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Agenda Document Pack - Audit Committee - 26/06/2023

Midlothian Council · 26 June 2023
Back to Audit Committee — 26 June 2023 and its agenda

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Notice of Meeting and Agenda 
Audit Committee 
Venue:  Council Chambers/Hybrid, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Monday, 26 June 2023 
Time:  11:00 
Executive Director : Place 
Contact:
Clerk Name: Democratic Services
Clerk Telephone: 
Clerk Email: democratic.services@midlothian.gov.uk 
Further Information: 
This is a meeting which is open to members of the public.  
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk 
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1          Welcome, Introductions and Apologies   
2          Order of Business 
Including notice of new business submitted as urgent for consideration at the
end of the meeting. 
3          Declaration of Interest 
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item
and the nature of their interest. 
4          Minute of Previous Meeting
4.1 4.1 Minute 7 March 2023 5 - 10
4.2 4.2  Audit Committee Action Log 11 - 12 
5          Public Reports
5.1 5.1 Counter Fraud Annual Report 2022/23, Report by Chief
Internal Auditor
13 - 22
5.2 5.2 Internal Audit Work to May 2023, Report by Chief Internal
Auditor
23 - 36
5.3 5.3 Internal Audit Annual Assurance Report 2022/23, Report by
Chief Internal Auditor
37 - 48
5.4 5.4 Draft Annual Governance Statement 2022/23, Report by Chief
Executive
49 - 60
5.5 5.5 Unaudited Annual Accounts 2022-23, Report by Chief
Finance Officer (Acting) to follow
61 - 62
5.6 5.6 Annual Treasury Management Report 2022/23, Report by
Chief Finance Officer (Acting)
63 - 94
5.7 5.7 Treasury Management and Investment Strategy 2023/24 –
Credit Risk Update, Report by Chief Finance Officer (Acting)
95 - 102
5.8 5.8 Midlothian Council Annual Audit Plan, Report by Executive
Director Place
103 - 124
5.9 5.9 Risk management Update – Strategic Risk Profile Quarter 4
2022/23, Report by Chief Officer Place
125 - 166 
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6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Tuesday 26th September 2023. 
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Minute of Meeting 
Audit Committee 
Date Time Venue
Tuesday 7 March 2023 11:00am Council Chamber 
Midlothian House, 
Buccleuch Street, 
Dalkeith 
Present:
Councillor Smaill (Chair)
Councillor McEwan
Councillor McKenzie
Councillor Milligan 
Councillor Scott 
In Attendance:
Grace Vickers Chief Executive
Kevin Anderson Executive Director Place
Morag Barrow Joint Director Health and Social Care
Fiona Robertson Executive Director Children, Young People & Partnerships,
David Gladwin Acting Chief Financial Officer 
Duncan Stainbank  Chief Internal Auditor
Elaine Greaves Principal Internal Auditor
Alan Turpie Legal and Governance Manager / Monitoring Officer
Andrew Henderson Democratic Services Officer 
Audit Committee
Monday 26 June 2023
Item 4.1
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1. Welcome and Apologies for Absence 
The Chair took the opportunity to welcome those in attendance to the meeting. 
2. Order of Business 
The order of business was as detailed in the agenda. 
3. Declarations of interest 
No declarations of interest were intimated at this stage of the proceedings. 
4. Minutes of Previous Meetings 
4.1 The minute of the meeting of 06 December 2022 was submitted and approved
as correct record, moved by Councillor McEwan and seconded by Councillor
Scott. 
4.2 The Action log was submitted and noted. 
With regard to action point 1, David Gladwin acknowledged that treasury
management was an emerging issue for Environmental, social, and corporate
governance (ESG) and that the sector was working through the details. With
regard to a timescale, David Gladwin outlined that it would be beneficial to link
the topic in with the general treasury update noting the implications of putting in
a new strategy based on the ESG factors and anticipated that the sector would
be able to have a discussion over the summer months. David Gladwin
confirmed that with regard to the current procedure the 22/23 strategy outlined
what could be done in terms of treasury management and confirmed that link
provided advice in relation to all counterparties. 
Members then took the opportunity to thank the Chief Executive for circulating
the National Records of Scotland data. 
5. Public Reports 
Report No. Report Title Submitted by:
5.1 Internal Audit Work to February 2023  Chief Internal
Auditor
Outline of report and summary of discussion
A brief summary of the report was provided with reference being made to recent
work that had been conducted by internal audit with an overview of Internal Audit
recommendations and findings being provided. A further overview of the
executive summary in relation to the Audit assurance reports was also provided,
in addition to details regarding the Chief Internal Auditors Opinion regarding the
adequacy of control environment and governance arrangements within each audit
area. 
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In responding to questions, Duncan Stainbank clarified that with regard to
unsigned Service Agreements, this was solely due to the lack of a formal
signature and that service level agreements had been completed. 
A discussion ensued in relation to the inclusion of Arms Length and External
Organisations (ALEOs) and it was established that whilst Midlothian is a
shareholder in external organisations such as Lothian Buses and has a joint
account with Midlothian Energy Limited, that Midlothian Council did not have any
ALEO’s. It was agreed that clarification on this point would be sought after the
meeting.
There was further discussion in relation to the procedure for grant application
panels with members expressing concern regarding the fact that applicants were
only required to leave the discussion when their application was being discussed,
which Fiona Robertson outlined that there was a compact agreement regarding
panels with third sector organisations that determined the requirements and that
she was working with the Communities Team to assess how this could be taken
forward and agreed to report back at a future meeting.
Decision
a) Derek Oliver agreed to bring a report following up audit actions in relation
to building maintenance services in future. 
b) Clarification to be provided clarifying information on ALEOs;
c) Fiona Robertson to report back with regard to options in relation grant
application scoring/assessment panels. 
d) Audit Committee noted the progress Internal Audit has made with activity
in the Internal Audit Annual Plan 2022/23 to the end December 2022; and
e) Confirmed it’s satisfaction with the performance of the Internal Audit
service provision.
Action
a) Derek Oliver; 
b) Duncan Stainbank
c) Fiona Robertson
d) All to note
e) All to note 
Report No. Report Title Submitted by:
5.2 Counter Fraud Annual Plan 2023/24  Chief Internal
Auditor
Outline of report and summary of discussion
In speaking to the report Duncan Stainbank provided a brief overview of the
Counter Fraud Annual Plan 2023/24 making reference to the importance of
having robust fraud prevention and investigation arrangements and the need to
ensure preventative practices associated with the Counter Fraud Strategy as
approved by Council in August 2020. 
A brief discussion ensued in relation to whistleblowing in which members took the
opportunity to express concern in relation to the lack of feedback received by
whistleblowers following the conclusion of investigations. Duncan Stainbank
clarified that work was being undertaken to review the whistleblowing policy,
acknowledging that East Lothian’s policy included provision for feedback where
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legally possible and where status of anonymity allowed. Duncan Stainbank
confirmed that a draft would be ready by May. 
In response to comments regarding major corporate fraud, Kevin Anderson
confirmed that lessons had been learnt from the SEPA exercise and that resource
had been added to address the regular occurrence of cyber-attacks. It was
agreed that outcomes would be reported at a later date and that a session would
be held as part of the future audit committee.
Decision
a) Audit Committee agreed that a session on outcomes of the SEPA exercise
would be brought to the next meeting of Audit Committee. 
b) Audit Committee approved the Counter Fraud Annual Plan as appended to
the report. 
Report No. Report Title Submitted by:
5.3 Internal Audit Charter  Report by Chief
Internal Auditor 
Chief Internal
Auditor
Outline of report and summary of discussion
Duncan Stainbank provided a brief overview of the internal audit charter as
appended to the report and confirmed that the Midlothian Council’s internal audit
charter has been updated to conform to the public sector internal audit standards.
Officers then took the opportunity to respond to points of clarity.
A discussion ensued in relation to the audit mechanisms for the MIJB. Morag
Barrow clarified that the MIJB follows both Council and NHS and that audits
conducted by the IJB are contained within the functions of the IJB. Duncan
Stainbank outlined that the remits for each are set out in the strategic directions
and councils approved guidelines. 
Decision
a) Audit Committee noted the changes to the Internal Audit Charter outlined
in section 4 of this report in conformance with Public Sector Internal Audit
Standards; 
b) Approved the revised Internal Audit Charter shown at Appendix 1; and  
c) Noted that the Internal Audit Charter will be reviewed annually. 
Report No. Report Title Submitted by:
5.4 Internal Audit Strategy and Annual Plan
2022/23 Report by Chief Internal Auditor
Chief Internal
Auditor
Outline of report and summary of discussion
Duncan Stainbank provided an overview of the Counter Fraud Annual Plan
2023/24 as appended to the report and outlined that approval would allow for the
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writing of the annual opinions due for submission later in the year. Duncan
Stainbank then took the opportunity to respond to members questions. 
With regard to the Internal Audit Teams' capacity to respond to requests, Duncan
Stainbank confirmed 20 days for contingency and help desk tasks, and that if
further resources are required a request can be submitted to the Chief Executive.
Duncan Stainbank highlighted that, if required, this timescale could be reduced
but that a report might be required outlining the possible removal of an item from
the audit plan.  
Decision
Audit Committee agreed; 
a) Noted the changes to the Internal Audit Strategy outlined in section 4 of
this report; 
b) Noted the outline of the Internal Audit planning process outlined in section
5 of this report;
c) Approved the Internal Audit Strategy (Appendix 1); and  
d) Approved the Internal Audit Annual Plan 2023/24 (Appendix 2). 
6. Private Reports 
None 
7. Date of Next Meeting 
Date of Next Meeting: Tuesday 25 April 2023 at 11am. 
The meeting terminated at 11:46am 
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Audit Committee 
Action Log 
No Subject Date Action Action Owner Expected
completion
date
Comments
1 Responsible treasury
management 
06/12/2022 Session with members to be
organised with regard to
Responsible treasury
management/ethical issues.
Acting Chief
Financial
Officer
Ongoing  Carry forward, paper
coming forward regarding
CSG and ethical
depositing coming later in
the year. 
2 Internal Audit Mid-
Term Performance
Report 2022/23
07/02/2023 Derek Oliver to submit a
report to Audit Committee
following up on audit actions
for Building Maintenance
Services. 
Chief Officer
Place
Ongoing Report will be presented to
a future Audit Committee.
3 Internal Audit Work to
February 2023
07/03/2023 Clarification to be provided
on ALEOs.
Chief Internal
Auditor
25/04/2023 
4 Internal Audit Work to
February 2023
07/03/2023 Fiona Robertson to report
back with regard to options in
relation grant application
assessment/scoring panels.
Executive
Director
Children, Young
People &
Partnerships
Ongoing 
Audit Committee
26 June 2023
Item No: 4.2  
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Audit Committee
Monday 26 June 2023 
Counter Fraud Annual Report 2022/23 
Report by Chief Internal Auditor 
Report for Decision 
1 Recommendations 
The Audit Committee is asked to:
a) Consider the counter fraud work undertaken during the year to
31 March 2023 in support of the Council’s counter fraud policy
and strategy; and
b) Note the outcomes of the counter fraud activity 2022/23. 
2 Purpose of Report/Executive Summary 
The purpose of the report is to make the Audit Committee aware of the
Council’s counter fraud responsibilities and the activities of the Integrity
Group and Corporate Fraud team in liaison with other services over the
past year as part of the arrangements to tackling fraud at the Council. 
Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s resources for delivery of
services, as part of protecting the public purse. Specific changes
associated with the Counter Fraud Strategy approved by Council on 25
August 2020 include: a focus on enhancing fraud prevention and
detection to improve Midlothian Council’s resilience to the risk of fraud,
theft, corruption and crime; and ensure these are embedded
preventative practices. 
Assurances about the effectiveness of the Council’s existing systems
and arrangements for tackling fraud can be taken from the outcomes
contained within this report. 
Date 18 May 2023 
Report Contact:
Duncan Stainbank  
duncan.stainbank@midlothian.gov.uk  
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3 Background 
3.1 The size and nature of the Council’s services, as with other large
organisations, puts the Council at risk of loss due to fraud, theft,
corruption and crime.  Having robust fraud prevention and investigation
arrangements in place contributes to safeguarding the Council’s
resources for delivery of services, as part of protecting the public purse. 
3.2 The Council approved a refreshed Counter Fraud Policy Statement and
Counter Fraud Strategy in 2020.  Specific changes associated with the
refreshed Counter Fraud Strategy include: a focus on enhancing fraud
prevention and detection to improve the Council’s resilience to the risk
of fraud, theft, corruption and crime; and ensure these are embedded
preventative practices. 
3.3 The primary responsibility for the prevention, detection and
investigation of fraud rests with management.  The Integrity Group is
an officer forum which has representatives from across the Council’s
Services to support management to fulfil their responsibilities in tackling
fraud, and it is chaired by the Executive Director Place. The purpose of
the Integrity Group is to improve the Council’s resilience to fraud,
corruption, theft and crime (including cybercrime and money
laundering).  It oversees the policy framework, agrees and monitors the
implementation of improvement actions, raises awareness as a method
of prevention, and performs self-assessments against best practice. 
3.4 Internal Audit is required to give independent assurance on the efficacy
of processes put in place by management to manage the risk of fraud.
The 2022/23 Internal Audit Annual plan included an audit of the
Council’s Counter Fraud Controls and Whistleblowing Arrangements. 
The findings from the audit were: the level of assurance over the
Council's Counter Fraud controls, policies and whistleblowing
arrangements is substantial. The Anti-Bribery Policy requires to be
reviewed and updated (if required) and the update of the
Whistleblowing Policy should be concluded. In addition, the Council’s
website should be updated to include all relevant counter fraud policies
and ensure the most recent versions have been uploaded. 
3.5 Part of the Audit Committee’s role is to review the assessment of fraud
risks and potential harm to the Council from fraud and corruption, and
to monitor the counter fraud strategy, actions and resources. 
3.6 Tackling fraud is not a one-off exercise; it is a continuous process
across all parts of the Council because the service delivery processes it
underpins are continuous. Tackling fraud is an integral part of good
governance within the Council and demonstrates effective financial
stewardship and strong public financial management. 
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4 Counter Fraud Activity during 2022/23 
4.1 The Counter Fraud Annual Plan 2022/23, setting out Corporate Fraud
activity at a high level, was approved by the Audit Committee on 14
March 2022.  All elements of the Counter Fraud planned work were
carried out, relating to activity at a high level as follows:
a) Contract Management
b) Corporate Fraud Enquiries
c) National Fraud Initiative
d) Social Housing
e) Council Tax
f) Corporate Fraud Policy Framework
g) Fraud Risk Assessments
h) Fraud Awareness Training
i) Integrity Group 
4.2 As specialist investigators, the Corporate Fraud Officers have
conducted significant and comprehensive work in respect of Contract
Management, liaised with Police Scotland as required, and
recommended improvements to reduce risks.  Regular meetings have
been held with the Chief Internal Auditor, Principal Internal Auditor and
Chief Procurement Officer (when in post) to foster collaborative working
on fraud risks and counter fraud controls over the Council’s end-to-end
procurement and contract management processes and procedures.  
