Agenda Document Pack - Corporate Committee - 22/04/2025
Moray Council · 22 April 2025
Back to Corporate Committee — 22 April 2025 and its agenda
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Corporate Committee Tuesday, 22 April 2025 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, 22 April 2025 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 13 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 28 January 2025 7 - 10 5. Written Questions ** 6. Procurement Strategy Annual Review 2024-25 Report by Depute Chief Executive (Economy, Environment and Finance) 11 - 48 7. Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA) Annual Report and Revised Authorisation Policy and Procedure Report by Depute Chief Executive (Economy, Environment and Finance) 49 - 68 Page 1
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8. Workforce Working Group Concluding Report Report by the Depute Chief Executive (Education, Communities and Organisational Development) 69 - 74 9. Interim Workforce Planning Report Report by the Depute Chief Executive (Education, Communities and Organisational Development) 75 - 108 10. Employment Policy Framework 2024-2025 Report by the Depute Chief Executive (Education, Communities and Organisational Development) 109 - 122 11. Health and Safety Annual Report Report by the Depute Chief Executive (Education, Communities and Organisational Development) 123 - 156 12. Local Government Benchmarking Framework 2023-24 Results Report by the Depute Chief Executive (Education, Communities and Organisational Development) 157 - 182 Item(s) which the Committee may wish to consider with the Press and Public excluded 13. Future Workforce Report [Para 11] • 11. Information relating to any consultations or negotiations in connection with any labour relations; 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 let you into the Chamber. Page 2
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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 published on the Council’s committee management system by 4pm the day before the meeting. The Member who has put the question may, after the answer has been published, ask one supplementary question directly related to the subject matter at the meeting, 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 Peter Bloomfield (Member) 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, 28 January 2025 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 Marc Macrae, Councillor Paul McBain, Councillor Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor Draeyk van der Horn. IN ATTENDANCE The Interim Chief Executive, Depute Chief Executive (Economy, Environment and Finance), Depute Chief Executive (Education, Communities and Organisational Development), Head of Governance, Strategy and Performance, Head of HR, ICT and Organisational Development, Head of Housing and Property Services and Democratic Services Manager. 1. Chair The meeting was chaired by Councillor Bridget Mustard. 2. Declaration of Group Decisions and Members Interests * In terms of Standing Orders 21 and 23 and The Councillors' Code of conduct the Council noted that there were no declarations for Group Leaders or Spokesperson in regard to any prior decisions taken on how members will vote on any item on the agenda or any declarations of Member's interests in respect of any item on the agenda. 3. Resolution The meeting resolved that 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 10 and 11 of business on the grounds that it involves the likely disclosure of exempt information of the class. Para Number of the minute Para Number of Schedule 7a 12 Para 1 Information on issues relating to staffing matters 4. Minutes of meeting of 5 November 2024 The minute of the meeting of 5 November 2024 was submitted and approved. Item 4. Page 7
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5. Written Questions ** The Committee noted that no written questions had been submitted. 6. Trust Properties in Elgin The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) apprising the Committee of updates on bringing vacant residential properties under public trusts back into use and for approval of proposed changes to the scope of the activity. Following consideration, the Committee unanimously agreed: i) to note the updates in relation to the refurbishment of the two properties at Ladyhill and the anticipated payback period; ii) in principle that the six ‘Jubilee Cottages’ at Victoria Road will be leased from the trust to the Council on terms and conditions to be agreed by the Head of Housing and Property, the Head of Governance Strategy and Performance and the Chief Financial Officer; and iii) to authorise the Head of Housing and Property, in consultation with the Chief Financial Officer and the Head of Governance Strategy and Performance, to agree the detailed terms of the lease subject to the proposal being financially sustainable. 7. Best Value Action Plan Monitoring Quartlerly Update The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) informing the Committee of progress against the actions set out in the Council’s Best Value Action Plan since the last quarterly update on 4 November 2024. Following consideration, the Committee unanimously agreed to note the progress made against the actions in the Council's Best Value Action Plan (Appendix 1). 8. ICT Strategy and Plan 2025-2028 and Digital Update The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) informing Committee of the progress made against the current ICT and Digital Strategy and Plan and seek agreement of the updated ICT Strategy and Plan for 2025-28. Following consideration, the Committee unanimously agreed to: i) note the progress made against the 2023-24 ICT Plan; ii) that in order to enable the development of future opportunities for digital transformation, the ICT Strategy is set out separately from the future focused Digital elements, which will come forward to committee as part of planned Transformation work; and Item 4. Page 8
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iii) approve the ICT Strategy 2025-2028 and 2025/26 Plan (Appendix 1) 9. Transformation Strategy Development The meeting had before it a report by the Depute Chief Executive (Education, Communities and Organisational Development) asking the Committee to consider and note progress on the delivery of the Council’s Transformation Strategy as part of the ongoing monitoring of progress. Following consideration, the Committee unanimously agreed to note progress on the delivery of the Council's Transformation Strategy. 10. Leadership Development The meeting had before it, a report by the Depute Chief Executive (Education, Communities and Organisational Development) informing the Committee of progress regarding developing leadership capacity in accordance with the Corporate Workforce Plan 2024/25, Best Value Action Plan and HR and OD Service Plan 2024/25. Following consideration the Committee unanimously agreed: i) to note the indicative Leadership Development Strategy and Plan to address corporate and individual leadership needs; ii) taking initial steps to support leadership development as set out in the report as part of an introductory phase; and iii) to note that the indicative strategy and plan will be further developed and refined and reported to committee for approval following the corporate management structure review and commencement of the new Chief Executive. 11. Updated CCTV Policy The meeting had before it, a report by the Depute Chief Executive (Education, Communities and Organisational Development) requesting the Committee to consider and approve an updated Council wide Closed Circuit Television (CCTV) Policy v2.0. Following consideration, the Committee unanimously agreed to approve the updated CCTV Policy as set out in Appendix 1 and summarised in Section 4 of the report. 12. Proposed Chief Executive Performance Review Process and Mentoring Support Arrangements [Para 1] The meeting had before it, a report by the Interim Chief Executive, recommending a new Performance Review Process and mentoring arrangements for the Council's new Chief Executive. Following consideration, the Committee unanimously agreed: Item 4. Page 9
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i) the performance review process for the Chief Executive for implementation from April 2025 as set out in Sectino 5 of the report; ii) the core competencies for the Chief Executive as detailed in Appendix 1; iii) the use of 360 degree feedback evaluation in support of the Chief Executive's annual performance review; and iv) that a suitably experienced external advisor and mentor, mutually agreed between the Performance Review Panel and the Chief Executive, is appointed to support the process. Item 4. Page 10
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1 Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: FIN001/25/LP/EMac Author: Emily MacLeod Contact Email: emily.macleod@moray.gov.uk Subject: Moray Council’s Procurement Strategy, 2023-26 (2024/25 annual review) 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve the 2024/25 annual review of the Council’s Procurement Strategy, 2023-2026 (‘procurement strategy’). 1.2 This report is submitted to Committee in terms of Section III B (21) of the Council’s scheme of administration relating to procurement arrangements. 2. SUMMARY 2.1 This report is provided to Committee to seek approval for the Procurement Strategy following its annual review in 2024/25. The revised Strategy incorporates updated financial information and a revised statement on ethical procurement. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Consider and note the changes to the Strategy as set out in section 5 of this report; and ii) Approve the Procurement Strategy for 2023/26 as amended following review. Item 6. Page 11
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2 Emily MacLeod Assistant Procurement Manager 4. BACKGROUND AND CONTEXT 4.1 The Procurement Reform (Scotland) Act 2014 (‘Reform Act’) requires the Council as a public organisation with an estimated annual regulated spend of more than £5 million to develop or review a procurement strategy annually. 4.2 The current procurement strategy was developed and approved by the Corporate Committee on 29 August 2023 (paragraph 11 of the Minute refers) and set the Council’s direction up until 2026. 4.3 As required by section 15 of the Reform Act, we have undertaken an annual review of the strategy for the year 2024/25, making some minor changes, mainly updating financial information, and also reviewing the Council’s statement on ethical procurement. These changes are identified below in 5.1. 4.4 The Council’s Annual Procurement Report is another legislative requirement of the Reform Act and is tied to the procurement strategy. The report showcases the Council’s annual performance against procurement targets and commitments and was reported to this committee on 5 November 2024 (paragraph 8 of the Minute refers). 5. PROPOSALS 5.1 Proposed updates throughout the procurement strategy include changes to reflect 2023/24 figures (including table of figures). 5.2 Updated the vision statement to reflect changes to our corporate priorities, and now read ‘…tackling poverty and inequality, building stronger, greener, vibrant economy and building thriving, resilient, empowered communities…’ 5.3 Minor formatting, grammar, font, and date amendments throughout, for reasons of currency and clarity. 5.4 Greater emphasis on ‘ethical issues in procurement’ as well as a proposed update to the statement on ethical procurement, including the introduction of a new statement of expectation for officers that aligns with the Council’s commitment to supporting and promoting the use of fairly and ethically traded goods where possible 5.5 Quick quote lower threshold updated from £5,000 to £10,000. This amendment follows review of appropriate limit, to reflect increase in prices since first approved. 5.6 Updated strategy to reflect recent changes to the procurement support model/DPAP (departmental procurement action plan) review within the financial year Item 6. Page 12
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3 5.7 Governance chart, and accountability chart updated to reflect change in duties and responsibility for the annual procurement report and procurement strategy. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✓ Policy and Legal ✓ Financial ✓ Risk ✓ Staffing ✓ Best Value and Transformation ✓ Property ✓ Information Communications Technology/Digital ✓ Equalities. Social Inclusion and Economic Impact ✓ Climate Change, Biodiversity and Sustainability ✓ 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build a Stronger Greener Vibrant Economy. ☐ Build Thriving, Resilient, Empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal The Council must meet the legislative requirements of the Reform Act, which includes ensuring an annual procurement strategy is in place, or that the strategy has been reviewed. Failing to maintain a procurement strategy may impact on the Council’s ability to meet legislative requirements and increases legal risks. Item 6. Page 13
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4 The Council’s procurement policy, which sets the overall aims for procurement was agreed by the Policy Committee on 29 August 2007 (paragraph 11 of the Minute refers). This policy is scheduled for review in the 2025/26 financial year as detailed in the Procurement Action Plan (Annual Procurement Report for 2023/24) and will be reported to the Corporate Committee once complete. 6.4 Financial The procurement strategy outlines the Council’s approach and goals for achieving optimal value for money whilst ensuring compliance with legislative requirements, given the Council’s role as a public entity managing public funds. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments N/A N/A N/A N/A N/A N/A Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A 6.5 Risk The Council must meet the legislative requirements of the Reform Act, including those relating to the procurement strategy. Failing to maintain a procurement strategy may impact on the Council’s ability to meet legislative requirements, achieve savings and benefits in the future. 6.6 Staffing None arising from this report. 6.7 Best Value and Transformation The procurement strategy supports the work of the Council in delivering a high quality, professional procurement service that achieves value for money across all services and contributes to the achievement of our corporate priorities. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact Item 6. Page 14
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5 The procurement strategy details the way in which the Council commits to economic responsibilities, equality of opportunity in the procurement process. Equality impact assessments were last carried out on the procurement process in August 2016. 6.11 Climate Change, Biodiversity and Sustainability Impacts The procurement strategy sets out the way in which the Council aims to deliver sustainable outcomes from each contract, supporting the Council’s overall sustainable targets in the Corporate Plan. The Climate Change Strategy which includes specific actions for procurement but also sets the wider challenge to affect the required culture change in everything we do to ensure that climate change is at the forefront of our intentions, including the development of specifications for external goods and services. 7. CONSULTATION 7.1 This report has been prepared in consultation with Heads of Services, Rod Lovie, Principal Climate Change Strategy Officer and Business Gateway Area Business Manager and Democratic Services Manager and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Moray Council Annual Procurement Report 2023-24 (which contains the Procurement Action Plan for 2024-26) 8.2 Moray Council Procurement Strategy 2023-26 8.3 Corporate Committee Report, Tuesday 29 August 2023 Item 6. Page 15
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6 Right Rationale Right Route Right Result Right Reward Right Research MORAY COUNCIL PROCUREMENT STRATEGY 2023/2026 Annual review 2024/25 Item 6. Page 16
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7 Contents Introduction 9 Procurement for Moray 10 Vision Statement 11 Strategy Rationale 12 Procurement Spend and Savings 13 Procurement Objectives 17 Moray Council Process 24 Procurement Measurement 35 Glossary 36 Item 6. Page 17
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8 Introduction This strategy outlines our priorities for the period 2023 to 2026. Building on the high level Scottish Government Public Procurement Strategy for Scotland (2023 to 2028) https://www.gov.scot/publications/public-procurement-strategy-scotland-2023-2028 the Moray Council Strategy provides the local level detail to support the ambitions contained within that plan. At a Council level we aim to deliver a high quality professional procurement service that achieves value for money across all services and contributes to the achievement of our corporate priorities, whilst taking account of our duties as required in the Procurement Reform (Scotland) Act 2014. The strategy recognises that the procurement of goods, works and services has a major impact on many aspects of life in Moray, including the environment, social factors and local economic development. The Council recognizes the important impact public sector procurement can have for local businesses and aims to maximize benefits for local communities, giving Value for Moray. The strategy gives a clear direction and approach to deliver improvement to our procurement process over the next three years and will be supported by an annual review of procurement targets and actions designed to ensure that the procurement process meets the needs of the Council and local communities, now and in the future. It is important to recognise however that this strategy does not, of itself, lead to effective procurement. The commitment of senior management, elected members and lead officers throughout the council are all important to its success. As the Chair of the Committee with responsibility for procurement, I recognise that this strategic approach to the subject can achieve significant benefits for the Council, the local people, local services, local businesses and the local environment. The Strategy places a strong emphasis on Community Wealth Building, using our procurement spend to add value to the local economy. Councillor Bridget Mustard Chair of Corporate Committee Item 6. Page 18
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9 Value for Money Procurement for Moray Procurement is the total process of acquisition and disposal, starting from the identification of a requirement. It therefore includes pre-contract activities (options appraisal and sourcing) and post contract activities (contract management and supplier relationship management). The Council is mindful that the impact of procurement is far greater than this definition of a ‘process’ and our vision, objectives and principles as set out in this strategy illustrate the contribution that effective procurement arrangements can make to wide ranging socio-economic agendas. These include equality and diversity, a successful local economy, a thriving voluntary and third sector, environmental issues (including the Council’s commitment to Climate Change), ethical issues and value for money and for Moray. The Procurement Strategy is built on the successes delivered under the previous strategies by continuing the development of an effective centralised procurement operation. The Procurement team provide early engagement in service development and continue with support throughout the life of a contract. This can add a strategic element to the process and as a consequence lead to more wide ranging commercial excellence and Value for Money rather than just procurement success Scottish Procurement Model Item 6. Page 19
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10 Vision Statement for Moray Council Procurement To embed commercial excellence throughout the organisation, ensuring that our services always deliver Best Value for Moray through the consistent application of this strategy, embedding community benefit and climate focus in our procurement processes to deliver the corporate priorities of Tackling Poverty and Inequality, Building a Stronger, Greener, Vibrant Economy and Building Thriving, Resilient, Empowered Communities, supporting an economy based on well-being and inclusion. Item 6. Page 20
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11 Strategy Rationale To support the Council in achieving its overall aims, details of which can be found in the Corporate Plan 2024, which outlines Moray Council’s contribution to the priorities in Local Outcomes Improvement Plan (LOIP). This strategy has been developed to focus on how procurement will deliver our externally provided services. It is clear from the challenges highlighted in our long term plans that delivering first class, innovative services for Moray will not be easy. Every contract opportunity will have to be explored to ensure that all aspects of the requirement are considered before tendering, the request clearly sets our requirement; the resultant submissions are evaluated according to our priorities, adopted in the most efficient manner and monitored throughout the delivery of the contract. It is therefore essential that the content of this strategy forms the basis of every procurement, with all stakeholders committed to delivering its direction. Current Moray Council limits determine the direction of any procurement: Under £10,000 – best price £10,001 to £50,000 – Quick Quote (QQ) £50,001 + – regulated tender £50,001 to £2,000,000 – following supplier selection process, a quotation process for certain construction projects. Item 6. Page 21
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12 Procurement Spend and Savings Moray Council procurement spend is measured in a number of ways, using the systems and data to best present an accurate picture. The following uses the latest set of complete data (2023/24) to provide context for this Strategy and shows how much we spend by contract category and by department along with data on both cash and non-cash savings. Contract Register Values At the point of contract award an impact statement is prepared for each project highlighting the values associated with that contract. This data is used to populate the contract register and calculate the following values for contracts live during the relevant year: 2023/24 Estimated Contract Annual Value and Number by contract category Category A – National £6.3M 31 Category B – Sectoral £48.6M 167 Category C – Local £75.1M 280 Category C1 – Collaborative £1.1M 13 Category O – Other Organisations £8.9M 141 Regulated Total £140M 632 Item 6. Page 22
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13 In addition to the register entries for all contracts that have been awarded via the competitive tendering process we also record all sub-regulated value contracts that are awarded by the Quick Quote (QQ) process (individual contracts each with a total estimated value of less than £50,000 across the life of the contract). Non regulated - QQ 1.51M 74 Total including QQ £117M 663 The figures above are based on the estimated annual value for the Council’s live contracts during 2023/24. However, in order to determine the true overall picture we have to analyse the spend information available from the Council’s financial management system. This shows us the actual relevant spend was £137m (£127m 2022/23) for the year with £3.6m (£1m for 2022/23) non- commercial (ie. refunds, grants, etc). £126m (£115m for 2022/23) spend was with contracted suppliers leaving a total of £7.3m (£12m for 2022/23) with non-contracted suppliers. Spend with non-contracted suppliers is regularly reviewed to identify areas where the Council would benefit from having a contract in place ie potentially recurring expenditure as opposed to expenditure which is likely to be one-off. Given the seasonal nature of and varying annual spend on some of our commodities it is hard to be totally accurate when estimating total contract spend over the life of the contract. Savings As well as recording the contract values the impact statement for each contract also identifies the anticipated savings categorised as follows: 1 Anticipated cash saving Budget not adjusted Savings insignificant Budget too diverse Budget not identified 2 Anticipated cash saving Budget Adjusted Budget adjusted in line with Impact statement 3 No baseline – savings cannot be established Data not available at commodity level Baseline is historic (infrequent purchase) Item 6. Page 23
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14 Contract will be reviewed (annual anniversary) with contracted supplier to establish savings 4 No Savings anticipated Contract has resulted in no savings or indeed an increase 5 Non Cash Non cash benefits 6 Capital (new for 2017) Capital projects delivering savings against estimated budget at contract award 7 Rebate (new for 2018) Centralised collection of rebates The Council had set a procurement savings target of £1m for 2023/24 and reported the following savings for that year: 2023/24 Cash Savings Contract Category Savings Type 1 (unadjusted budget) Savings Type 2 (adjusted budget) Savings Type 6 (capital saving) Category A - National £0.122M £0.132M £0.000M Category B - Sectoral £0.009M £0.000M £0.355M Category C - Local £0.659M £0.800M £0.142M Category O – Other organisation £0.001M £0.000M £0.382M Quick Quotes £0.000M £0.006M £0.000M Total £0.791M £0.938M £1.261M Item 6. Page 24
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15 Non-cash benefit data is categorised into 8 main headings (listed below) with 28 more detailed sub headings. 2023/24 Non Cash Contract Benefits Cost Avoidance 8 Collaboration/Process 217 (All national and sectoral (Category A and B) contracts fall into this category) – see p20 below) Rationalisation 11 P2P Process 7 Environmental 22 Social 13 Community 54 Living Wage 128 Total 460 Item 6. Page 25
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16 Procurement Objectives The following key objectives have been developed to ensure that Moray Council achieves Best Value whilst also delivering on our procurement duties and responsibilities under the Procurement Reform (Scotland) Act 2014. In addition to these objectives there is an over-arching objective that the Council will be an ethical procurer and the next full scale review of the Procurement Strategy will incorporate a fuller development of that objective. a. Savings – considering the potential savings a contract may deliver. Moray Council has developed a Procurement Savings Strategy to be applied to each project. A review of the Savings Strategy (written in 2016) will be scheduled to confirm if it is still relevant. b. Contracts – managing the forthcoming procurement activity is key to ensuring early engagement and influence by the procurement team. A new category management process is being introduced to facilitate this and improvements in planning future procurement activity (including major capital projects) are being developed. c. Compliance – ensuring that all procurement activity complies with statutory and regulatory requirements both national and local. d. Accessibility – ensuring that contracts can be structured in such a way as to allow access to Council business, wherever practical, to local suppliers, micro, small and medium enterprises and the third sector. Building on the Community Wealth Building Strategy - http://www.moray.gov.uk/moray_standard/page_149231.html introduced by the Council in 2023 and revised in 2024, relevant procurement activities will consider the potential local impact of the contract and service delivery as part of the tender development. e. Community Benefits – ensuring that all relevant contracts have considered the inclusion of community benefits that will benefit the local Moray community. Aspects of Community Wealth Building sit within the ambit of community benefits f. Sustainability – ensuring that all relevant contracts are arranged to include sustainable procurement requirements and contribute towards the Council’s targets for climate change as detailed in the Climate Change Item 6. Page 26
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17 Strategy.http://www.moray.gov.uk/downloads/file136442.pdf. The Council has published a sustainable development statement which links to Corporate Best Value Self-Evaluation to determine how the Council reports on sustainable development issues through the Corporate Plan, 2024-2029 which underpins Service Plans. and sustainable development as set out in the Sustainable Development Statement - Measurements have been developed to collect outcomes for these objectives and were incorporated into the Moray Council Procurement Action Plan 2024/25 a. Savings Purpose To achieve the targeted savings. Activities Various methods will be employed to maximise both cash and non-cash benefits from our contracts: • Applying the Procurement Savings Strategy to all relevant projects leading to early identification of potential savings. • Ensuring effective contract management to manage these contracts, ensuring delivery of identified benefits and any other potential added value opportunities that may arise during the lifetime of the contract. • Increasing use of collaborative contracts with other public sector organisations, thereby effectively sharing and where possible leading on, national and regional benefits • Developing and implementing more efficient ordering and invoice processing methods Main Measure • Savings achieved Item 6. Page 27
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18 b. Contracts Purpose To ensure that all contract activity for the coming year is allocated, project managed and effectively delivered within expected timeframe by the Procurement team. All key contracts and suppliers are effectively managed by Departmental Lead officers and supported by the Procurement team throughout the lifetime of each contract. Activities Collaborative and forward planning between the Procurement team and Moray Council Departments is key to the getting the right resource at the right time: • Departmental Action Plan process - The Procurement team engage with Service Heads and Lead Officers to produce their service procurement annual plan, including local, sectoral and national contract activity. A new continuous DPAP process has been developed and will be implemented in 2025/26. • Service procurement plans are merged to produce the annual Moray Procurement Activity Programme • Resources are allocated on a quarterly basis to meet the planned activity • Weekly monitoring of Procurement team activity ensures that all projects are progressing, escalating those that are not • All contracts are supported by the development of a Procurement Strategy document, a complete record of the decisions and direction taken during the lifetime of the requirement Main Measure • Percentage of unplanned activity taken to award in the year Item 6. Page 28
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19 c. Compliance Purpose For Moray Council to make the most of our procurements and to avoid challenge and unfair practices, we must ensure compliance with national and local regulation. Activities Managing expectations from a tender exercise will minimise the risk of poor outcomes and potential legal challenge: • All regulated contracts receive procurement team support to ensure compliance to legislation and council regulation • Procurement team peer review of each project to ensure compliance • Procurement team review of quote submissions prior to publication • Review of Moray Council transactions to ensure compliance with procedures. This includes contract background, (which may result in approach to single supplier), Purchasing process (purchase order present), payment in advance and emergency actions • Moray Council has for some time mandated the use of publiccontractscotland (PCS) portal for advertising our opportunities but also uses the linked electronic tendering system publiccontractscotland – tender (PCST) for all appropriate tenders Main Measure • Percentage of Accounts Payable transactions with a Purchase Order number during year. Item 6. Page 29
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20 d. Accessibility Purpose To make sure that Moray Council opportunities are accessible by all Activities A number of actions are undertaken at various stages of a procurement to ensure that we reach as wide an audience as possible: • Early engagement between Department and Procurement team to allow time for market issues to be considered • Good market research • Stakeholder engagement • Sub-contractor and supply chain considerations making use of PCS • Maintaining links with local and national forums, Scotland Excel (SXL), Business Gateway, TSI Moray, Public Contracts Scotland (PCS) • Work with the Supplier Development Programme (SDP) • Work with the Council’s Economic Development service and the Supplier Development Forum to engage with local suppliers and develop their ability to tender for council opportunities. • Hold and participate wherever possible in procurement events, promoting access to Moray Council contracts, Main Measure • Percentages of contract numbers and values with Small to Medium sized Enterprises during year Item 6. Page 30
