost amounting to £13,700. (d) Risk Implications As noted under (b) and (c). (e) Staffing Implications There are staffing implications for Democratic Services and the CCLO in undertaking the review of the scheme and the administration of the election which will be met within existing resources. Should any of the CCs be contested during the election in 2025/26 and a poll administered, additional staffing resources may be required for the purposes of preparation of the postal votes and the count. This requirement cannot be forecast at the present time as it is unknown how many, if any, of the CCs will be contested. However it is likely that if the requirement is for a low number then this will be met through utilising existing resources in Democratic Services. (f) Property None (g) Equalities/Socio Economic Impact Equalities runs as a strong theme within the CC scheme, code of conduct and CC members’ handbook. These provisions will be reviewed alongside other material in the scheme. Standard provisions relating to accessibility of election materials will apply as in all other elections. In relation to this report, it was determined following consultation with the Equalities Officer that at this initial stage an Equalities Impact Assessment was not required. Page 181
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(h) Climate Change and Biodiversity Impacts None associated with this report (i) Consultations Consultations in the preparation of this report have been undertaken with the Returning Officer, Head of Governance, Strategy and Performance, Communities Service Manager, Community Learning and Engagement Team Manager, Community Council Liaison Officer, and the Equalities Officer. 6. CONCLUSION 6.1 The Council has a statutory duty to maintain a scheme for the establishment of Community Councils within their local authority area. Due to the scheduled Community Council elections in autumn 2025, it is pertinent to review the scheme in light of issues that have arisen in the current term. Thereafter elections will be held based on the amended scheme. Author of Report: Tracey Sutherland, Democratic Services Manager Background Papers: n/a Ref: Page 182
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SPMAN-2045703626-407 APPENDIX 1 Community Council Scheme Review Process Prior to Community Council (CC) elections, the Moray Council (TMC) periodically reviews the current scheme and associated documents. The Moray Council Scheme of Establishment for Community Councils (CC scheme) was last reviewed in 2017. The next Community Council elections are due in autumn 2025. The review is a two stage process; • The first public consultation asks for proposals for amendments to be submitted for inclusion in a proposed CC scheme for 2025 – 2029. • The second public consultation asks for comments on the proposed scheme. Thereafter the proposed CC scheme and representations are reported to, and considered at a meeting of the Moray Council. The Council may amend the proposed CC scheme in accordance with the representations. If proposals are amended, further public notice and opportunity for comment (4 weeks) will be given. Report submitted to meeting of Corporate Committee to review scheme Public Notice given for intention to review CC Scheme inviting proposals 1st Phase Consultation comments published Draft Proposed CC Scheme 2025 – 2029 published with further public notice Comments submitted by stakeholders to the consultation Comments submitted by stakeholders to the consultation - 2nd Phase Consultation comments published - Draft Proposed CC Scheme 2025 – 2029 revised and submitted to meeting of TMC for approval Further consultation phase (4 weeks), if required if amendment made at TMC meeting 1st consultation phase (8 weeks) 2nd consultation phase (8 weeks) Draft CC Scheme 2025 – 2029 drafted with revisions to associated documents Item 16. Page 183
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SPMAN-2045703626-407 Associated CC documents which form part of the CC scheme or supplement CC administration are also reviewed simultaneously: - CC Mapping, boundaries and sub-divisions - Model Constitution and Standing Orders templates - Electoral Arrangements for CCs The statutory basis for reviewing community council schemes is set out in the Local Government (Scotland) Act 1973 s.53 and supplemented the Local Government etc. (Scotland) Act 1994 s22. The proposed CC Scheme review timetable is shown below and is subject to final confirmation when the public notice of review is published. First report to Corporate Committee with intention to review scheme Tuesday 27 August 2024 Public notice of intention to review 1st Stage consultation commences 28 August 2024 1st Stage consultation ends (8 weeks) Wednesday 23 October 2024 Report to Corporate Committee 5 November 2024 Proposed CC Scheme published and 2nd Stage consultation starts 6 November 2024 2nd Stage consultation ends (8 weeks) (excludes Christmas week) 15 January 2025 Second report to Corporate Committee with proposed CC Scheme 28 January 2025 Final, 4 week consultation period for amendments arising – if required 29 January 2025 ------ Page 184
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SPMAN- 2045703626-438 APPENDIX 2 Draft Community Council Elections 2025 (Provisional) Election Timetable* Last date for application to the Electoral Register TBC Notice of Election - Publication of public notice calling for Nomination of Candidates Monday 18 August 2025 First time for candidates to lodge nomination papers Tuesday 19 August 2025 Latest time for candidates lodging nomination papers Not later than 4pm on Thursday 2 October 2025 Final date for the withdrawal of nominations 4pm on Thursday 2 October 2025 Declaration of Community Council established, if uncontested 5pm on Thursday 2 October 2025 Start of new term for uncontested Community Councils Monday 6 October 2025 Publication of Notice of Poll for contested seats/Community Councils (if required) Thursday 2 October 2025 Postal votes for all contested areas prepared and printed Last day for Postal Votes to be issued for Contested Seats* By - 11 Wednesday 22 October 2025 Close of Poll (if required) 0 Thursday 30 October 2025 Counting of Votes +5 By Thursday 6 November 2025 Declaration of Community Council established (contested) (Election Results) +5 By Thursday 6 November 2025 * subject to review of the electoral scheme of arrangements for community council Item 16. Page 187
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SPMAN - 2045703626-437 APPENDIX 3 Specific issues for consideration as part of the Community Council Scheme Review 1) Roles and Responsibilities Review Community Council (CC) Scheme to review list of roles and responsibilities and make reference to the National Standards of Community Engagement. 2) Membership Numbers and CC Boundaries Review number of CC’s, membership numbers and boundaries to ensure there are still appropriate and current with regard to changes in the Local Development Plan, electorate, population and communities. Consider if small boundary reviews could be completed without a full review of the Scheme of Establishment. Confirm Membership status for office holders. Associate members cannot be a chairperson. Confirm requirements of secretary as the property of the CC is invested in the office holders. Also consider other membership options for young people and members of the Youth Parliament to increase participation. 3) Meetings Review scheme and amend if appropriate making provision for remote meetings during exceptional circumstances. Consider how other local groups report to CCs and links are made with other community organisations. 4) Supported Status Update provisions and guidance notes in relation to ‘supported status’ and the support offered by the CCLO when a CC faces issues with internal disputes and membership issues. 5) Data Protection Review scheme in relation to provisions of General Data Protection Regulations and amend CC scheme in relation to the publication of personal contact details for members and on ballot papers and election notice during elections. Item 16. Page 189
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SPMAN - 2045703626-437 6) Making reference to new policies developed during the current term The Community Council Liaison Officer, working with the Joint Community Councils for Moray (JCC), has developed guidance and policies for the CCs to adopt during meetings and also to allow them to gain external funding by having specific policies in place during the current term. This includes theSubcommittee policy and Social Media Policy. . Review wording within the CC scheme to make reference to new policies and endorse them, if appropriate. Consider other policies that are required for good governance of CCs. 7) Equalities and Inclusion Review provisions in this section of the CC scheme to ensure they are current. 8) Dissolution Update provisions and guidance notes in relation to dissolution of a CC. Page 190