4.3 The Corporate Fraud Team has dealt with 66 enquiries including 13
from the Midlothian Council website page “Report a possible crime,
fraud or similar concern” which is available to employees or the public
for whistleblowing purposes. Fraud Response Group meetings have
been held to share concerns and progress actions with relevant
Management. 
4.4 Midlothian Council continues to participate in the National Fraud
Initiative (NFI) 2022/2023 which is a UK wide counter-fraud exercise
led by the Cabinet Office and Audit Scotland. It uses data analytic
techniques to compare information about individuals held by different
public bodies, and on different systems, to identify circumstances (data
matches) that might suggest the existence of fraud or error. The
Principal Internal Auditor acts as the Council’s Key Contact for NFI and
the Corporate Fraud Team has coordinated the submission of the
required data sets from various Council systems and responded to the
data matches received to date with input from relevant Services across
the Council. Outcomes from the previous exercise (2020/22) that
haven’t previously been reported (they were concluded after the last
reported figures) are detailed in Appendix 2. 
4.5 The Corporate Fraud Team has received referrals from Housing
Officers during the year to investigate potential subletting or
abandonment of Council owned properties; 26 allegations of potential
tenancy fraud were investigated. 
4.6 The Corporate Fraud Team responded to 12 notifications of alleged
fraud associated with Council Tax Discounts and Exemptions during
the year to determine whether these discounts and exemptions are
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claimed legitimately, including Council Tax Reduction Scheme (CTRS)
and Single Person Discount (SPD). 
4.7 It is important that associated policies, procedures and guidelines
across the Council are regularly reviewed and updated, as appropriate,
to ensure that they keep pace with best practice in relation to fraud and
corruption prevention and detection. 
4.8 The Corporate Fraud Officers are members of the Scottish Local
Authority Investigators Group (SLAIG) to represent Midlothian Council.
They join SLAIG’s quarterly virtual meetings as a forum for sharing best
practice across Councils and the wider public sector, thus ensuring
their knowledge of emerging fraud risks and issues is up to date. Any
insights on fraud risk assessments are shared on a regular basis with
the Integrity Group. The Corporate Fraud Officers liaise throughout the
year with the Internal Audit Team to provide their view on the potential
fraud risk aspects of areas under review. 
4.11 The Integrity Group held 3 meetings during the year 2022/23 to
undertake its functions as set out in its Terms of Reference. The
Integrity Group is chaired by the Executive Director Place and has
representatives from HR, Finance, Legal, IT, Procurement, Internal
Audit and Corporate Fraud.                                                                                                                                                 
5 Outcomes of Counter Fraud Activity 2022/23 
5.1 It has been calculated, using Audit Scotland guidance (where relevant
for nominal values), that as a result of counter fraud activity a total
savings value of £360,070 has been identified during 2022/23. The
types of referrals and the outcomes are summarised in the table in
Appendix 1, with details provided below. 
5.2 As a result of the collaboration between Housing Officers and the
Corporate Fraud Team, 3 of the 26 allegations of potential tenancy
fraud that were investigated resulted in the return of a property to the
Council’s housing stock, which were subsequently made available to
those in genuine need of social housing. For each of the properties
identified the calculation, according to Audit Scotland guidance, is £93k
over 4 years, thus resulting in a saving of £279k. 
5.3 1 referral associated with Council Tax Discounts and Exemptions
relating to undeclared persons residing in the property, were
investigated and subsequently resulted in the removal of Council Tax
Single Person Discount, CTRS and Universal Credit being stopped
(£7,596). 
5.4 Outcomes of the Council’s continuing participation in the National
Fraud Initiative for 2020/21 that were not reported previously (due to
timing of the report) were £38,367. This resulted in a total outcome of
£718,557 for the 2020/21 exercise. These outcomes are detailed in
Appendix 2.  Analysis of the matches for the 2022/23 NFI exercise has
commenced and outcomes will be reported later in the year.   
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5.5 In conclusion, the Corporate Fraud Team in collaboration with other
Services have been successful in delivering the range of activity set out
in the Counter Fraud Annual Plan 2022/23 to support the Council’s
objectives. Tackling fraud is an ongoing process as the Council’s
internal and external operating environment changes. 
6 Report Implications (Resource, Digital, Risk and Equalities) 
6.1 Resource 
The Integrity Group will support Management across the Council with
counter fraud management by: overseeing the review of the counter
fraud policy framework in line with best practice; highlighting emerging
fraud and corruption risks, threats, vulnerabilities; agreeing fraud and
corruption mitigation actions; raising awareness of bribery, fraud and
corruption in the Council as a method of prevention. 
The staff resource set out in the Counter Fraud Annual Plan 2022/23
relates to 2 Corporate Fraud Officers, plus some management and
supervision provided by the Principal Internal Auditor and the Chief
Internal Auditor. The Corporate Fraud Officers collaborate with other
managers and employees across the Council to carry out the activity,
and support the Integrity Group. 
6.2 Digital 
None. 
6.3 Risk 
The size and nature of the Council’s services puts the Council at risk of
loss due to fraud, theft, corruption and crime. 
The Counter Fraud Policy sets out the roles and responsibilities for the
prevention, detection and investigation of fraud. The Counter Fraud
Strategy provides a shift in approach to focus on enhancing fraud
prevention and detection to improve Midlothian Council’s resilience to
the risk of fraud. The steer provided by the Integrity Group and the
work undertaken by the Corporate Fraud Team during 2022/23 in
collaboration with other services is aligned to the Policy and Strategy. 
6.4 Ensuring Equalities 
An Integrated Impact Assessment (IIA) Form was completed prior to
the presentation of the revised Counter Fraud Policy and Strategy that
were approved by the Council on 25 August 2020. 
6.5 Additional Report Implications (See Appendix A) 
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APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Although this report does not relate directly to the key priorities within
the Single Midlothian Plan (Reducing the gap in economic
circumstances; Reducing the gap in learning outcomes; Reducing the
gap in health outcomes; and Reducing the impact of climate change)
by preventing and detecting fraud, additional resources might be
available to support the Council’s objectives. Any loss of funds due to
fraud, theft, corruption or crime might impact on the ability of Midlothian
Council to achieve its key priorities. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
Midlothian Council is committed to creating a great place to grow
supported by the 9 drivers for change. Implementing the 9 drivers for
change in practice is applicable to the Council’s arrangements for
tackling fraud as set out in the Counter Fraud Policy Statement and
Counter Fraud Strategy. The shift to the key drivers for change is an
intrinsic part of the proposed change in approach and culture for the
Council for tackling fraud and corruption. For example:
(a) The formal establishment of an Integrity Group with a Terms of
Reference (approved by the Audit Committee on 22 June 2020)
shifting to more holistic working in multi-disciplinary forums to
tackle fraud in a consistent and collaborative way across the
Council;
(b) A focus on enhancing fraud prevention and detection to improve
Midlothian Council’s resilience to the risk of fraud, theft, corruption,
and crime and ensure these are embedded preventative practices; 
(c) Applying the minimum standard within the CIPFA Code of Practice
on ‘Managing the Risk of Fraud and Corruption (2014)’ for counter
fraud policy, strategy and other practices, and adopting the CIPFA
Counter Fraud Maturity Model as a means of self-assessment
moving forward will enable continuous improvement to be
evaluated, managed and evidenced; and
(d) Use of a blend of toolkits such as fraud risk assessments and e-
learning packages that can be tailored to specific Services. 
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A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s financial resources, for
delivery of services, as part of protecting the public purse. The Counter
Fraud Strategy (August 2020) states the Council will measure progress
against the CIPFA Counter Fraud Maturity Model as a self-assessment
approach to continuous improvement in order to be evaluated,
managed and evidenced to demonstrate best value in the use of
resources. 
A.5 Involving Communities and Other Stakeholders 
Ensuring awareness of the Whistleblowing facility to report areas of
concern is important in the approach to tackling fraud. The facility has
is being utilised by employees, those within communities or other
stakeholders. 
A.6 Impact on Performance and Outcomes 
The primary responsibility for the prevention, detection and
investigation of fraud rests with Management, supported by the
Corporate Fraud team. Internal Audit provides advice and independent
assurance on the effectiveness of processes put in place by
Management. The Findings and Recommendations from Internal Audit
work which are presented to the Audit Committee during the year
assists the Council in maintaining and / or enhancing fraud prevention
and detection controls. 
A.7 Adopting a Preventative Approach 
Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s financial resources, for
delivery of services, as part of protecting the public purse. A focus on
enhancing fraud prevention and detection to improve Midlothian
Council’s resilience to the risk of fraud, theft, corruption and crime, and
ensure these are embedded preventative practices are specific
changes associated with the Counter Fraud Strategy. 
A.8 Supporting Sustainable Development 
None.  
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Appendix 1 – Outcomes from Corporate Fraud Team activity on corporate fraud enquiries in 2022/23 
Type of Referral No. of
Referrals  Web  Phone  Email /
letter
No. with
Potential
Fraud
Detected
£
Fraud
Detected
Comments
Corporate Fraud
(Internal)
15 1 6 8 2 £73,474 Investigations undertaken in response to referrals from various
sources. 2 Investigation reports submitted to Senior Management
recommending disciplinary action and/or other action to be taken as
appropriate. Currently 1 criminal case from a previous year is with
Police Scotland Economic Crime Unit and has been reported to the
Procurator Fiscal.
This figure relates to monies recovered to date from the Insurers as
a result of the Roads Investigation. 
Housing Tenancy
Fraud
26 7  19 3 £279,000  26 referrals resulting in investigations which recovered 3 Council
houses, which were returned to the available housing stock. Value
for each property calculated as per Cabinet Office NFI Estimates
Outcomes Methodologies guidance (£93,000 over 4 years each).
Council Tax
Discounts &
Exemptions,
CTRS / SPD /
DWP Benefits
12   12 1 £7,596 Investigation relating to undeclared persons residing in the property,
subsequently resulting in removal of Council Tax single person’s
discount, CTRS & Universal Credit being stopped (overpayment
calculated as per Cabinet Office NFI Estimates Outcomes
Methodologies guidance).
DPA/SOCG
enquiries
7 1  6   1 Referral submitted to DWP SFIS to investigate further and 6
enquiries received from Police Scotland. 
Other  6 4 1 1   Investigations resulting in referrals being submitted to external
partners and internal services including City of Edinburgh Council,
Trading Standards and Economic Development. 
Total 66 13 7 46 6 £360,070 
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Appendix 2 – Total outcomes from Midlothian Council’s participation in the National Fraud Initiative 2020/2021 exercise 
Type No of
Matches
2020/2021
No of
matches
reviewed
Fraud or
Errors
Detected
Outcome
(overpayment)
Estimated
Savings
Total
Savings
Comments
Council Tax (SPD) 20  20 £26,267 £8,193 £34,460 Included 3 cases where CTRS was
also reduced and 1 case where
Housing Benefit was reduced, see
below for overpayment and
savings figures.
Housing Benefit 1  1 £3,056  £3,056 
Council Tax Reduction (CTRS) 3  3 £817 £34 £851 
Savings    £30,140 £8,227 £38,367 
Savings reported in 2022    £173,752 £506,438 £680,190 
Total savings for 2020/21 NFI
exercise   
£203,892 £514,665 £718,557 
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Audit Committee
Monday 26 June 2023 
Internal Audit Work to May 2023 
Report by Chief Internal Auditor 
Report for Decision 
1 Recommendations 
The Audit Committee is asked to:
a) Consider the Executive Summaries of the final Internal Audit
assurance reports issued associated with the delivery of the
approved Internal Audit Annual Plan 2022/23;
b) Note the Internal Audit Consultancy and Other Work carried out in
accordance with the approved Internal audit Charter; and
c) Acknowledge the assurance provided on internal controls and
governance arrangements in place for the areas covered by this
Internal Audit work. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to provide members of the Audit Committee
with details of the recent work carried out by Internal Audit and the
findings and recommended audit actions agreed by Management to
improve internal controls and governance arrangements. 
The Internal Audit Annual Plan 2022/23 was approved by the Audit
Committee on 14 March 2022. Internal Audit has carried out work
associated with the delivery of the Plan to meet its objective of
providing an opinion on the efficacy of the Council’s risk management,
internal control and governance. 
An Executive Summary of the final Internal Audit assurance reports
issued, including audit objective, findings, good practice and
recommendations (where appropriate), and the Chief Internal Auditor’s
independent and objective opinion on the adequacy of the control
environment and governance arrangements within each audit area, is
shown in Appendix 1. 
The Internal Audit function conforms to the professional standards as
set out in Public Sector Internal Audit Standards (PSIAS) (2017)
including the production of this report to communicate the results of the
reviews. 
Date 8 June 2023 
Report Contact:
Duncan Stainbank
duncan.stainbank@midlothian.gov.uk Page 23 of 166

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3 Progress Report 
3.1 The Internal Audit Annual Plan 2022/23 was approved by the Audit
Committee on 14 March 2022. Internal Audit has carried out the
following work in the period from 1 March to 31 May 2023 associated
with the delivery of the Plan to meet its objective of providing an
opinion on the efficacy of the Council’s risk management, internal
control and governance. 
3.2 The Internal Audit function conforms to the professional standards as
set out in Public Sector Internal Audit Standards (PSIAS) (2017),
including the production of this report to communicate the results. 
3.3 Internal Audit issued final assurance reports on the following subjects:
• Care at Home
• Construction Projects
• Mental Health Services 
3.4 An Executive Summary of the final Internal Audit assurance report
issued, including audit objective, findings, good practice and
recommendations (where appropriate), and the Chief Internal Auditor’s
independent and objective opinion on the adequacy of the control
environment and governance arrangements within each audit area, is
shown in Appendix 1.
The definitions for Internal Audit assurance categories are as follows:
Level Definition
Comprehensive
assurance
Sound risk, control, and governance systems are in place. These should be effective in mitigating
risks to the achievement of objectives. Some improvements in a few, relatively minor, areas may
be required.
Substantial
assurance
Largely satisfactory risk, control, and governance systems are in place. There is, however, some
scope for improvement as current arrangements could undermine the achievement of objectives
or leave them vulnerable to error or misuse.
Limited assurance Risk, control, and governance systems have some satisfactory aspects. There are, however, some
significant weaknesses likely to undermine the achievement of objectives and leave them
vulnerable to an unacceptable risk of error or misuse.
No assurance The systems for risk, control, and governance are ineffectively designed and operated. Objectives
are not being achieved and the risk of serious error or misuse is unacceptable. Significant
improvements are required. 
Internal Audit Consultancy and Other Work
3.5 Internal Audit staff have been involved in the following for the Council
to meet its aims and objectives, and its roles and responsibilities in
accordance with the approved Internal Audit Charter and Strategy:
a) In its critical friend role provided an independent view and challenge
at various forums including: Capital Plan Management Group, Chief
Officers Risk & Resilience Group, Integrity Group, UKSPF
Oversight Board and Information Management Group.
b) Learning and development during the research stage of new audit
areas for all Internal Audit team members and through joining virtual
audit forums (Computer Audit Sub-group) and meetings; and
c) Monitored publication of Audit Scotland reports. 