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21 e. Community Benefits Purpose To maximise our use of community benefits for all contracts – although our legislative duties relating to Community Benefits only applies to contracts over £4M, Moray Council will consider the development and inclusion of such clauses in all our contracts taking into consideration the value and commodity in question. Activities • Ensure that the procurement process considers what the Council wants from the procurement and how community benefits can support the objectives providing added value to the commercial process • Maintain a local focus on the potential benefits arising from any such contract clauses • Support Scotland Excel in the development of Local Authority (category B) contracts, ensuring the same level of local consideration is included (where possible) • Report annually on performance based on Moray Council categorisation of benefits • Challenge contractors to highlight their Fair Work First practices (including their stance on the Living wage) in tender responses • Challenge contractors to outline their approach to climate change issues in tender responses • Consider innovation and potential added value developments during tender development and the lifetime of the resultant contract Main Measure • Number of contracts commenced during the year which have a non cash benefit by category Item 6. Page 31
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22 f. Sustainability Purpose To deliver sustainable outcomes from each contract that support the Council’s overall sustainable targets in the Corporate Plan and service plans as reflected in the Sustainable Development Statement ( http://www.moray.gov.uk/downloads/file158184.pdf ) and to widen this approach to at least consider the impact a contract may have no matter how small. The Procurement Reform (Scotland) Act 2014 formalised work which had previously been undertaken to develop the wider ranging benefits that can come from a structured procurement project and introduced a set of sustainable procurement duties that public organisations have to incorporate into their process. Activities • Procurement team to challenge each project to consider sustainability issues at stage one of the development of the requirement • Performance reported annually based on Moray Council categorisation of benefits • The Council will use the Scottish Government Flexible Framework tool to measure our progress against organisational procurement strategies and help build an action plan for future developments in this area • Make use of the Scottish Government prioritisation tool to establish the sustainable priorities for each Council service • Complete the actions identified in the Climate Change Strategy attributable to procurement activities – see below Climate Change - Although linked to the Councils commitment to sustainability and the Procurement Reform (Scotland) Act 2014 duties for Economic, Social and Environmental issues, the focus on Climate Change received additional emphasis with the declaration of Climate and Ecological Emergency by the Council in June 2019. To achieve the goal of net zero the Council has Item 6. Page 32
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23 Moray Councillors Corporate Committee Financial Regulation Annual Strategy & Target/Annual Report Audit and Scrutiny Committee Corporate Management Team / Chief Financial Officer Annual Procurement Improvement Plan Procurement Procedures Assistant Procurement Manager Annual Strategy Internal Auditor Annual Audit Plan Procurement Team Procurement Support Audit Team Audit Reports developed a Climate Change Strategy http://www.moray.gov.uk/downloads/file136442.pdf which outlines the actions required by officers and members. This includes a number of specific actions for procurement but also sets the wider challenge to effect the required culture change in everything we do to ensure that climate change is at the forefront of our intentions, including the development of specifications for external goods and services. Main Measure • Percentage of contracts commenced during the year which have a sustainable target. Moray Process Procurement Structure The Council has adopted a centralised procurement operation. The key element to that operation is the Departmental Commodity Lead Officer, the business expert who leads on all procurement projects for that commodity and who is supported by the procurement team. In order to ensure a consistent approach to procurement across the Council, a standard procurement process has been developed which all officers are required to follow. This is incorporated into our Financial Regulations and Procurement Procedures which provide a step by step guide on the main components of the procurement process. Procurement procedures must be followed by all officers without exception. The Procedures are reviewed and updated annually to take account of national and local regulatory changes and initiatives. Ultimately the Chief Executive is responsible for all procurement carried out within the Council. However governance and accountability for procurement has been delegated: Item 6. Page 33
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24 Moray Councillors Procurement Policy & Strategy Corporate Management Team/Chief Financial Officer Corporate Procurement Progress Assistant Procurement Manager Corporate procurement progress Annual procurement report Heads of Service Departmental Procurement Progress (DPAP) Budget Managers Managers Contract Authorisation Lead Officers Contract Management Authorised Procurers/Procurement Officers Tender strategy and process • Moray Councillors will provide the strategic leadership required to ensure that Officers execute their procurement duties effectively, efficiently and economically and that they also promote and establish constructive supplier and stakeholder relationships in order to deliver best value and quality services to the community and to deliver Best Value for Moray. • The Procurement Team will support departments in their preparation to meet the governance and accountability requirements. • Internal and External Audit will be responsible for auditing departmental procedures to ensure compliance. Accountability Moray Council is committed to providing fairness and transparency in the way we procure and all those involved must be responsible for the discharge of their duties in all procurement activities. In the procurement process there are three key distinguishable roles, they are: • The Head of Service, who will determine the service procurement strategy, prioritising the procurement activity and ensuring that there are sufficient authorised resources to meet their requirements. Given the strategic importance of the Department’s role in the delivery of compliant procurement, the annual Departmental Procurement Action Plan was developed with each Head of Service for the 2024/25 financial year. The review and launch of the new procurement support model was completed in early 2025 and is being used to inform the procurement priorities for the coming two years. Item 6. Page 34
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25 • The Lead Officer/Budget Manager, who perceives the need and makes out the business case to obtain any necessary approval to spend, then commissions the appropriate procurement process. Lead officers may also be assigned to a defined list of commodities and they will represent and take responsibility for the Council in all procurement matters pertaining to the assigned commodity • The process for H&SCM and Children’s Services differs from the above, in that they have commissioning teams who co- ordinate the early commissioning function and support the longer term contract management. An action is recorded on the Procurement Action Plan 2024/25 to review the Procurement Procedures and reflect this approach. • The purchaser, who fulfils the procurement role, is responsible for ensuring that the procurement process fully complies with Procurement Procedures. Six levels of procurement responsibility have been identified and only officers who have completed the mandatory training course can procure on behalf of the Council. All procurements undertaken by trained officers will be supported by the procurement team. Contract Management The purpose of contract management is to ensure that all parties to a contract fully meet their respective obligations as efficiently and effectively as possible, delivering the business and operational outputs required from the contract and providing value for money. It also protects the rights of the parties and ensures required performance against key targets. The main requirements of the Moray Council approach are: • All contracts will include quality and performance standards to ensure that the Council achieves value for money from its suppliers Item 6. Page 35
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26 • All contracts will be subject to continual review to ensure suppliers are meeting the agreed performance standards. This will include holding review meetings at suitable intervals • There will be a clear understanding and monitoring of contractual and supplier risk • There will be effective handling of contract changes • A good working relationship will be maintained with all suppliers which includes clear channels of communication The management of a contract is the responsibility of the departmental Lead Officer. The procurement team provides support for contract where performance is in question and improvement is required. Collaboration The Council recognises that collaboration in procurement can achieve significant benefits such as: • Reduced duplication of procurement effort • Better utilisation of scarce resources and skills • Aggregation of spend to create greater purchasing power which will, in return, result in greater cost savings • The spread of best practice Collaboration can take place at a number of levels: National – through Scottish Procurement and Commercial Directorate (category A contracts) Item 6. Page 36
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27 Sectoral – the Council is a member of Scotland Excel, the Centre of Procurement Expertise for local authorities (category B contracts) Local – direct collaboration with other neighbouring organisations i.e. Highland or Aberdeen City and Shire Councils (category C1 contracts) Organisational – utilising existing collaborative arrangements put in place by other organisations e.g. Scottish Procurement Alliance, Scottish Housing Association, shared framework contracts etc (category O contracts) We will actively collaborate wherever possible, subject to detailed contract assessment of the resultant offering to ensure that it meets our aims and objectives. Hub North Scotland is a strategic partner in a number of major projects and has been assessed positively as an organisation which can be directly approached for collaborative working. Contract Register A corporate contract register is updated monthly and published on the Council website, giving internal management and external visibility of all contracts awarded by the Council thus promoting transparency and fulfilling our duty under the Act. The register is updated by the procurement team as procurements progress through to award. Lead Officers provide benefit information at award stage through an Impact Statement which outlines the benefits and added value the Council will take from the contract. This data is used annually to report statistical information to Corporate Committee on the Council’s procurement activity carried out in the past year and the overall benefits achieved (both cash savings and non-cash benefits). Demand Management The centralised Procurement operation in place for Moray Council includes the provision of a central buying team. Well versed in corporate contract content, they receive all Council requisitions (apart from any purchase made via a stock system), source the need and place the order. This centralised focus allows the Council to manage immediate orders, specialist requirements and build on the management information produced to meet changing demands. Working with contracted suppliers we can look for added value within a contract, and identify opportunities based on requested demand. Item 6. Page 37
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28 Strategic considerations for individual projects In addition to the process employed by Moray Council to deliver the contracts, purchases and payments, during the development of any requirement there is a wider consideration of economic, social and environmental factors that will also support the organisation’s ultimate aims. This wide ranging consideration is documented within each procurement strategy and the achievements against the aims set monitored throughout the life of the contract via our contract management arrangements. A summary of the tender development and contract award is prepared for Service Heads at the end of each project, providing information on the sustainability content and financial impact of the resultant contract. In addition to sustainability, consideration will be given to ethical issues when each procurement strategy is developed. An assessment framework will be developed to strengthen this process. Responsibilities under the Procurement Reform (Scotland) Act 2014 Economic The Council is committed to using a mixed supply base to help stimulate innovation and value for money. An important element of this is support for small and medium sized enterprises (SMEs) and voluntary third sector suppliers to make it easier for them to compete for Council contracts. The Council have an on-going ambition to maximise local procurement opportunities whilst still meeting its legal obligations under Scottish law. The Council aims to encourage local regeneration: • Advertise all opportunities over £10,000 but under £50,000 on PCS (quick quote) – to include at least one local supplier and/or 1 SME • Consider SME involvement in opportunity at procurement strategy stage • Make best use of PCS ‘Supplier Finder’ functionality for supplier selection • Attend and support relevant partner events (Business Gateway, TSI Moray, etc.) Item 6. Page 38
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29 • Hold supplier events – roadshows, surgeries and meet the buyer events as required • Make full use of our full membership of the national Supplier Development Programme (SDP) at Board, Regional and local level. • Sit on a local forum made up of Council procurement staff, Economic Development staff, HIE, UHI, NHS and Business Gateway to discuss and support supplier development in Moray. This forum will work to encourage local supplier engagement with the opportunities presented by the Council and through community wealth building also look at opportunities with other anchor organisations in Moray • Provide supplier debriefs post contract award – to provide performance feedback • Develop reports to show local and SME involvement in Council procurement activity • Make the procurement process proportionate to the complexity, risk and value of contract • Where appropriate make use of contract lotting to allow SMEs to compete for the opportunity • Encourage the creation of reusable supplier e-tendering profiles) within PCS-T • Consider the potential use of reserved contracts (see glossary) where the opportunity allows for such a structure • Consider the supply chain involvement in Council procurements – particularly around our use of frameworks and subsequent contractors’ use of local sub-contractors. • Develop contract clauses that look for investment in the skills development of the workforce and insist on prompt payments of sub-contractors in our contracts Item 6. Page 39
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30 Social The issues that will be considered during a procurement project are wide ranging and include the social wellbeing of the citizens of Moray. Resilient and inclusive local economies which enhance wellbeing are also part of the ethos of community wealth building. Wherever possible the resultant contract should try to promote good quality and affordable housing, safer communities, supporting children and young people, access to art and leisure opportunities, education. Health related factors are also to be considered to ensure that should our contracts have an impact in this area, it is a positive one. Encouraging the voluntary sector and supporting the Community Empowerment (Scotland) Act 2015 may also influence the content of specification and resultant contract. The examples above highlight the areas that have been specifically listed in the guidance that supports the Procurement Reform (Scotland) Act 2014 but are not exhaustive. Promoting positive outcomes for Moray citizens should always be one of the key drivers when developing a procurement project. Environmental The Council commits to improve our management practices to reduce our impact on the environment. Our procurement objectives in this area link to the Councils Climate Change Strategy - http://www.moray.gov.uk/downloads/file136442.pdf which set a goal of being carbon neutral by 2030. Specific actions have been asked of procurement which include: • The inclusion of statements around climate change in relevant contracts. • Deliver and Record climate change sustainability benefits achieved through the procurement process • Continue to deliver sustainable procurement guidance to officers to raise awareness of climate change aspects in the procurement process Other commitments Equalities – The Council is committed to equality of opportunity in the procurement process. We aim to: Item 6. Page 40
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31 • Ensure that all tender opportunities are fair and transparent • Require companies tendering for Council contracts to practice equalities in employment and service delivery • Carry out Equality Impact Assessments on services to be procured, where relevant and proportionate, to ensure that services meet the needs of our service users • Carry out Equality Impact Assessments on the procurement process to ensure equal treatment and non-discrimination of contractors. The process will be reviewed every 3 years • Include equality issues in our contract management process • Consider the use of award criteria that will assist the Moray Council in meeting its Public Sector Equality Duties. These criteria will be based on the Equality Impact Assessments of the services to be procured Ethical Procurement – Where appropriate and practical, we will design our tenders and selection processes to ensure we partner with suppliers who share our vision of minimising negative social and ethical impacts. There are three strands to the Council’s approach to ethical procurement: positively seeking specific ethical outcomes; proscribing certain unethical behaviours; having regard to wider ethical considerations on a sectoral basis. The positive commitment The Council is committed to supporting and promoting the use of fairly and ethically traded goods and services whenever feasible. There are four areas currently where the procurement process actively seeks to achieve positive ethical outcomes. Provision of food/animal welfare – all regulated procurement involving the provision of food will consider the potential impact of the food source in the strategy. For any national or sectoral contracts, the Council will request similar considerations at the specification development stage. Item 6. Page 41
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32 Reserved contracts – we will consider the use of reserved contracts for supported businesses where the opportunity allows for such an approach. Where a business has as its main aim to socially and professionally integrate disabled or disadvantaged people we will consider reserving the contract opportunity to this sector. Health & Safety – the Council will promote health and safety within the workforce in particular adherence to the Health & Safety at Work Act 1974 Workforce – the Council internally promotes a positive workforce culture and seeks the same from its contractors, including but not limited to: • A positive recruitment and retention policy • A positive package of remuneration measures, including the supplier’s approach to payment of the Living Wage • Training and support • Ensuring zero hours contracts are not used inappropriately • Flexible working • Career breaks The Scottish government’s Fair Work First guidance - https://www.gov.scot/publications/fair-work-first-guidance-2/ provides examples of how workplace practices can be strengthened to enhance worker’s experience at work and this is carried through into the Moray procurement process with the use of weighted questions where appropriate. Moray Council achieved Living Wage accreditation in September 2022 which highlighted the impact council contracts have over the payment of the living wage by relevant suppliers. This work continues by the inclusion of Living Wage criteria in every tender and the requirement for this is strengthened by Scottish Government and other national public bodies mandating payment of the Living Wage as a prior condition for grant funding. The negative commitment: Officers involved in procurement must not: ➢ knowingly work with suppliers that have committed offences under the Modern Slavery Act 2015, that trade in slavery, Item 6. Page 42
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33 prostitution, illegal drugs, or who breach international labour organisation conventions; ➢ offer, give or agree to give any person an inducement or reward as part of an agreement which may constitute an offence under the Bribery Act 2010. They must also: ➢ Take all reasonable steps in accordance with good industry practice, to prevent fraud in connection with procurement; and ➢ Comply with the law, professional best practice, and contractual obligations. The wider approach As well as the issues set out above, there are issues which are less well embedded in the procurement process but which require to be taken account of when appropriate and practical. It is not anticipated that these will be universal issues for all procurements. At the beginning of a procurement officers should consider if these or other known issues are likely to be relevant in the particular procurement: ➢ Wider human rights issues ➢ Reputational issues eg history of committing pollution offences ➢ Formal links with organisations about which there are ethical concerns ➢ Reputational strengths eg commitment to sustainable development As part of the strategic approach set out in this strategy a formal assessment process will be developed for this potentially more nebulous set of criteria and embedded in the procurement process. Procurement Measurement Procurement development targets are set each year in the Procurement Action Plan. These targets are based around legislative changes and guidance from a number of sources: • Scottish Government Policy Notes • Sectoral Best Practice Guidance • The Procurement Training Programme (internal) • Lessons Learned process carried out for each tender • Supplier Development Forum input Item 6. Page 43
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34 • Compliance activity Progress against these targets is reported the following year in the Procurement Annual Report. In addition to the development actions identified above the Procurement team also prepare a plan of procurement activity based on the information collected through an annual referral process with Heads of Service. This process considers: • expiring contracts for the department at all levels • category A, B, C, and O new requirements • changing responsibilities • resources • off contract spend Glossary Aggregation – Adding together the value of separate contracts for the same supply, works or service Annual Report – Legislative requirement to publish performance against strategy objectives Award Stage – this is the stage when the tender evaluation panel determine who the preferred bidder/s are that will be awarded the contract post standstill period Item 6. Page 44
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35 Glossary Best Practice – The most effective and desirable method of carrying out a function or process derived from experience rather than theory Best Value – Considers price, quality and sustainability to determine the best outcome Community Benefit Clause (CBC) – Clauses incorporated into a specification that look for certain benefits from the resultant contract relating to the local community. Community Wealth Building – an approach which uses the Council’s procurement of goods and services along with those of other anchor organisations to add value to the local economy Contract – A contract is an obligation, such as an accepted offer, between competent parties upon a legal consideration, to do or abstain from doing some act. The essential elements of a contract are: an offer and an acceptance of that offer; the capacity of the parties to contract; consideration to support the contract; a mutual identity of consent; legality of purpose, and sufficient certainty of terms Contract Administration – The administration surrounding the award of a new contract: • Supplier relationship (Account Manager) • Contract adoption arrangements (launch) • Communication arrangements • Management Information • Catalogue • Order process • Delivery arrangements • Billing and Payment process • Complaint Contract Management – The management surrounding the contract delivery, carried out by the person responsible for the contract (Lead Officer) Item 6. Page 45
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36 Contract Value – The total monetary value of a contract over its full duration (not annual value) including any possible extension periods Contract Register – A record of contracts awarded by the organization – published on the Council’s website Contractor – An organisation or individual who has entered into contract to undertake works, supply goods or provide services Departmental Procurement Action Plan – An annual process during which Service Heads and the procurement team determined the procurement priorities and resources for the coming financial year Government Procurement Agreement (GPA) -This is an agreement of World Trade Organisation (WTO) members to mutually open up their markets for selling goods and services to governments, often including regional and local governments Impact Statement – the record of the impact of any awarded or adopted contracts on Moray Council, both financial and non financial P2P - Procure to Pay or Purchase to Pay covering all the processes within a Procurement lifecycle, namely Requisitioning, Purchasing and Payment Procurement Officers/Team – officers who support the Departmental Lead officers during individual procurement projects Quality – The level of fitness for purpose which is specified for or achieved by any service, work or product Public Contracts Scotland Advert – www.publiccontractsscotland.gov.uk National advertising portal for public sector contracts add web address Public Contracts Scotland Tender – www.publictendersscotland.publiccontractsscotland.gov.uk National electronic tendering portal for the management of the tendering process for both the suppler and public sector buyers Specification – a detailed description of the supplies or services to be purchased Item 6. Page 46
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37 Sub-contracting – The process where a contractor assigns part of the contract to another contractor(s) Sustainability – The economic, environmental and social issues to be considered in a procurement exercise including Climate Change and Fair Work. Tender – a written offer to contract to provide goods or services or works precisely as specified in the tender documents at a stated price or rate. Successful tenders result in the award of a contract to deliver the goods, services or works specified. Item 6. Page 47
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Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: EGD001/25/RG/ Author: Rhona Gunn Contact Email: Rhona.Gunn@moray.gov.uk Subject: Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA) Annual Report and Revised Authorisation Policy and Procedure 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to enable Council to note the use made of covert surveillance and the acquisition of communications data by Council employees in the course of their duties over the reporting period and to seek approval of the Revised RIPSA Authorisation Policy and Procedure. 1.2 This report is submitted to Corporate Committee in terms of Section I (39) and (41) of the Council’s Scheme of Administration relating to public reporting and review of council wide policy. 2. SUMMARY 2.1 This report provides data for the reporting period to 31 December 2024 regarding covert surveillance investigations and communications data acquisition. This reflects a continuation of the relatively low levels of activity in previous years due to limited staffing capacity. However, the investigations which were conducted were productive, resulting in product seizure and the issue of Fixed Penalty Notices. 2.2 The revised RIPSA Authorisation Policy and Procedure is updated in line with wider legislative and guidance changes, updates details of relevant officers with Item 7. Page 49
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responsibility in this area and some minor substantive changes, all changes being shown highlighted in yellow. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Note the use of covert surveillance by Council employees in the course of their duties from 1 January to 31 December 2024; ii) Note the acquisition of communications data by Council employees in the course of their duties from 1 January to 31 December 2024; and iii) Approve the revised RIPSA Authorisation Policy and Procedure in Appendix 1. Author Name: Rhona Gunn Job Title: Depute Chief Executive (Economy, Environment and Finance) 4. BACKGROUND AND CONTEXT 4.1 A combined annual report on covert surveillance and acquisition of communications data is provided to Council for oversight in this area. Data on levels of activity is reported annually for the calendar year to the Investigatory Powers Commissioner’s Office (IPCO). 4.2 RIPSA was introduced to regulate the surveillance of a person(s) and to regulate information obtained from third parties when the subject of the activity is unaware of either the surveillance or information gathering. RIPSA controls directed surveillance and the use of covert human intelligence sources (CHIS). 4.3 Directed surveillance can be authorised for a specific investigation or operation, under covert conditions i.e. the subject is not aware, and activity is likely to result in obtaining private information about a person. This cannot be intrusive surveillance. 4.4 A CHIS is a person who establishes or maintains a personal or other relationship for the covert purposes of obtaining or providing access to any information to another person or covertly discloses information obtained by the use of or the existence of such a relationship. 4.5 Intrusive surveillance is covert and targeted at activities in residential premises or a private vehicle and cannot be undertaken by local authorities. Item 7. Page 50
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4.6 Communications Data requests are regulated by the Regulation of Investigatory Powers Act 2000 (RIPA) and can be made to identify communications between telephone numbers but this data will not include the content of any call or message. 4.7 The current RIPSA Authorisation Policy and Procedure was last approved on the 8 May 2018 and requires to be updated. 5. PROPOSALS Covert Surveillance Activity 5.1 3 Directed surveillance authorisations were granted in the period to 31 December 2024 for investigation of underage tobacco product sales, illicit tobacco sales and trading without an appropriate licence. These investigations resulted in seizure of illicit tobacco, 2 reports to the Procurator Fiscal, and 3 Fixed Penalty Notices. 5.2 2 CHIS authorisations were granted in 2024 in relation to the same three investigations covered by the directed surveillance authorisations above. Communications Data Activity 5.3 No acquisition of Communication Data applications were made in 2024. Investigatory Powers Inspection 5.4 The IPCO conducted an inspection in March 2024. These are generally conducted every 3 years. The inspection report identified that authorisations were of a high standard and no actions, recommendations or observations were made. RIPSA Authorisation Policy and Procedure 5.5 The RIPSA Authorisation Policy and Procedure has been revised to reflect legislative and guidance changes and update the authorisation procedure, with some minor substantive changes to reflect best practice. Changes are shown highlighted in yellow. The policy/procedure is produced as Appendix 1. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Item 7. Page 51
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Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal The policy enables the council to ensure appropriate checks and balances in terms of RIPSA and RIPA are in place within Moray thereby ensuring that the covert surveillance activities and acquisition of communications data is conducted in an efficient and proportionate manner and in accordance with the legislation. 6.4 Financial There are no financial implications arising from this report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments Item 7. Page 52