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3
Recommendations
3.6 Recommendations in reports are suggested changes to existing
procedures or processes to improve the controls or to introduce
controls where none exist. The grading of each recommendation
reflects the risk assessment of non-implementation, being the product
of the likelihood of the risk materialising and its impact: 
High: Significant weaknesses in existing controls, leaving the Council or Service open to error, fraud,
financial loss or reputational damage, where the risk is sufficiently high to require immediate action
within one month of formally raising the issue. Added to the relevant Risk Register and included in the
relevant Assurance Statement.
Medium: Substantial weaknesses in existing controls, leaving the Council or Service open to medium
risk of error, fraud, financial loss or reputational damage requiring reasonably urgent action within
three months of formally raising the issue.
Low: Moderate weaknesses in existing controls, leaving the Council or Service open to low risk of
error, fraud, financial loss or reputational damage requiring action within six months of formally raising
the issue to improve efficiency, effectiveness and economy of operations or which otherwise require to
be brought to attention of senior management.
Outwith the report, Internal Audit informs operational managers about other matters as part of
continuous improvement. 
3.7 The table below summarises the number of Internal Audit
recommendations made during 2022/23:
Recs Rating 2022/23 Number of Recs
High 0
Medium 10
Low 12
Sub-total reported this period 22
Previously reported 40
Total 62 
Recommendations agreed with action plan 62
Not agreed; risk accepted 0
Total 62 
4 Report Implications (Resource, Digital, Risk and Equalities) 
4.1 Resource 
Resource implications of implementing Internal Audit recommendations
are considered as part of the audit process to ensure these are
reasonable and proportionate to the risks. 
4.2 Digital 
There are no digital implications arising from this report. 
4.3 Risk 
The PSIAS require Internal Audit to evaluate the effectiveness of the
Council’s Risk Management arrangements and contribute to
improvements in the process. At the start of each audit engagement, to
capture potential areas of risk and uncertainty more fully, key
stakeholders have been consulted and risk registers have been
considered. During each audit engagement the management of risk
has been tested. 
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4
It is anticipated that improvements in the management and mitigation of
risks will arise as a direct result of Management implementing the
Internal Audit recommendations made. If audit recommendations are
not implemented, there is a greater risk of financial loss and/or reduced
operational efficiency and effectiveness, and Management may not be
able to demonstrate improvement in internal control and governance
arrangements, and effective management of risks. 
4.4 Ensuring Equalities 
This report does not relate to a new or revised policy, service or budget
change, which affects people (the public or staff), so an Integrated
Impact Assessment (IIA) is not an applicable consideration. 
The Internal Audit work is carried out in accordance with the
appropriate legislation and professional standards. The latter includes
compliance by those within the Internal Audit function with the Code of
Ethics set out in the PSIAS which is appropriate for the profession of
Internal Audit founded as it is on trust placed in its independent and
objective assurance about risk management, internal control and
governance. 
4.5 Additional Report Implications (See Appendix A) 
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APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Although this report does not relate directly to the key priorities within
the Single Midlothian Plan to which Midlothian Council and its
Community Planning Partners have made a commitment (Reducing the
gap in economic circumstances; Reducing the gap in learning
outcomes; Reducing the gap in health outcomes; and Reducing the
impact of climate change), good governance is important to enable
Midlothian Council to deliver its key priorities in support of achieving the
Council’s objectives. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
Midlothian Council is committed to creating a great place to grow
supported by the 9 drivers for change. Implementing the 9 drivers for
change in practice is applicable to the Council’s Internal Audit service
provision to assist the Council in achieving its objectives. 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
The definition of Internal Auditing within the Public Sector Internal Audit
Standards (PSIAS) is “Internal auditing is an independent, objective
assurance and consulting activity designed to add value and improve
an organisation’s operations. It helps an organisation accomplish its
objectives by bringing a systematic, disciplined approach to evaluate
and improve the effectiveness of risk management, control and
governance processes.” 
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6
Implementation by Management of the actions associated with Internal
Audit recommendations, that are designed to improve internal control
and governance arrangements and management of risks, underpins
the Council’s own continuous improvement arrangements to enhance
its effectiveness, thus supporting the delivery of the Council’s best
value duties. 
A.5 Involving Communities and Other Stakeholders 
The Chief Internal Auditor is accountable to the Audit Committee which,
in fulfilling its governance role, acts as a bridge between the Council
and other stakeholders. 
This report has been presented to the Corporate Management Team to
outline the key messages of assurance and areas of improvement.
Senior Management relevant to the areas audited have agreed the final
Internal Audit assurance reports as set out in the relevant Executive
Summary within Appendix 1. 
A.6 Impact on Performance and Outcomes 
The Findings and Recommendations from Internal Audit work during
the year are designed to assist the Council in improving its
performance and outcomes. 
A.7 Adopting a Preventative Approach 
Internal Audit assurance work includes assessments on when a
preventative approach can be adopted. 
A.8 Supporting Sustainable Development 
This report does not relate directly to supporting sustainable
development. Good governance is important to enable Midlothian
Council to achieve its objectives.
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APPENDIX 1 
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject:  Care at Home
Category: Assurance –
Risk Based 
Date issued: 
16 February 2023 Draft 
10 March 2023 Final 
Level of Assurance: 
Substantial for the
governance
arrangements,
procurement, external
provider monitoring,
and some of the
business continuity
planning undertaken by
the service.
Limited for the ability to
meet service demand,
performance monitoring
of the in-house service,
training uptake and
written procedures. 
The purpose of the audit was to review the controls over the Care at Home service to
ensure the Council is receiving value for money and adequate care is delivered. 
Midlothian Council is required under statute to provide care at home services to those
who are assessed as being in need. This is provided by the Council’s in-house Care at
Home service and by contracted external providers. Referrals are assessed by the
Resource Panel, given a priority rating, added to the care at home waiting list, and
provided a package of care when possible. Demand for the service continues to be high
and there is insufficient capacity to meet this level of demand.  As at December 2022,
the median wait time for the community waiting list was around 13 weeks and there
were 480 clients on the waiting list.  
The in-house service provides around 1,500 hours of care each week and is delivered
by 128 carers. The external Care at Home provision was retendered in 2021 and
contracts were awarded to 3 providers.  The contracts commenced in September 2021
and expire in August 2025 with the option to extend annually for a further 4 years.  The
contracts are split by geographical area with the 3 providers contracted to deliver 740,
1,680 and 1,565 hours of care per week.  Additionally, clients can elect to use an
alternative provider under the Self-Directed Support provisions (known as Option 2
agreements).  There are currently 4 providers delivering Care at Home Personal Care
under Option 2 Agreements totalling around 300 hours of care per week (excluding
Physical and Learning Disabilities providers).
Recruitment has continued to be challenging for both the in-house service and for
external providers.  2 of the external providers struggled to deliver the full contracted
hours in 2022 resulting in 1 provider reducing their weekly contracted hours.  The
Council is in discussion with the other provider and it has been reported that they are
putting significant resource into recruiting more care staff; their contracted hours have
not been changed at the time of reporting.  The Council continues to advertise for Care
Support Workers each month for the in-house service.  Management are exploring the
use of Care at Home agency providers via a Scotland Excel Framework to provide
more capacity. Rotas for the in-house service are recorded within the CM2000 care
management software. There is a Quality Assurance Officer post for the in-house
provision to assist with monitoring, analysing and reporting on performance and service
quality, however the post has been vacant for most of 2022 and there has been no
cover for this role.  A Quality Assurance Officer is in place to monitor the external Care
at Home providers. The Procurement Team provide contract compliance support and
monitor suppliers using Experian to check their financial health.
0 2 6 Management have
agreed the factual
accuracy and
findings of the
report, and agreed
to implement the
recommendations. 
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2
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject: Care at Home
(Cont’d)
Internal Audit considers that the level of assurance is substantial for the governance
arrangements, procurement, and external provider monitoring, and for some of the
business continuity planning undertaken by the service.  Assurance is limited for ability
to meet service demand, performance monitoring of the in-house service, training
uptake and written procedures.  Management have advised that they are improving
performance monitoring arrangements through development of a performance matrix
reported to Senior Management.  Overpayments were made to 2 providers (£176,289
to the 1,565 hours per week provider and £64,532 to the 740 hours per week provider)
due to them not providing the full contracted hours yet continuing to invoice for the full
contract amount.  The overpayment has been recovered from the 740 hours per week
provider and £94,734 is still outstanding from the 1,565 hours per week provider (as at
12/02/23).  The overpayments occurred due to inadequate monitoring of the number of
hours delivered against the number of hours invoiced.  Management, supported by
Financial Services, are now regularly monitoring the hours delivered by providers and
are liaising with the provider to recover the outstanding overpayment. There are
concerns over the financial status of the 1,565 hours per week provider which is being
monitored by management.
Internal Audit made the following recommendations:
• Care at Home risks within the strategic risk register and the service risk register
within the Pentana system should be regularly updated and consideration given to
escalating the risk.(Low)
• The review of the in-house Care at Home service should consider how the quality
assurance and performance monitoring tasks could be made more resilient. (Low)
• Written procedures should be implemented including how performance is
measured. (Low)
• Option 2 providers’ rates should reflect the rate approved at the Finance and
Performance Committee in June 2022.  Relevant providers should be informed of
the revised rate and the uplift backdated as required. (Low)
• Data quality issues with provider monitoring information should be addressed. 
Quality assurance monitoring should be in place for all providers including SDS
Option 2 providers.  Audits undertaken by the service should include an assurance
risk rating and priority of the action identified. (Low) 
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3 
• A review of route efficiency and travel time should be undertaken and these should
be regularly monitored in the CM2000 System.   A process of review should be
undertaken every time the ratio actual time to planned time drops below 70% to
establish if further hours care could be provided or if care provision is not being
adequately provided. Average travel time of greater than 20% should also be
reviewed as required to maintain this at or below 20%.  The ratio of actual time to
planned time for some carers being below 70% should be reviewed and aim
towards achieving an average travel time of 20% each week. (Medium)
• Mileage claim forms should be authorised by management prior to submission to
Employment and Reward.  The policy for Care at Home employees living outwith
the Midlothian boundary claiming mileage for journeys outwith the boundary should
be clarified by management and enforced as required.  Working papers should be
amended to include walkers in a separate tab so the total mileage for the period can
be easily reconciled to the CM2000 report extract. (Low) 
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4
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject:  Construction
Projects
Category: Assurance –
Cyclical 
Date issued: 
3 April 2023 Draft 
9 May 2023 Final 
Level of Assurance: 
Substantial Assurance  
Midlothian Council has a significant Capital Programme and as reported to the
February 2023 Council has agreed a prioritisation methodology and a prioritisation
review is underway using this approved methodology.  The capital plan prioritisation
process has not been reviewed as part of this audit; this audit focussed on the internal
procedures in place within the Development Team to manage recent and current
Midlothian Council tendered construction projects.  The management of Construction
Capital Projects is undertaken by the Development Team within the Place Directorate. 
The service has recently been restructured in response to the expansion of Midlothian’s
capital programme as additional capacity was needed to deliver the scale and
complexity of the emerging projects.  
In June 2021, a refreshed governance framework was agreed with five programme
Boards (Asset Management; Children & Young People Estate; Housing, Regeneration
and Development; and Transport, Energy and Infrastructure) and a Capital Plan
Monitoring Group reporting to the CP&AMB.  The project governance outlines the roles
and responsibilities for project management, the project stages and the key documents
that need to be completed as part of the project’s gateway process.  Project updates,
issues and risks are reported to the programme boards along with budget information,
current project spend and projected project spend.  
Individual construction projects are managed by Senior Project Managers and Project
Managers.  Senior Project Managers act as the principal lead for complex multi-million
pound projects and are responsible for the day to day management and effective
implementation of projects.  They manage reporting on projects to the relevant
Programme Managers and communicate progress of project delivery.  They monitor on
site works and manage performance and deliverables of multi-professional in house /
external project teams and specialist consultancies.  The Development Team has an in-
house Clerk of Works team of 5 FTE.  Previously many of the Clerk of Works’ tasks
were contracted out for construction projects and there were only 2 FTE Clerk of Works
officers.  Management have advised that having an in-house team has provided more
control over the Clerk of Works activities and greater assurance over the quality and
safety of the work on construction sites.
Internal Audit considers that the level of assurance is substantial over the Council’s
control framework to allow successful delivery of construction projects.  There is a
robust framework in place for capital projects to be planned, procured, managed,
monitored and reported on.  This was evidenced through a review of 9 capital projects
at different stages of development along with review of relevant documentation and
discussion with Project Managers.  
0 5 4 Management have
agreed the factual
accuracy and
findings of the
report, and agreed
to implement the
recommendations.
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5 
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject: Construction
Projects (Cont’d)
Internal Audit made the following recommendations:
• The overarching project management procedures need to be updated and finalised. 
Appropriate thresholds should be developed and followed as to when an
overarching project governance control document (such as a PDD and Project
Brief) are required.  Similarly appropriate requirements should be developed which
state when customer satisfaction reports, post project reviews, and project issues
logs and risk registers are required.  (Low)
• Appropriate service risk registers should be established in the Pentana
Performance System for the Development Team.  (Low)
• Management should ensure that project documentation is complete and an
appropriate audit trail is in place for all projects.  Consideration should be given to
implementing an email management solution as this would allow the service to have
more assurance on the completeness of project files and correspondence with
contractors.  The planned, extended use of BIM360 may also help in this regard. 
(Low)
• A final cost report should be completed for all financially significant projects, the
project issues section of the cost report completed, and all relevant projects above
appropriate determined criteria receive a dashboard update up to completion of the
final account.  (Medium)
• Management should review the procurement findings from the audit sample and
revise internal procurement procedures within the Development Team to address
the identified risks.  (Medium)
• Going forward, management should ensure Community Benefits are appropriately
monitored using the Cenefits system wherever possible.  Management should
consider inclusion of Community Benefits for all relevant projects, including VEAT
projects.  (Medium)
• Management should ensure that all projects use the appropriate change
management methodology and retain a copy of the digital authorisation of the
change form either by email or a PDF screen print.  (Low)
• Variations above a certain financial level, to be determined by the CP&AMB, should
require board or second officer approval.(Medium)
• A handover schedule should be completed for all significant construction projects to
ensure all relevant steps have been completed.   Additionally, confirmation should
be saved in the directory of the snagging list and that all Clerks of Works issues
have been addressed.  (Medium)     
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6 
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject: Mental Health
Services 
Category: Assurance –
Risk 
Date issued: 
01 May 2023 Draft 
07 June  2023 Final 
Level of Assurance: 
Substantial for budget
monitoring and
partnership working 
Limited for contract
monitoring; and
compliance with
procurement
regulations and the
Council’s FTPP policy 
Mental health services are provided by the Midlothian Health and Social Care
Partnership (HSCP) and third party suppliers including the third sector. Midlothian’s
HSCP works with partners through the Midlothian Health and Social Care Strategic
Planning Group which oversees mental health and wellbeing in Midlothian including
hospital services, community health, social care and third sector services.  The internal
provision provided includes supporting adults who have a diagnosed mental health
problem and who are in need of social support or referral to other services. The
demand on mental health services is high - 886 referrals were received from April 2022
to February 2023.   In August 2022, the Mental Health and Resilience Service
(MHARS) was launched. This a collaborative approach between the Midlothian HSCP
and a third party supplier to improve access to care and support for residents of
Midlothian who are experiencing crisis and/or distress with their mental health and/or
mental wellbeing. Since launching in August 2022, MHARS has successfully supported
510 residents of Midlothian (as of February 2023).
Within the Children, Young People and Partnerships Directorate, most mental health
services are delivered through a four-tiered model of care, from early intervention and
prevention through to a more specialist support. A range of support and interventions
are provided including pastoral care in schools, learning assistants, support and youth
workers, teachers and specialist resources such as social workers. Children and young
people (0-18 years) are referred to Child and Adolescent Mental Health Services
(CAMHS) if there are significant concerns about their mental health or wellbeing and
when difficulties are impacting upon their day to day functioning.
Currently there are workforce and recruitment challenges which includes Mental Health
Officers and Social Workers. 
Internal Audit considers that the level of assurance is substantial for budget monitoring
and partnership working. Assurance is limited for contract monitoring; and compliance
with procurement regulations and the Council’s FTPP policy. A small number of
providers were not meeting their targets and payments had been made for services not
provided (one payment recovered and one payment outstanding). 
0 3 2 Management have
accepted the factual
accuracy of the
report and its
findings, and agreed
to implement the
recommendations. 
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7
Report Summary of key findings and recommendations Recommendations Status
H M L
Mental Health
Services (Cont’d)
The Commissioning and Contracts Group (C&CG) has an oversight of all Health and
Social Care procurement in Midlothian however there is no C&CG within the Children,
Young People and Partnership Directorate.  Due to a lack of resource within
Procurement, the current C&CG will include reviewing procurement within Children and
Young People Partnership Directorate.  Internal Audit made the following
recommendations: 
• Management should ensure that they are compliant with Following the Public Pound
(FTPP) guidance: Service Level agreements (SLAs) should be in place and updated
if there is a variation in the agreement; SLAs should be signed by an authorised
signatory; risk assessments should be completed for large grants, and financial
checks for large grants should be undertaken. Grant application forms should be
updated to ensure compliance with relevant legislation (eg the Data Protection Act
2018, Freedom of Information Act 2002 and Subsidy Control Act 2022.) (Medium). 
• The Strategic Improvement Plan for Children and Young People (CYP) Mental Health
and Wellbeing needs to be formally agreed and implemented. Improvements are
required over performance information relating to providing wellbeing support service
to children and young people and obtaining more data from partners. (Medium)
• Service Level Agreements (SLAs) and contracts should be signed by an authorised
signatory (Low)
• Risk Registers should be reviewed and updated. (Low)
• Monitoring of performance should be undertaken for all providers ensuring that all
relevant performance templates are completed. The frequency of monitoring should
be increased for higher value contracts. Contracts where providers are not meeting
targets should be investigated and payments recovered for services not provided.
The IPS service letter of agreement should be in place and this should be signed by
an authorised signatory. (Medium)     
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Audit Committee
Monday 26 June 2023 
Internal Audit Annual Assurance Report 2022/23 
Report by Chief Internal Auditor 
Report for Decision 
1 Recommendations 
The Audit Committee is asked to:
a) Consider the Internal Audit Annual Assurance Report 2022/23 (Appendix 1),
and assurances contained therein; and
b) Provide any commentary thereon, including any further actions required by
Management. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to present to the Audit Committee the Internal
Audit Annual Assurance Report for the year to 31 March 2023 which includes
the Chief Internal Auditor’s independent assurance opinion on the adequacy of
Midlothian Council's overall control environment. 
The Public Sector Internal Audit Standards (PSIAS) require that the chief audit
executive, the Council’s Chief Internal Auditor, provides an annual internal
audit opinion and report on the adequacy and effectiveness of the Council’s
governance, risk management and internal controls to support the preparation
of the Annual Governance Statement. This is in support of the overall
governance arrangements of the Council, as set out in the Local Code of
Corporate Governance. 
To meet the requirements of the PSIAS, the Internal Audit Annual
Assurance Report 2022/23 (Appendix 1) includes the Chief Internal Auditor’s
annual opinion, provides details of the Internal Audit activity and performance
during the year to fulfil its role, and summarises the outcomes of assessments
of the Internal Audit service against the PSIAS. 
Date 9 June 2023 
Report Contact:
Duncan Stainbank
duncan.stainbank@midlothian.gov.uk
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3 Background 
3.1 The Local Authority Accounts (Scotland) Regulations 2014 that came into
force on 10 October 2014 require a local authority to operate a professional
and objective internal auditing service. This service must be provided in
accordance with recognised standards and practices in relation to internal
auditing. Recognised standards and practices are those set out in the Public
Sector Internal Audit Standards: Applying the IIA International Standards to
the UK Public Sector (PSIAS). The standards require internal audit to have
suitable operational independence from the organisation. 
3.2 The Public Sector Internal Audit Standards (PSIAS) 2017 require that:
“The chief audit executive [MLC’s Chief Internal Auditor] must deliver an
annual internal audit opinion and report that can be used by the organisation
to inform its governance statement. 
The annual internal audit opinion must conclude on the overall adequacy and
effectiveness of the organisation’s framework of governance, risk
management and control.
The annual report must incorporate:
• the opinion;
• a summary of the work that supports the opinion; and
• a statement on conformance with the Public Sector Internal Audit
Standards and the results of the quality assurance and improvement
programme.” 
3.3 The Terms of Reference of the Midlothian Council Audit Committee states:
• The Audit Committee is a key component of Midlothian Council’s
corporate governance. It provides an independent and high-level focus
on the audit, assurance and reporting arrangements that underpin good
governance and financial standards.
• The purpose of the Audit Committee is to provide independent
assurance to Elected Members of the adequacy of the risk
management framework and the internal control environment. It
provides independent review of Midlothian Council’s governance, risk
management and control frameworks, and overseas the financial
reporting and annual governance processes. It oversees Internal and
External Audit, helping to ensure efficient and effective assurance
arrangements are in place. 
4.        Internal Audit Annual Assurance Report 2022/23 
4.1 The Internal Audit Annual Assurance Report 2022/23 (Appendix 1) includes
the Chief Internal Auditor’s independent and objective opinion regarding the
adequacy and effectiveness of internal control within Midlothian Council to fulfil
the statutory role of Internal Audit, provides details of the Internal Audit activity
that supports the opinion and of the performance during the year, and
summarises the outcomes of assessments of the Internal Audit service against
the Public Sector Internal Audit Standards (PSIAS). 
4.2 The Internal Audit Annual Assurance Report 2022/23 provides assurances in
relation to the Council’s corporate governance framework that is a key
component in underpinning delivery of the corporate priorities within the Single
Midlothian Plan and will be used to inform the Annual Governance Statement
2022/23. 
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5 Report Implications (Resource, Digital, Risk and Equalities) 
5.1 Resource 
The Internal Audit function reports directly to the Chief Executive
(operationally) and the Audit Committee (functionally). The staff resource
originally during 2022/23 was 4.64 FTE, comprising Chief Internal Auditor (0.5
FTE – shared with Scottish Borders Council; 1.42 FTE Other shared Internal
Audit resources), Principal Internal Auditor (0.72 FTE), and Internal Auditor
(2.0 FTE). In June 2022 the arrangement for a shared Chief Internal Auditor
was terminated. For the majority of the 2022/23 year the resource was a
Principal Internal Auditor (0.72 FTE), and Internal Auditor (2.0 FTE). In
January 2023 a shared service with East Lothian Council for a Chief Internal
Auditor (0.5FTE) commenced, supplementary audit resources from Henderson
Loggie LLP has been arranged to assist with completion of the 2022/23
Internal Audit Plan. Henderson Loggie have provided 3 draft reports form work
completed between March 2023 and June 2023 which are with Council
management for comment.  Each member of the Internal Audit team has a
professional internal audit or accountancy qualification, and has suitable
experience, knowledge, skills and competencies (such as the Code of Ethics
set out in PSIAS and the Seven Principles of Public Life) needed to perform
the plan. 
There is a commitment by Midlothian Council to provide resource to the
Midlothian Health and Social Care Integration Joint Board (MIJB) as part of the
Council’s commitment to partnership working. Separate Plans and Reports are
presented to the MIJB Audit and Risk Committee. The audit opinion based on
work undertaken during the year to meet that commitment will be presented in
a separate Annual Assurance Report to the MIJB Audit and Risk Committee
and MIJB to fulfil that role. 
Budget monitoring of the Service is discussed by the Chief Internal Auditor
and the Principal Internal Auditor with the Financial Services Manager on a
quarterly basis to address any budgetary pressures. 
5.2 Digital 
There are no digital implications arising from this report. 
5.3 Risk 
The PSIAS require Internal Audit to evaluate the effectiveness of the Council’s
Risk Management arrangements and contribute to improvements in the
process. The Chief Internal Auditor’s opinion on the systems of internal
control, risk management and governance is set out within section 2 of the
Internal Audit Annual Assurance Report 2022/23 (Appendix 1). 
Internal Audit provides assurance to the Corporate Management Team and
the Audit Committee on the adequacy and effectiveness of internal controls
and governance within the Council, including risk management, and to
highlight good practice and recommend improvements. Key components of
the audit planning process include a clear understanding of the Council’s
functions, associated risks, and range and breadth of audit areas for inclusion
within the Annual Plan.
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It is anticipated that improvements in the management and mitigation of risks
will arise as a direct result of Management implementing the Internal Audit
recommendations made during the year or outstanding from previous years. 
Delivery of the Internal Audit services in conformance with the PSIAS will
enable the Council to meet the requirements of the Local Authority Accounts
(Scotland) Regulations 2014 to consider the findings of assessments as part
of the consideration of the system of internal control required by regulation 5. 
5.4 Ensuring Equalities 
This report does not relate to a new or revised policy, service or budget
change, which affects people (the public or employees), so an Integrated
Impact Assessment (IIA) is not an applicable consideration. 
The Internal Audit work is carried out in accordance with the appropriate
legislation and professional standards. This includes compliance by those
within the Internal Audit function with the Code of Ethics, set out in the PSIAS,
and the Seven Principles of Public Life (the Nolan Principles), set out in the
Employees’ Code of Conduct. This is appropriate for the profession of Internal
Audit, founded as it is on the trust placed in its independent and objective
assurance about risk management, internal control and governance. 
5.5 Additional Report Implications (See Appendix A) 
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APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Although this report does not relate directly to the key priorities within the
Single Midlothian Plan to which Midlothian Council and its Community
Planning Partners have made a commitment (Reducing the gap in learning
outcomes; Reducing the gap in health outcomes; Reducing the gap in
economic circumstances; and Reducing the impact of climate change), by
providing an independent and objective annual assessment of the adequacy
of the entire control environment, Internal Audit supports the Council to
achieve its objectives. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
Midlothian Council is committed to creating a great place to grow supported by
the 9 drivers for change. Implementing the 9 drivers for change in practice is
applicable to the Council’s Internal Audit service provision to assist the Council
in achieving its objectives. 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
The definition of Internal Auditing within the Public Sector Internal Audit
Standards (PSIAS) is “Internal auditing is an independent, objective assurance
and consulting activity designed to add value and improve an organisation’s
operations. It helps an organisation accomplish its objectives by bringing a
systematic, disciplined approach to evaluate and improve the effectiveness of
risk management, control and governance processes.” 
Implementation by Management of the actions associated with Internal Audit
recommendations, that are designed to improve internal control and
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own continuous improvement arrangements to enhance its effectiveness, thus
supporting the delivery of the Council’s best value duties. 
A.5 Involving Communities and Other Stakeholders 
Internal Audit’s purpose is to support the Council in its activities designed to
achieve its declared objectives for the benefit of Midlothian’s communities and
other stakeholders. 
The Chief Internal Auditor is accountable to the Audit Committee which, in
fulfilling its governance role, acts as a bridge between the Council and other
stakeholders. 
This report has been presented to the Corporate Management Team to outline
the key messages of assurance and areas of improvement. Senior
Management have been advised to take into account the findings from Internal
Audit work during the year when completing their internal control and
governance assurance statements as part of the annual self-evaluation and
assurance process for the Council’s Annual Governance Statement 2022/23. 
A.6 Impact on Performance and Outcomes 
The Findings and Recommendations from Internal Audit work during the year,
which are designed to maintain and / or enhance internal controls, governance
arrangements and risk management, assists the Council in improving its
performance and outcomes. 
A.7 Adopting a Preventative Approach 
Having robust internal controls, governance arrangements and risk
management in place contributes to safeguarding the Council’s resources for
delivery of services, as part of protecting the public purse. Internal Audit
assurance and consultancy activity is designed to improve operations and
assist the Council in accomplishing its objectives. 
A.8 Supporting Sustainable Development 
This report does not relate directly to supporting sustainable development.
Good governance, including the provision of an Internal Audit service, is
important to enable Midlothian Council to achieve its objectives.  
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APPENDIX 1
Chief Internal Auditor’s Annual Assurance Report and Opinion 2022/23 for
Midlothian Council
1 Introduction
1.1 It is Management’s responsibility to design and maintain proper risk management,
governance and internal control processes and systems to ensure probity in systems
and operations, including the prevention, detection and resolution of fraud and
irregularities. Management is also responsible for checking that the arrangements and
controls are operating effectively. These are known as the first and second lines which
are not fixed but evolve as the Council changes.
1.2 Internal Audit, as the third line, is an independent appraisal function established for
the review of the internal control system as a service to Midlothian Council. It
objectively examines, evaluates and reports on the adequacy of internal control as a
contribution to the proper, economic, efficient and effective use of resources and the
management of risk.
1.3 The Internal Audit activity adds value to the organisation (and its stakeholders) when
it considers strategies, objectives, and risks; strives to offer ways to enhance
governance, risk management and control processes; and objectively provides
relevant assurance.
1.4 The Objectives of Internal Audit are set out in its Charter:
“Internal Audit’s responsibility is to report to Midlothian Council on its assessment
of the adequacy of the entire control environment, through the Corporate
Management Team (‘senior management’) and the Audit Committee (the ‘board’
for the purposes of Internal Audit activity).
Internal Audit adds value to the organisation (and its stakeholders) by enhancing
governance, risk management and control processes and objectively providing
relevant assurance.
As part of Midlothian Council’s system of corporate governance, Internal Audit’s
purpose is to support the Council in its activities designed to achieve its declared
objectives”
1.5 The Public Sector Internal Audit Standards (PSIAS) (2017) requires that:
“The chief audit executive must deliver an annual internal audit opinion and report
that can be used by the organisation to inform its governance statement.
The annual internal audit opinion must conclude on the overall adequacy and
effectiveness of the organisation’s framework of governance, risk management and
control.
The annual report must incorporate:
• the opinion;
• a summary of the work that supports the opinion; and
• a statement on conformance with the Public Sector Internal Audit Standards and
the results of the quality assurance and improvement programme.”