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6.5 Risk Review of the RIPSA Authorisation Policy and Procedure enables the Council to manage risk in this area effectively. 6.6 Staffing Staffing resources engaged in RIPSA activity do so alongside a wide range of other activity. Staffing capacity has influenced the scale of investigatory activity which can be supported as reflected in this report, but this has been used to good effect. 6.7 Best Value and Transformation None. 6.8 Property None. 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact While covert surveillance has an impact on human rights, specifically the right to privacy, the terms of this report have no direct impact as they simply provide data on use of covert surveillance and acquisition of communications data, and while the related policy has been updated. the updates cover changes of officer/title rather and current legislation and guidance, rather than introducing any substantive changes which would impact on human rights. In cases where a young person is involved in surveillance activity, provision is made in the Regulation of Investigatory Powers (Juveniles) (Scotland) Order 2002 for certain protections as regards the safety and welfare of the young person and to assess and mitigate any risks arising from the operation for the young person. 6.11 Climate Change and Biodiversity Impacts None. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Environmental Health and Trading Standards Manager, the Legal Services Manager, Democratic Services Manager and the Equal Opportunities Officer and any comments made have been addressed in the report. The Authorisation Policy and Procedure was reviewed at the RIPSA Forum, an officer-based group which supports good practice. 8. BACKGROUND PAPERS 8.1 Moray Council 26 June 2024 Regulation of Investigatory Powers (Scotland) Act 2000 and Regulation of Investigatory Powers Act 2000 – Authorised Officers and Appendix 1 Item 7. Page 53
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APPENDIX 1 THE MORAY COUNCIL: POLICY AND AUTHORISATION PROCEDURE ON COVERT SURVEILLANCE AND COVERT HUMAN INTELLIGENCE SOURCES 1.0 INTRODUCTION 1.1 In some circumstances, it may be necessary for council employees, in the course of their duties, to make observations of a person or person(s) in a covert manner, i.e. without that person’s knowledge, or to instruct third parties to do so on the Council’s behalf. By their nature, actions of this sort are potentially intrusive (in the ordinary sense of the word) and may give rise to legal challenge as a potential breach of Article 8 of the European Convention on Human Rights and the Human Rights Act 1998 (“the right to respect for private and family life). 1.2 The Regulation of Investigatory Powers Act (2000) (“RIPA”) and the Regulation of Investigatory Powers (Scotland) Act (2000 (“RIPSA”)) together provide a legal framework both for authorising covert surveillance and covert human intelligence sources (“undercover” officers or informants) by public authorities and for an independent inspection regime to monitor these activities within the United Kingdom. The Regulation of Investigatory Powers Act 2000 also provides for the acquisition of communications data by local authorities in Scotland. Its provisions regarding covert surveillance apply only to England 2.0 OBJECTIVE 2.1 The objective of this policy is to ensure that all covert surveillance and covert human intelligence sources (CHIS) used by council employees is carried out effectively, while remaining in accordance with the law. It should be read in conjunction with the Scottish Executive’s Government’s Codes of Practice on Covert Surveillance and Covert Human Intelligence Sources (‘the Codes of Practice’). Codes of Practice on Covert Surveillance and Property Interference and Covert Human Intelligence Sources (‘the Codes of Practice’) . These are commended for Item 7. Page 54
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reading as they contain more detail than this policy and also examples illustrating how the Codes should be applied. 2.2 If the procedures outlined in this policy are not followed, any evidence obtained as a result of the surveillance may be open to challenge. This may result in the Procurator Fiscal deciding not to prosecute the case, or in the case later failing because the evidence is deemed to be inadmissible by the court. The Council may also be vulnerable to legal action by individuals who claim that their right to privacy has been infringed. 3.0 PUBLICITY 3.1 Copies of this Policy and the Codes of Practice shall be available for inspection by any person at the Council Headquarters, Council Offices, High Street, Elgin and at Access Points and Libraries throughout Moray and also on the Council’s webpages. 4.0 COMPLAINTS TO THE INVESTIGATORY POWERS TRIBUNAL 4.1 Any person who is aggrieved by any conduct which falls within the scope of this procedure, and which has taken place in relation to that person or to any property of that person and has taken place in challengeable circumstances, is entitled to complain to the Tribunal at the following address: Investigatory Powers Tribunal PO Box 33220 LONDON SW1H 9ZQ 5.0 SCOPE OF THE PROCEDURE 5.1 This procedure applies in all cases where directed surveillance or the use of a covert human intelligence source is being planned or carried out:- (a) Directed surveillance is defined as surveillance undertaken “for the purposes of a specific investigation or operation” and ”in such a manner as is likely to result in the obtaining of private information about a person” [Scottish Government Code of Practice on Covert Surveillance and Property Interference, para 1.7 3.2] Private information includes any information relating to the person’s private or family life and may include personal data such as names, phone numbers and address details. The procedure does not apply to observations that are not carried out covertly, or to unplanned observations made as an immediate response Item 7. Page 55
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to events. As a result, it does not apply to the use of overt CCTV systems unless these systems are used as part of a pre-planned operation or investigation, in which event authorisation may be necessary. Equally, this procedure does not apply to ad-hoc covert observations that do not involve the systematic surveillance of specific person(s). In cases of doubt, the authorisation procedures described below should however be followed. Repeated viewing of ‘open source’ online websites may constitute covert surveillance and as such an authorisation may be required. Online covert activity, covert observations and undisclosed engagements on social media must be conducted with full regard to paragraphs 3.11-3.16 of the Code of Practice on Covert Surveillance and Property Interference. In cases of doubt, the authorisation procedures described below should however be followed. (b) A covert human intelligence source (CHIS) is defined as a person who establishes or maintains a personal or other relationship with another person for the covert purpose of facilitating anything that:- (i) covertly uses such a relationship to obtain information or to provide access to any information to another person; or (ii) covertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship. 6.0 PRINCIPLES OF SURVEILLANCE 6.1 In planning and carrying out covert surveillance or using or conducting a CHIS, Moray Council employees shall comply with the following principles: 6.2 Lawful purposes - covert surveillance or CHIS operations shall only be carried out where this is necessary to achieve one or more of the permitted purposes i.e. it must be: (i) for the purpose of preventing or detecting crime or the prevention or disorder; (ii) in the interests of public safety; (iii) for the purpose of protecting public health. Item 7. Page 56
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6.3 Employees carrying out surveillance shall not cause damage to any property or harass any person. Authorisation of use or conduct of a CHIS does not amount to a licence to commit a crime. Any source who acts beyond acceptable limits will not be protected from prosecution by the authorisation. 6.4 (i) Necessity - covert surveillance/CHIS operations shall only be undertaken where there is no reasonable and effective alternative way of achieving the desired objective(s). (ii) Effectiveness - planned covert surveillance/CHIS operations shall be undertaken only by suitably trained or experienced employees, or under their direct supervision. (iii) Proportionality - the use and extent of covert surveillance/a CHIS shall not be excessive i.e. the methods of surveillance used must not be more intrusive than is warranted by the seriousness of the criminal or undesirable activity under investigation. The least invasive method of investigation that will enable the aim of the surveillance to be achieved should be adopted. All other practicable, less invasive steps should have been taken and surveillance authorised only as a last resort. (iv) Intrusive surveillance- no activity shall be undertaken that comes within the definition of ‘Intrusive Surveillance’, i.e. if it involves surveillance of anything taking place on residential premises or in a private vehicle, whether from within or outside. Intrusive surveillance may only be authorised by the Chief Constable and so Local Authority officers should only very rarely be involved in this type of surveillance. “Residential premises” include any premises occupied or used, however temporarily, for residential purposes, but in current interpretation are not thought to include common areas such as common stairs and closes. Devices carried into or worn within a home or private vehicle by a CHIS do not also require authorisation as intrusive surveillance if the CHIS has been invited in. However, if the device is to be left behind when the CHIS leaves, this would require authorisation by the Chief Constable as intrusive surveillance. The key issue is the presence of the CHIS whilst the surveillance is undertaken. Careful consideration needs to be given when authorising deployment of a CHIS onto private premises, in relation to the likelihood of confidential information being obtained. This will largely be Item 7. Page 57
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dictated by the individual circumstances and conduct of the CHIS and in many cases, will not apply. Higher levels of authorisation are required in circumstances where such confidential information, including medical or legally privileged information is likely to be obtained. (v) Collateral intrusion - reasonable steps shall be taken to minimise the acquisition of information that is not directly necessary for the purposes of the investigation or operation being carried out. The applicant for an authorisation must detail in the application whether it is likely that there will be collateral intrusion and if so, confirm how this will be addressed in some detail. Information obtained due to collateral intrusion which was not anticipated at the time of the application must be disclosed to the Authorising Officer. The Authorising Officer will review the material at issue and order the destruction of anything irrelevant to the operation. (vi) Authorisation - all directed surveillance and covert human intelligence sources shall be authorised in accordance with the procedures described below. Although it is possible to combine authorisation of two or more distinct types of surveillance under RIPSA, for example directed surveillance and the conduct of a source CHIS, in Moray this should be effected by submitting distinct applications and in turn, distinct authorisations will be granted if appropriate. 7.0 PARTICULAR ISSUES 7.1 Confidential Information 7.1.1 RIPSA does not provide any special protection for confidential information. It does however provide for a higher level of authorisation. In operations where confidential information is likely to be involved, authorisation should be sought from the Chief Executive rather than the usual Authorising Officer. 7.1.2 “Confidential information” includes information subject to legal privilege, confidential personal information and confidential journalistic material. 7.1.3 Legal privilege attaches to most communications between a professional legal advisor and his client. Confidential personal information is information held in confidence relating to physical or mental health or spiritual or other counselling received by a person. Information is held in confidence if it is held under an express or implied undertaking to hold it in confidence, or if it is subject to a restriction on disclosure or obligation of secrecy contained in legislation. Confidential journalistic material includes material created for journalism but Item 7. Page 58
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supplied subject to an undertaking to hold it in confidence. Advice should be sought from Legal Services if any of these types of confidential information are likely to be involved in an operation. 7.2 Directed Surveillance 7.2.1 By definition, directed surveillance intrudes on people’s privacy as it will involve obtaining private information about someone. 7.2.2 “Private information” includes information about a person’s private or family life. The concept of private life is broadly interpreted. It includes not only personal information but also information about an individual’s relationships with others and can include how they run their business and professional affairs. Family life is treated as extending beyond the formal relationship created by marriage. The key issue is likely to be whether there is a reasonable expectation of privacy in the circumstances. If there is, the safest option is to seek authorisation. 7.2.3 Directed surveillance does not include entry on or interference with property or with wireless telegraphy. A separate regime for authorisation by the Chief Constable is set out in the Code of Practice. 7.3 CHIS 7.3.1 A CHIS may include individuals referred to as agents, informants and officers working undercover. The definition of CHIS requires that a relationship is established or maintained. This takes many test purchasing operations outwith this procedure as the carrying out of an everyday transaction does not of itself establish a relationship. If however the intention is for example for the CHIS to ascertain from the seller details of the supplier of counterfeit goods, when the seller took delivery of them etc that would entail the covert use of a relationship to obtain or provide access to information and would therefore require authorisation. 7.3.2 A number of different terms are used to describe those involved in CHIS operations: 7.3.3 Handler – means the person referred to in section 7(6) (a) of RIPSA holding an office or position within the local authority and who will have day to day responsibility for: • Dealing with the source on behalf of the local authority • Directing the day to day activities of the source Item 7. Page 59
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• Recording the information supplied by the source and • Monitoring the source’s security and welfare 7.3.4 Controller – means the person (usually the line manager of the handler) within the local authority referred to in section 7(6) (b) of RIPSA responsible for general oversight of the source. The handler and controller may not be the same person. 7.3.5 The conduct of a source means the actions of that source falling within RIPSA or action incidental to it i.e. what the source does. 7.3.6 The use of a source is any action taken to induce, ask or assist a person to engage in the conduct of a source or to obtain information by means of any action of the source. 7.3.7 Tasking is the assignment given to the source. Either the handler or the controller may task a source. Tasking should be done only after authorisation for the use or conduct of the CHIS has been obtained. The only exception to this is where the source will not be establishing or maintaining a relationship for covert purposes, in which case authorisation may not be necessary. 7.3.8 From the above, it may be seen that both the conduct and the use of a CHIS require prior authorisation. This is effected through one application, but care must be taken to ensure that the authorisation complies with both procedures. 7.3.9 Although the safety and welfare of a source must always be taken into account in the risk assessment process, there are special procedures for the use or conduct of vulnerable individuals or juveniles (under 18 years of age) as a source. Reference should be made to the Code of Practice in this regard. 7.3.10 Insurance – all applicants for authorisation must ensure that they have all the necessary insurances for an operation e.g. vehicle insurance for use of the vehicle in surveillance. 8.0 SEEKING AUTHORISATION 8.1 When is authorisation required? 8.1.1 Authorisation is required for directed surveillance or the use or conduct of a CHIS, as defined in paragraph 5.1 above. If in doubt, it is better to obtain an authorisation that proves unnecessary than to jeopardise the admissibility of evidence obtained or risk civil liability on the part of the Council. 8.1.2 Authorisation is required when the activity is carried out by council officers themselves or by third parties carrying out surveillance on behalf of or under the instructions of the Council. Item 7. Page 60
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8.1.3 Advice as to whether an authorisation is required may be obtained via the Principal Solicitor, Litigation and Licensing Legal Services Manager. 8.2 Who may seek authorisation? 8.2.1 Any officer whose duties involve activity falling within the above descriptions may seek authorisation to do so and must seek authorisation prior to carrying out the surveillance described at 5.1 above. Before submitting an application for the authorisation or renewal of authorisation for the use or conduct of a CHIS the officer seeking authorisation must first secure the approval of his or her line manager as the line manager will be required to act as controller relative to that source. 8.3 When is Covert Surveillance Appropriate? 8.3.1 By its nature, covert surveillance intrudes on people’s privacy. It should therefore be regarded as a final option, only to be considered when all other methods have been tried and failed, or when the nature of the suspected activity suggests that there is no other reasonable method which can be used to acquire the information. 9.0 THE AUTHORISATION PROCESS 9.1 Applications relative to covert surveillance and the use or conduct of a CHIS shall be authorised by the relevant authorising officer listed in Appendix 1 to this policy. 9.2 Forms for the application, review, renewal and cancellation of both directed surveillance and the use or conduct of a CHIS are detailed in section 12 below. In urgent cases, an oral application may be approved by the Authorising Officer, although he or she should make a written record of any urgent authorisations granted as soon as practicable thereafter. Urgent authorisations are only valid for a period of 72 hours. If the operation requires to continue beyond the period authorised, in this case 72 hours, a renewal of the application must be authorised before that period has elapsed. Alternatively, the authorisation should be cancelled before the expiry of that period. A case is to be regarded as urgent so as to permit an authorisation to be given orally if the time taken to Item 7. Page 61
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apply in writing would in the in the judgement of the authorising officer be likely to endanger life or to jeopardise the operation for which the authorisation is being given. 9.3 There are two situations where only the Chief Executive or (in their absence) their deputy may grant authorisations. The two exceptions are when knowledge of confidential information is likely to be acquired or when a vulnerable individual or a juvenile is to be used as a source. 9.4 All authorised officers listed in Appendix 1 must be of sufficient seniority as to fall within the scope of the Scottish Executive’s guidance on authorising grades which is contained in the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2010; SSI 2010/350 2000 and any amendments. In relation to Local Authorities, the Regulations refer to Assistant Head of Service and Investigation Manager, titles which Councils tend not to use. The Authorisation levels set by the Council are equivalent to or above those, and also reflect good practice in providing that there should be at least one organisational tier of separation between the Applicant and the Authorising Officer. 9.5 Authorisation for Directed Surveillance runs for a period of three months from the date of grant of the authorisation but should be issued only for the period in which it is expected the surveillance operation will take place. 9.6 Authorisation for the conduct or use of a Covert Human Intelligence Source runs for 12 months beginning with the date the authorisation takes effect. Authorisation of the use of a Covert Human Intelligence Source who is a vulnerable individual or a juvenile runs for one month 10.0 DUTIES OF OFFICERS 10.1 Duty of handler for CHIS (“the source”) 10.1.1 In Moray the handler will also be responsible for maintaining the details required in terms of The Regulation of Investigatory Powers (Source Records) (Scotland) Regulations 2002; SSI No. 205 and any amendment thereof. Records to be maintained would include: • The identity of the source • The alternative identity if anywhere known, used by the source • Any relevant investigating authority other than the authority maintaining the records • The means by which the source is referred to within each relevant investigating authority Item 7. Page 62
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• Any other significant information connected with the security and welfare of
the source
• Any confirmation made by a person granting or renewing an authorisation for
the conduct or use of a source that the information in the preceding bullet
point has been considered and that any identified risks to the security and
welfare of the source have where appropriate been properly explained to
and understood by the source
• The date when and the circumstances in which the source was recruited
• The identities of the persons who, in relation to the source, are discharging
or have discharged the functions mentioned in section 7(6) (a) to (c) of RIPSA
{i.e. the handler, the controller and the person responsible for maintaining a
record of the use made of the source} or in any order made by the Scottish
Ministers under section 7(2)(c)
• The periods during which those persons have discharged those
responsibilities
• The tasks given to the source and the demands made of him or her in
relation to their activities as a source
• All contacts or communications between the source and a person acting on
behalf of any relevant investigating authority
• The information obtained by each relevant investigating authority by the
conduct or use of the source
• Any dissemination by that authority of information obtained in that way and
• Any payment, benefit or reward and every offer of a payment, benefit or
reward that is made by or on behalf of any relevant investigating authority in
respect of the source’s activities for the benefit of that or any other relevant
investigating authority
• Any risk assessment made in relation to the source
• The circumstances in which tasks were given to the source
• The value of the source to the investigating authority
10.2 Duty of Authorising Officer
10.2.1 The Authorising Officer shall be responsible for:
• Deciding whether to authorise covert surveillance and ensuring that the
authorisation is necessary for the period of the authorisation
• Diarising dates for reviews and renewals and ensuring that these are
completed on schedule
• Refusing or cancelling authorisations where appropriate
• Reporting depersonalised annual RIPSA statistics to the Legal Services
Manager for collation and submission to the Senior Responsible Officer,
who will then arrange for all Council RIPSA Statistics to be reported to Full
Council.
• Maintaining a full record of all documents and authorisations granted by
them in a secure filing system.
Item 7.
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10.2.2 In Moray the Authorising Officer will also be responsible for emailing to the Head of Legal and Democratic Services Legal Services Manager copies of relevant RIPSA documents to enable the Head of Legal and Democratic Services Legal Services Manager to maintain an electronic Central Register of Authorisations. These documents shall include: • A copy of the application and authorisation together with any supporting documentation (including risk assessments) and notification of the approval given by the Authorising Officer; • A copy of any application for renewal of an authorisation, together with the supporting documentation submitted when the renewal was requested • A record of the reviews scheduled by the Authorising Officer together with the results of any reviews of the authorisation including any cancellations and the reasons for these. • The reasons, if any, for not renewing an authorisation, • The reasons for any refusals of authorisation • The date and time when any instruction was given by the Authorising Officer to cease using a source • A Matrix showing abbreviated details of all authorisations including the name, rank/grade of the Authorising Officer, the unique reference number (URN) of the investigation or operation, the title of the investigation or operation A Matrix showing abbreviated details of all authorisations is also held, including the name, rank/grade of the Authorising Officer, the unique reference number (URN) of the investigation or operation, the title of the investigation or operation, the name and service of the applicant, the type of authorisation, the statutory purpose, any supporting documents, first, second, third and fourth review dates, date of renewal and any subsequent review dates and whether any confidential information has been gathered. 11.0 ROLE OF SENIOR RESPONSIBLE OFFICER 11.1 The new Codes of Practice which came into on 5th February 2015, provided for the role of Senior Responsible Officer (SRO). The duties associated with this role include:- • The integrity of the process in place within the public authority for the management of CHIS and DS authorisations; • Compliance with RIP(S)A and the Codes of Practice; • Oversight of the reporting of errors to the relevant oversight Commissioner and the identification of both the cause(s) of errors and the implementation of processes to minimise repetition of errors; • Engagement with the OSC inspectors Investigatory Powers Commissioner’s Office inspectors when they conduct their inspections, where applicable; and Item 7. Page 64
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• Where necessary, oversight of the implementation of post-inspection action plans approved by the relevant oversight Commissioner. • Report to the CMT on a six monthly basis Council at the end of each financial year • Jointly report to P&R at the end of each financial year 12.0 ROLE OF MORAY RIPSA FORUM AND DUTIES OF THE CHAIR 12.1 Moray RIPSA Forum is a high level working group comprising officers from each service working with RIPSA. The Forum will be chaired by the Senior Responsible Officer. 12.2 The Forum will meet bi-annually to perform the following functions: • To ensure that there is a high standard of training across the Council for relevant officers including cross-service training • To keep this policy and procedure under review, including advising the SRO of any amendments necessary to the approved forms detailed in section 12 or this procedure • To be consulted on reports of the Surveillance Commissioner, Internal Audit or any other reports concerning RIPSA 13.0 DOCUMENTS 13.1 This procedure requires the use of forms, copies of which are available on the RIPSA pages on Moray Council sharepoint. No other style of form may be accepted by the Authorising Officer, forms are approved and agreed by the Senior Responsible Officer. 14.0 REVIEW, RENEWAL AND CANCELLATION OF AUTHORISATION 14.1 Oral authorisations expire after 72 hours, directed surveillance authorisations after 3 months and CHIS authorisations after 12 months (except in the case of juvenile sources when the authorisation endures for only one month) all beginning at the date and time on which the authorisation took effect. Reliance should never be placed on the authorisation simply expiring however. To this end, the Authorising Officer shall review all authorisations at intervals of not more than one month, the review period being determined at the point of authorisation or renewal. The purpose of the review is to monitor the effectiveness of the surveillance and its continued necessity and proportionality. 14.2 If it is thought necessary for the authorisation to continue beyond the initial period authorised, a renewal application should be submitted shortly before the original authorisation ceases to have effect. Authorisations may be renewed on Item 7. Page 65
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more than one occasion and will have effect for the same period as the original authorisation. 14.3 At review or renewal the whole circumstances of the case must be fully considered in terms of RIPSA, this procedure and the relevant Code of Practice. The Risk Assessment form must also be reviewed. 14.4 The Authorising Officer shall cancel any authorisation as soon as they are satisfied that it no longer meets the criterion for authorisation. The Authorising Officer will then check the arrangements in place to terminate the surveillance and the Handler will then advise the source, if any, involved in the operation. 15.0 RISK ASSESSMENT 15.1 Although risk assessment is only a requirement in CHIS operations, it is good practice to conduct a risk assessment before embarking on any covert surveillance. This assessment should detail any possible risks to staff or other persons involved in or affected by an operation and should be completed on the Moray Council form approved for this purpose. 15.2 Before authorising any form of covert surveillance, the Authorising Officer should consider whether the proposed action would place any employee or other person at risk. If so, the Authorising Officer shall have regard to other council procedures already in place, and should also consider the risk assessment of the proposed course of action submitted with the application before authorisation is granted. The ongoing security and welfare of any source, after cancellation or expiry of the authorisation should also be considered. 16.0 MONITORING AND REVIEW 16.1 It shall be the duty of the Head of Legal and Democratic Services to monitor and review the authorisations granted by the Authorising Officer in terms of paragraph 10.2.2 to ensure that time periods have been observed, renewals and cancellations pursued where appropriate and that sufficient details are contained in applications and authorisations. The Head of Legal and Democratic Services shall twice yearly submit a report to the Senior Responsible Officer detailing his/her findings. The Head of Legal and Democratic services shall also prepare an annual report, jointly with the SRO, to P&R at the end of each financial year. This policy shall be monitored on an ongoing basis through meetings of the RIPSA Forum, and reviewed by the SRO no less than every two years. Item 7. Page 66
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17.0 SECURITY AND RETENTION OF DOCUMENTS 17.1 Documents created under this procedure are highly confidential and must be treated as such. Services shall make proper arrangements for their retention, security and destruction, in accordance with the requirements of the Data Protection Act 1998 and the Codes of Practice. It should be noted that refusals as well as approved applications must be retained. The Code of Practice recommends retention of RIPSA records for a period of at least 3 years from the ending of the authorisation. 17.2 Documents will be inspected reviewed periodically by an the Office of the Surveillance Commissioner inspector from the Investigatory Powers Commissioner’s Office which has statutory powers of inspection. No records should be destroyed until after they have been inspected by the Surveillance Commissioner. 17.3 Each Department shall maintain a register of current and past authorisations, renewals, refusals and cancellations. Copies of all such completed forms will be passed to the Chief Legal Officer Legal Services Manager (on behalf of the Monitoring Officer) electronically who shall maintain a central register of all forms submitted by officers for authorisation under RIPSA all in accordance with paragraph 10.22 & 15.1 18.0 TRAINING 18.1 Each Service – through their Head of Service or equivalent - is responsible for ensuring that their staff receive adequate training to deal with applications and enquiries. Regular in house training and external professional training to be conducted every alternate year.. Every officer acting as an Authorising Officer, Handler, Controller or SRO will have received full training before undertaking these roles. Appendix 1 List of Authorising Officer Posts Environmental Services Department • Corporate Director • Head of Development Services • Trading Standards Manager • Environmental Health Manager Item 7. Page 67