1.6 This Annual Assurance Report provides the annual internal audit opinion to fulfil the
statutory role of Internal Audit and summarises the work carried out by Internal Audit
during the year to 31 March 2023 that underpins the opinion in accordance with the
Internal Audit Charter, Strategy and Annual Plan 2022/23. The report also states the
outcomes of assessments of the Internal Audit service against the PSIAS.
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2 Opinion on the systems of Internal Control, Risk Management and Governance
2.1 My opinion is that, based on our reviews, risk assessments and knowledge, the systems
of internal control, risk management and governance are generally adequate. There is
more work to be done with the implementation of Internal Audit recommendations
made in previous years associated with the strategic governance arrangements that
underpin procurement and contract management, and risk management. Internal
Audit Reviews throughout the year have provided substantial assurance against the
majority of the areas reviewed, and whilst no High rated recommendations have been
raised six of the reviews reported limited assurance in at least one area, being: PPP
Schools Contract Management, Freedom of Information, Utilities: Energy and Water
Consumption, Employability funded programmes, Care at Home, and Performance
Management. Recommendations made are being implemented to improve the control
environment in these areas. 
2.2 The Council’s Local Code of Corporate Governance, updated and approved by Council
in March 2021, complies with the CIPFA/SOLACE Framework ‘Delivering Good
Governance in Local Government’ (2016). This ensures that this key document
continues to be relevant and complete to reflect the appropriate framework for
effective governance of the Council’s affairs and facilitate the exercise of its functions
to deliver best value.
2.3 The Financial Regulations (approved June 2022), and associated policies, procedures
and guidelines have been reviewed, updated and developed, as appropriate, to reflect
changes arising from organisation structures and systems, and address
recommendations arising from Internal Audit findings. 
2.4 The Internal Audit review of Risk Management November 2021 concluded: Substantial
assurance in relation to Risk Management policy. A revised  Risk Management Policy
and Strategy was subsequently approved by Council in August 2022 and application of
principles at Strategic level with the Corporate Management Team and Audit
Committee receiving quarterly update reports from the Chief Officer Place on the most
significant and emerging risks; Limited assurance in relation to provision of Risk
training for Managers, inconsistent application of systematic risk management at
Service operational level, and 2nd line monitoring for assurance purposes; and made
recommendations which are designed to improve the application of the Risk
Management framework consistently across the Council. Progress has been made and
through recruitment of a new officer with responsibility for risk management further
work is being completed to enhance the risk management process across the Council
and ensure a training process is in place. 
2.5 Whilst activity had commenced to strengthen the procurement function, with the
appointment of a Chief Procurement Officer, this post became vacant during the year
and remains vacant. Further improvements over the Council’s procurement and
contract management are required as there were examples of contracts not being
retendered when the existing contract had expired, inappropriate use of Non
Competitive Action forms, procurement resource constraints, and the contracts
register being incomplete. On appointment of a new Chief Procurement Officer there
will be a need to enhance internal controls within procurement processes and
procedures to enable compliance with expected standards, and improve the integrity
of the contracts register. Further work is required to fully implement
recommendations made in previous years’ audits to ensure there is a system in place
to manage contracts, and resource to undertake contract monitoring to ensure that
the controls are operating effectively, are sustainable and demonstrate delivery of
value for money.
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2.6 Further improvements in internal control, risk management and governance have
been agreed by Management, as highlighted in Internal Audit reports and through
recommendations made during the year or outstanding from previous years. It is
important that Management continue to monitor and oversee the implementation of
Internal Audit recommendations on a regular basis to demonstrate continuous
improvement and to address identified risks.
3 Internal Audit Annual Plan 2022/23 Delivery
3.1 The Internal Audit team continue to work from home, facilitated by the use of MS
Teams and access to network drives and business applications. The team attend
Council premises as necessary to obtain information or assurances as required. There
has been no impairment to the independence or objectivity of the Internal Audit
function arising from deployment to non-audit work or from consulting work during
the year.
3.2 The revisions to the Internal Audit Annual Plan 2022/23 were approved by the Audit
Committee. The following Audits have been removed from the 2022/23 Audit Plan in
February 2023:
• Workforce Planning (Assurance-Risk) Delayed awaiting service staff appointments.
(7 February 2023 - Internal Audit Mid-Term Performance Report 2022/23).
• Health & Safety (Assurance - Risk) Delayed as external assessment of Health and
Safety is being completed. (7 February 2023 - Internal Audit Mid-Term
Performance Report 2022/23).
• School Budgets Devolved School Management (Assurance - Risk) delayed until the
2023/24 audit plan as a result of the resource constraints within the year. (7
February 2023 - Internal Audit Mid-Term Performance Report 2022/23).
3.3 It is further noted that a review of Complaints (Assurance – Cyclical) has been removed
from the Audit plan for 2022/23 awaiting the implementation of the new Granicus
system. The Review of Justice Services that had been agreed in February 2023 to not
be completed was included in place of this audit. Due to resourcing constraints audits
of Children’s Residential and Day Services and Schools.     
3.4 The range and breadth of Internal Audit work, which amounts to 89% completion of
the revised Internal Audit Plan, performed during the year, which is listed below, is
sufficient to inform the Internal Audit assurance opinion. 
Cyclical Audits
3.5 To provide assurance on the internal controls in place and perform testing of
transactional data relating to service areas and systems selected from the Audit
Universe on a cyclical basis within a 5-year period, reviews included (date reported to
Audit Committee):
• Annual Assessment of Internal Controls and Governance (Continuous audit
approach to follow-up on implementation of actions for Areas of Improvement set
out in the Annual Governance Statement 2022/23. Annual evaluation against the
Local Code of Corporate Governance to determine whether the arrangements are
operating as described. Prepare this Annual Assurance Report forming the
statutory opinion on the adequacy of the Council’s arrangements for risk
management, governance and internal control.) – 26 June 2023.
• PPP Schools Contract Management and payment mechanism (Review of the
contract management arrangements over the Council’s schools PPP (public-private
partnership) contracts and the Not for Profit Distributing Model (NPDM) contract
including review of the monthly payment mechanism.)  – 6 December 2022.
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• Accounts Receivable - Sundry Debt (Review of controls in place to set fees and
charges for services, raise invoices promptly, and collect debts efficiently resulting
in debtors' balances that are complete, accurate and recoverable including review
of VAT treatment.) – 7 February 2023.
• Construction projects / social housing programme (Review of the adequacy of the
control framework established by management to allow successful delivery of
Midlothian Council tendered construction projects including the Social Housing
Programme.) – 26 June 2023.
• Counter Fraud and Whistleblowing arrangements (Review of the Council's Counter
Fraud controls, including policies and whistleblowing arrangments.) – 29 June
2022.
• Freedom of Information (Review of the controls in place to ensure Freedom of
Information and Environmental Information Regulation requests are dealt with
adequately and in a timely manner.  This included a review of the implementation
of the new customer services platform for the FOI and EIR module .) – 6 December
2022.
• Street Lighting (Review of the controls over the installation of new lighting and the
maintenance of existing lighting.) – 6 December 2022.
• Purchasing Cards (Review of the controls over the use of purchasing cards ensuring
expenditure incurred is valid, appropriate and represents value for money.)  Audit
complete - draft report with management for review and will be reported
September 2023.
• Utilities: Energy and Water Consumption (Review of the controls over the
consumption of utilities ensuring utilisation is adequately controlled and
represents value for money.) – 7 February 2023.
Risk Based Audits
3.6 To provide assurance on the internal controls, risk management and governance
arrangements associated with strategic and operational frameworks in place for the
efficient and effective delivery of objectives, reviews included (date reported to Audit
Committee): 
• Employability funded programmes – (CLL review of employability funded
programmes under the terms of the associated agreements to assess compliance
with the requirements and delivery of outcomes.)– 7 February 2023.
• Criminal Justice (Review of the Social Work Justice Services arrangements, with a
specific focus around financial controls and reporting (both internally within the
Council and to external parties.) – Audit complete - draft report with management
for review and will be reported September 2023.
• Systems Development, maintenance and support (Continual audit approach for
the governance of the developing process for improvement in Systems
Development, including the development of a programme management office
including regular review with the Chief Digital Officer.) – 26 June 2023.
• Information Governance (to review the adequacy and effectiveness of controls and
processes for information governance with a view to providing an opinion on the
extent to which risks in this area are managed.) – Audit complete - draft report
with management for review and will be reported September 2023.
• Financial Sustainability in Future Years (Continual audit approach covering the
governance and financial management processes for budget setting and agree the
Council’s Blueprint/Strategic Plan, aligned to the Medium Term Financial Strategy,
leading to a multi-year financial plan) – 26 June 2023.
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• Care at Home (Review of the contract management arrangements over the care at
home contract to ensure that the Council is receiving value for money.) – 26 June
2023.
• Performance Management & Performance Indicators (Testing of a sample of
performance indicators to ensure that they are complete, accurate, based on
current data and conform to the stipulated criteria.) – 7 February 2023.
Consultancy
3.7 In its ‘critical friend’ role, Internal Audit provided an independent view and challenge
at various forums including Business Transformation Board, Capital Planning and Asset
Management Board, Capital Plan Management Group, Learning Estate Board,
Information Management Group, and Cyber Defence Group. 
Other Audit Work
3.8 During the year, resources were deployed in undertaking the following other audit
work in support of the Internal Audit function meeting its wider objectives as set out
in the Internal Audit Charter:
• PSIAS Self-Assessment (Undertook an annual self-assessment of the Internal Audit
service against the Public Sector Internal Audit Standards (PSIAS) and report its
findings to Management and the Audit Committee).
• MLC Audit Committee Self-Assessment (Provided assistance to the Chair in
undertaking a self-assessment of the Audit Committee against the CIPFA best
practice guidance leading to a report to Council in June 2022, the current
assessment will be completed later in 2023 to allow for a full year of operation of
the new Committee and consideration against the revised 2022 CIPFA guidance).
• MLC Recommendation Follow-Up Reviews (Undertook two reviews. The first
included a sample check of Audit Recommendations which are flagged as closed,
to check that they have been effectively implemented and to ensure that the new
controls had the desired effect on improving internal controls, risk management
and governance; and the second assessed performance against closing Audit
Recommendations by the agreed due date).
• Help Desk Enquiry System (Provided guidance and advice on request to
Management and Staff on internal controls and governance).
• MLC Administration of Audit Scotland Reports (Monitored publication of Audit
Scotland reports and co-ordinated submission by Management of Audit Scotland
Reports to the Audit Committee or other Committee as relevant).
• Risk Management and Integrity Groups (Attended the virtual forums and provided
support in the form of relevant Internal Audit updates and advice to the Groups to
fulfil their roles).
• MLC Boards / Committees (Prepared for and attended virtual Audit Committee
meetings and other Boards/Committees as relevant).
• MLC Audit Planning for 2023/24 (Reviewed and updated the Internal Audit Charter
and Internal Audit Strategy. Reviewed and extensively updated the Audit Universe
to develop and consult on the proposed coverage within the Internal Audit Annual
Plan for 2023/24). 
Non MLC Work
3.9 The MLC Internal Audit team has carried out assurance work during the year for the
Midlothian Integration Joint Board (MIJB) based on a plan approved by the MIJB Audit
and Risk Committee in March 2022. An annual assurance report, including audit
opinion on the adequacy of the MIJB’s arrangements for risk management, governance
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and control of the delegated resources, will be presented to the MIJB Audit and Risk
Committee and then to the MIJB in due course.
4 Public Sector Internal Audit Standards and Quality Assurance & Improvement Plan
4.1 The professional standards as set out in Public Sector Internal Audit Standards (PSIAS)
effective 1 April 2013 (updated 2017) include:
➢ Definition of Internal Auditing;
➢ Code of Ethics;
➢ Attribute Standards (Purpose, Authority and Responsibility; Independence and
Objectivity; Proficiency and Due Professional Care; Quality Assurance and
Improvement Programme);
➢ Performance Standards (Managing the Internal Audit Activity; Nature of Work;
Engagement Planning; Performing the Engagement; Communicating Results;
Monitoring Progress; Communicating the Acceptance of Risks).
4.2 The annual self-assessment 2022/23 of Internal Audit practices against the Standards,
as required by the PSIAS, was carried out in March/April 2023 taking into account the
progress with implementation of improvement actions arising from the previous year’s
self-assessment, as set out in the Quality Assurance and Improvement Plan (QAIP).
4.3 The 2022/23 self-assessment has indicated Internal Audit ‘Fully Conforms’ with the
requirements within the 13 Assessment Areas of the Definition of Internal Auditing,
the Code of Ethics, Attribute Standards and Performance Standards. The following
improvements arising from the 2021/22 self-assessment have been implemented
during 2022/23: 
(a) Develop a new Audit Consultancy Report template.
(b) Develop a new template to ensure consistency in Audit Exit meetings.
(c) Destroy paper audit files in line with retention policy.
The following improvement actions arising from the 2022/23 self-assessment are
being implemented within the audit team to apply the quality management system in
2023/24:
(1) Develop appropriate methodology to formally document service feedback. 
(2) Ensure usage of available training budget against key annual audit priorities.
(3) Clearly link completed audit reviews to the Single Midlothian Plan. 
4.4 The PSIAS requires the self-assessment to be subject to an External Quality Assessment
(EQA) each five years, by appropriately qualified and independent reviewers. To
achieve this, an “EQA Peer Review Framework” was developed by the Scottish Local
Authorities Chief Internal Auditors Group (SLACIAG), with Midlothian Council’s first
EQA in March 2018 carried out by Highland Council. SLACIAG has refined its “EQA Peer
Review Framework” based on lessons learned and a programme for the second phase
has been finalised. Midlothian Council’s EQA is expected to be carried out by East
Renfrewshire Council during 2023, to meet the requirements. 
Duncan Stainbank Bsc (Hons) CPFA
Chief Internal Auditor
9 June 2023 
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Audit Committee
Monday 26 June 2023 
Draft Annual Governance Statement 2022/23 
Report by Chief Executive 
Report for Decision 
1 Recommendations 
The Audit Committee is asked to:  
a) Consider the details of the draft Annual Governance Statement
2022/23 at Appendix 1 to ensure it reflects the risk environment
and governance in place to achieve objectives, and acknowledge
the actions identified by Management to improve internal controls
and governance arrangements; and 
b) Approve that it be published in the Council’s Statement of Accounts
2022/23, noting the requirement for the final Annual Governance
Statement to be signed by the Chief Executive and Leader of the
Council at the conclusion of the external audit process. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to propose that the Audit Committee
considers and approves the draft Annual Governance Statement that
will be published in the Council’s Statement of Accounts 2022/23. 
Midlothian Council is responsible for ensuring that its business is
conducted in accordance with the law and proper standards, and that
public money is safeguarded and properly accounted for, and used
economically, efficiently and effectively. 
The Council’s Local Code of Corporate Governance that was approved
by Council on 23 March 2021 was used to assist with the annual
assurance process 2022/23. 
The draft Annual Governance Statement 2022/23, which is appended
to this report as Appendix 1 for consideration, is the output from the
annual assurance process and review against the updated Local Code. 
Date 9 June 2023 
Report Contact:
Duncan Stainbank
duncan.stainbank@midlothian.gov.uk  
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3 Background 
3.1 Midlothian Council is responsible for ensuring that its business is
conducted in accordance with the law and proper standards, and that
public money is safeguarded and properly accounted for, and used
economically, efficiently and effectively. 
3.2 Fundamentally Corporate Governance is about openness, integrity and
accountability. It comprises the systems and processes, and cultures
and values by which the authority is directed and controlled and
through which it accounts to, engages with and, where appropriate,
leads its communities. 
4 Annual Assurance Process 2022/23 
4.1 The CIPFA/SOLACE Framework urges local authorities to review the
effectiveness of their existing governance arrangements against their
Local Code, and prepare a governance statement and report
compliance on an annual basis. 
4.2 The Audit Committee is integral to overseeing independent and objective
assurance and monitoring improvements in internal control and
governance. Its Terms of Reference includes ‘To review the Annual
Governance Statement prior to approval and consider whether it
properly reflects the risk environment and supporting assurances’. 
4.3 The Internal Audit function undertook an assessment of the Local Code
of Corporate Governance and identified areas of further improvement
to enhance the effectiveness of internal control and governance
arrangements and compliance against the Local Code. 
4.4 Progress with implementation of actions regarding previously identified
improvement areas of governance has also been evaluated.   
4.5 The draft Annual Governance Statement 2022/23 at Appendix 1, in
compliance with the CIPFA/SOLACE Framework, provides details of
the Council’s Governance Framework, the annual Review of
Framework undertaken, Improvement Areas of Governance, and
Overall Opinion. 
4.6 It is the Chief Executive’s opinion that reasonable assurance can be
placed upon the adequacy and effectiveness of Midlothian Council’s
systems of internal control and governance. Although areas for further
improvement have been identified, the annual review demonstrates
sufficient evidence that the Council’s Local Code of Corporate
Governance is operating effectively and that the Council complies with
that Local Code in most respects to meet its principal objectives.
Systems are in place to regularly review and improve governance
arrangements and the system of internal control. 
4.7 The draft Annual Governance Statement 2022/23 is informed by the
assessment of compliance against the Local Code, written assurance
statements from the Executive Directors, Internal Audit annual opinion
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3
and findings and recommendations, and comments and
recommendations made by External Auditor and other external scrutiny
bodies and inspection agencies. 
5 Report Implications (Resource, Digital, Risk and Equalities) 
5.1 Resource 
The overall aim of the CIPFA/SOLACE Framework ‘Delivering Good
Governance in Local Government’ (2016), on which Midlothian
Council’s Local Code of Corporate Governance is framed, is to ensure
that:
• resources are directed in accordance with agreed policy and
according to priorities;
• there is sound and inclusive decision making; and
• there is clear accountability for the use of those resources in order
to achieve desired outcomes for service users and communities. 
Core principle of good governance “E. Developing the entity’s capacity,
including the capability of its leadership and the individuals within it” is
included within the CIPFA/SOLACE Framework. Workforce and elected
member development are a key part of the good governance
framework within the Council’s Local Code of Corporate Governance. 
5.2 Digital 
There are no digital implications arising from this report. 
5.3 Risk 
The review and update of the Local Code of Corporate Governance
during 2022/23 ensures that internal controls, risk management and
other governance arrangements reflect the arrangements in place on
an evidence-basis. The draft Annual Governance Statement 2022/23
details areas where additional work would further enhance the internal
control environment, or improve risk management and corporate
governance arrangements. 
Core principle of good governance “F. Managing risks and performance
through robust internal control and strong public financial management”
is included within the CIPFA/SOLACE Framework. Midlothian Council’s
Local Code of Corporate Governance sets out evidence of systems,
processes and documentation to demonstrate local compliance with
this core principle of good governance. 
5.4 Ensuring Equalities 
This report does not relate to a new or revised policy, service or budget
change, which affects people (the public or staff), so an Integrated
Impact Assessment (IIA) is not an applicable consideration. 
The application of equalities legislation within practices is set out in
Midlothian Council’s Local Code of Corporate Governance to
demonstrate compliance of core principle of good governance “A.
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4
Behaving with integrity, demonstrating strong commitment to ethical
values, and respecting the rule of law”.  
5.5 Additional Report Implications (See Appendix A) 
APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Good governance is important to enable Midlothian Council to deliver
its key priorities in support of achieving the Council’s objectives as set
out in the Single Midlothian Plan (Reducing the gap in economic
circumstances; Reducing the gap in learning outcomes; Reducing the
gap in health outcomes; and Reducing the impact of climate change). 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
Midlothian Council is committed to creating a great place to grow
supported by the 9 drivers for change. Implementing the 9 drivers for
change in practice is embedded in the Council’s Local Code of
Corporate Governance to assist the Council in achieving its objectives. 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
The overall aim of the CIPFA/SOLACE Framework ‘Delivering Good
Governance in Local Government’ (2016), on which Midlothian
Council’s Local Code of Corporate Governance is framed, is to ensure
that: resources are directed in accordance with agreed policy and
according to priorities; there is sound and inclusive decision making;
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5
and there is clear accountability for the use of those resources in order
to achieve desired outcomes for service users and communities. 
This will enable the Council to fulfil its obligations to provide best value
service delivery to its citizens. 
A.5 Involving Communities and Other Stakeholders 
Core principle of good governance “B. Ensuring openness and
comprehensive stakeholder engagement” is included within the
CIPFA/SOLACE Framework. Midlothian Council’s evidence of systems,
processes and documentation to demonstrate local compliance with
this core principle of good governance is set out in its Local Code of
Corporate Governance. 
The Council’s Corporate Management Team was engaged in the
review and finalisation of the updated Local Code of Corporate
Governance (approved by Council on 23 March 2021), and the update
of the evidence to demonstrate good governance which reflects the
current operating environment. 
A.6 Impact on Performance and Outcomes 
The annual self-assessment and the identification of improvement
actions as evidenced through the draft Annual Governance Statement
2022/23 are designed to enhance the internal control environment, and
risk management and corporate governance arrangements. 
This demonstrates the core principle of good governance “G.
Implementing good practices in transparency, reporting, and audit to
deliver effective accountability” included within the CIPFA/SOLACE
Framework. 
A.7 Adopting a Preventative Approach 
Core principle of good governance “D. Determining the interventions
necessary to optimise the achievement of the intended outcomes” is
included within the CIPFA/SOLACE Framework. Prevention
governance arrangements are a key part of the good governance
framework within the Council’s Local Code of Corporate Governance. 
A.8 Supporting Sustainable Development 
Core principle of good governance “C. Defining outcomes in terms of
sustainable economic, social, and environmental benefits” is included
within the CIPFA/SOLACE Framework. Midlothian Council’s evidence
of systems, processes and documentation to demonstrate local
compliance with this core principle of good governance is set out in its
Local Code of Corporate Governance. 
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Draft Annual Governance Statement 2022/23
Introduction
The Annual Governance Statement explains how the Council has complied with the terms of the
CIPFA/SOLACE Framework (2016) for the year ended 31 March 2023, sets out the Council’s
governance arrangements and systems of internal control, and reports on their effectiveness. The
statement also covers relevant governance matters as they affect those entities included as part of
the Council’s Group Accounts.
Scope of Responsibility 
Midlothian Council is responsible for ensuring that its business is conducted in accordance with the
law and proper standards, and that public money is safeguarded and properly accounted for. The
Council also has a statutory duty of Best Value under the Local Government in Scotland Act 2003 to
make arrangements to secure continuous improvement and performance, while maintaining an
appropriate balance between quality and cost; and in making these arrangements and securing that
balance, to have regard to economy, efficiency and effectiveness.
In discharging this overall responsibility, elected members and senior officers are responsible for
putting in place proper arrangements for the governance of Midlothian Council’s affairs and
facilitating the exercise of its functions in a timely, inclusive, open, honest and accountable manner.
This includes setting the strategic direction, vision, culture and values of the Council, effective
operation of corporate systems, processes and internal controls, engaging with and, where
appropriate, lead communities, monitoring whether strategic objectives have been achieved and
services delivered cost effectively, and ensuring that appropriate arrangements are in place for the
management of risk.
The system can only provide reasonable and not absolute assurance of effectiveness.
Framework for Good Governance
The overall aim of the CIPFA/SOLACE Framework ‘Delivering Good Governance in Local
Government’ (2016) is to ensure that: resources are directed in accordance with agreed policy and
according to priorities; there is sound and inclusive decision making; and there is clear accountability
for the use of those resources in order to achieve desired outcomes for service users and
communities.
The Framework defines the seven core principles of good governance, namely:
A.  Behaving with integrity, demonstrating strong commitment to ethical values, and respecting
the rule of law;
B.  Ensuring openness and comprehensive stakeholder engagement;
C.  Defining outcomes in terms of sustainable economic, social, and environmental benefits;
D.  Determining the interventions necessary to optimise the achievement of the intended
outcomes;
E.  Developing the entity’s capacity, including the capability of its leadership and the individuals
within it;
F.  Managing risks and performance through robust internal control and strong public financial
management; and
G. Implementing good practices in transparency, reporting, and audit to deliver effective
accountability.
The Council’s Local Code of Corporate Governance, which is consistent with the principles and
recommendations of the CIPFA/SOLACE Framework and the supporting guidance notes for Scottish
authorities (November 2016), and was approved by Council in March 2021.  
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The Council’s Governance Framework 
The key elements of the Council’s governance arrangements, as set out in the Council’s Local Code
of Corporate Governance, include:
A. Behaving with integrity, demonstrating strong commitment to ethical values, and respecting rule of law
The roles and responsibilities of elected members and officers and the processes to govern the
conduct of the Council’s business are defined in standing orders and scheme of delegation for
officers, scheme of administration, and financial regulations.
Codes of conduct are in place for and define the high ethical values and standards of behaviour
expected from elected members and officers to make sure that public business is conducted with
fairness and integrity.
The Monitoring Officer is responsible for ensuring that agreed procedures are followed and that all
applicable statutes and regulations are complied with. The Standards Committee is responsible for
dealing with matters relating to conduct and ethical standards.
The Council seeks feedback from the public through its complaints and comments procedures for
Corporate and Social Work (statutory) service areas, responds to the outcomes, as appropriate, and
reports the results annually.
Professional advice on the discharge of statutory social work duties was provided during the year to
the Council by the Chief Officer Children’s Services, Partnerships and Communities (Chief Social
Work Officer). The CSWO promotes values and standards of professional practice and acts as the
'agency decision maker' taking final decisions on a range of social work matters including adoption,
secure accommodation, guardianship, etc. The CSWO reports annually on the statutory work
undertaken, regulation and inspection, workforce issues and significant social policy themes.
B. Ensuring openness and comprehensive stakeholder engagement
Council meetings are held in public unless there are good reasons for not doing so on the grounds
of confidentiality. When Council and Committee meetings are held using a virtual platform they are
live-streamed to ensure public access, and recordings can be accessed from the Council’s website.
Unless confidential, decisions made by Council or other Committees are documented in the public
domain. All decisions are explicit about the criteria, rationale and considerations used. The impact
and consequences of all decisions are clearly set out.
The Council seeks community views on a wide range of issues and undertakes regular consultation
and engagement with citizens and service users.
C. Defining outcomes in terms of sustainable economic, social, and environmental benefits
The Council’s vision, strategic objectives and priorities are set out in the Single Midlothian Plan
developed through the Community Planning Partnership (of which the Council is a partner). The
Council’s Medium Term Financial Strategy and Service Plans outline how Midlothian Council will
deliver its contribution to the Single Midlothian Plan.
Capital investment at a strategic level is structured to consider and balance the combined economic,
social and environmental impact of policies and plans when taking decisions about service provision.
Asset management planning is being developed to support this.
The Council supports community empowerment and recognises the importance of building
community capacity and volunteering as a key factor in building stronger, safer, and supportive
communities. 
Implications are considered during the decision making process within the standard report template
covering Resources, Risk, Single Midlothian Plan and Key Priorities, Impact on Performance and
Outcomes, Adopting a Preventative Approach, Involving Communities and Other Stakeholders,
Ensuring Equalities, Supporting Sustainable Development, and IT issues.
D. Determining the interventions necessary to optimise the achievement of the intended outcomes
Decision makers receive detailed information indicating how intended outcomes would be achieved
together with the risks, financial and other implications associated with the proposals, by way of the
compulsory sections of the Committee report template.
In determining how services and other courses of action should be planned and delivered the Council
is increasingly engaging with internal and external stakeholders. The Council fosters effective
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relationships, collaborative working and contractual arrangements with other public, private, and
voluntary organisations in delivering services that meet the needs of the local community including
the achievement of ‘social value’ (community benefits) through service planning and commissioning.
E. Developing the entity’s capacity, including the capability of its leadership and the individuals within it
The roles of officers are defined in agreed job descriptions. Staff performance is reviewed on an
annual basis in accordance with the relevant appraisal processes in place during the year.
The Chief Executive is responsible and accountable to the Council for all aspects of management
including promoting sound governance, providing quality information/support to inform decision
making and scrutiny, supporting other statutory officers, and building relationships with all
Councillors.
The Elected Members Induction Programme took place following elections in May 2022 and is
periodically supplemented by training events, seminars and briefings. Members appointed to certain
committees have also received specific training related to the responsibilities on these committees
e.g. licensing, planning, audit.
F. Managing risks and performance through robust internal control & strong public financial management
The Council has overall responsibility for directing and controlling the organisation. The Cabinet is
the principal decision-making committee of the Council. The Performance Review and Scrutiny
Committee is responsible for reviewing performance against policy objectives and commenting on
decisions and policies and their impact.
The Council is refreshing its risk management policy and approach whose main priorities are the
robust systems of identification, evaluation and control of risks which threaten the Council’s ability
to meet its objectives to deliver services to the public.
The Acting Chief Financial Officer (the Section 95 officer) is responsible for the proper
administration of all aspects of the Council’s financial affairs including ensuring appropriate advice
is given to the Council on all financial matters. 
The Council’s system of internal financial control is based on a framework of financial regulations
(updated in June 2022), regular management information, administrative procedures (including
segregation of duties), management supervision and a system of delegation and accountability.
The Council has an approved strategy to tackling fraud, theft, corruption and crime, as an integral
part of protecting public finances, safeguarding assets, and delivering services effectively.
A Medium Term Financial Strategy was approved by Council in June 2019. The 2022/23 budget
was approved by Council in February 2022. Given the significant fiscal challenges which lie ahead, 
work is ongoing to agree the Council’s Blueprint/Strategic Plan, aligned to the Medium Term
Financial Strategy. This will then inform the revised service plans, workforce plans and the long
term sustainability of services. Current assessment of a budget gap of approximately £30 million
for the Council over the next 5 years coupled with the current rate of inflation will place
unprecedented financial pressure on the Council which will require difficult decisions to be made
in relation to both Capital and Revenue Budgets. 