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Chief Executive • Must authorise where operation likely to obtain confidential information. • Must authorise when a vulnerable individual or juvenile (under 18 years of age) is to be used as a source. Regulation of Investigatory Powers (Scotland) Act 2000 Sections 6 and 7 – Authorising Officers:* • Chief Executive (where required by statute*) • Head of Economic Growth and Development • Environmental Health and Trading Standards Manager • Principal Environmental Health Officers (2 Officers) • Chief Executive Authorisation: • Must authorise where operation likely to obtain confidential information. • Must authorise when a vulnerable individual or juvenile (under 18 years of age) is to be used as a source. Senior Responsible Officer:* Depute Chief Executive (Economy, Environment and Finance) * Chief Executive has delegated authority to revise appointees subject to notification to members and publication of details. Item 7. Page 68
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Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: HR002/25/FG Author: Frances Garrow Contact Email: hr@moray.gov.uk Subject: Workforce Working Group Concluding Report 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of the progress made by the Workforce Working Group and its recommendations to Committee. 1.2 This report is submitted to Committee in terms of Section III (B) (24) of the Council’s Scheme of Administration relating to formulating and reviewing as necessary the policies and practices of the Council. 2. SUMMARY 2.1 This report provides an update on the work undertaken by the short life Workforce Working Group, an assurance that the original remit of the group has been met and proposes the group is therefore brought to a close. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Notes the progress made by the Workforce Working Group; and ii) Agrees that the remit from Corporate Committee has been discharged and that the Group be brought to a close. Item 8. Page 69
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Frances Garrow Head of HR, ICT and Organisational Development 4. BACKGROUND AND CONTEXT 4.1 Following consideration of the 2024 Employee Survey, the Corporate Committee on 30 January 2024 agreed to set up a short life working group to look at the issues in more depth (paragraph 12 of the minute refers), to consider workforce information which supports the Elected Members and Officers to address the issues and take assurance or otherwise of progress being made in the development of the culture the Council wishes to promote. 4.2 The terms of reference were agreed at the Corporate Committee on 23 April 2024 (paragraph 13 of the minute refers) to consider and review the data and plans the Council has to ensure effective workforce planning of organisational capacity to deliver services through the effective use of the Council workforce, including a positive workforce culture. 4.3 The Working Group met on 4 occasions and considered a range of statistical information and workforce data. The Group considered the information in the context of the employee survey results and wider workforce planning activity. 4.4 A further report to the Corporate Committee on 11 June 2024 (para 11 of the minute refers) provided an update on the planned areas of work for the group and the progress made. 4.5 Following consideration of the workforce data that is available and how it is used to inform workforce planning corporately and within services the group identified the following themes for inclusion in the Workforce Plan and future consideration by Committee: 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). 4.6 The above were incorporated into a draft Workforce Plan which following further review by the Group on 27 June 2024 was approved by the Corporate Committee as part of the annual review of the Workforce Plan and Strategy on 27 August 2024 (paragraph 6 of the minute refers). Since then work has progressed across a range of areas including updated service plans which align with the above themes, Item 8. Page 70
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development of a draft succession planning approach, review of employment policies for 2024/25, workforce planning discussions leading to the interim workforce planning report, launch of the 2025 employee survey and agreement on a phased approach to leadership development. 4.7 At the most recent meeting of the Group on 22 January 2025 the Group welcomed the cross service/Committee approach derived from the work of the Group and agreed that the original remit set by Corporate Committee had been achieved and that the Group should be concluded. 4.8 The Group discussed whether there was a requirement for a longer-term opportunity for members to review workforce data and contribute to workforce planning ahead of the annual review by Committee and an interim workforce report, as referred to above, will be scheduled each year to facilitate this. From a wider perspective, the value of short life working groups is recognised in terms of enabling exploration of current themes and priorities of the moment, proving a useful mechanism for enabling cross party working for specific areas of work. 4.9 It was, however, also agreed that a mid-year report on workforce planning in-between the annual reporting cycle would be welcome and the first such mid-year report is a separate report the agenda for this Committee. 5. PROPOSALS 5.1 The proposal is to note that remit of the Group has been discharged and to conclude the short life Workforce Working Group. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Item 8. Page 71
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Improved workforce planning, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. This is through ensuring effective workforce planning takes account of council priorities and ensures that the workforce is aligned with these and prepared for their delivery. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population As above, through ensuring effective workforce planning takes account of council priorities and ensures that the workforce is aligned with these and prepared for their delivery. 6.3 Policy and Legal The national terms and conditions for the local government workforce, local terms and conditions and the Council’s Corporate Workforce Strategy and Plan set out the legal and policy framework under which this report should be considered. 6.4 Financial There are no direct financial implications arising from this report. 6.5 Risk Workforce planning uses data to identify organisational risks and issues that may arise associated with the workforce, ensuring that workforce risks are identified and appropriately prioritised for action in the context of the Council’s corporate priorities and incorporated into the Workforce Plan. 6.6 Staffing There are no direct staffing implications arising from this report. 6.7 Best Value and Transformation Workforce Planning was the considered as part of the Best Value assessment and the Thematic Review on Workforce Innovation in 2024. Improvement actions are being progressed and monitored through regular updates to full council. Effective workforce planning supports the work of the Transformation Strategy projects. Item 8. Page 72
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6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital Workforce planning data is essential to the effective planning of the workforce and there developments in the use of technology to enhance this are being developed. 6.10 Equalities, Social Inclusion and Economic Impact There are no direct equalities, social inclusion or economic impacts identified within this report. 6.11 Climate Change, Biodiversity and Sustainability Impacts There are no direct climate change, biodiversity or sustainability impacts identified within this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Education, Communities and Organisational Development), Organisational Development Manager, Democratic Services Manager and the Chair of the short life Working Group and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 There are no background papers to this report. Item 8. Page 73
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Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: HR004/25/AS Author: Anne Smith, Senior OD Adviser Contact Email: HR@moray.gov.uk Subject: Interim Workforce Planning Report 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of the progress made against the production of data and plans to support effective workforce planning across the council. The interim report, as requested by the Short Life Workforce Working Group, is being presented mid-year, ahead of the annual workforce report in August 2025 to ensure that Committee remain sighted on the key issues arising from the data collated. This will enable and support effective decision making and additionally provide assurance of the progress being made. 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 formulating and reviewing as necessary the policies and practices of the Council. 2. SUMMARY 2.1 This interim report provides an update on the themes arising from the annual workforce planning meetings with services and these findings will inform the action required to be taken to ensure that we have the necessary workforce strategies in place to support delivery of the corporate priorities and will be used to inform the strategies within the Annual Workforce Planning report. Item 9. Page 75
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2.2 Committee is also asked to note the Mainstreaming Equalities Report for 2023/24. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Consider and note the main elements of the workforce planning process and progress made; and ii) Consider and note the main elements of the Equalities and Mainstreaming Report. Author Name: Anne Smith Job Title: Senior Organisational Development Adviser 4. BACKGROUND AND CONTEXT 4.1 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. 4.2 This is based on the Council’s workforce being fundamental to 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. 4.3 Each year Service workforce planning meetings are conducted with service management teams to understand data and information on the key issues faced by services including issues relating to the demographics of the workforce, recruitment and retention, impact of absence, change and transformation plans, strategic issues including leadership development and capacity, skills and development needs and workforce cultural issues. The meetings focus on needs for the forthcoming 12 – 18 months and longer if required. The main themes arising from these meetings, along with workforce data support and inform the council’s workforce strategy and plan to ensure achievement of the Council’s key corporate priorities and objectives. In addition, this information is utilised by Heads of Service to inform, plan and manage specific workforce needs via the service planning process and to inform the service annual training requests. 4.4 The main themes arising from these meetings are captured in the table below against the main themes from the Council’s agreed Corporate Workforce Strategy. There are themes that are common across most services as well as service specific: Item 9. Page 76
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Workforce Planning and Change • Effective delivery of change management plans is necessary to support delivery and implementation of service-related change and transformation including budget savings. • Lack of capacity to support change and transformation i.e. Change Agents, Centralised Project Management team to drive effective change is suggested. • Need for digital reform - technology and digital improvements to deliver efficiencies and create capacity creating a modern and sustainable council. e.g. AI, Sharepoint developments to allow collaboration with outside agencies to improve change processes, more effective use of current system and functionality. • Impact of short term funding on longer term sustainability • Systems based approach would aid community involvement aligning across the council and support effective change/transformation. Organisational Development (Engagement and Culture/ Workforce is enabled and prepared to embrace change) • To build resilience across the workforce that will enable demands to be managed in light of budgetary pressures and current financial climate • Create a psychologically safe working environment to support building a sustainable council • Continue work to create a positive workforce culture that empowers and enables the workforce to manage change and recognises and values the contributions of the workforce. • ERDP/ PRDs linked to career conversations, succession planning and performance management Leadership Development and Capacity • Impact of Management Review will impact leadership development and capacity. Apprehension/ anxiety whilst decisions are taken. • Concerns on impact this may have on capacity issues to manage service delivery. • Challenging environment impacts on the ability to lead a team versus managing a team with no capacity for thinking time. Item 9. Page 77
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• More cross service working where teams are enabled to work together and processes in place to enable and promote the approach. • Creating opportunities to develop future leadership capacity i.e. Project work, secondments, stretch opportunities Recruitment and Retention • Maintain and improve oversight of planned recruitment and development needs. Note there remains difficulties in recruiting to a number of professional and technical roles in the ongoing competitive recruitment market both at a local and national level. • High numbers of acting and temporary appointments impact on sustainability and key knowledge is being lost. • Proactive approach to succession planning to support addressing recruitment and retention. • Improve the attractiveness of Moray Council as an employer through the delivery of the corporate recruitment plan. • Bridge the gap between education and work. Show case opportunities including apprentices, career graded posts and trainee positions to attract the younger demographic to the council. • Improved onboarding experience to aid retention • More effective exit monitoring to inform recruitment and retention strategies. • Loss of knowledge and expertise arising from impact of aging demographic. • Skills gaps in change and transformation skills, digital skills and project management skills across the council Health and Wellbeing • Skills training for new managers and refresher training for existing staff • Make better use of tools and data available to proactively manage attendance at work including analysis of the main reasons and drivers for absence • Mental Health - training managers to recognise and support employees • Early intervention approaches and strategies required. • Concerns re impact of workload and capacity on health and wellbeing Item 9. Page 78
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4.5 Service specific themes highlighted included upskilling deskilled managers to support future leadership needs and build capacity, changing culture to ensure time is invested in developing skills and encouraging employees to own their development, hybrid working expectations clarified and embedded to be more effective and developing the understanding of the political landscape and links to service planning to understand the bigger picture and support moving away from silo working. 4.6 In addition, on an annual basis, an Equalities Mainstreaming Report is produced. This report is produced to demonstrate how Moray Council are applying the principles of equality to its own workforce and that of prospective employees. Gender mainstreaming is a process whereby efforts to promote gender equality are incorporated into initiatives to help women in the workplace and incorporated into the design and delivery of all services, policies and practices e.g. flexible working. In addition to supporting workforce planning, this report also supports the statutory requirement to collect and publish equalities and monitoring data on a biennial basis and identifies actions to help the council remove any differences between groups and address any unfairness, disadvantage or discrimination. The overall gender pay gap has decreased from 5.34% to 4.44% over the period 2023/24 which is an improving position for Moray. The full report is available in Appendix 1 and captures actions to take forward to improve the gender pay gap over 2025/26. 4.7 The Workforce Short Life Workforce Working Group was remitted to consider and review the data and plans the council had to ensure effective workforce planning and organisational capacity to deliver services through the effective use of the Council workforce, including a positive workforce culture. This group met on 4 occasions and considered a range of statistical information and workforce data. The themes identified for inclusion in the Workforce Plan by this group align with those arising from the annual workforce planning meetings which provides reassurance that the internal process of workforce planning is effective at identifying the corporate needs for the Council. 4.8 The Service Workforce Planning Meetings have captured the main themes arising both at a service and a corporate level. At a service level, each Head of Service was provided with an overview of the findings from their Workforce Planning Meeting and are remitted to include these considerations into their service planning process. This will ensure that the issues have been considered, assessed and appropriate action built into the service plan to address the gaps and monitor progress. At a corporate level, the main themes will inform the council’s workforce strategy and plan to ensure achievement of the Council’s key corporate priorities and objectives. This approach will be presented to Committee in August 2025 for consideration. 4.9 The actions arising from the Mainstreaming Report will be undertaken over the coming 12 months to provide further data to inform decisions and actions to support reducing the gender pay gap over the reporting period 2025/26. A further interim report in April 2026 will provide an update on progress against the actions. Item 9. Page 79
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5. PROPOSALS 5.1 The proposal is to note the progress in the collection and analysis of workforce planning data in line with supporting and informing the Annual Workforce Planning report scheduled for August 2025 and committee should note the main themes arising. The recommended actions will be taken forward over the reporting period 2025/26 and progress against these reported in an Interim Report in April 2026. with Services capturing progress against service plan actions via the normal reporting process. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property X Information Communications Technology/Digital x XX Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved workforce planning, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population Item 9. Page 80
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6.3 Policy and Legal The national terms and conditions for all groups within the local government workforce, local terms and conditions and the Council’s Corporate Workforce Strategy and Plan set out the legal and policy framework under which this report should be considered. 6.4 Financial There are no financial implications arising from the content of this report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk Workforce planning uses data to identify organisational risks and issues that may arise associated with the workforce, ensuring that workforce risks are identified and appropriately prioritised for action in the context of the Council’s corporate priorities and incorporated into the Workforce Plan. 6.6 Staffing There are no staffing implications arising from this report. 6.7 Best Value and Transformation Workforce Planning was considered as part of the Best Value assessment and the Thematic Review on Workforce Innovation in 2023/24. Improvement actions are being progressed and monitored through regular updates to full council. Effective workforce planning supports the work of the Transformation Strategy projects. 6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital Workforce planning data is essential to the effective planning of the workforce and developments in the use of technology to enhance this are being taken forward. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities/socio economic implications arising from this report. Item 9. Page 81
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6.11 Climate Change, Biodiversity and Sustainability Impacts There are no climate change or biodiversity impacts arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of HR, ICT and OD and the Organisational Development Manager. 8. BACKGROUND PAPERS 8.1 Appendix 1 Equality Mainstreaming Report Item 9. Page 82
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APPENDIX 1 MORAY COUNCIL EQUALITY WORKFORCE MONITORING REPORT 2023/24 Introduction This is Moray Council’s Equality Workforce Monitoring Report for 2023/2024. We produce this to show that Moray Council is applying the principles of equality to its own workforce and to prospective employees. This report details information gathered over the last financial year from 1 April 2023 to 31 March 2024. It is important to note that the impact of the global pandemic resulted in changes to the workforce data over the previous 3 years. In the previous 2 year’s reports, particularly regarding recruitment data, it was acknowledged there continues to be challenges nationwide within the recruitment market. These challenges have meant that some services remain running with higher-than-average vacancies with gaps in professional and technical posts. Background As an employer Moray Council is required to collect and publish equalities monitoring data on a biennial basis. Gender mainstreaming is a process whereby efforts to promote gender equality are not only restricted to specific projects and initiatives to help women but are also incorporated into the design and delivery of all services, policies and practices. It is important to note that a dual approach is necessary; mainstreaming gender into service delivery, policy and practice, while also implementing specific measures to address gender inequalities. Both approaches go hand-in-hand, and one cannot replace the other. The purpose of this report is to highlight any potential difference between groups, to investigate the reasons behind the differences and to deal with any unfairness, disadvantage or discrimination. The areas reported on are: • The current workforce gender pay gap information (including ethnicity gender pay gap information), departmental segregation and grading information and workforce composition broken down by ethnic minority groups. • Applicants for employment • Staff who are involved in disciplinary and grievance procedures • Staff who cease employment with the Council It is acknowledged that all employees and prospective employees have a legal right not to disclose equalities information and a significant proportion of the workforce have chosen this option therefore the data provided is not complete and not totally representative of the whole workforce. This is addressed in more detail below. Item 9. Page 83
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Gender Pay Gap Reporting information 31 March 2024 – Employment Context Moray Council employs 6077 staff in total. 4644 staff (employed under Scottish Joint Council terms and conditions) cover a wide range of services and deliver a wide range of roles including manual workers, administration, professional posts and managers. A high number of employees (in region of 40%) are employed in service areas such as catering, cleaning, care at home and schools support staff. These areas are populated predominantly by a high number of part time female workers; often who may hold more than one part time position across these services. 486 employees hold more than 1 job with the council of which 95% are female. This explains the differential between the number of staff employed and number of posts within the organisation that has been identified in the calculations below. We also employ 1433 Teaching staff across the authority area. Within the public sector there are different national conditions of service, the impact of which may contribute to the overall gender pay gap i.e. SJC and SNCT conditions of service e.g. SNCT staff are employed in professional teaching posts which are generally paid at a higher level. These posts make up 23.5% of the workforce, of which 82% are female. In comparison, 36% of female employees on SJC terms and conditions hold Grade 4 or below posts and this impacts on the gender pay calculation as there are higher number of females holding lower graded posts. The impact of such therefore needs to be considered in terms of reviewing the position and putting further context to this calculation. Moray Council has been proactive in offering flexible working opportunities across the workforce. Appendix 1 provides data used to inform this report and includes the breakdown of the composition of workforce and information on recruitment of employees with respect to number and relevant protected characteristics of such persons where known, equality data of those involved in disciplinary & grievance and the composition of those leaving employment. The Moray Council’s Equal Pay Statement is attached as Appendix 2. The Departmental Segregation table is attached as Appendix 3 and captures the gender breakdown by service areas and grade Key employment statistics and actions arising from the appendices: Employee numbers 6077 staff are employed 4644 local government staff under Scottish Joint Council Terms and Conditions 1433 Teaching Staff under Scottish Negotiating Committee for Teachers conditions Gender split 78.6 % female: 21.4% male Item 9. Page 84
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No of full-time posts 2257 postholders are full time (37.2% of the workforce) Of this group, 41.4% are male and 58.6% are female. No of part time posts 3820 postholders are part time (62.8% of the workforce) Of this group, 90% are female and 10% are male. *This includes 721 Relief positions. No of staff employed in Grade 4 or below 2679 postholders are Grade 4 or below which equates to 44% of the overall workforce. 488 posts are held by men which equates to 8% of the total workforce who hold Grade 4 or below and 18% of those holding Grade 4 or below posts. 2191 posts held by women which equates to 36% of the total workforce employed in posts at Grade 4 and below and 82% of those holding Grade 4 or below posts Equal Pay Compliant The Council believes that it is compliant with the principles of equal pay as we offer men and women equal pay for doing equal work Pay and Grading Scale The Council believes that the pay and grading structure is non- discriminatory, and an analytical job evaluation scheme is used to determine the grades of jobs Living Wage The Council introduced the Scottish Local Living Wage and whilst this benefits both genders, the impact is more significant to women as more women are employed in lower graded posts i.e. 36% of women employed hold Grade 4 or below posts. Leavers Of those leaving employment the workforce gender split was proportionate to the overall workforce gender split. 1. Gender Pay Gap This has been calculated using the Close the Gap formula as provided; please find details below: 2023-2024 Sum hourly rate No of Mean hourly rate Mean pay gap posts Teaching Staff Male 7013.735495 252 £27.83 1.81 % Female 32275.44736 1181 £27.33 1433 Non- teaching Male 17402.34202 1047 £16.62 10.44 % Female 53546.37576 3597 £14.89 4644 Item 9. Page 85
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ALL STAFF Male 24416.07751 1299 £18.80 4.44 % Female 85821.82312 4778 £17.96 6077 2. Gender Pay Gap by Grade 2023-2024 Sum hourly rate No of Mean hourly rate Mean pay gap posts GRADE 1 - 4 Male 6349.41 488 £13.01 2.32 % Female 27846.44 2191 £12.71 2679 Grade 5 - 9 Male 8689.4 485 £17.92 4.82 % Female 21792.38 1278 £17.05 1763 Grade 10 + above Male 2363.532016 74 £31.94 4.42 % Female 3907.555756 128 £30.53 202 (Figures represent SJC staff) 3. Median pay gap Staff Category No of Posts Median Hourly rate Median Pay Gap Teaching Male 252 £26.66 Item 9. Page 86
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The median pay refers to the difference in earnings between the middle earning individual in the female group compared to the middle earning individual in the male group and shows the pay disparity between the ‘typical’ employee in each group as opposed to the average which can be skewed by outliers. 4. Ethnicity Pay Gap and Ethnicity Pay Gap by Grade The ethnic gender pay data is statistically invalid due to the small numbers representing 0.27% of our total workforce, therefore the data has not been shared within the content of the report. 5. What does this information tell us about Moray Council’s Gender Pay Gap • Looking at the above calculations, it is important to consider when comparing this to other authorities that a like for like comparison is not always possible in terms of the services delivered and the composition of the workforce as not all councils deliver the same services. • As indicated, there is a high number of female employees across the workforce; 78.6% of the workforce is female, with a high number working part time in lower graded positions. 36% of our total workforce are female working at Grade 4 or below in comparison to 8% of our total workforce working at Grade 4 or below who are male. • Noted in table 2, Gender Pay Gap by Pay Grade, the gender pay gap is 2.32% in Grade 1 -4 posts. This can be accounted for given the high number of women delivering front line services in posts being paid the living wage where there are challenges in terms of offering suitable appropriate career paths to traditionally lower paid frontline women which contribute to the overall gender pay gap. Since the last report the council has reduced the overall Part time gender pay gap from 5.62% to 3.54%. The Gender Pay gap for staff working in Grade 1 – 4 posts has increased from 2.10% to 2.32%. The number of staff in these salary grades has decreased from 2957 staff to 2679 making a differential of 278 less staff than in 2022-2023 report albeit the gender split for this grouping remains18% male to 82% female. A significant proportion of this change is due to Care at Home staff being regraded from a Grade 4 to 5. Additionally, the occupational segregation factors in this grouping shows we have high numbers Female 1181 £26.66 Total 1433 0.00% Non-Teaching Male 1047 £13.88 Female 3597 £12.81 Total 4644 7.71% ALL STAFF Male 1299 £15.96 Female 4778 £13.88 Total 6077 13.03% Item 9. Page 87
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of female part time workers undertaking traditionally female dominated roles such as cleaning, catering and school support staff. It is however noted that overall gender pay gap has reduced each year over the past 3 years. • Grade 5 – 9 posts also demonstrate a slight increase in the gender pay gap increasing from 2.6%to 4.82%. In this grouping the number of males has decreased by 3.5% to 27.5% and the number of females has increased from 69% to 72.5%. This can be accounted for as a result of the Care at Home regrading which increased the number of female staff in this grouping by 311 and who were placed at the bottom of the salary grade. Further analysis was undertaken to review the age demographic across the salary grades to ensure there were no further actions arising that would support reducing the gender pay gap. This analysis demonstrated that female staff within this grouping align with the overall age split across the age brackets of this grouping with only minor differentials. In comparison across the age profile, it was found there were slightly less male staff within the 35 – 44 and 45 – 54 age groups and over 5% more males than females in the each of the 55 – 60 and 60 years plus age groups which could contribute to having higher numbers of males at the top end of the pay grades and help explain the increase in the gap. Analysis evidenced that across grades 1 – 9, 54% of the workforce were at the top of the grade. • A positive impact on the gender pay gap was achieved across Grade 10 – 13 salaries grouping where it is noted the council employs significantly higher numbers of females compared to males in these pay grades, the pay gap has reduced from 4.84% to 4.42%. This is accountable due to a reduction in the males in this grouping from 39% to 37% and an increase in females from 61% to 63% thus impacting positively on this salary grouping. This indicates that our employment policies such as flexible working, part time opportunities etc are supporting employees to manage their work life balance and remove barriers from career progression. Further analysis of this pay grade identified a reduction of males in the younger age brackets across the grouping with female workers remaining fairly static across the age profile with the exception of the 60 plus age group which saw a slight increase in number which reflects the aging demographic of the workforce. 44% of this group were found to be at the top of the salary grade which was composed of 32% female workers and 23% male workers which helps explain the current gender pay gap position for this grouping. Overview and recommendations arising from the report The overall Gender Pay Gap has decreased from 5.34% to 4.44% over the period 2023/24 which is an improving position for Moray. The implementation and embedding of the Smarter Working Project have supported the workforce in continuing to undertake a range of flexible working options, making the workplace more accessible for office-based staff which may have positively impacted the reduction in the pay gap. Additionally, flexible working arrangements continue to be offered at all grades across the workplace as appropriate to the service delivered, Item 9. Page 88