The previous Chief Officer Corporate Solutions carried out a self-assessment against the CIPFA FM
code and reported the findings of this to CMT in September 2021 and this was subsequently reported
to Audit Committee in December 2021.  The Chief Officer Corporate Solutions identified six areas
requiring improvement from his review of the CIPFA FM code.  Actions identified included improving
the resourcing of the Procurement team (Ongoing), updating the Council’s Financial Regulations
and Directives (Complete – approved at June 2022 Council), putting in place a multi-year financial
plan (Ongoing – action relevant to two sections of the FM Code), improving the Council’s approach
to lessons learned from completed projects (Ongoing), and improving the Council’s risk management
arrangements (Ongoing). No further Committee update has been provided within the 2022/23
financial year.   
Revenue and Capital Budget Monitoring reports are presented to the Council on a quarterly basis
for monitoring and control purposes including the annual outturn. The Management Commentary in
the Statement of Accounts provides financial and other performance information regarding the
operation of the Council, its wider achievements and areas for development.
G. Implementing good practices in transparency, reporting, & audit to deliver effective accountability
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The independent and objective audit opinion of the Chief Internal Auditor (Chief Audit Executive) is
stated within the Internal Audit Annual Assurance Report 2022/23. This is based on work carried out
by an in-house team, with supplementary support from an outsourced partner, including shared
services resources (from January to June 2023), in conformance with the Public Sector Internal Audit
Standards to fulfil statutory Internal Audit provision.
The Council responds to the findings and recommendations of Internal Audit, External Audit, Scrutiny
and Inspection bodies including associated Action Plans for improvement. The Audit Committee is
integral to overseeing independent and objective assurance and monitoring improvements in internal
control and governance.
Quarterly Performance Reports were presented to the Performance, Review and Scrutiny
Committee for monitoring the achievement of strategic priorities and key performance indicators.
The Annual Accounts and Report sets out the financial position in accordance with relevant
accounting regulations. 
Review of Adequacy and Effectiveness of the Council’s Governance Framework
An annual review of the adequacy and effectiveness of the Council’s overall governance framework
has been carried out, taking into account the ongoing recovery from the Covid-19 pandemic impact
in 2022/23 on business as usual in the delivery of services and in person and virtual committee
meetings to enable decision-making. The output is this Annual Governance Statement which is
presented to the Audit Committee.
The review was further informed by assurances from: assessment of compliance against the Local
Code; written assurance statements from the Executive Directors; Internal Audit annual opinion,
findings and recommendations; External Audit, and comments and recommendations made by
External Auditor and other external scrutiny bodies and inspection agencies.
In respect of the implementation of the remaining Best Value Audit Actions (nos. 1-4 improvement
areas of governance identified by the Council in 2020/21), a Best Value Assurance Update Report
by the Chief Executive was presented to Council in June 2021. This set out further progress to
address the recommendations made in order to demonstrate Best Value. These actions are now all
materially completed. The Council however recognises improvements are required in the areas
presented below. 
Improvement Areas of Governance
The collective review activity outlined above has identified the following areas where improvement
in governance arrangements can continue to be made to enhance compliance with the Council’s
Local Code of Corporate Governance and to demonstrate Best Value: 
1) The previous Chief Officer Corporate Solutions carried out a self-assessment against the CIPFA
FM code and reported the findings of this to CMT in September 2021 and this was subsequently
reported to Audit Committee in December 2021. One of the actions identified was putting in
place a multi-year financial plan. Work is ongoing to agree the Council’s Blueprint/Strategic
Plan, aligned to the Medium Term Financial Strategy. This will then inform the revised service
plans, workforce plans and the long term sustainability of services. Current assessment of a
budget gap of approximately £30 million for the Council over the next 5 years coupled with the
current rate of inflation requires putting in place an approved multi-year financial plan key to
developing the Council on a sustainable basis. Dedicated Financial Management CMT
meetings have been implemented on a quarterly basis to challenge and scrutinise budgets in
order to improve financial discipline.
2) The Procurement Service is undergoing a service review and the Procurement Manager post is
currently vacant and being recruited to. The Legal and Governance Manager is overseeing this
service providing a level of assurance and compliance in the absence of the Procurement
Manager. Issues arising from the reduced team capacity are the off contract spend and non-
contracted spend within the organisation. Expired contracts and off contract spend is being
managed through regular review at Budget Boards who work to ensure that the risk is managed
and the appropriate remedial action is being taken; with oversight from the Executive Director
and Chief Officers. In addition as part of the Council’s Blueprint under theme1 follow the money
a sprint looking at contract management and a review of transport is being progressed. 
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3) Capital Plan Affordability review continues as the paper that was approved by Council on 21
February 2023, detailed that the Loan Charges arising from capital expenditure within the
General Services Capital Plan, including planned Learning Estate Programme projects that are
under development is expected to significantly exceed the Loan Charges levels as per the
Council’s approved Medium Term Financial Strategy over the period 2023/24 to 2027/28. The
paper considered by Council approved the deferral, pause or deletion of £10.604 million of
capital expenditure, against a target of £71.901 million (the level required to bring Loan Charges
within the Medium Term Financial Strategy targets). Therefore, a further £61.297 million of
capital expenditure from fully approved projects and ‘in principle’ projects still needs to be
deleted from, paused or deferred within the General Services Capital Plan. Work Continues to
establish an approved affordable and financially sustainable Capital Plan for the Council moving
forward.  
4) Workforce planning to address recruitment, retention and resilience is taking place. The
approach to Organisational Development is under review with the addition of a new OD post. A
revised OD programme will be delivered in 2023 and the Wellbeing Strategy is being reviewed
and refreshed in response to managing absence, following the impacts of the pandemic. 
Conclusion and Opinion on Assurance 
The conclusion from the review activity completed and subject to the successful progression of the
areas for improvement highlighted above, our opinion is that reasonable assurance can be placed
upon the adequacy and effectiveness of Midlothian Council’s systems of governance, risk
management and internal control. Although areas for further improvement have been identified, the
annual review demonstrates sufficient evidence that the Council’s Local Code of Corporate
Governance is operating effectively and that the Council complies with that Local Code in most
respects to meet its principal objectives. Systems are in place to regularly review and improve
governance arrangements and the system of internal control. 
_______________________ ______________________ 
Dr Grace Vickers Kelly Parry
Chief Executive Leader of the Council
** September 2023 ** September 2023
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5.5 – Unaudited Annual Accounts 2022/23, Report by Chief Finance Officer (Acting) – to
follow 
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2
Audit Committee
Monday 26 June 2023
Item No   
Annual Treasury Management Report 2022/23 
Report by David Gladwin, Acting Chief Financial Officer 
Report for Decision 
1 Recommendations 
The Audit Committee is invited to consider this report before the final
report is presented to Council.  Committee should note that the
proposed recommendation to Council is that it note the Annual
Treasury Management Report 2022/23. 
2 Purpose of Report/Executive Summary 
The purpose of the report is to inform members of the Audit Committee
of the Treasury Management activity undertaken in 2022/23 and the
year-end position. 
Date: 13 June 2023
Report Contact:
Gary Thomson, Senior Finance Business Partner
gary.thomson@midlothian.gov.uk 
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3 Background 
The main points arising from treasury activity in 2022/23 were: 
• The pooled internal loans fund rate for General Fund and HRA
was 2.41% in 2022/23, which is again expected to be one of the
lowest when benchmarked against all mainland Authorities in
Scotland; 
• Were the pooled internal loans fund rate to have equated to the
Scottish weighted average of 3.38%, this would have generated
loan charges in 2022/23 of £15.7 million.  The Council’s actual
2022/23 loan charges for General Services and HRA were £12.5
million, representing a cash saving (compared to the Scotland
average) of £3.2 million in 2022/23; 
• Total long term borrowing maturing in the year amounted to
£1.518 million, comprising the following:- 
o One £0.648 million Maturity Loan with PWLB matured on
3 February 2023 (original tenor 28 years at an interest rate
of 8.63%);
o £0.048 million of PWLB Annuities of various tenors and
interest rates;
o £0.657 million of Annuity and EIP, and £0.165 million of
interest free loans. 
• No new long term borrowing was taken in the year, with the
Council able to defer new long-term borrowing, at higher than
expected PWLB rates, as a result of £50.000 million of long-term
borrowing secured in December 2021 which pre-funded part of
the 2022/23 borrowing requirement.  The remainder of the
2022/23 borrowing requirement was funded through the
utilisation of the Council’s surplus cash / working capital
balances; 
• The Council were under-borrowed by £25.908 million (7.5% of
the borrowing Capital Financing Requirement) at 31 March
2023.  This means that the Council has funded the majority
(92.5%) of its underlying borrowing requirement as at 31 March
2023.  This position is prudent in the current economic climate
(with PWLB rates forecast to drop from their prevailing rates,
across the next 2 financial years), as it balances longer-term
interest rate and refinancing risk with short-medium term
budgetary implications; 
• The average rate of interest paid on external debt was 3.01% in
2022/23, down from 3.22% in 2021/22 and reflecting the
historically low interest rates secured on longer-term PWLB
borrowing in recent years;
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• Cash balances in instant access accounts throughout the year
were significantly higher than normal, and reflective of (a) the
Scottish Government providing upfront funding to local
authorities to support a range of grant schemes,(b) developer
contribution receipts, (c) PWLB borrowing taken in advance, and
(d) the impact on the Council’s cashflow due to rephasing of
capital expenditure plans.  The majority of the level of higher
cash balances that are being held are committed to fund
revenue and capital expenditure in the 2023/24 and forthcoming
financial years. 
• Fixed Term Deposits were placed during the year in line with the
Council’s approved creditworthiness process as outlined in the
“Treasury Management and Investment Strategy 2022/23 &
Prudential indicators” (TMSS 22/23) report approved by Council
on 15 February 2022.  These fixed term deposits were placed
with high credit worthy banks and the UK Government’s Debt
Management Account Deposit Facility.  The Council’s deposit
portfolio at 31 March 2023 is outlined in Table 2 below and in
detail in Table 11 in Appendix 1; 
• The average rate of return on deposits was 2.03% in 2022/23
(exceeding the benchmark1 of 1.42% for the nineteenth year in
succession) with total interest earned on deposits totalling
£3.260 million and reflecting the significantly higher than normal
levels of surplus cash; 
• The Council useable reserves of £90.583 million at 31 March
2023 are fully cash backed, in line with the approved TMSS
22/23. 
• No debt rescheduling was undertaken during 2022/23. 
A detailed report “Annual Treasury Management Review 2022/23” on the
activity during 2022/23 is attached as Appendix 1. 
The Treasury Portfolio at the start and end of the financial year is shown
in Tables 1 and 2 below. 
1 6 month uncompounded SONIA (Sterling Overnight Index Average) which reflects the weighted
average duration of the Council’s portfolio for the year
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Table 1: Loan Portfolio at 1 April 2022 and 31 March 2023 
Loan Type
Principal
Outstanding
1 Apr 2022
£000’s
Principal
Outstanding
31 Mar 2023
£000’s
Movement 
£000’s
PWLB Annuity 553 505 -48
PWLB Maturity 284,776 284,128 -648
LOBO 20,000 20,000 0
Other Market Loans 17,542 16,885 -657
Salix Loans 400 235 -165
Total Loans 323,271 321,753 -1,518    
CFR 307,247 347,661 +40,414
Over/(Under) Borrowed +16,024 -25,908 -41,932 
Table 2: Deposits at 1 April 2022 and 31 March 2023 
Deposit Type
Principal
Outstanding
1 Apr 2022
£000’s
Principal
Outstanding
31 Mar 2023
£000’s
Movement 
£000’s
Bank Call Accounts 31,058 2 -31,056
Money Market Funds 30,324 15,980 -14,344
Bank Notice Accounts 14,985 0 -14,985
Bank Fixed Term Deposit Accounts 35,000 96,000 +61,000
Other Local Authorities 45,000 2,000 -43,000
Total Deposits 156,367 113,982 -42,385    
Useable Reserves 86,412 90,583 +4,171 
Throughout 2022/23, all counterparties that the Council placed deposits
with met their obligations in respect of the return of the deposited funds
and interest receivable in full and on the required dates. 
5 Report Implications (Resource, Digital and Risk) 
5.1 Resource 
Treasury Management activity during the year, in accordance with the
approved strategy, has once again been effective in minimising loan
charges through minimising the cost of borrowing and maximising the
return on deposits within the parameters set by the strategy for the year. 
Although benefits from Treasury Management activity continue to accrue
there are no direct financial implications or other resource issues arising
from this report. 
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The loan charges associated with Capital Expenditure and Treasury
Management activity during 2022/23 are reported in the Financial
Monitoring 2022/23 – General Fund Revenue report and HRA 2022/23
Outturn report elsewhere on the Council agenda for 27 June 2023. 
5.2 Digital 
None. 
5.3 Risk 
As the Council follows the requirements of the new CIPFA Code of
Practice and the Prudential Code this minimises the risks involved in
Treasury Management activities place.  For those risks that do exist
there are robust and effective controls in place to further mitigate the
level of risks. These include full written Treasury Management Practices,
which define the responsibilities of all staff involved, and which were
updated during the 2022/23 financial year to reflect the provisions of the
new Prudential and Treasury Management Codes and approved by
Audit Committee. 
5.4 Ensuring Equalities (if required a separate IIA must be completed) 
This report does not recommend any change to policy or practice and
therefore does not require an Equalities Impact Assessment. 
5.5 Additional Report Implications 
See Appendix A 
Appendices:- 
Appendix B: Annual Treasury Management Review 2022/23 
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APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Not applicable 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working 
Hub and Spoke 
Modern 
Sustainable 
Transformational 
Preventative 
Asset-based 
Continuous Improvement 
One size fits one 
None of the above 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you 
Preventative and Sustainable 
Efficient and Modern 
Innovative and Ambitious 
None of the above 
A.4 Delivering Best Value 
The report does not directly impact on Delivering Best Value. 
A.5 Involving Communities and Other Stakeholders 
Although no external consultation has taken place, cognisance has
been taken of professional advice obtained from Link Asset Services,
the Council’s appointed Treasury Consultants. 
A.6 Impact on Performance and Outcomes 
The strategies adopted are an integral part of the corporate aim to
achieve Best Value as they seek to minimise the cost of borrowing by
exercising prudent debt management and placement of deposits. This
in turn helps to ensure that the Council’s capital expenditure is
sustainable in revenue terms. 
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A.7 Adopting a Preventative Approach 
Not applicable. 
A.8 Supporting Sustainable Development 
Not applicable
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Appendix B 
Annual Treasury Management
Review 2022/23
Midlothian Council
June 2023 
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Contents 
1 The Council’s Capital Expenditure and Financing 2022/23
2 The Council’s overall borrowing need
3 Treasury Position as at 31 March 2023
4 The Strategy for 2022/23
5 The Economy and Interest Rates
6 Borrowing Rates in 2022/23
7 Borrowing Outturn for 2022/23
8 Deposit Rates in 2022/23
9 Deposit Outturn for 2022/23
10 Performance Measurement
11 Conclusion 
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This Council is required by regulations issued under the Local Government in
Scotland Act 2003 to produce an annual treasury management review of
activities and the actual prudential and treasury indicators for 2022/23. This
report meets the requirements of both the updated CIPFA Code of Practice on
Treasury Management, (the Code), and the updated CIPFA Prudential Code
for Capital Finance in Local Authorities, (the Prudential Code).