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including part time, job share and compressed hours’ contracts to promote opportunities for all and support accessibility for all. There has been an increase in headcount of 58 staff with an increase of 82 females and a reduction of 24 males. The council is committed to continuing to improve recruitment packages which will support accessibility to work for all genders through more creative ways of working and that support the council’s journey to sustainability. The long-term impact on the pay structure arising from the living wage and other pay related issues continue to be monitored the outcome of which is to have in place fair and competitive pay and conditions that are recognised as such and are free of bias. The Office of National Statistics (ONS) Annual Survey of Hours and Earnings shows that the gender pay gap in Scotland fell from 3% in 2022 to 1.7% in 2023. The UK as a whole reported an increase in the gender pay gap from 7.6% to 7.7%. The Local Government Benchmarking Framework allows the council to assess how well the council is performing across the 32 local authorities and over the past 3 years Moray Council’s relative position across the Scottish Council is showing a relatively static position although it is noted that there has been an improving position with regards to reducing the gender pay gap. The position is captured in the table below. Local Government Benchmarking Framework Data: Year Gender Pay Gap % LGBF Ranking 2021/22 7% 30 2022/23 5.3% 28 2023/24 4.5% 29* * Due to an error in data upload our published position on the LGBF rankings in incorrect and a request to amend has been submitted to rectify the positions. Currently we are ranked 2ND on the LGBF dashboard. Moray Council recognises that whilst an improvement in the gender pay gap has been achieved in 2023/24, decreasing the gender pay gap from 5.34% to 4.44% over the period 2023/24, further work is still required to reduce the gap further. Recommendations for maintenance and improvement: • The Council has made some progress in the gathering of workforce data however this remains an ongoing action to increase engagement to improve the workforce personal data capture and allow more accurate reporting • To identify where the Council is compared to other authorities, undertake more detailed analysis of the workforce composition and that of our comparators. • To monitor the impact of equality through the completion of Integrated Impact Assessments for all new policies and projects that the council undertakes. Putting in place Action plans to address any outcomes arising from the assessment. • To monitor the impact of pay issues i.e. awards, on the overall pay structure within the council to ensure it remains free from bias. To support this further work will be undertaken to understand the impact of the age profile and salary Item 9. Page 89
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placement of staff to further understand and identify any issues arising in the future allowing proactive action to be taken where necessary. These actions will contribute to improving on the positive progress made to date in terms of continuing to reduce the gender pay gap across the workforce. Item 9. Page 90
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Appendix 1: Mainstreaming Report Backing Data Table 1: Workforce Composition Please note that the total workforce employee number differs from that detailed in the report due to a number of employees holding more than one position in the Council. Total Workforce All staff teaching staff non-teaching 6077 1422 4655 Male/Female Split Male – 21.38% Female – 78.62% Ethnic Minority: A White Number % Number % Number % Scottish 1293 21.28 379 19.62 1014 21.78 British 516 8.44 114 8.02 399 8.57 Irish 6 0.10 * * Polish 9 0.15 * 8 0.17 Scottish: Polish 0 0 0 0 0 0 Any other white background 26 0.43 9 0.63 17 0.37 B Mixed: Any mixed background 5 0.08 * 3* C Asian, Asian Scottish, Asian English, Asian Welsh or other British Asian Indian * 0 0 * Pakistani 0 0 0 0 0 0 Bangladesh * 0 0 * Chinese * 0 0 * Any other Asian background * 0 0 * D: Black, Black Scottish, Black English, Black Welsh or Other Black British Item 9. Page 91
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Caribbean 0 0 0 0 0 0 African * 0 0 * Any other Black background * 0 0 * E: Other Ethnic Background Any other background 0 0 0 0 0 0 F: Unidentified Unknown (Did not answer) 4217 69.39 1013 71.24 3204 68.83 Disability: Total Percentage Yes 32 0.53 No 1057 17.39 Did Not Answer 4988 82.08 Religion: Christian 500 8.23 Not Known 4826 79.41 None 530 8.72 Other 185 3.04 Prefer not to say 36 0.59 Transgender: Not Known 5636 92.74 NOT Same as Birth * * Prefer Not to Say 9 0.15 Same as Birth 430 7.08 Sexual Orientation: Bisexual 8 0.13 Item 9. Page 92
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Information on Job Applicants Applicants for jobs are recorded on an online national recruitment portal and as part of this process applicants are required to complete equal opportunities data before submitting their application however, they do have an option not to disclose any information if they wish. The information in Table 2 is based on the data given voluntarily by online applicants: Table 2: Recruitment Information: Gay /Lesbian 17 0.28 Heterosexual/Straight 1240 20.40 Not Known 4774 78.56 Other * * Prefer not to Say 35 0.58 Item 9. Page 93
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Applied (number) Applied (%) Shortlisted (Number) Shortlisted (%) Appointed (Number) Appointed (%) Total 9031 100% 2388 100% 739 100% Gender: Male 2513 27.82% 634 26.55% 151 20.44% Female 6420 71.09% 1731 72.49% 580 78.48% Prefer not to say 98 1.09% 23 0.96% 8 1.08% Sexual Orientation: Straight / Heterosexual 8107 89.77% 2194 91.88% 686 92.83% Bisexual 311 3.44% 68 2.85% 15 2.03% Gay or Lesbian 163 1.80% 35 1.47% 8 1.08% Other Sexual Orientation 28 0.31% * * 0 0% Prefer not to say 422 4.67% 88 3.69% 30 4.06% Trans: Not same as birth 25 0.28% * * 0 0% Same as birth 8867 98.18% 2356 98.66% 730 98.78% Prefer not to say 139 1.54% 30 1.26% 9 1.22% Disability: Yes 400 4.43% 99 4.15% 23 3.11% No 8461 93.69% 2240 93.80% 703 95.13% Item 9. Page 94
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Prefer not to say 170 1.88% 49 2.05% 13 1.76% Long Term Health Condition: Yes 898 9.94% 261 10.93% 64 8.66% No 7986 88.43% 2100 87.94% 670 90.66% Prefer not to say 147 1.63% 27 1.13% 5 0.68% Religion: C of S 1031 11.42% 301 12.60% 77 10.42% Roman Catholic 508 5.63% 135 5.65% 27 3.65% Protestant 30 0.33% 9 0.38% * * Other Christian 802 8.88% 153 6.41% 42 5.68% None 5717 63.30% 1603 67.13% 547 74.02% Other 468 5.18% 63 2.64% 6 0.81% Prefer not to Say 475 5.26% 124 5.19% 39 5.28% Ethnicity: White: 7865 87.09% 2227 93.26% 709 95.94% Scottish 5520 61.12% 1606 67.25% 536 72.53% English * * 0 0% 0 0% Welsh 0 0% 0 0% 0 0% Irish 45 0.50% 10 0.42% * * Northern Irish * * 0 0% 0 0% Polish 72 0.80% 20 0.84% 8 1.08% Scottish: Polish 0 0% 0 0% 0 0% Item 9. Page 95
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Table 3: Non-Response Workforce Applicants Shortlisted Applicants Sex 79% 4.67% 3.69% Race 69.39% 0.00% 0% Disability 82.08% 1.88% 2.05% Religion 79.41% 63.30% 67.13% Transgender 92.74% 1.54% 1.26% Sexual Orientation 78.56% 4.67% 3.69% Any Other: British 1674 18.54% 467 19.56% 121 16.37% Any other 415 4.60% 89 3.73% 24 3.25% Mixed: Any mixed background 101 1.12% 23 0.96% 8 1.08% Asian: 418 4.63% 61 2.55% 6 0.81% Indian 168 1.86% 21 0.88% 0 0% Pakistani 115 1.27% 7 0.29% 0 0% Bangladeshi 13 0.14% 5 0.21% 0 0% Chinese 37 0.41% 11 0.46% * * Any other 79 0.87% 17 0.71% * * Black: 391 4.33% 34 1.42% * * Caribbean * * 0 0% 0 0% African 358 3.96% 30 1.26% 3 0.41% Any other 6 0.07% * * 0 0% Any Other Ethnic: 44 0.49% 8 0.34% 0 0% Prefer not to say 212 2.35% 35 1.47% 12 1.62% Item 9. Page 96
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NB: It is important to highlight that with regards to the shortlisted and appointed data that the recruitment system generates there has been a slight uplift in applicants providing personal detail. Please note data is not currently held on the other areas recommended or the data held is too low for analysis and therefore cannot report on these at this time. Previous attempts to gather this data from the workforce have been met with reluctance as can be seen from the non-response data. However, this is an area that has been identified for further development in terms of action planning arising from this report. It should also be noted that the HR payroll system provides a self-service functionality which includes the scope for employees to record and update their personal data, it is hoped that this will also support improved rates of data capture going forward and staff will be encouraged at the start of their employment to share their personal data with further information being provided during the induction process. Item 9. Page 97
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Disciplinary and Grievances The table below captures the equality data of those involved in disciplinary and grievance procedures during 2023/24. From the data available this presents no equality concerns. Item 9. Page 98
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Disciplinary (number) Disciplinary (%) Grievance (number) Grievance (%) Total 23 100 Total 13 100 Gender: Gender: Male 15 65.22% Male 7 53.85% Female 8 34.78% Female 5 38.46% Group 0 0% Group 1 7.69% Marital Status: Marital Status: Single 1 4.35% Single 1 7.69% Cohabiting 0 0% Cohabiting 0 0% Married 2 8.70% Married 3 23.08% Divorced 0 0% Divorced 1 7.69% Prefer not to Say 0 0% Prefer not to Say 0 0% Not Provided 8 34.78% Not Provided 2 15.39% DNA 12 52.17% DNA 6 46.15% Sexual Orientation: Sexual Orientation: Gay/Lesbian 0 0% Gay/Lesbian 0 0% Heterosexual/Str aight 2 8.70% Heterosexual/Strai ght 4 30.77% Bisexual 0 0% Bisexual 0 0% Prefer Not to Say 9 39.13% Prefer Not to Say 3 23.08% DNA 12 52.17% DNA 6 46.15% Gender Reassignment: Gender Reassignment: No 1 4.35% No 0 0% Yes 0 0% Yes 0 0% Information Refused 22 95.65% Information Refused 13 100% Item 9. Page 99
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Leavers Information The following table provides a breakdown of workforce composition of employees leaving employment. Leavers include involuntary and voluntary leavers. Within involuntary leavers these can include those who have left due to normal retirement, ill health retirement, death in service, redundancy, dismissal or contract end. Those voluntary leavers are those who have chosen to leave for reasons including new job, maternity or early retirement. Leavers All staff teaching staff non-teaching Self-Certified Disabled Self-Certified Disabled Not Disabled 1 4.35% Not Disabled 2 15.39% Disabled 0 0% Disabled 0 0% Not Provided 10 43.48% Not Provided 5 38.46% Prefer not to Say 12 52.17% Prefer not to Say 6 46.15% Religion: Religion: Christian 2 8.70% Christian 1 7.69% Not Provided 9 39.13% Not Provided 5 38.46% Prefer not to say 0 0% Prefer not to say 0 0% DNA 12 52.17% DNA 6 46.16% None 0 0% None 1 7.69% Ethnic Origin: Ethnic Origin: White Scottish 0 0% White Scottish 3 23.08% White Other 2 8.70% White Other 1 7.69% Mixed or Multiple 0 0% Mixed or Multiple 0 0% Any other British 0 0% Any other British 0 0% Prefer not to Say 9 39.13% Prefer not to Say 3 23.08% DNA 12 52.17% DNA 6 Item 9. Page 100
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645 151 494 Male/Female Split Male – 25.58% Female – 74.42% Ethnic Minority: A White: Scottish 104 16.12% 20 13.25% 84 17% British 56 8.68% 11 7.28% 45 9.11% Irish * * * * Polish Scottish: Polish Any other white background 7 1.09% * * * * B Mixed: Any mixed background C Asian, Asian Scottish, Asian English, Asian Welsh or other British Asian Indian Pakistani Bangladesh Chinese Any other Asian background * * * * D: Black, Black Scottish, Black English, Black Welsh or Other Black British Caribbean African Any other Black background E: Other Ethnic Background Any other background F: Unidentified Unknown (Did not answer) * * * * Item 9. Page 101
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Disability: Total Percentage Yes 6 0.93% No 124 19.22% Did Not Answer 515 79.84% Religion: Christian 64 9.92% Not Known 487 75.50% None 67 10.39% Other 26 4.03% Prefer not to say * * Transgender: Not Known 588 91.16% NOT Same as Birth 0 0 Prefer Not to Say 0 0 Same as Birth 57 8.84% Sexual Orientation: Bisexual * * Gay /Lesbian * * Heterosexual/Straight 147 22.79% Not Known 487 75.50% Other * * Prefer not to Say * * Leavers include involuntary and voluntary leavers. Within involuntary leavers these can include those who have left due to normal retirement, ill health retirement, death in Item 9. Page 102
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service, redundancy, dismissal or contract end. Those voluntary leavers are those who have chosen to leave for reasons including new job, maternity or early retirement. Note: all data samples below 5 have been redacted to preserve confidentiality. Item 9. Page 103
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Appendix 2 Equal Pay Statement MORAY COUNCIL EQUAL PAY STATEMENT UPDATE APRIL 2023 (Reviewed every 3 years – next update due April 2026) Introduction Moray Council’s Equal Pay Statement sets out how the Council will comply with the legal duties set out in the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012. Our Commitment Moray Council is committed to the principle of equal opportunities in employment for all our employees and to reducing occupational segregation in our workforce. We recognise that a right to equal pay between men and women is a legal right in law. As an authority Moray Council is committed to take steps to proactively address gender inequality and to understand how this impacts the organisation and its employees through analysis, publication and planning of our Gender Pay Gap reporting. Our approach complies with the legal duties under the Equality Act (2010) and the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012. The General Equality Duty of the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 requires the Council to have due regard to the need to; • Eliminate unfair, unjust or unlawful practices and other discrimination that impact on pay equality. • Promote equality of opportunity and the principles of equal pay throughout the workforce. • Foster good relations between people who share a protected characteristic and those who do not in the implementation of equal pay. The responsible officer for equality in employment is the Head of HR, ICT & OD. Moray Council have made a commitment to equal pay and this statement sets out how Moray Council will ensure equal pay. This statement will be reviewed at no more than 3 yearly intervals. Moray Council will: Item 9. Page 104
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• Regularly review our pay and reward systems to eliminate any bias including taking appropriate measures to ensure fair promotion, development opportunities and tackle occupational segregation. • Conduct regular equal pay audits for all employees to monitor the application of equal pay across the workforce. • Work in partnership with the recognised Trade Unions to ensure that employees have confidence in the process of eliminating any bias in our pay and reward systems. What action will we take to meet and maintain our commitment: Job Evaluation: Job Evaluation is key in supporting the principle of ‘equal pay for work of equal value’. It provides a fair, transparent and robust method of providing a framework for grading structures which satisfies this principle. Moray Council will continue to apply the Scottish Councils Job Evaluation Scheme and the national job sizing arrangements for teaching staff. All job evaluation activities are completed by trained employees within the HR service and will be applied consistently and as per the requirements of the scheme /arrangements. Moray Council has paid the Living Wage since 2012 and has been recognised as a Living Wage accredited employer since September 2022 which demonstrates our commitment to equality and is a symbol of responsible pay and we will continue to apply the requirements of this scheme to our practice. Additionally as a result of the requirement to consolidate the Scottish Local Government Living Wage a review of Grades 1 to 4 of the pay and grading structure was completed in 2022 which resulted in an uplift in some of our lower graded posts. This position will be monitored and further reviews undertaken as required in order to continue to provide equal pay to the workforce. Equality Impact Assessments: Moray Council will continue to deliver equal pay and equality of opportunity to our employees and job applicants by continuing to equality impact assess all relevant employment policies and procedures to identify different effects of practices on women and men and take action to address these. Corporate Workforce Strategy and Plan Our corporate workforce strategy and plan is designed to help the council develop and maintain a skilled, motivated and flexible workforce and to adapt as an organisation in order to deliver sustainable services to the community that make a difference, address inequality and are fit for purpose. Key to achieving this is via the workforce through providing equality of opportunity and supporting the council’s priorities by the ongoing development of the culture which will help future proof the council as an employer of Item 9. Page 105
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choice. In doing so we will recognise the importance of promoting equality of opportunity and fair work and pay across our workforce and providing equality of opportunity in our recruitment and development activities. Annual workforce planning and workforce data analysis including review of recruitment activity will continue and inform ways of improving and promoting a positive culture of equality, diversity and fairness and support achievement of our corporate workforce strategy and plan as well as meeting our equal pay duties. Supporting Work-Life Balance and Wellbeing It is recognised that there are aspects of life that can have an impact on an individual’s capacity to engage fully with work. For example, those with caring responsibilities tend mainly to be women, people with disabilities may need additional support and time throughout the year to help them manage their life/work balance. We continue to support employees through the implementation of a range of policies, practices and procedures including, for example, Flexible Working (which has been recently reviewed and updated) in terms of hours, place and other arrangements, a comprehensive Special Leave Policy, including measures for Carers. We have also implemented guidance on Menopause in the workplace and there are plans in place to review the provisions in terms of Disability Leave in the coming year. Gender Pay Gap Monitoring We will continue to monitor annually the gender pay gap, identifying any areas of concern and action planning to address and reduce the gap. Using occupational segregation data we will review annually the distribution of the workforce and gender profile to identify any areas which may contribute to the gender pay gap and consider what positive action can be taken to reduce occupational segregation. This action will consider the impact of both horizontal and vertical segregation and support activities to improve equality. Moray Council remains committed to the principles of equal pay and will continue to review and improve on pay equality for the workforce. Human Resources April 2023 Item 9. Page 106
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Appendix 3 - Segregation Breakdown Department Chief Executive Children' s Services Community Care - Home Care Community Care - excl Home Care Envir & Commercial Svcs Finance Housing & Property Svcs Governance Stategy & Performance HR, ICT & OD Economic Growth & Devt Education Education Resources & Comms TOTAL No in each Grade MALE FEMALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE FEMALE MALE Grade 1 283 37 8 0 4 5 337 Grade 2 1 0 4 12 5 0 10 4 276 5 1 0 318 Grade 3 11 1 4 2 16 3 280 123 5 0 31 9 24 1 7 0 10 1 731 21 171 54 1505 Grade 4 2 1 52 13 152 36 33 130 10 4 23 20 15 0 1 1 2 2 18 0 7 0 522 Grade 5 15 1 294 34 31 0 44 18 1 2 22 6 2 0 17 7 4 2 75 5 50 15 645 Grade 6 1 66 10 12 5 5 34 14 2 7 2 19 0 2 1 16 1 123 13 9 3 345 Grade 7 1 6 5 22 0 18 5 6 4 5 0 13 6 9 1 1 13 7 6 53 1 5 5 192 Grade 8 4 2 13 2 8 13 1 0 24 22 7 3 12 6 17 8 15 4 17 17 195 Grade 9 58 11 3 2 50 8 6 16 8 3 8 14 5 6 10 16 12 11 18 1 6 2 274 Grade 10 25 4 18 4 1 2 2 1 6 6 1 1 2 5 3 4 3 1 89 Grade 11 8 0 9 2 1 7 2 4 4 1 3 1 6 6 4 0 3 2 63 Grade 12 1 0 0 1 1 2 2 1 0 1 1 0 10 Grade 13 4 1 2 2 2 2 0 3 1 1 1 1 2 2 1 0 2 2 29 Sheltered Placement 1 3 4 Chief Excutive 1 1 Depute Chief Executive 2 2 Chief Offical 1 1 0 1 0 0 1 0 1 1 0 0 1 1 0 8 Craft Grade 5 0 1 2 44 47 Craft Grade 6 9 0 36 45 Craft Grade 7 4 0 4 8 Craft Apprentice 0 Craft Apprentice Grade 5 1 6 7 Craft Apprentice Grade 6 0 7 7 Mechanic Grade 5 1 1 2 Main Grade Teacher 844 155 22 3 1024 Principal Teacher 173 58 4 4 239 Head/Depute Head Teacher 91 21 1 0 113 Chartered Teacher 13 3 2 0 18 Senior Education Psychologist 2 0 2 Education Psychologist 2 0 2 Principal Psychologist 0 1 1 Education Support Officer Org S 1 0 2 0 3 Quality Improvement Manager 1 1 2 Quality Improvement Officer 4 1 1 0 6 Music Instructor 8 4 12 4 1 196 34 380 53 323 71 675 412 52 13 140 192 99 20 57 52 80 44 2450 289 322 118 6077 sub Teach 1422 0 Non Teach 4655 0 0 0 match 0 Item 9. Page 107
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Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: HR005/25/AS/AS Author: Anne Smith, Senior OD Adviser Contact Email: hr@moray.gov.uk Subject: Employment Policy Framework Review 2024 -25 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the update on the employment policy framework for 2024 -25 1.2 This report is submitted to Committee in terms of Section III B (24) of the Council’s Scheme of Administration relating to the formulation, implementation and review of policies and practices for Council employees. 2. SUMMARY 2.1 This report provides an update on the employment policies reviewed during 2024 -25 and seeks approval on the update on the employment policy framework. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Approve the changes to the Fire Safety Policy. This policy has been updated to enhance its use, application and effectiveness in outlining the responsibilities as regards Fire Safety and to align with best practice; Item 10. Page 109
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ii) Approve the change to the Politically Restricted Posts policy. This policy has been updated to make more user friendly with regards to language used, adding of hyperlinks which ease navigation, clarified the maintenance arrangements of the Politically Restricted register and clarified arrangements for those standing for election; and iii) Approve the additions to the Maternity Leave Policy, Maternity Leave (Teachers) Policy, Adoption, Surrogacy and Kinship Care Policy and Paternity/Maternity/ Adoption Support Policy to accommodate the day one right to 12 weeks leave and any pay, if eligible, if a child is receiving neonatal care. 4. BACKGROUND AND CONTEXT 4.1 The Council’s employment policy framework is reviewed regularly to ensure it remains up-to-date in terms of legislative requirements, good practice and operational relevance. 4.2 This year continued the previously agreed approach that due to continuing service pressures policy work would be taken forward on a minimal basis with only essential amendments or developments being undertaken. Policies are reviewed initially through a desk-top exercise to establish the level of review required: minimal for essential updates, mid-level for more in-depth amendments or full where a change of approach is being considered. 4.3 4.4 4.5 The policies referred to in this report have been reviewed as set out below and summary reviews are also attached for reference (Appendices 1 – 3). The revised policies are available on the elected members’ portal. Based on the desk top reviews referred to above, work required on policies for review was categorised as minimal for essential updates. Table 1 sets out the main amendments to the policies under review: Policy Name Description Fire Safety Policy • The policy has been updated to take due consideration and comply with the Scottish Fire and Rescue Service approach to dealing with automatic fire alarm signals. • Confirmed the duties of the site responsible person • Introduced an Annual Fire Safety check for all premises in accordance with best practice and a risk assessed approach Item 10. Page 110
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Politically Restricted Posts Policy • review language to ensure can be easily understood and readable. • Provide further clarity by adding information on arrangements for those standing for election, employment of former members of a local authority and arrangements for exemption and directions for inclusion information/guidance. • Clarified responsibilities and frequency of review for maintaining PRPs. • Clarified how employees will be notified of the designation including any removals from the list of PRPs. • Update format of document to reflect current policy format. • Add hyperlinks for ease of navigation Addendum to Maternity Leave, Paternity/Maternity/ Adoption Support Policy and Adoption, Surrogacy and Kinship Care Leave Policy Maternity Leave (Teachers) An addendum has been added to each policy to accommodate the new neonatal statutory leave and pay entitlement, which is provided on top of other parental entitlements. Employees will receive a day one right to 12 weeks leave if their child is receiving neonatal care and in addition where they have 26 weeks service or more have the right to neonatal care pay. 4.6 Policies scheduled for review in 2025 - 26 The number of policies being reviewed reflect current capacity. Policy reviews, as referenced at Corporate Committee on 25 April 2023, have moved to a 5-year rolling review programme which allows for the current employment policies to be subject to a regular and timely review. However, it should be noted that where impending legislation or operational demands require earlier reviews, these will be scheduled accordingly to ensure compliance and service delivery is maintained. However, it should be highlighted that due to the impact of the pandemic and current resources/capacity, we remain in a transitional period to align all policies onto the 5 year rolling programme. A prioritisation based approach and plan is in place to bring all employment policies in line within this review framework. Item 10. Page 111
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4.7 The following policies have been reviewed during 2024/25 but further work is needed to finalise the approach to be taken and amendments required so these will be carried forward into 2025/26 with an earlier completion date of September 2025 if possible: • Whistleblowing Policy • Recruitment and Selection Policy • Computer Use Policy • Equality and Diversity Policy • Time Off In Lieu Policy 4.8 4.9 Additionally, the following policies will be scheduled for review during 2025/26, with these policies, following the normal review period and presented for approval in April 2026: • Health and Safety Policy development continues in accordance with the approach outlined in the Health and Safety Annual Report and Action Plan. • Disability Leave (addendum to the Special Leave Policy) • Code of Conduct Should capacity emerge during 2025/26 the following policies will also be reviewed: • Fixed Term and Temporary Contracts Policy • Mental Health and Wellbeing Policy • Grievance Policy • Training Policy 5. PROPOSALS 5.1 Each year the Council’s employment policy framework is reviewed to ensure that the policies remain up to date and relevant based on the priorities within the Corporate Workforce Plan and the strategic direction of the Council. The policies referred to in this report ensure that the 2024-25 review has been undertaken in accordance with these priorities 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x X Staffing X Best Value and Transformation X Property X Item 10. Page 112
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Information Communications Technology/Digital XX Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Effective employment policies are essential to delivering effective services and ensure compliance with legislation, best practice and council requirements that support improvements through Best Value, and will better enable the Council to fulfil the ambitions set out in it's strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal The Council is required to deliver legally compliant people policies that allow the organisation to operate within the legal framework. 6.4 Financial There are potentially minimal financial implications arising from the content of this report arising from the addendum to the Special Leave Policy depending on the number of employees that may be eligible for paid special leave for neo natal care It is anticipated that numbers will be low and may not lead to annually recurring costs. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Item 10. Page 113
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Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk There are no risk implications arising from this report other than those set out within the body of the report relating to the requirement to comply with legislation. 6.6 Staffing There are no staffing implications arising from this report. 6.7 Best Value and Transformation There are no best value and transformation impacts arising from this report. 6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital There are no implications arising from this report 6.10 Equalities, Social Inclusion and Economic Impact The SLP aims to support the equalities/socio economic implications arising from this report. By updating the Special Leave Policy to include the Neo natal parental entitlements the Council is ensuring equality of access to the additional parental entitlements arising from the Neonatal Care (Leave and Pay) Act 2024. 6.11 Climate Change, Biodiversity and Sustainability Impacts There are no climate change or biodiversity impacts arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of HR, ICT and OD, OD Manager and the Personnel Forum and views of managers have been incorporated into the policy updates. The policies have been discussed and developed with the Policy Forum with Trade Union representatives for Scottish Joint Council, Craft Operatives and Teachers and any comments made have been incorporated into the report. The report has also been presented to CMT for their review and comment which have also been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Appendix 1 – Fire Safety Policy Summary Appendix 2 – Politically Restricted Posts Policy Summary Item 10. Page 114
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Appendix 3 – Additions to Maternity Leave Policy, Paternity, Maternity and Adoption Leave Policy and Adoption, Surrogacy and Kinship Care Leave Policy. Maternity Leave for Teaching Staff. Item 10. Page 115
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Appendix 1 Fire Safety Policy Summary Fire Safety Policy Background The Fire Safety Policy has been reviewed to enhance its use, application and effectiveness in outlining responsibilities as regards Fire Safety. The policy offers the measures to be taken to protect premises and their occupants from the effects of fire. The Scottish Fire and Rescue Service (SFRS) have changed their approach to dealing with Automatic fire alarm signals and the Council’s Corporate Fire Safety Policy required to be updated to take this into consideration and ensure compliance. The main legislation associated with this policy is: Fire (Scotland) Act 2005 The Health and Safety at Work etc Act 1974 The Equality Act 2010 Fire (Scotland) Regulations 2006 The Management of Health and Safety at Work Regulations 1999 Findings The Fire Safety Policy is in line with neighbouring local authorities however not with best practice, and there is scope to further enhance its use and effectiveness in the workplace. Suggested amendments/additions to the Fire Safety Policy include: • Scottish Fire & Rescue Service (SFRS) approach to dealing with Unwanted Fire Alarm Signals (UFAS) and impact on the council’s arrangements. Note: The Fire Service no longer attend premises unless a fire is actually confirmed from the site. • Confirmation of the duties of the site responsible person/ Role of premises Duty Holder Requirements updated to accommodate the above. • Improve monitoring arrangements via the introduction of an Annual Fire safety Check for all sites It was recommended that a low level review of the Fire Safety Policy be completed. Implications With the introduction of the changes recommended above the policy will be legislatively compliant and demonstrate good practice whilst also reducing risk to the council. Item 10. Page 116
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Summary It is proposed the suggested amendments/additions above are incorporated into the revised policy. Item 10. Page 117
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Appendix 2 Politically Restricted Posts Policy Summary POLITICALLY RESTRICTED POSTS POLICY Background The Politically Restricted Posts Policy has been reviewed to enhance its use, application and effectiveness in defining which staff employed by the Moray Council are Politically Restricted. The policy offers information and guidance on which posts have restrictions in relation to their political activities. The main legislation associated with this policy is: The principal legislation governing politically restricted posts is the Local Government and Housing Act 1989 (c.42) and the relevant sections are 1, 2 and 3. Within these sections reference, relevant to Scotland, is made to the following Acts: • House of Commons Disqualification Act 1975 (c.24); • Local Government (Scotland) Act 1973 (c.65) (as amended by the Local Government (Access to Information) Act 1985 (c.43); as amended Local Government • Fire Services Act 1947 (c.41) (now largely repealed by the Fire (Scotland) Act 2005 (2005 asp 5); and • Social Work (Scotland) Act 1968 (c.49). NB: The last two references in the list above are solely in respect of the definition and title of a Statutory Chief Officer. LGPREAS Guidance for Local Authorities 2016 provides support in the identification of Politically Restricted Posts within the authority. Findings Research and benchmarking has been carried out against other Scottish Councils and LGPREAS Guidance for Local Authorities as per previous section. In summary, the Politically Restricted Posts Policy is in line with neighbouring local authorities and best practice, however there is scope to further enhance its use and effectiveness in the workplace. Amendments/additions to the Politically Restricted Posts Policy include: • Remove guidance document as it a repeat of the policy. • Policy content: reviewed language to ensure can be easily understood and readable. Item 10. Page 118
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• Provided further clarity by adding information on arrangements for those standing for election (indicating priority to considering the situation of any post holder who indicates an intention to stand as a candidate in forthcoming election), employment of former members of a local authority and arrangements for exemption and directions for inclusion information/guidance. • Clarified responsibilities and frequency of review for maintaining PRPs. Considered how to capture new posts or redesignated posts into the review. • Clarified how employees will be notified of the designation including any removals from the list of PRPs. • Review of list of posts and rationale for decision reviewed • Updated format of document to reflect current policy format. • Added hyperlinks for ease of navigation • HR Guidance on supporting processes reviewed It was recommended that a low level review of the Politically Restricted Posts Policy was completed. Implications The above revisions ensure that we are compliant with best practice and guidance and ensure guidance is available to maintain the policy moving forward. Summary It is proposed that the suggested amendments/additions above are incorporated into the revised policy. Item 10. Page 119
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Appendix 3 Overview of the additions to Maternity Leave, Paternity, Maternity and Adoption Support Policy, and Adoption, Surrogacy and Kinship Care Leave Policy and Maternity Leave for Teaching Staff. Amendments to Maternity Leave Policy, Paternity, Maternity and Adoption Support, Adoption, Surrogacy and Kinship Care Leave Policy and Maternity Leave for Teaching Staff Background As a result of new legislation, Neonatal Care (Leave and Pay) Act 2023 which comes into force from 6April 2025, there is a requirement to update the Maternity Policy, and the Paternity, Maternity and Adoption Support Policy to accommodate the new provision of the new statutory provision. The new law applies to parents in England, Scotland, and Wales The new legislation provides a day one right for employees, giving up to 12 weeks additional neonatal care leave and where eligible pay (subject to meeting qualifying criteria). This equates to one week for every week the child spends in neonatal care, on top of other parental entitlements such as maternity or paternity leave, for all parents who have babies born on or after 6 April 2025. Findings Research has been carried out to fully understand the implications arising from the legislation and the following amendments/ additions are recommended for inclusion in the Maternity Policy and Paternity, Maternity and Adoption Support Policy: Maternity Policy: • To reference inclusion of neonatal care within the title of the Policy • To reference neonatal care throughout the policy as required to promote provision • To add a section on Neonatal Care provisions outlining the purpose, scope and eligibility to leave and pay. • To provide definition of Neonatal Care • To update reference to Personnel Services to HR Department • To update reference to Payments to Payroll section. Paternity, Maternity and Adoption Support Policy: • To reference inclusion of neonatal care within the title of the Policy Item 10. Page 120
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• To reference neonatal care throughout the policy as required to promote provision • To add a section on Neonatal Care provisions outlining the purpose, scope and eligibility to leave and pay and link back to the Maternity Policy to provide all the information. Adoption, Surrogacy and Kinship Care leave Policy • To reference inclusion of neonatal care within the title of the Policy • To reference neonatal care throughout the policy as required to promote provision • To add a section on Neonatal Care provisions outlining the purpose, scope and eligibility to leave and pay and link back to the Maternity Policy to provide all the information. Maternity Leave Teachers • To reference inclusion of neonatal care within the title of the Policy • To add a section on Neonatal Care provisions outlining the purpose, scope and eligibility to leave and pay. It is therefore recommended that a low level review of the above policies is completed. Implications The above changes would ensure that we are compliant with legislation. Summary It is proposed that the suggested amendments/additions above are incorporated into the revised policy. Item 10. Page 121
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Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: HR001/25/KRM/KRM Author: Organisational Development Manager Contact Email: hr@moray.gov.uk Subject: Health and Safety Annual Report 2024 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and note the annual Health and Safety report along with progress outlined and approve proposed future actions. 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. SUMMARY 2.1 As part of the Council’s arrangements for ensuring the safety of employees and others who may be affected by its actions in accordance with the Health and Safety at Work etc Act 1974, the annual report is provided for 2024, summarising the Council’s Health and Safety performance corporately, based on statistics for the period 1 January 2024 to 31 December 2024. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: Item 11. Page 123
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i) Consider and note the content of the annual health and safety report, as outlined in Appendix 1 and the progress towards the outcomes established in the last report; and ii) Approve the proposed future actions for 2025. Author Name: Katrina McGillivray Job Title: Organisational Development Manager 4. BACKGROUND AND CONTEXT 4.1 The following outlines the main elements required of the Council to ensure the safety of employees and others who may be affected by its actions: • Making plain the organisation’s commitment to have good standards of health and safety management; • Defining the roles that people at all levels play in ensuring the good standards are maintained; • Having systems in place to ensure awareness of hazards and assessment of risks to employees, customers, partners and others who may be affected by our activities; • Having in place effective arrangements to eliminate or control those risks; • Monitoring the system in place and reviewing it on an ongoing basis; • Providing access to health and safety advice and support; • Engagement with employees at all stages of the process to ensure adequacy. 4.2 The annual report on corporate health and safety provision within the Council supports this approach. 4.3 Reporting is also in place at a service level. Harbour incidents are reported quarterly and annually to Economic Development and Infrastructure Services Committee as part of the reporting on Marine Safety. Violence and Aggression in Schools is the subject of separate reporting to Education, Children’s and Leisure Services Committee and to the Community Planning Board. 5. PROPOSALS 5.1 There is a slight increase in incidents reported and work continues on a targeted basis to reduce the overall number of incidents. 5.2 Violence and Aggression continues to be a concern, with an increase in incidents in a Supported Accommodation facility and a slight decrease in incidents in Schools and work is continuing to support the implementation of the agreed planned programme of work as well as taking forward actions arising from the discussions with trades union representatives and front line staff in Schools. Item 11. Page 124
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5.3 The actions outlined in section 6 of the Annual Report 2024 continue to build on progress made to date and further develop key areas identified. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal The Council has a statutory duty to ensure the health and safety of staff and service users. An annual report is an effective method of recognising achievement, progress made and highlighting opportunities for further improvement. Item 11. Page 125
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6.4 Financial There are no financial implications arising directly from this report. Accidents can have implications for Council resources and may result in losses that are difficult to quantify. In addition, there may be financial implications from claims lodged by employees and third parties relating to injuries sustained and/or losses incurred as a result of accidents and incidents. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk Health and Safety is included within all levels of the Council’s risk register. There is a risk of claims from employees and third parties arising from accidents and incidents and in 2024, there were 2 such claims, dealt with in accordance with the Council’s insurance provisions. This provides a baseline from which trends will be tracked going forward. Risks are monitored through Departmental Health and Safety Forums and can be escalated to the Central Health and Safety Committee as appropriate. 6.6 Staffing Staff time is required to implement the actions set out in the report. This will be accommodated within existing resources by adjusting priorities to be worked on. 6.7 Best Value and Transformation None 6.8 Property None 6.9 Information Communications/Technology/Digital Continued ICT support is required to support the revised incident reporting system. 6.10 Equalities, Social Inclusion and Economic Impact None 6.11 Climate Change and Biodiversity Impacts None Item 11. Page 126
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7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of HR, ICT and OD, the Head of Education, CMT, ECMT, Central Health and Safety Committee and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 None Item 11. Page 127
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APPENDIX 1 MORAY COUNCIL HEALTH AND SAFETY ANNUAL REPORT (January 2024 to December 2024) 1 Purpose 1.1 The purpose of this report is to provide information on the performance of the Council in ensuring the health and safety of the workforce and service users. This is done through the utilisation of monitoring data and includes recommendations for improvements required to procedures and/or systems. 1.2 The national context for similar organisations on incidents and enforcement action is also considered for the purposes of shared learning. 2 Summary of Key Themes 2.1 Good progress on the priorities identified in the 2023 report has been made, including a continued focus on updating Policy and Guidance documents across a wide variety of key health and safety topics, these include an updated and refreshed Fire Safety policy, Corporate Hot Works Policy and a Radon Management Policy. Fire risk assessment continues to feature heavily, with a risk based, planned programme of work providing an important framework, particularly in ensuring that any outstanding fire risk assessments were scheduled and completed. All Moray Council premises now have an up-to-date Fire Risk Assessment in place and reviews and reassessment are being undertaken in a timely manner. 2.2 Systems, process and format improvement has continued to be a key focus in 2024 with considerable work undertaken on a range of guidance documents that have been reviewed and updated. This includes updated guidance on risk assessment for Head Teachers which is currently going through the consultation process; updated Personal Emergency Evacuation Plan guidance; updated Stress Risk Assessment form and guidance. A new moving and handling policy has been drafted, which is required to participate in the Scottish Manual Handling Passport Scheme and is currently proceeding through the agreed employment policy framework. Progress with the development of Electronic Incident reporting has been made with the planned rollout completed for Environmental & Commercial Services and some services within Housing & Property from March 2024. The rollout will continue with other services during 2025 supported by updated reporting guidance. The introduction of this system supports improved efficiency, reducing the time required for manual entry of data. Further work to develop bespoke arrangements to support Education Services will be taken forward in collaboration with ICT. Item 11. Page 128
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The implementation of the Employee Protection Marker System, which is a premises based marker system, will begin within Housing & Property Services initially and other affected services in early 2025. Representatives across these services will be involved in the implementation ensuring that all arrangements are in place for the relevant and appropriate sharing of data. An electronic means of sharing this information has been set aside for the moment as no suitable solution could be found. 2.3 Health and Safety Culture continues to be an important theme with actions and interventions implemented on a targeted basis as required and more generally through embedding messaging and communication through the existing framework, supported by Comms and OD colleagues as appropriate to requirements. 2.4 Incidents caused by human error continue to occur with work continuing to eliminate the underlying causes through monitoring of service training plans and site inspections to ensure that adequate training, clear procedures, adequate supervision and effective communications are in place. This enables the ongoing targeting of resources to service areas with the highest rates of relevant incidents. With organisational development support, improvements in embedding health and safety awareness into the workforce continues. Health & Safety issues feature prominently in the communications framework including, for example, regular bulletins and articles providing information to help improve the safety culture within the organisation. In addition, OD provide support and advice on relevant and appropriate training that may be required. 2.5 Violence and Aggression in schools continues to be a major theme with the Action Plan, led by the Head of Education being implemented to support improvements in terms of staff and service user health and safety. Work is continuing nationally to obtain a deeper understanding of the challenges faced by schools and identify what policies and guidance could support more positive behaviours. At a local level, it is recognised that Violence and Aggression and the impact this has on staff is of concern and it is noted that the national trend is mirrored in Moray. In addition, the majority of incidents involve a relatively small number of pupils. There has been a change in approach within Educational settings towards using the CALM theory to understand, support and prevent behaviours that challenge away from the BSS (Behavioural Support Strategies) framework that has been in place for a number of years. The CALM approach is considered to be more appropriate for use within Educational settings. Concern for the welfare of employees is of paramount importance, and it is encouraging that the shared aim of improved reporting and better insight into the data is possible given the improvements made to the reporting of incidents. Potential improvements are being considered collaboratively with representatives from senior leaders in Education, trade unions, front line staff in school, HR and Health and Safety working together through a series of regular meetings. Item 11. Page 129
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The service had a strategic focus on inclusion and inclusive practice during the course of session 2023/24 working in partnership with Education Scotland to deliver training and review approaches to ensure senior leaders and staff are skilled in supporting all learners. Through consultation with senior leaders and staff, training, linked to the Staged Intervention model of supporting learners was agreed and rolled out to further upskill staff in supporting learners with a wide range of needs i.e. • Getting it right for Every Child (GIRFEC) training to include Child Protection, Wellbeing indicators, UNCRC, and the Promise • Relationships: the Foundation for Solution Oriented Practice • Trauma Informed Practice • Supporting Neurodiversity through developing understanding • CIRCLE (implementing inclusive classrooms/spaces) In addition bespoke training was rolled out for all support staff with induction training delivered for newly appointed staff. Furthermore a change management within the Moray SEBN service saw the review of central ASN services with new Moray Adapted Curriculum, reviewed Pinefield Parc and Flexible Learning Resources being implemented all with the view to better meeting the wide range of needs. The service continues to work with partners to seek support for learners and their families whilst an effective working group with representatives from each professional association, is working to better understand the Violence and Aggression data and support for individual schools and staff. The service is also involved in the work being taken forward through the Community Planning Board to address the issues and barriers in terms of the cross-cutting areas of concern, including increased links with the Community Safety Team and Youth Work. In addition, consideration is being given to partnership work with representatives of statutory services, using data to target partner resources according to prioritised need. Education establishments remain a priority for partner action. 2.6 Incidents of work-related violence have decreased slightly across all Council service areas in 2024 with the exception of the Supported Accommodation service. A training module on how to deal with challenging behaviour was produced during 2023 by Organisational Development colleagues and training delivered to front line services via the online learning platform and face to face training sessions where required. Since the delivery of this training, numbers of reported incidents of work-related violence have reduced within the particular services involved. 3 Review and Monitoring of Council Performance Item 11. Page 130
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3.1 Statistical Review 3.1.1 Appendix A sets out the analysis of health and safety incidents that were reported during the year January – December 2024, with comparison to previous years’ performance. 3.1.2 The main points to note are: a) The number of incidents reported in 2024 was 184, up by 5% when compared to 2023 (176 incidents), this is down 38% (114 incidents less) when compared with 2019. Incident trends within services will continue to be monitored to ensure targeted support is provided where required. b) Following the same trend as in 2023, Education has the most reported incidents, followed by Environmental and Commercial Services, then Housing and Property, followed by Health & Social Care. c) The decrease in proportion of Dangerous Occurrences is due to a change in reporting requirements, where minor vehicle accidents are only reported to the Health and Safety team where there is an actual injury, or the incident was as a result of a reversing incident. Otherwise, where there is minor vehicle damage, reporting is to Fleet Services only. This ensures more accurate data reporting and removes any double counting of incidents. d) Slips, Trips and Falls continue to be the top cause of accidents across the Council, accounting for 31% of incidents and is the most common cause of incidents within Environmental & Commercial Services and Housing and Property. e) Violence and aggression involving staff continues to be a significant area of concern. There were 3575 incidents in 2024, which is a decrease of 3% (121) on the 2023 figure. The majority of these incidents were recorded in Education, referred to in more detail in paragraph 3.3.6. The number of incidents within a Primary, Secondary school and ELC setting in 2024 was 3095, a decrease of 7% (232 incidents less) compared to 2023. f) During 2024, a Supported Accommodation Facility reported 462 Violence & Aggression incidents, up from 332 in 2023 (up 39%). Throughout 2024, staff have continued to make use of Positive Behaviour Support (PBS) strategies however they have faced some challenging behaviour. The needs of service users have been closely monitored and where needed modifications made to help reduce anxieties. Longer term, work is ongoing to secure more suitable support for some service users. g) Elsewhere in the Council, 18 incidents of Work-Related Violence were reported, down from 37 in 2023. Many of the 16 incidents recorded in 2023 within Governance, relate to a single member of public sending malicious communications via email. This issue has now been addressed which would explain the fall in total recorded incidents on the corporate database. Item 11. Page 131
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h) Work on the incident reporting processes for both workplace incidents and incidents involving violence and aggression has progressed significantly supporting improvement in the reporting of data and its analysis. The new electronic incident report form for the reporting of Corporate Incidents was launched in Environmental & Commercial services in March 2024. i) Quarterly and annual reporting on harbour incidents to the Economic Development and Infrastructure Committee indicates that whilst incidents are low, there has been a slight increase since 2023. Monitoring of any underlying factors is continuing along with identification of lessons learned and any actions required, arising from the investigation of the incidents, have been implemented. Incidents recorded in 2024 (10) included three pollution incidents, three unexploded ordinance incidents, three incidents involving Commercial vessels striking a pier and one slipping incident. All incidents were different in nature and no common factors were evident. 3.2 Summary of issues arising from Incidents/Accidents/Interventions 3.2.1 The following summarises some of the main issues arising from incidents and accidents to illustrate the nature and range of risks the council has faced and to inform decisions on improvements for the future with appropriate remedial actions. 1. Violence and Aggression continues to feature heavily, and appropriate actions and interventions are being addressed through the measures outlined at para 3.3.6 2. A visit to a waste recycling centre by the Health & Safety Executive (HSE) lead to improvements being required to the traffic management at the site. This inspection emphasised the importance of adequate separation of pedestrians and vehicles and the design of traffic routes to enable safe operation of public use sites. Works were undertaken at this site involving Management from the Waste service with advice from the H&S team. The learning opportunities have been used to ensure public safety and safe operating conditions at other recycling points within Moray. 3. As hybrid working / office relocation continues within the Council, there continues to be calls for assistance with workstation and display screen equipment (DSE) issues but most of these tend to be related to ongoing health matters rather than problems transitioning to hybrid working / office relocation. This does serve as a reminder that all affected employees should carry out a self-assessment of their workstation to ensure any problems can be identified, discussed with their line manager and resolved. 3.3 Review of Progress Item 11. Page 132
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3.3.1 Health and Safety activity is set out in the annual action plan and then monitored through the council’s performance management framework via the service plan and a more detailed workforce plan. 3.3.2 The following outlines the progress that has been made in addressing action areas established in the 2023 Health and Safety Annual report. 3.3.3 Accident/Incident: a) Audit high risk services or issues (Continue with programme of audits in accordance with the timescales for completion according to prioritisation in order of importance.) Audits have been carried out by the H&S team in Catering Services and Roads Maintenance to ensure the documentation being used was suitable and sufficient for the tasks carried out. The audits have led to reviewed and refreshed H&S handbooks being provided to staff by the services as well as updated risk assessments and procedures. Of note is the increase of incidents being reported within Catering Services between 2023 and 2024; whilst further analysis is required, it appears that the use of the electronic incident report form and the guidance which accompanied the implementation has highlighted the need to report all incidents regardless of whether time off work was required. An audit of safety and security has been undertaken by the Compliance team within ELC settings (nurseries), which has led to improvements in security at ELC settings with advice given by the central Health and Safety team on completing Security risk assessments and advisory visits undertaken where requested. An audit was undertaken into Radiation Sources within schools, this highlighted the requirement for each school to have trained staff in place to manage to sources and all schools have now enrolled the necessary staff members on the Radiation Protection course run by SSERC. b) Monitor the implementation of Driving Safely Policy and guidance within targeted services Routine monitoring is in place through Departmental Health and Safety Forums and any actions required as a result are managed through this process. c) Produce updated Accident / Incident investigation guidance (as part of launch of the changed incident reporting system) Updated Accident / Incident investigation guidance has been produced and will be issued in co-ordination with and as part of the launch of the new electronic report form. 3.3.4 Implement changes to the Incident Reporting System including launch and communications across the organisation. Item 11. Page 133
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Good progress has been made with a review of the incident reporting process, including the development of an electronic form. The form has been in use within Environmental & Commercial Services since March 2024 and has been well received by users. The further roll out of this form to other services will take place in March 2025. The electronic recording system for Violence & Aggression in Education has now been in place for over two years and any feedback from users on this system has been taken into consideration when finalising the corporate systems. 3.3.5 Implement changes to Safety Management System: The Corporate Fire Safety Policy has been reviewed with a revised Policy and supporting guidance being presented to Corporate Committee in April 2025. A Corporate Hot Works Policy along with associated guidance has been agreed and implemented within affected services. A Corporate Radon Management Policy along with associated procedures has been agreed and implemented within affected services. The review of the Health and Safety Policy is referenced below under review of Safety management System. 3.3.6 Violence and Aggression – continue to support the work required in accordance with the priorities identified by Head of Education. Work is continuing to support the implementation of identified priorities in this area. The ASN Management Group continues to review V&A incidents and resources are directed to provide support in schools where there is a developing trend that causes concern. The ASN Management Group includes officers from across Education and Education Resources & Communities. Reference is also made to the report on Behaviour in Schools which was considered at the Education, Children’s and Leisure Services Committee on the 20 February 2024, outlining the range of interventions across schools and the work being taken forward on a wider multi-agency children’s services partnership basis on short, medium and long term actions. A working group has been set up with participation from HR, Trades Union representatives, Education leadership staff and staff from schools at all levels. This working group has held a number of meetings to look at control measures in place and to discuss the best way of reducing incidences of V&A within schools. The working group continues to meet on a regular basis, with a view to agreeing a set of actions, informed both by the statistics on incidents and the experiences of front line staff, that are relevant and appropriate at a local level. 3.3.7 Fire Risk Assessments: Continue to implement the fire risk assessment rolling programme. Item 11. Page 134
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Progress with the implementation of the refreshed rolling programme, which uses a risk based priority approach for fire risk assessment has been good. An increased number of Fire Risk Assessments has been carried out than originally planned for and the rolling register is now up to date. The Health and Safety Team will continue to undertake the required assessments according to the priority attributed to them. 3.3.8 Risk Assessment: Develop online training package. Significant work has been carried out with Education Services in particular, and risk assessment guidance for Head Teachers has been produced. This is progressing through the required consultation processes. Work is continuing on developing an appropriate training package, including a blended learning approach as appropriate to the target audiences. 3.3.10 Inspection: Continue to monitor Joint Inspection programme. A number of inspections have taken place over in 2024 within depots and work is ongoing in liaison with Education Services to identify how inspections in schools can be supported. The Programme continues to be monitored at a service level through the Departmental Health and Safety Forums. 3.3.11 Risk Management: work with Organisational Development colleagues to implement measures in targeted areas with high or increasing incident reports. Work continues with OD colleagues, to ensure that the messaging on health and safety culture is embedded within services and that appropriate interventions are in place on a targeted basis, including, for example access to training required. Further work on behavioural safety and links with other work outlined in the plan for 2025, such as better incident reporting, incident investigation training package, risk assessment online training packages will be developed. 3.3.12 Further development of the approach and guidance on employee protection markers was progressed in 2024 in liaison with other Local Authorities and services most affected, ready for implementation in the early part of 2025. 3.3.13 High level review of Safety Management System and identification of priorities for the revision of policies, ensuring availability of up to date resources for managers. The Health & Safety Policy for the organisation contains all the arrangements that the Council has in place to manage Health & Safety and consists of a large collection of supporting policies, procedures and guidance on the range of areas that require to be managed. These form the basis of the Corporate Health & Safety management system. Due to the range and complexity of these various areas, and the documents in place to support these, the Policy/ Procedures are being reviewed in stages with priority given to those areas that have been assessed as higher risk. Item 11. Page 135
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An index of all related Health & Safety documents, policies, procedures, guidance and forms has been collated and will be used to chart progress during the review period. Priority areas have been identified and for 2025, this includes the continued review of the Health and Safety Policy. Audits are planned for Care at Home and Education to ensure compliance with current standards and regulations. Hand Arm Vibration (HAVS) audits will be conducted within Services that use hand held powered equipment, to ensure the Council is meeting the obligations set out within the regulations. An online risk assessment training module will be developed to aid the provision of risk assessment training across the Council. 4 Benchmarking and National Developments 4.1 Annual Incident Rate (AIR) figures based on RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) incidents for 2024 is 2.41 for Moray Council based on the number of Full Time Equivalent employee numbers. In comparison, the AIR figures for 2023 were 1.58, 2022 were 1.12, 2020 were 1.42 and 2019 3.17. Benchmarking with other local Councils indicates that, the AIR for Moray Council is similar or slightly lower than the returned rate from members of the North of Scotland Health & Safety Liaison Group (anonymised): Moray 2.41, LA1 1.55, LA2 2.71, LA3 2.75, and LA4 3.1 4.2 The incident rate for 2024 is up slightly in comparison with previous years. Figures available from the HSE for all UK employers in 2024 show a similar trend, though comparing the Council with HSE data is difficult as the HSE figures are generally sector based, whereas the Council is a multi-sector organisation. 4.3 A list of the top 10 prosecutions for health and safety breaches in 2024 has been provided by Safety and Health Practitioner Magazine. These show a continuation of the trend for very high fines for poor health and safety, ranging from £1m for a logistics company due to the serious injury of an employee who fell from height to £3.2M for National Grid after a worker sustained serious burns. The highest fine for H&S breaches in 2024 is £3.2 million. All fines in the top ten are over £1 Million. Item 11. Page 136
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Within the Top Ten is a £2.15 million fine for the death of a worker in the Waste industry, the worker was struck by a loading shovel which highlights the importance of the separation of pedestrians and vehicles in all workplaces, Within other Local Authorities, Cheshire East Council was fined £500K for not having a Tree Management Strategy in place, the HSE investigation followed a fatality where a member of the public was struck by a falling limb. An approved Moray Council tree management strategy is currently part of the Environmental & Commercial Services service plan for 2025, with tree surveys having commenced within Council parks. Fife Council was fined £100K for failure to provide adequate training for staff after a service user choked after being given inappropriate food which did not comply with a diet plan. East Dunbartonshire Council was fined £36K for not having a suitable and sufficient risk assessment in place for stripping lead paint which is in breach of the Control of Lead Regulations. West Sussex County Council was fined £16K for failure to provide adequate training to employees using woodworking equipment. 5 Conclusions and Proposed Developments 5.1 There has been a slight increase in reported incidents in 2024; a slight decrease in violence and aggression incidents in Education and a significant increase in these type of incidents in a Supported Accommodation facility.. 5.2 Overall, in general terms there are no significant concerns highlighted as regards the Council’s Health and Safety performance. The risks that have been identified are being appropriately managed, with plans in place to progress with addressing the concerns, including particular measures relevant to the supported accommodation facility. 5.3 Continued progress has been made on the issues reported on last year, including risk assessment for schools, health and safety culture as well as work that was not planned for in the 2023 report, including a new Moving & Handling Policy which is required for registration to the Scottish Manual Handling Passport Scheme. Work will continue on the areas identified in accordance with the plans in place which will be the subject of continual review, taking account of any competing priorities and demands. 5.4 Monitoring and audit work will continue particularly in relation to Work Related Violence. Concerns regarding Violence and Aggression continue to be managed and addressed through a planned approach within the services where these types of incidents are most prevalent, supported by the Health and Safety Team as appropriate. There is significant work underway in the Education service along with interventions across schools and continuing work on a multi-agency partnership basis. The relationship between the implementation of the revised Violence and Aggression Action plan within Education with the statistics on WRV in schools will be explored in further detail. However, it is noted that the number of reported incidents has reduced for 2024. In addition, the national context will continue to be monitored and any implications and changes required will be taken forward as appropriate. Item 11. Page 137
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5.5 Further monitoring of Reversing Incidents and Driver behaviour will continue in 2025 through the relevant Departmental Health and Safety Forums. 5.6 Important progress on revising guidance, systems and processes has been made with changes being implemented as required. The implementation of the Employee Protection Warning Marker system in particular is a key piece of work which will be implemented in 2025. 5.7 Work will also continue with the OD team in terms of utilising the range of tools and techniques available and the framework for communications to support managers in targeted areas to monitor and raise awareness amongst their teams, including appropriate use of training interventions. 6 Action Plan Actions Target for Completion Accident/Incident: Audit high risk services or issues Continue with programme of audits in accordance with the timescales for completion according to prioritisation in order of importance Quarterly review Continue roll out of changes to the Incident Reporting System. This has been completed within E&CS March 2025 Accident/Incident: Launch Accident / Incident investigation guidance (as part of the roll out of the changed incident reporting system) March 2025 Implement changes to Safety Management System: Review of Fire Safety Policy Review of Health & Safety Policy Corporate Committee 24/4/25 August 2025 Fire Risk Assessments: Continue to implement the fire risk assessment rolling programme Adhere to identified timescales for completion according to prioritisation in order of importance Quarterly review Violence and Aggression – continue to support the work required in accordance with the priorities identified by Head of Education In accordance with timescales outlined in the work on Violence and Aggression in Schools being taken forward by the Head of Education Risk Assessment: Develop online training package July 2025 Item 11. Page 138
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Inspection: Continue to monitor Joint Inspection programme Ongoing Risk Management: work with OD colleagues to implement measures in targeted areas with high or increasing incident reports Planned work to be implemented in order of priority over the course of 2025 Employee Protection Markers – Implementation of agreed approach March 2025 High level review of Safety Management System and identification of priorities for the revision of policies, ensuring availability of up to date resources for managers Ongoing with outline plan of work for first phase by June 2025 Item 11. Page 139
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Health & Safety Annual Report - Appendix A 2024 Item 11. Page 140
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Introduction The Health and Safety at Work etc Act 1974 requires employers protect the health, safety and welfare of all employees, clients, visitors and the general public. To ensure all work and operations are conducted in line with these regulations, Moray Council operates a Health & Safety management system based on a widely accepted model of Planning, Doing, Checking and Acting. To help with this, any incidents are logged and details used to identify where preventative and protective measures may be needed. This appendix provides an overview of recorded incidents during the period January to December 2024. Data on employee numbers is as at 31 August 2024 Health & Safety Incidents – Moray Council During 2024, 184 Health & Safety incidents were reported by Moray Council, an increase of 5% compared to 2023. Since 2021, incidents have remained relatively static with an average of 179 over the four years (Figure 1). Total employee number 5325. Figure 1: Over half of all incidents in 2024 were recorded by Education (94 incidents) (employee number 2231) with the remainder recorded across Environmental & Commercial Services (70) (employee number 993), Housing & Property (15) (employee number 334) and Health & Social Care (5) (employee number 1070). No incidents were recorded by Economic Growth & Development (employee number 119), Education & Resources, Governance (employee number 306), Strategy & Performance (employee number 118), HR, ICT and Organisational Development (employee number 92) or Finance (employee number 62). Item 11. Page 141
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RIDDOR Incidents (those falling under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) increased in 2024 to 9 (Figure 2). All occurred within Education and Environmental & Commercial Services and were caused by various issues (Table 1). Figure 2: Table 1: Anonymised data from the North of Scotland Health & Safety Liaison Group shows the incident rate for Moray has increased in 2024 however we remain the second lowest with a rate of 2.41 incidents per 1,000 FTE employees (Figure 3). Figure 3: RIDDOR Incidents - How was it caused? Education Environmental & Commercial Services Slip, trip or fall on the same level 2 1 Defective equipment/building 1 Exposed to a harmful substance 1 Hit by a vehicle 1 Hit by moving/falling/flying object 1 Manual Handling 1 Work Related 1 Item 11. Page 142
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Health & Safety Incidents – Education Incidents recorded by Education increased in 2024 by 17 (22%) to 94. 68 (72%) took place within a Secondary School setting (Figure 4). Figure 4: 73 incidents (78%) involved a school pupil. Those involving Employees/Contractors increased to 21 (22%) (Figure 5). Figure 5: Item 11. Page 143
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Incidents involving Employees/Contractors, were due to several different causes but in particular, an increase is noted with ‘Slip, trip or fall on the same level’ (Table 2). Item 11. Page 144
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Table 2: Overall, most incidents within Education during 2024 were classed as a ‘Minor Injury’ (Figure 6). ‘Slip, trip or fall on the same level’ and ‘Sport/Play’ were the most common cause (Table 3) with a ‘Minor wound e.g. a small cut or graze’ the most common injury (Table 4). Figure: 6: Education - Incidents involving Employees/Contractors 2020 2021 2022 2023 2024 Slip, trip or fall on the same level 14 12 3 4 11 Hit by moving/falling/flying object 4 2 2 Manual Handling 2 2 Sport/Play 1 2 1 1 2 Aggressive incident 1 2 1 1 Contact with machinery/material being machined 1 1 Contact with sharp object or tool 1 1 Defective equipment/building 1 3 1 Contact with electricity 1 1 Exposed to a harmful substance 1 Exposed to fire or explosion 1 Fall from a height 1 1 Hitting a fixed or stationary object 1 Other 1 Service User Action 1 Trapped by something collapsing/overturning/jamming/closing 1 Grand Total 23 22 13 8 21 Item 11. Page 145
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Table 3: Minor Injury - How Was it Caused Total Slip, trip or fall on the same level 21 Sport/Play 21 Defective equipment/building 4 Exposed to temperature extremes 3 Contact with sharp object or tool 3 Contact with machinery/material being machined 2 Hit by moving/falling/flying object 2 Manual Handling 2 Hitting a fixed or stationary object 1 Animal/Insect Bite 1 Aggressive incident 1 Exposed to a harmful substance 1 Exposed to fire or explosion 1 Total 63 Table 4: Minor Injury - What was the injury Total Minor wound e.g small cut, graze 16 Strain/sprain 14 Bruising 13 Minor burns/scalding 6 Serious wound eg deep cut 5 No significant injury 4 Back injury 2 Chipped tooth 1 Puncture type injury 1 Eye injury 1 Grand Total 63 Item 11. Page 146
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Health & Safety Incidents – Environmental & Commercial Services Incidents recorded by Environmental & Commercial Services during 2024 increased by 7 (11%) to 70. Notably, incidents within Waste Services fell from 21 to 9 while Catering incidents increased from 5 to 23 (Figure 7). Figure 7: The fall in reported incidents in Waste, refers to a drop in Dangerous Occurrences involving minor vehicle incidents which did not involve an injury or were not a reversing incident. Those minor accidents are now recorded by Fleet rather than Health & Safety as per HSE guidelines. Looking at Catering, incidents have increased in 2024 due to 6 main causes, in particular ‘Exposed to temperature extremes’ and ‘Contact with sharp object or tool’ (Table 5). These increases are likely due to the use of a new electronic incident reporting system which has highlighted the need to report all incidents regardless of whether time off was required. Table 5: Catering 2020 2021 2022 2023 2024 Slip, trip or fall on the same level 1 1 3 2 5 Exposed to temperature extremes 2 2 3 5 Contact with sharp object or tool 1 2 4 Hitting a fixed or stationary object 1 1 2 Trapped by something collapsing/overturning/jamming/closing 1 2 Contact with electricity 2 1 Manual Handling 1 1 Hit by moving/falling/flying object 2 Needlestick contact 1 Defective equipment/building 1 Grand Total 3 6 10 5 23 Item 11. Page 147
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Across Environmental & Commercial Services, the most common type of incident was ‘Minor Injury’ (Figure 8). ‘Slip, trip or fall on the same level’ was the most common cause of these incidents with ‘Bruising’ the most common injury (tables 6 and 7). Figure 8: Table 6: 16 incidents for Environmental and Commercial Services resulted in ‘Equipment or building damage’ (Figure 8). 15 were recorded by Open Spaces due to Grass Cutting/Strimming operations that led to flying debris damaging windows, cars or garden furniture. Care is taken when carrying out strimming operations, but the nature of the task makes it very difficult to add additional control measures. Minor Injury - How was it caused Total Slip, trip or fall on the same level 18 Hitting a fixed or stationary object 6 Hit by moving/falling/flying object 5 Exposed to temperature extremes 5 Contact with sharp object or tool 3 Defective equipment/building 2Trapped by something collapsing/overturning/jamming/closing 2 Manual Handling 2 Needlestick contact 1 Total 44 Table 7: Minor Injury - What was the injury Total Bruising 12 Strain/sprain 9 Minor wound e.g small cut, graze 9 Minor burns/scalding 6 No significant injury 5 Head injury 2 Back injury 1 Total 44 Item 11. Page 148
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Health & Safety Incidents - Housing & Property Housing & Property incidents fell during 2024 to 15. No members of the public were injured as a result of any incidents (Figure 9). Figure 9: ‘Minor Injury’ was the most common type of incident (Figure 10) with various causes and injuries recorded (Tables 8 and 9). Figure 10: Table 8: Minor Injury - How Was it Caused Total Contact with sharp object or tool 2 Slip, trip or fall on the same level 2 Animal/Insect Bite 2 Hitting a fixed or stationary object 1 Hit by moving/falling/flying object 1 Total 8 Table 9: Minor Injury - What was the injury Total Serious wound eg deep cut 2 Minor wound eg small cut or graze 1 Strain/sprain 1 Eye injury 1 Puncture type injury 1 Back injury 1 Insect bites 1 Total 8 Item 11. Page 149
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4 incidents for Housing & Property were categorised as a ‘Dangerous Occurrence’. Reasons and the injuries sustained are noted below (Tables 10 and 11). Table 10 Health & Safety Incidents - Health & Social Care During 2024, 5 incidents took place within Health & Social Care; all were recorded by the Care at Home Service and were categorised as ‘Minor Injury’. 2 were due to ‘Slip, trip or fall on the same level’ with the others due to ‘Manual Handling’, ‘Animal Bite’ and ‘Contact with sharp object or tool’. To help reduce incidents within Health & Social Care, all new Care at Home staff have attended Health & Safety awareness sessions. An audit of all Health & Safety documentation is also planned for 2025. Dangerous Occurrences - how was it caused Total Two vehicle collision 1 Trapped by something collapsing/overturning/jamming/closing 1 Hitting a fixed or stationary object 1 Needlestick contact 1 Total 4 Table 11: Dangerous Occurrences - What was the injury Total Equipment or building damage 2 Serious wound eg deep cut 1 Puncture type injury 1 Total 4 Item 11. Page 150
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Violence & Aggression Incidents – Moray Council In 2024, Violence & Aggression incidents recorded by Moray Council, declined by 121 (3%) to 3575 (Figure 11). Both Education and Corporately reported incidents fell however violence and aggression within the Supported Accommodation facility increased by 130 (39%). Figure 11: Violence & Aggression Incidents – Education Between January and December 2024, 3095 Violence & Aggression incidents were recorded by Education, a decrease of 232 (7%) from 2023. Incidents within a Nursery and Primary School setting both fell however Secondary Schools recorded an increase of 70 (15%) (Figure 12). Figure 12: Item 11. Page 151
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Due to the move to an online process for recording Violence and Aggression incidents within Education, reporting of incident types has changed with all categories of an incident included rather than just the main category of each. With 78% of incidents involving 2 or more incident types, a much larger number are now reported. For 2024, the 3095 recorded incidents covered a total of 10,712 incident types. Verbal Abuse/Threats was the most common occurring in 2098 incidents, followed by Physical Assault (No Weapon) and Antisocial/Disruptive Behaviour (Figure 13). Figure 13: The introduction of an online reporting form has made analysis of Violence & Aggression within Education easier and has allowed for targeted interventions to be undertaken. Mandatory training covering a trauma-based approach has been introduced and work is ongoing to develop the support provided to staff when dealing with challenging behaviour as part of improvement work around the Health & Wellbeing of employees. Violence & Aggression Incidents – Supported Accommodation During 2024, 462 Violence & Aggression incidents were recorded at the Supported Accommodation Facility; an increase of 130 incidents (39%) compared to 2023. Unfortunately, due to an issue with the system used (which is being investigated), reporting of the injuries sustained during these incidents is not currently available (Figure 14). Item 11. Page 152
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Figure 14: Throughout 2024, staff have continued to make use of Positive Behaviour Support (PBS) strategies while supporting 15 Service Users. Challenging behaviour has been evident, with 4 residents accounting for 300 incidents (65%), however the needs of service users has been closely monitored and if required, modifications made to help reduce anxieties. Longer term, work is ongoing to secure more suitable support for some service users. Violence & Aggression Incidents – Corporate Corporate Violence & Aggression incidents fell during 2024 (Figure 15). Less verbal abuse and disruptive behaviour has been reported while abusive emails (an issue for Governance Strategy & Performance in 2023) have ceased. (Figure 16). Figure 15: Figure 16: Item 11. Page 153
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Working Days Lost to Industrial Injury The number of working days lost to industrial injury can fluctuate considerably due to the varying circumstances. Often only one case can contribute to a significant increase. Working days lost have doubled during 2024 to 170. This covers 10 incidents, with 1 leading to a longer term absence (Figure 17). Figure 17: Item 11. Page 155
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Report to: Corporate Committee Meeting Date: 22 April 2025 Report by: Depute Chief Executive (Education, Communities and Organisational Development) Report No: GSP003/25/LM/AM Author: Louise Marshall Contact Email: performance@moray.gov.uk Subject: Local Government Benchmarking Framework 2023-24 Results 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to present a corporate overview of benchmarking performance data for the period 2023-24. 1.2 This report is submitted to Committee in terms of Section III A (4) of the Council’s Scheme of Administration relating to monitoring performance in accordance with the Council’s performance management framework. 2. SUMMARY 2.1 The Local Government Benchmarking Framework (LGBF) provides evidence of trends in how resources are allocated, performance of services and levels of customer satisfaction. 2.2 At the time of reporting, results have been published for eighty-three indicators. Two indicators are no longer collected locally. The remaining twenty-three results yet to be published cover attainment, children looked after, developmental milestones, attendance and exclusion, child protection, council dwellings energy efficiency, gross value added and carbon emissions. Item 12. Page 157
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2.3 An assessment of relative performance in recent years can be inferred to an extent in an improving trend up to 2020/21, followed by a drop off in 2021/22, thereafter the pace of recovery has slowed. The charts below show that in 2023/24, for indicators currently published (83), overall, there has been a slight drop in performance with indicator result values worsening to a greater margin (53%) than those that have improved (41%). 2.4 Assuming no significant change in rankings for the twenty-three indicators yet to be updated, overall, the position in terms of relative performance will remain similar to that of 2022/23. 2022/23 vs 2023/24 No change 5 indicators Not yet Results improved Results worsened N/A published1 34 indicators 44 indicators 23 indicators 3. RECOMMENDATIONS 30% 28% 28% 18% 23% 18% 17% 19% 24% 34% 22% 19% 28% 24% 27% 24% 28% 20% 25% 29% 20% 24% 27% 22% 22% 0% 20% 40% 60% 80% 100% 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 LGBF relative performance -national 1st quartile 2nd quartile 3rd quartile 4th quartile N/A 30% 30% 34% 22% 23% 20% 19% 10% 18% 32% 21% 15% 17% 22% 18% 18% 29% 21% 34% 39% 30% 28% 27% 23% 22% 0% 20% 40% 60% 80% 100% 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 LGBF relative performance -family 1st quartile 2nd quartile 3rd quartile 4th quartile N/A Item 12. Page 158
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3.1 It is recommended that Committee: i) scrutinise and note the Council’s performance in terms of a corporate overview of benchmarking results. Louise Marshall Strategy & Performance Manager 4. BACKGROUND AND CONTEXT 4.1 Local Government Benchmarking Framework (LGBF) data is refreshed throughout the year with the final data published in June that informs the National Benchmarking Overview Report. Results are gathered from national sources following annual data submissions and subject to extensive validation processes, a contributory factor to the time-lag in publication and reporting. A small number of results are supplied directly by local authorities. The full suite of benchmarking data can be viewed using the Improvement Service LGBF Dashboard. 4.2 Family Groups of councils were developed around the type of population that they service (e.g. relative deprivation and affluence) and the type of area in which they serve them (e.g. urban, semi-rural, and rural) to allow improvements to be identified and good practice shared. People Services Other Services Includes education, social work and housing. The benchmarking clubs are based on the average social context of the local authority population (using data from SIMD). Includes environmental services and culture/leisure services. The benchmarking clubs are based on the dispersion of the local authority population (using data for the Grant- Aided Expenditure indicator for population dispersion). Angus Argyll & Bute East Lothian Highland Midlothian Moray Scottish Borders Stirling East Ayrshire East Lothian Fife Moray North Ayrshire Perth & Kinross Stirling South Ayrshire 4.3 Results and commentary on benchmarking performance are included in Quarter 4 performance reports submitted to service committees in line with the Council’s performance management framework. 4.4 Caution is advised on making direct comparison between years due to significant impact of Covid-19 on results. Item 12. Page 159
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5. PROPOSALS 5.1 The national context presents a similar picture to that of Moray in the efforts and achievements delivered against an increasingly challenging backdrop and how sustained financial and workforce pressures have disrupted performance and efficiency improvements gained in previous years. 5.2 Despite challenges, good or improving performance is recognised in crisis grant decision timescales, older people receiving personal care at home, adult care inspectorate gradings, hospital re-admission rates, road condition, waste recycling rates, housing rent collection and repairs response times. Generally, indicator results across service areas are low in cost compared to other local authorities; however, this should be considered alongside performance and customer results. 5.3 Of the 106 results published, 23 results are placed in the lowest quartile (ranked 25th to 32nd), these will be scrutinised in relation to improvement by the relevant Service Committee as part of 2024-25 Quarter 4 Performance Reports submitted to the June cycle of meetings. Commentary on these indicators and the service plan actions undertaken throughout 2024/25 is included at Appendix 1. 5.4 Sixteen of the 23 indicators have featured in the lowest quartile over several years being: overall average tariff scores, average total tariff scores Scottish Index of Multiple Deprivation (SIMD) quintiles 2,3,4 and 5, P1, P4 and P7 pupils combined achieving expected levels in literacy and numeracy, funded early year provision grading. gender pay gap, teacher absence, operational building condition, cost of library visit, dwellings meeting Scottish Housing Quality Standards (SHQS), superfast broadband provision, ratio of financing costs and actual outturn. 5.5 Lowest quartile performance was reviewed by the senior management team to ensure planned work will secure improvement, particularly in the following Corporate Plan priority areas – • Improving attainment for all, a focus within the tackling poverty and inequality priority is being progressed through the development and implementation of the following strategy areas that will directly contribute to improved performance results; National Improvement Framework self-evaluation and Raising Achievement of our Learners, Our Moray Standard: Learning and Teaching Strategy and Supporting all Learners Strategy, Moray and Northern Alliance Progressions of Literacy and Numeracy, Achievement of Curriculum for Excellence Levels Assessment and Moderation Guidelines, Quality Assurance and Moderation support, Tracking and Monitoring Guidelines and Moray Quality Improvement Framework. Devolved school budgets and wider funding of Scottish Attainment Challenge, Pupil Equity and Strategic Equity Funding ensure schools continue to work to close identified attainment gaps. • Tackling the affordability of the school estate whilst meeting climate requirements contributes to Building Thriving, Resilient, Empowered Communities is addressed with the development of the Learning Estate Strategy, due to be reported to Item 12. Page 160
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committee in September 2025 following completion of a staged programme of engagements. The Climate Change Strategy 2020-2030 and Routemap to Net Zero is subject to review through 2025 by the Climate Change Working Group who will reflect on progress and update targets with a greater understanding of the decarbonisation pathway the Council is on, the changes in national policies presenting a final report in December 2025. • Corporate Plan Strategic Framework and improving indicator results rests on the delivery of the Medium to Long Term Financial Strategy and the Workforce and Organisational Development Strategy. 5.6 If rankings of the unpublished indicators remain like previous years, up to six may also feature in the lowest quartile covering: attainment at level 6, children looked after in a community setting, looked after children exclusion, council dwellings energy efficiency, CO2 emissions within local authority scope and from transport. Results will be reported in 2025/26 quarter 2 performance reports to Service Committees. 5.7 Results that have improved / worsened by 5% from previous year are highlighted at Appendix 2 and a table of results split by theme is presented at Appendix 3. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal Financial Risk Staffing Best Value and Transformation Property Information Communications Technology/Digital Equalities. Social Inclusion and Economic Impact Climate Change and Biodiversity Impact 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. Item 12. Page 161
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☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal The Council has a statutory requirement to publish a range of information that will demonstrate that it is a securing best value and assist in comparing performance both over time and between authorities where appropriate. 6.4 Financial None arising from this report. 6.5 Risk None arising from this report although effective performance management assists in the management of risk. 6.6 Staffing None arising from this report. 6.7 Best Value and Transformation How councils plan for, manage and report on performance is a key area of focus in external audit work, particularly on best value. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact None arising from this report. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with Head of Governance, Strategy and Performance and senior managers, any comments made have been incorporated into the report. Item 12. Page 162
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8. BACKGROUND PAPERS 8.1 LGBF Dashboards National Benchmarking Overview Report 2023/24 Elected Member Guidance: Understanding and Using the LGBF LGBF Indicators – Pentana backing tables Item 12. Page 163
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APPENDIX 1 The Local Government Benchmarking Framework (LGBF) data provides evidence of trends in how resources are allocated, performance of services and levels of customer satisfaction. This year’s results introduce data from 2023/24. Exceptions based on 32 local authorities; areas of service delivery ranked in the lowest quartile are presented below as Notes to Benchmarking Results (appendix 3 refers). Care should be taken when making comparison over time and with others due to the complexities around altered delivery and operating landscapes during the reporting period. The National Benchmarking Overview Report 2023/24 is due to be published early April. No Challenges Actions to improve Outcome Children’s Services 1 Percentage of leavers entering positive destinations fell to 93.8% in 2023/24, dropping into the lowest quartile. Both national and family group averages decreased albeit to a lesser extent. • Getting it right for every child so that we continue to improve attainment for all Q3 update (65% complete) - Ongoing reporting to committee with interventions outlined and progress to date (ECLS in November – Secondary Senior Phase Attainment and in February – ACEL). Continue focus on raising attainment for all in line with resources available. • Further develop curriculum offer in senior phase including consortia arrangements Q3 update (65% complete) - Secondary Head Teacher Consortia sub-group formed and progressed at pace with almost all secondary schools offering SCQF level 7 (Advanced Higher) consortia offer to other schools (range of subjects) and some SCQF level 6 (Higher) as trial. Reinstatement of common column across Moray, building into course options with consortia options process finalised for the session. Further exploration of working with Aberdeen City Council through their ABZ Campus anytime course offer for interrupted learners/those learners requiring additional subjects. Improved attainment at both Broad General and Senior Phase identifies through ACEL and LGBF measures Increase in subjects, courses and accreditation 2,3,4,5,6,7 Tariff scores allow examination of how different ability cohorts are attaining in relation to the appropriate family and national cohorts by allocating a specific number of points to each qualification (including non- examination, unit-based courses). More demanding qualifications gain more points than less demanding ones and in graded courses, a grade ‘A’ is equivalent to more points than a grade ‘C’ for example, within the same course. The number of qualifications and units available for a young person to complete varies significantly due to the number of different curriculum structures there are across Scotland. In Moray, scores decreased overall and in all but one of SIMD Quintiles 1-5. Indicator rankings remain in the lowest quartile. Item 12. Page 164
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(Source: Education Service Plan 2024-25) 8,9 The percentage of P1, P4 and P7 pupils combined achieving expected CFE Levels in Literacy and Numeracy made further improvement to 70.6% and 76.5% respectively, exceeding Stretch Aims targets and gaining ground on national averages. Support and challenge discussions between the central Quality Improvement Team and Head Teachers. Roll-out of Seemis Progress and Achievement for Tracking and Monitoring was completed in June 2023 and a data analysis tool (AnalyseM) was developed and training completed in December 2023. Indicator rankings remain in the lowest quartile. • Early intervention addressing whole family well-being to ensure that children can reach their full potential Through assessment and moderation activities, QAMSO (Quality Assurance and Moderation Support Officer) supports at school and ASG level as well as central quality improvement monitoring, we continue to support and challenge BGE ACEL level achievement and strengthening of practitioner confidence in their Teacher Professional Judgements. This includes through ASG moderation activities, Inset activities and a well planned range of interventions delivered at school level in order to strengthen learner attainment and achievement. Ongoing work to build and maintain improvement is detailed in the Initial Analysis of Achievement of Curriculum for Excellence Levels 2024 submitted to Education, Children’s and Leisure Service Committee on 18 February 2025 (item 10 of the agenda refers). (Source: Education Service Plan 2024-25) Improved attainment at both Broad General and Senior Phase identifies through ACEL and LGBF measures 10 Funded early years provision which is graded good/better fell slightly to 84.1%. The increase duty brings significant challenges around workforce expansion, building and expanding provision, whilst simultaneously maintaining and improving the quality is challenging, faced with significant shortages in the availability of qualified staff and seeing the average experience level of the workforce lowered. Indicator ranking remains in the lowest quartile. Early years provision not reaching grade 4 good/better receive support from the respective Continuous Improvement Officer and the Early Years Teaching and Learning Teacher to address the required actions resulting from recommendations or requirements. Improve quality of leadership, learning, teaching and assessment Improve self-evaluation profiles leading to change Corporate Services 11 The gender pay gap closed slightly from 5.3% to 4.6%. The gap is the percentage difference between men’s and women’s hourly pay. The positive figure indicates that male employees • Have in place fair and competitive pay and conditions that are recognised and free of bias Assessment of gender pay gap and equality issues Item 12. Page 165
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are on average paid more per hour than female employees. Despite these small improvements, the result remains in the bottom quartile. Note: an error was made when submission of results was reversed, therefore the national data does not reflect the true position which has been corrected for local reporting. Albeit progress has been affected by staff absence, with progress on planned activity at 30% complete (Q3 update), slight improvement is accounted for due to continuing to offer flexible working opportunities to the workforce which encourages and supports females. Additionally with the regrading of Social Care Assistants, the council has seen a positive impact on the gender pay gap and this is supported by an increased number of females represented in Grade 10 and above posts. Work is rescheduled to begin in January 2025. (Source: HR & OD Service Plan 2024-25) 12 Teacher absence levels increased in 2023/24 to 9.6 days per teacher and are now higher than pre-pandemic levels and the highest recorded since benchmarking began. Pressures exacerbated by the pandemic, treatment delays and increasing mental health issues are compounded by skills shortages and recruitment challenges, all contributory factors to increased absence. Indicator ranking remains in the lowest quartile. Policy and practise review as well as supporting and developing wellbeing initiatives continue in response to these significant challenges. • Pro-actively support the health and well-being of employees through increased awareness of mental health. • Review proactive measure to reduce sickness including Day One notification for focus on short term absence. • Ensure revised operational implementation of absence management procedures are applied by managers. • Provide support for reducing incidents of violence and aggression in schools as set out in the agreed ASN action plan, working collaboratively with Trade Unions to identify specific actions to help address short term absence. Q3 update (75% complete) - Work is ongoing to devise a more targeted approach that will address absence. Improvements around implementing the policy at an operational level has been discussed at both the leadership forum and with the HR Advisers. A pilot has also been developed within Education which if rolled out could have some meaningful impact to the monitoring of absence within schools. A training and Absence is managed effectively, and levels of absence are reduced efficiently and timeously. Measures are deployed that support school-based staff to feel safe at work and feel equipped to manage challenging behaviour appropriately. Item 12. Page 166
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refresher module is in development and monthly absence review meetings are in place, supported by a revised approach to case flow management allowing for improved monitoring and prioritisation. (Source: HR & OD Service Plan 2024-25) 13 Percentage of invoices sampled that were paid within 30 days remained unchanged at 89.4%. Of the 55k invoices sampled, 49k invoices were paid within 30 days, resulting in the indicator dropping back into lowest quartile. • Increase efficiency and availability of digital process for Payments; roll out e-Accounts Payable form Q3 update (100% complete) – E-Accounts Payable form now fully LIVE across all departments, any service submitting paper or email invoices are being advised to use the new system. (Source: Finance Service Plan 2024-25) Roll out e-Accounts Payable form Introduction of workflow to streamline process for Payments and service departments. More efficient and timely processing of invoices. Assets 14 There has been no change to 56.3% in the percentage of internal floor area of operational buildings in satisfactory condition. The Moray Learning Estate is a significant contributory factor to the operational building condition indicator and with half of the 53 schools having condition surveys and 31 categorised within the last 5 years as less than B condition (6 schools still to complete survey updates). Indicator ranking remains in the lowest quartile. • Tackle the affordability and standard of our learning estate to ensure sustainability while meeting climate requirements External consultant appointed to commence development of detailed asset management plans for up to 10 schools over a 6-month period with further planned for 2025/26. Moray Learning Estate Strategy 2022-2032 sets out the steps needed to develop a long-terms strategy for the learning estate. (Source: ERC Service Plan 2024-25) Moray has high performing schools that are fit for the future and financially and environmentally sustainable. Adult Social Work 15 The percentage of carers who feel supported in their caring role fell from 32% in 2021/22 to 28% in 2023/24. Indicator ranking has dropped into the lowest quartile. Taken as an extract from the Health & Care Experience Survey by Scottish Government. Moray Carers Strategy 2023-2026 contains three strategic priorities; Recognition for carers, Valuing carers, Supporting carers. Quarriers are contracted to continue delivering information, support, advice and to offer both Adult Carer Support Plans and Young Carer Statements. As of March 2024, 1130 unpaid adult and Carers in Moray feel recognised, listened to and respected as equal and expert partners in care, and to be supported in their vital role so they live well alongside caring. Item 12. Page 167
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170 young carers registered with the service, of which 16 and 15 were receiving intense support respectively. Culture & Leisure 16 The cost per library visit has decreased to £5.44 due to a proportionately greater increase in the number of library visits to net expenditure. The service reviewed the virtual visit definition for this indicator in 2022/23 and are now counting launches or interactions with a page / post rather than the number having seen a page / post. Across Scotland, results range, perhaps suggesting there are similar variations in calculation methods. At the time of submitting attendance results, Indicator ranking remains in the lowest quartile. • Transform our Sport & Leisure, Libraries, Learning Centres & Heritage, Music Instruction & Performance service provision to ensure a sustainable council for the future Q3 update (93% complete) – The Change Management Plan has now been partially implemented. Several proposals for Change Management Plan have been paused until the outcome of the Libraries, Learning Centres and Heritage service redesign and savings proposals have been determined. (Source: ERC Service Plan 2024-25) Create a sustainable future for our services by: Engaging new users to access our service to be active and ensure prevention/early intervention improves their long-term health and wellbeing prospects. Engaging new users to access digital and physical resources and support to improve their lifelong learning experiences. Creative arts participation and pathways are further developed enhancing lifelong learning experiences. 17 The percentage of adults satisfied with Museums and Galleries (rolling 4 years) fell slightly to 57%. Indicator ranking dropped into the lowest quartile for the first time since 2018. Due to budgetary constraints, operation of the Moray Museum Service ceased on 1st April 2020 and the Falconer Museum with Store is closed until an alternative service model is established. The collection continues to be monitored and the buildings maintained. N/A Environmental Services 18 The percentage of adults satisfied with refuse collection (rolling 4 years) remained at 76%. Indicator has dropped back into the lowest quartile. Taken from the Scottish Household Survey from Scottish Government where around 10,500 households were interviewed with lower-than-expected response rates inferring the sample size may be small. Following an increase in complaints related to household collections, the service is reviewing to identify themes and causation. N/A Housing Services 19 In 2023/24, 1,444 of 6,380 (22.6%) properties within scope met the Scottish Housing Quality Standards (SQHS). Meeting energy efficiency elements is a significant part of SHQS. Indicator remains in the lowest quartile. • Continue to reduce the carbon impact arising from Housing and Property Services Q3 update (75% complete) – Housing Improvement Plan reported to Housing and Community Safety Committee on 7 May 2024 detailed plan to improve energy performance of our housing stock. Work Phased improvement of energy efficiency within corporate buildings and housing stock. Item 12. Page 168
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progressing by internal contractor (DLO) and external contractors to undertake improvements. Final figure will be reported as part of the Annual Return on the Charter (ARC) to the Scottish Housing Regulator in April 2025. Significant investment has been undertaken extending to more than £6m on a variety of improvement measures including insulation and upgrading heating systems. Due to time lag in updating certification and method of reporting no interim figures are currently available that accurately present progress. (Source: Housing and Property Service Plan 2024-25) Economic Development 20 The percentage of unemployed people assisted into work from Council operated / funded employability Programmes more than halved to 4.3% with 65 people supported into work. Delays in confirmation of grant funds resulted in reduced numbers progressing into MERI Scheme, coupled with a reduction in applications from employers due to the inability within the Scheme to carry forward committed funds. Delays also meant the procurement of the new SWAP vocational skills was later than initially planned with the programme being active for only 6 of the intended 12 months. Increasing client mental health issues has also been a contributory factor with those affected being further away from entering employment. Job outcomes is just one of many other positive outcomes that were reported in 2023/24, for example, 90 started the SWAP programme, 102 engaged with personal development training and 50 progressed in college / university. In the previous 2 reporting years, due to Covid recovery measures, there was significant additional investment in employability, so higher-than-average numbers being assisted into employment were reported. With these challenges resolved for the 2024/25 reporting, figures to date show Job outcomes have increased, with the SWAP programme having a positive impact on results, the overall position continues to be closely monitored. Increase the number of individuals who are participating in learning, training and employment opportunities Item 12. Page 169
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(Source: Economic Growth and Development Service Plan 2024-25) 21 The proportion of properties receiving superfast broadband increased slightly to 87.8%. Taken from Connected Nations Annual Report by OFCOM. According to a Scottish Government response, the rollout of the R100 broadband scheme will not be completed until 2028 in Moray. The programme is behind on initial time targets, The programme comprises of three strands of activity, the R100 contracts, R100 Scottish Broadband Voucher Scheme and continued expansion of commercial coverage, including emerging technologies such as Low Earth Orbit satellite connectivity. Conclude R100 contract delivery in Moray during 2028 Financial Sustainability 22 Financing Costs to Net Revenue Stream is an indicator of affordability, it highlights the revenue implications of existing and proposed capital expenditure by identifying the proportion of the revenue budget required to meet financing costs, net of investment income. Moray reported a ratio of 8.7. Indicator remains in the lowest quartile. Prudential Indicators are reported to Council and reflective the ongoing general requirement to increase borrowing to fund capital expenditure in the capital plan, particularly in the Learning Estate and the Moray Growth Deal. This is factored into the Council’s financial planning and is used as a tool for assessing affordability of the capital plan, Ensure a financially sustainable future 23 The need for budgets and forecasts to reflect actual spending becomes increasingly important with decreasing or lower levels of usable reserves to draw on and is measured in the Actual outturn as a percentage of budgeted expenditure. Moray achieved an Actual outturn of 97.1%. Indicator remains in the lowest quartile. Patterns of budgeting spend are impacted across all local authorities, albeit in different ways, although an increase in the level of reserves held was a common feature. Budget manager training, key to an accurate forecast was reviewed and updated. Ensure a financially sustainable future Item 12. Page 170
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Results improved / worsened (past 12 months for results published) APPENDIX 2 Results that improved by 5% or > • The cost per Pre-School Education place reduced by 10% to £9,834, a 4% reduction in gross expenditure and a 6% increase in number of places contributory factors. • Tariff score in SIMD Quintile 2 improved by 7% to 620, albeit result remains in lowest quartile. • 14% reduction in the cost of collecting Council Tax per dwelling, due to an overall cost reduction and a slight increase in the number of dwellings. • An initial decision was made within 15 days for almost all Community Care Grants. • Proportion of Discretionary Housing Payments spent increased to 90%. • Reduced gross expenditure and a minor change in the number of long-stay residents supported has led to a reduction in the residential care home cost per week per resident. • Proportion of adult care services graded good or better improved to 81%. • The number of bed days people (75+) spend in hospital when ready to be discharged fell by 44%, against a slight increase in population (+75) leading to an improved delayed discharge rate. • Increased attendance and reduced net expenditure resulted in a reduced cost per attendance at sports facilities. • Proportionately greater increase in number of library visits than net expenditure reduced the cost per library visit. • Reduced cost of street cleaning due to decrease in net expenditure against a slight increase in estimated population. • Decreases in gross expenditure in Trading Standards and Environmental Health, has resulted in a decrease in cost per 1,000 population across both indicators. • Slight improvement in proportion of council dwellings meeting SHQS, the indicator remains in the lowest quartile. Results that worsened by 5% or > • Tariff scores dropped in five of six measures, and by over 5% in SIMD Quintile 1. All feature is the lowest quartile. • Sickness absence days for both Teacher and Employee (non-teacher) have increased, due to an increase in days lost and reduction (teachers) or minimal change to staff numbers. • £490k of Scottish Welfare Fund budget was spend, 112% of budget. • Homecare costs per hour for people aged 65 or over increased with a 27% increase in homecare expenditure against a slight increase in care hours. • Satisfaction relating to adult social care dropped in all four measures, and by over 5% in two measures. • Proportionately greater increase to parks and open spaces net expenditure than that of mid-year population estimate resulting in a greater cost per 1,000 population. • Cost of roads per kilometre increased slightly due to rise in gross expenditure, the indicator result remains in the top quartile. • Drop in proportion of adults satisfied with street cleaning based on 3 year rolled averages. • The percentage of unemployed people assisted into work from council employability programmes reduced by over 50% dropping into the lowest quartile. • Average time per business and industry planning application (weeks) increased slightly but result remains within the top quartile. • Gross expenditure on Economic Development & Tourism decreased from £8.2m to £7.4m, reducing investment per 1,000 population to £78k, performance remains below the national average and in the bottom quartile. • Total usable reserves as a percentage of annual budgeted revenue dropped to 19%. Item 12. Page 171
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APPENDIX 3 Table Legend Relative Change Short Term Trend Rank 2021/22 2020/21 to 2021/22 Result to Previous Year Local Authorities (32) Family Group (8) Result improving by 5% or more improved 1st quartile 1st quartile Result worsened by 5% or more worsened 2nd quartile 2nd quartile no change 3rd quartile 3rd quartile N/A1 Data no longer collected nationally / locally N/A2 Result below 5; not published to protect confidentiality N/A3 Data not yet published 4th quartile 4th quartile Item 12. Page 172
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Overview of Local Government Benchmarking Framework Indicator Results Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Children’s Services (A) CHN 1: Cost per primary school pupil (£) 6,050 6,156 6,500 6,926 6,922 7,213 -0.1 9 2 CHN 2: Cost per secondary school pupil (£) 8,592 8,381 8,458 8,828 8,920 8,957 1.0 15 4 CHN 3: Cost per pre-school education place (£) 6,127 8,623 10,476 10,897 9,834 11,659 -9.8 5 3 CHN% of secondary pupils achieving 5 or more awards at Level 5 62 66 63 62 N/A3 % of secondary pupils achieving 5 or more awards at Level 6 34 34 30 28 N/A3 % of pupils living in the 20% most deprived areas Gaining 5+ awards at Level 5 N/A2 19 19 12 N/A3 % of pupils living in the 20% most deprived areas Gaining 5+ awards at Level 6 N/A2 19 19 12 N/A3 Gross Cost of “Children Looked After” in Residential Based Services per child per week (£) 5,748 5,417 4,564 3,155 N/A3 Gross Cost of “Children Looked After” in a Community Setting per child per week (£) 503 463 492 460 N/A3 % of children being looked after in the community 81.4 82.2 80.6 75.3 N/A3 % of adults satisfied with local schools (rolling 4 years) 77.0 79.3 79.3 76.7 73.0 70.7 -3.7 14 5 1 % of pupils entering positive destinations 93.1 94.1 96.2 95.1 93.8 95.7 -1.3 30 7 2 Overall average total tariff 799 877 886 841 831 918 -1.2 26 7 3 Overall average total tariff SIMD Quintile 1 939 887 735 571 378 658 -33.8 29 8 Item 12. Page 173
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) 4 Overall average total tariff SIMD Quintile 2 687 635 637 581 620 762 6.7 30 7 5 Overall average total tariff SIMD Quintile 3 729 868 868 820 780 889 -4.9 31 7 6 Overall average total tariff SIMD Quintile 4 836 954 944 921 917 1,049 -0.4 29 7 7 Overall average total tariff SIMD Quintile 5 903 959 1,005 977 970 1,260 -0.7 29 7 8 % P1, P4 & P7 pupils combined achieving expected CFE Level in Literacy N/A1 63.9 65.1 67.9 70.6 74.0 2.7 28 6 9 % P1, P4 & P7 pupils combined achieving expected CFE Level in Numeracy N/A1 67.8 71.8 75.5 76.5 80.3 1.0 28 6 Literacy Attainment Gap (P1,4,7 combined) – percentage point gap between the least and most deprived pupils N/A1 19.8 26.3 32.1 N/A3 Numeracy Attainment Gap (P1,4,7 combined) – percentage point gap between the least and most deprived pupils N/A1 17.5 24.7 26.6 N/A3 % of children meeting developmental milestones 95.6 96.0 84.9 87.3 N/A3 10 % of funded early years provision which is graded good/better 78.3 85.2 86.9 87.5 84.1 89.8 -3.4 28 7 School attendance (%) N/A1 93.8 N/A1 91.2 90.8 90.3 -0.4 12 3 School attendance rates (LAC, %) N/A1 89.4 N/A1 83.4 N/A3 School exclusion rates per 1,000 pupils N/A1 14.2 N/A1 20.2 N/A3 School exclusion rates per 1,000 looked after children N/A1 125.0 N/A1 156.0 N/A3 Item 12. Page 174
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) % participation for 16-19 year-olds 93.5 91.8 91.6 94.5 93.1 92.7 -1.4 17 7 % of child protection re-registrations within 18 months 7.5 2.3 9.8 0 N/A3 % LAC with more than 1 placement in the last year (Aug-July) 25.0 14.9 14.5 11.8 N/A3 % of children living in poverty (after housing costs) 23.4 21.3 24.1 23.9 N/A3 Corporate Services (B) Support Services as a % of Total Gross Expenditure 4.2 4.1 3.9 3.8 3.7 4.1 -0.1 14 5 % of the highest paid 5% employees who are women 54.7 61.1 62.7 59.5 61.2 59.8 1.7 10 4 11 The gender pay gap (%) 6.4 6.2 7.0 5.3 4.6 1.7 0.8 29 7 Cost of collecting Council Tax per dwelling 10.12 9.24 8.67 7.96 6.86 5.89 -13.8 17 4 12 Sickness Absence days per Teacher 6.8 4.5 6.0 7.9 9.6 7.6 21.4 29 7 Sickness Absence days per Employee (non- teacher) 12.7 8.7 11.1 12.8 14.0 13.9 8.9 17 5 % of income due from Council Tax received by the end of the year 97.0 95.8 96.7 96.7 96.2 95.5 -0.5 16 5 13 % of invoices sampled that were paid within 30 days 87.3 84.0 85.5 89.4 89.4 93.1 0.0 26 6 % of Crisis Grant Decisions within 1 day Note: 2024/25 result 99.5% 94.3 98.5 98.3 97.8 98.3 94.0 0.5 13 4 % of CCG Grant Decisions within 15 days Note: 2024/25 result 100.0% 85.3 91.0 95.0 89.3 98.0 83.3 8.7 15 5 Item 12. Page 175
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Proportion of SWF Budget Spent 84.3 64.3 99.0 123.9 111.5 128.9 -12.4 22 5 Proportion of DHP Funding Spent 91.3 90.6 75.6 79.8 90.0 101.0 10.2 23 4 Assets (B) % of operational buildings that are suitable for their current use 98.2 98.2 97.6 97.5 97.4 85.5 -0.1 1 1 14 % of internal floor area of operational buildings in satisfactory condition 53.9 66.9 54.9 56.3 56.3 89.8 -0.0 32 8 Adult Social W ork (A) Home Care costs per hour for people aged 65 or over (£) 40.98 32.30 26.74 25.27 31.5 33.61 24.7 12 4 Self-Directed Support spend on people aged 18 or over as a % of total Social Work spend on adults 4.1 5.0 3.6 4.6 4.8 9.0 0.2 20 6 % of people aged 65 or over with long term care needs receiving personal care at home 62.2 62.0 61.0 59.8 62.7 62.6 2.9 17 3 % of adults supported at home who agree that their services and support had an impact in improving or maintaining their quality of life (rolling 4 years) 79.2 73.3 69.3 69.8 -3.9 19 7 % of adults supported at home who agree that they are supported to live as independently as possible 82.7 79.3 71.9 72.4 -7.5 21 6 % of adults supported at home who agree that they had a say in how their help, care or support was provided 79.7 70.2 59.5 59.6 -10.7 20 7 15 % of carers who feel supported in their caring role 30.7 31.6 28.2 31.2 -3.4 26 7 Item 12. Page 176
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Residential costs per week per resident for people aged 65 or over (£) 461 578 490 673 556 723 -17.5 4 1 Rate of readmission to hospital within 28 days per 1,000 discharges (%) 77.7 100.9 85.9 80.5 76.5 103.9 -4.9 4 1 Proportion of care services graded ‘good’ (4) or better in Care Inspectorate inspections (%) 75.2 79.8 80.0 74.0 81.1 77.0 7.1 15 4 Number of days people spend in hospital when they are ready to be discharged, per 1,000 population (75+) 768 493 778 1058 952 846 -10.0 21 6 Culture & Leisure (B) Gross cost per attendance at Sports facilities (£) -0.31 21.74 2.94 2.58 1.80 4.35 -30.1 5 2 16 Cost per Library visit (£) 1.81 3.42 3.04 6.91 5.44 2.38 -21.3 28 6 Cost of Museums per visit (£) 2.41 N/A1 N/A1 N/A1 N/A1 Cost of Parks & Open Spaces (£) per 1,000 population 12,669 14,080 16,874 16,779 18,010 23,362 7.3 8 2 % of adults satisfied with Libraries (rolling 4 years) 77.6 82.9 82.3 79.3 78.0 67.0 -1.3 5 3 % of adults satisfied with Parks and Open Spaces (rolling 4 years) 82.4 85.1 85.7 86.3 85.3 85.0 -1.0 16 5 17 % of adults satisfied with Museums and Galleries (rolling 4 years) 60.1 64.1 62.3 58.3 57.0 69.3 -1.3 26 8 % of adults satisfied with Leisure Facilities (rolling 4 years) 66.7 72.4 74.7 71.3 69.7 67.0 -1.6 13 5 Enviro nment al Servic es (B) Net cost per Waste collection per premises (£) 44.98 40.42 37.41 41.08 39.97 78.72 -2.7 2 1 Net cost per Waste disposal per premises (£) 114.45 118.54 112.75 104.35 101.81 104.38 -2.4 13 3 Item 12. Page 177
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Net Cost of Street Cleaning (£) per 1,000 population 8,602 8,594 9,011 9,481 8,376 15,961 -11.6 4 1 Street Cleanliness Score N/A1 N/A1 N/A1 N/A1 N/A1 Cost of Maintenance per Kilometre of Roads (£) 8,019 4,998 5,708 6,801 7,337 13,788 7.9 6 1 % of A Class roads that should be considered for maintenance treatment (rolling 2 years) 29.2 26.6 23.2 24.1 26.8 28.9 2.7 13 3 % of B Class roads that should be considered for maintenance treatment (rolling 2 years) 25.8 22.3 18.3 18.4 21.0 32.5 2.6 5 1 % of C Class roads that should be considered for maintenance treatment (rolling 2 years) 25.2 21.3 19.3 20.6 22.7 33.4 2.1 5 1 % of unclassified roads that should be considered for maintenance treatment (rolling 2 years) 35.5 35.0 32.0 30.3 29.3 36.2 -1.0 3 1 Cost of trading standards and environmental health (£) per 1,000 population 23,342 22,203 26,647 24,759 23,513 22,804 -5.0 18 6 Cost trading standards, money advice & citizens advice (£) per 1,000 population 6,050 5,548 5,484 6,246 5,715 7,266 -8.5 10 3 Cost of environmental health (£) per 1,000 population 17,292 16,656 21,163 18,514 17,799 15,538 -3.9 21 6 % of total household waste arising that is recycled 59.0 54.9 52.2 57.8 55.2 43.5 -2.6 4 2 18 % of adults satisfied with refuse collection (rolling 4 years) 73.5 69.8 71.7 76.0 75.7 78.3 -0.3 25 7 % of adults satisfied with street cleaning (rolling 4 years) 58.6 58.3 58.7 62.7 57.7 58.0 -5.0 23 8 Item 12. Page 178
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Housing Services (A) Gross rent arrears (all tenants) as at year end as a % of rent due for the reporting year 2.6 3.2 3.8 4.5 4.7 9.5 0.2 2 1 % of rent due in the year that was lost due to voids 0.9 1.2 1.2 1.0 0.7 1.8 -0.3 5 1 19 % of council dwellings meeting Scottish Housing Quality Standard 90.7 93.8 6.3 15.5 22.6 77.8 7.1 26 6 Average number of days to complete non- emergency repairs 9.5 6.1 8.0 5.7 5.7 10.0 -1.3 2 1 % of council dwellings that are energy efficient 54.6 57.4 60.4 N/A3 N/A3 Economic Development (B) 20 % Unemployed People Assisted into work from Council operated / funded Employability Programmes 0.6 5.3 5.9 10.1 4.3 12.1 -5.8 31 7 Cost per Planning Application 4,809 5,208 5,624 6,700 6,667 6,679 -0.5 18 2 Average time (Weeks) per Planning Application 6.4 6.7 6.2 6.3 7.2 10.7 15.5 3 2 % of procurement spent on local small / medium enterprises 21.9 23.6 25.2 24.8 23.6 30.7 -1.2 21 5 No of business gateway start-ups per 10,000 population 16.5 9.6 12.7 11.3 11.0 13.6 -2.7 23 7 Investment in Economic Development & Tourism per 1,000 population (£) 38,411 40,456 49,193 86,881 77,786 118,765 -10.5 24 7 Proportion of people earning less than the living wage (%) 24.0 21.5 19.4 13.8 14.4 10.2 0.6 14 2 21 Proportion of properties receiving superfast broadband (%) 84.7 85.7 85.6 87.2 87.8 95.9 0.6 27 8 Item 12. Page 179
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Town Vacancy Rates (%) 6.9 10.9 10.6 10.6 14.1 12.3 3.5 22 6 Immediately available employment land as a % of total land allocated for employment purposes in the local development plan 24.2 34.8 14.9 14.9 14.9 24.5 0.0 20 4 Gross Value Added (GVA) per capita (£) 23,742 22,380 23,172 24,282 N/A3 Claimant count as a % of working age population (%) Note: 2024/25 result 2.2 2.5 4.9 3.7 2.4 2.2 3.1 -2.3 7 1 Claimant count as a % of 16-24 population (%) Note: 2024/25 result 2.6 3.7 7.1 4.7 3.0 2.7 3.3 -2.5 10 2 Financial Sustainability (B) Total useable reserves as a % of council annual budgeted net revenue 15.0 25.1 26.3 24.8 19.0 23.9 -5.8 24 4 Uncommitted General fund Balance as a % of council annual budgeted net revenue 7.5 7.2 2.2 2.1 2.3 2.3 0.2 14 5 22 Ratio of Financing Costs to Net Revenue Stream 9.5 8.0 8.3 8.7 8.7 5.8 0.0 27 7 Ratio of Financing Costs to Net Revenue Stream – Housing Revenue Account 21.5 21.6 20.7 22.0 23.6 20.0 1.6 15 6 23 Actual outturn as a % of budgeted expenditure 96.0 89.6 91.1 93.4 97.1 99.6 3.7 29 7 Climate Change (B) CO2 emissions area wide per capita 4.88 4.0 4.83 4.64 N/A3 CO2 emissions area wide: emissions within scope of LA per capita 7.26 6.34 7.17 6.94 N/A3 CO2 emissions from Transport per capita 37.2 29.6 36.12 44.79 N/A3 CO2 emissions from Electricity per capita 41.81 30.65 33.6 30.91 N/A3 CO2 emissions from Natural Gas per capita 46.01 45.98 50.1 45.83 N/A3 Item 12. Page 180
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Note Indicator Description Moray National Average Relative Change 2022/23 to 2023/24 Rank 2023/24 2019/20 2020/21 2021/22 2022/23 2023/24 2023/24 % change Short Term Trend Nat (32) FG (8) Item 12. Page 181
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Item 12. Page 182