During 2022/23 the minimum reporting requirements were that the full Council
should receive the following reports:
• an annual treasury strategy in advance of the year (Council
15/02/2022);
• a mid-year, (minimum), treasury update report (Council 13/12/2022);
• an annual review following the end of the year describing the activity
compared to the strategy, (this report);
The regulatory environment places responsibility on members for the review
and scrutiny of treasury management policy and activities.  This report is,
therefore, important in that respect, as it provides details of the outturn position
for treasury activities and highlights compliance with the Council’s policies
previously approved by members.  
This Council confirms that it has complied with the requirement under the Code
to give prior scrutiny to all of the above treasury management reports by the
Audit Committee before they are reported to the full Council.  
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1. The Council’s Capital Expenditure and Financing
2022/23
The Council undertakes capital expenditure on long-term assets.  These
activities may either be:
• Financed immediately through the application of capital or revenue
resources (capital receipts, capital grants, revenue contributions etc.), which
has no resultant impact on the Council’s borrowing need; or
• If insufficient financing is available, or a decision is taken not to apply
resources, the capital expenditure will give rise to a borrowing need.
The actual capital expenditure forms one of the required prudential indicators. 
The table below shows the actual capital expenditure and how this was
financed. 
2021/22 2022/23 2022/23
Actual Budget Actual
£000 £000 £000
General Fund
Capital Expenditure 22,969 68,240 23,322
Available Funding 17,115 32,796 18,627
Borrowing Required 5,854 35,444 4,695
HRA
Capital Expenditure 39,477 124,894 51,710
Available Funding 33,058 7,240 9,932
Borrowing Required 6,419 117,654 41,778
General Fund and HRA
Capital Expenditure 62,446 193,134 75,032
Available Funding 50,173 40,036 28,559
Borrowing Required 12,273 153,098 46,473
Table 1: Capital Expenditure + Financing
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2. The Council’s Overall Borrowing Need
The Council’s underlying need to borrow for capital expenditure is termed the
Capital Financing Requirement (CFR).  This figure is a gauge of the Council’s
indebtedness.  The CFR results from the capital activity of the Council and what
resources have been used to pay for the capital spend.  It represents the
2022/23 unfinanced capital expenditure (see above table), plus prior years’ net
or unfinanced capital expenditure which has not yet been paid for by revenue
or other resources. 
Part of the Council’s treasury activities is to address the funding requirements
for this borrowing need.  Depending on the capital expenditure programme, the
treasury service organises the Council’s cash position to ensure sufficient cash
is available to meet the capital plans and cash flow requirements.  This may be
sourced through borrowing from external bodies (such as the Government,
through the Public Works Loan Board [PWLB] or the money markets), or
utilising temporary cash resources within the Council. 
Reducing the CFR – the Council’s underlying borrowing need (CFR) is not
allowed to rise indefinitely.  Statutory controls are in place to ensure that capital
assets are broadly charged to revenue over the life of the asset.  The Council
is required to make an annual revenue charge, called the Scheduled Debt
Amortisation (or loans repayment), to reduce the CFR.  This is effectively a
repayment of the borrowing need. This differs from the treasury management
arrangements which ensure that cash is available to meet capital commitments. 
External debt can also be borrowed or repaid at any time, but this does not
change the CFR. 
The total CFR can also be reduced by:
• the application of additional capital financing resources (such as unapplied
capital receipts); or 
• charging more than the minimum loan repayment each year through an
additional revenue charge. 
The Council’s CFR for the year is shown below, and represents a key prudential
indicator. 
Borrowing activity is constrained by prudential indicators for net borrowing and
the CFR, and by the authorised limit.
31-Mar-22 2022/23 31-Mar-23
Actual Budget Actual
£000 £000 £000
Opening balance 302,758£   312,806£   307,247£  
Add Borrowing Required 12,273£     153,098£   46,473£    
Less scheduled debt amortisation (7,784)£      (5,843)£     (6,059)£     
Closing balance 307,247£   460,061£   347,661£  
Table 2: Council's Underlying Borrowing Requirement
CFR:
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Gross borrowing and the CFR - in order to ensure that borrowing levels are
prudent over the medium term and only for a capital purpose, the Council
should ensure that its gross external borrowing does not, except in the short
term, exceed the total of the capital financing requirement in the preceding year
(2021/22) plus the estimates of any additional capital financing requirement for
the current (2022/23) and next three financial years.  This essentially means
that the Council is not borrowing to support revenue expenditure.  This indicator
allows the Council some flexibility to borrow in advance of its immediate capital
needs in 2022/23.  The table below highlights the Council’s gross borrowing
position against the CFR (excluding PFI schemes).  The Council has complied
with this prudential indicator. 
The authorised limit – this Council has kept within its authorised external
borrowing limit as shown by the table below.  Once this has been set, the
Council does not have the power to borrow above this level. 
The operational boundary – the operational boundary is the expected
borrowing position of the Council during the year.  Periods where the actual
position is either below or over the boundary is acceptable subject to the
authorised limit not being breached. 
31-Mar-21 2021/22 31-Mar-22
Actual Budget Actual
£000 £000 £000
Gross Borrowing 323,271£   363,996£   321,753£  
CFR 307,247£   460,061£   347,661£  
Table 3: Council's Gross Borrowing Position
2022/23
Authorised limit - borrowing £    472,662
Operational boundary - borrowing £    472,662
Maximum gross borrowing position £    323,271
Average gross borrowing position £    322,650
Table 4: Gross Borrowing against
Authorised Limit / Operational Boundary
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3. Treasury Position as at 31 March 2023
The Council’s debt and investment position is organised by the treasury
management service in order to ensure adequate liquidity for revenue and
capital activities, security for investments and to manage risks within all treasury
management activities. Procedures and controls to achieve these objectives
are well established both through Member reporting detailed in the Purpose
section of this report, and through officer activity detailed in the Council’s
Treasury Management Practices.  At the beginning and the end of 2022/23 the
Council‘s treasury (excluding borrowing by PFI and finance leases) position
was as follows: 
31 March
2022
Principal
Rate/
Return
Average
Life
(Yrs)
31 March
2023
Principal
Rate/
Return
Average
Life
(Yrs)
Debt
Fixed Rate Debt
PWLB 285,328£    2.94% 33.18 284,633£    2.92% 32.25
Market 22,943£      2.95% 29.49 22,120£      2.98% 28.89
Total Fixed Rate Debt 308,271£    2.94% 32.91 306,753£    2.92% 32.01
Variable Rate Debt
PWLB -£                 n/a n/a -£                 n/a n/a
Market 15,000£      4.63% 28.71 15,000£      4.63% 27.71
Total Variable Rate Debt 15,000£      4.63% 28.71 15,000£      4.63% 27.71
Total debt/gross borrowing 323,271£   3.02% 32.71 321,753£   3.00% 31.81
CFR 307,247£   347,661£  
Over/ (under) borrowing 16,024£     (25,908)£   
Deposits
Fixed Rate Deposits
In House 80,000£      1.06% 0.41 98,000£      3.77% 0.31
With Managers -£                 n/a n/a -£                 n/a n/a
Total Fixed Rate Deposits 80,000£      1.06% 0.41 98,000£      3.77% 0.31
Variable Rate Deposits
In House 76,367£      0.61% 0.10 15,982£      3.96% 0.01
With Managers -£                 n/a n/a -£                 n/a n/a
Total Variable Rate Deposits 76,367£      0.61% 0.10 15,982£      3.96% 0.01
Total Deposits 156,367£   0.84% 0.26 113,982£   3.80% 0.27
Table 5: Treasury Position
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The maturity structure of the debt portfolio was as follows: 
The maturity structure of the Council’s deposits was as follows: 
The exposure to fixed and variable interest rates on debt was as follows:- 
£000 % £000 %
Under 12 months 1,465£      0% 0% to 50% 812£         0%
12 months to 2 years 830£         0% 0% to 50% 1,496£      0%
2 years to 5 years 3,553£      1% 0% to 50% 2,795£      1%
5 years to 10 years 33,857£    10% 0% to 50% 45,136£    14%
10 years to 20 years 43,421£    13% 0% to 50% 32,239£    10%
20 years to 30 years 12,563£    4% 0% to 50% 39,691£    12%
30 years to 40 years 95,534£    30% 0% to 50% 84,584£    26%
40 years to 50 years 127,048£   39% 0% to 50% 110,000£   34%
50 years and above 5,000£      2% 0% to 50% 5,000£      2%
Total 323,271£   100% 321,753£   100%
Table 6: Maturity Structure of Debt Portfolio
31-Mar-22 2022/23 31-Mar-23
Actual Original Limits Actual
%
31-Mar-22 31-Mar-23
£000 £000
Deposit
Under 1 Year 154,367£   113,982£  
Over 1 Year 2,000£       -£             
Total 156,367£   113,982£  
Table 7: Maturity Structure
of Deposit Portfolio
£000 % £000 %
Fixed Interest Rate Exposure £ 308,271 95% 0% to 100% 306,753£  95%
Variable Interest Rate Exposure £   15,000 5% 0% to 30% 15,000£    5%
Total 323,271£  100% 321,753£  100%
%
Table 8: Fixed/Variable Interest Rate Exposure of Debt Portfolio
31-Mar-22 2022/23 31-Mar-23
Actual Original Limits Actual
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4. The Strategy for 2022/23 
At the outset of the financial year, the Council were over borrowed by £16.024
million – this being a result of prudent long-term borrowing of £50.000 million of
PWLB long-term maturity loans at rates of between 1.26% and 1.36% in
December 2021 when PWLB rates were at an all-time historically low level. 
Also at the outset of the financial year, the Council were holding £156.367
million in instant access accounts and fixed term deposits; this level of deposits
being higher than normal and reflective of (a) the Scottish Government
providing upfront funding to local authorities to support a range of grant
schemes, in particular schemes to support local businesses, (b) developer
contribution receipts, (c) PWLB borrowing taken in advance, and (d) the impact
on the Council’s cashflow due to re-phasing of capital expenditure plans.  The
majority of the level of higher cash balances that are being held are fully
committed to fund revenue and capital expenditure in the 2023/24 and
forthcoming financial years. 
Interest rate forecasts within the 2022/23 Treasury Management & Investment
Strategy initially suggested only gradual rises in short, medium and longer-term
fixed borrowing rates during 2022/23 (see first table below) but by August it had
become clear that inflation was moving up towards 40-year highs, and the Bank
of England engaged in monetary policy tightening at every Monetary Policy
Committee meeting during 2022, and into 2023, either by increasing Bank Rate
by 0.25% or 0.5% each time.  Currently the CPI measure of inflation is still
above 10% in the UK.  Nonetheless, there remain significant risks to that central
forecast.  Interest rate forecasts at the end of the financial year are also shown
in the second table below. 
With interest rates on new borrowing higher than forecast during financial year
2022/23, and the Council holding both an over-borrowed position and
significant levels of surplus cash, the opportunity existed throughout the
financial year to defer any new long term borrowing and run down surplus cash
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balances, given that a cost of carry generally remained in place during the year
on any new long-term borrowing that was not immediately used to finance
capital expenditure, as it would have caused a temporary further increase in
cash balances; and this would have incurred a revenue cost – the difference
between (higher) borrowing costs and (lower) investment returns.  This strategy
was prudent as investment returns were initially low and minimising
counterparty risk on placing investments also needed to be considered. 
As a result, all new borrowing in 2022/23 was deferred. 
At 31 March 2023, the Council was under-borrowed by £25.908 million.  This
means that the capital borrowing need, (the Capital Financing Requirement), is
not fully funded with loan debt, with the Council’s surplus cash and liquidity /
working capital supporting this position. 
Useable Reserves of £90.583 million at 31 March 2023 are fully cash backed. 
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5. The Economy and Interest Rates
UK.  Economy. 
Against a backdrop of stubborn inflationary pressures, the easing of Covid
restrictions in most developed economies, the Russian invasion of Ukraine, and
a range of different UK Government policies, it is no surprise that UK interest
rates have been volatile right across the curve, from Bank Rate through to 50-
year gilt yields, for all of 2022/23. 
Market commentators’ misplaced optimism around inflation has been the root
cause of the rout in the bond markets with, for example, UK, EZ and US 10-
year yields all rising by over 200bps in 2022.  The table below provides a
snapshot of the conundrum facing central banks: inflation is elevated but labour
markets are extra-ordinarily tight, making it an issue of fine judgment as to how
far monetary policy needs to tighten.   
UK Eurozone US
Bank Rate 4.25% 3% 4.75%-5%
GDP 0.1%q/q Q4
(4.1%y/y)
+0.1%q/q Q4
(1.9%y/y)
2.6% Q4 Annualised
Inflation 10.4%y/y (Feb) 6.9%y/y (Mar) 6.0%y/y (Feb)
Unemployment Rate 3.7% (Jan) 6.6% (Feb) 3.6% (Feb) 
Q2 of 2022 saw UK GDP deliver growth of +0.1% q/q, but this was quickly
reversed in the third quarter, albeit some of the fall in GDP can be placed at the
foot of the extra Bank Holiday in the wake of the Queen’s passing.  Q4 GDP
was positive at 0.1% q/q.  Most recently, January saw a 0.3% m/m increase in
GDP as the number of strikes reduced compared to December. In addition, the
resilience in activity at the end of 2022 was, in part, due to a 1.3% q/q rise in
real household disposable incomes. A big part of that reflected the £5.7bn
payments received by households from the government under the Energy Bills
Support Scheme. 
Nevertheless, CPI inflation picked up to what should be a peak reading of
11.1% in October, although hopes for significant falls from this level will very
much rest on the movements in the gas and electricity markets, as well as the
supply-side factors impacting food prices.  On balance, most commentators
expect the CPI measure of inflation to drop back towards 4% by the end of
2023.  As of February 2023, CPI was 10.4%. 
The UK unemployment rate fell through 2022 to a 48-year low of 3.6%, and this
despite a net migration increase of c500k.  The fact remains, however, that with
many economic participants registered as long-term sick, the UK labour force
shrunk by c500k in the year to June.  Without an increase in the labour force
participation rate, it is hard to see how the UK economy will be able to grow its
way to prosperity, and with average wage increases running at over 6% the
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MPC will be concerned that wage inflation will prove just as sticky as major
supply-side shocks to food (up 18.3% y/y in February 2023) and energy that
have endured since Russia’s invasion of Ukraine on 22 February 2022. 
Bank Rate increased steadily throughout 2022/23, starting at 0.75% and
finishing at 4.25%. 
In the interim, following a Conservative Party leadership contest, Liz Truss
became Prime Minister for a tumultuous seven weeks that ran through
September and October.   Put simply, the markets did not like the unfunded
tax-cutting and heavy spending policies put forward by her Chancellor, Kwasi
Kwarteng, and their reign lasted barely seven weeks before being replaced by
Prime Minister Rishi Sunak and Chancellor Jeremy Hunt.  Their Autumn
Statement of the 17th of November gave rise to a net £55bn fiscal tightening,
although much of the “heavy lifting” has been left for the next Parliament to
deliver.  However, the markets liked what they heard, and UK gilt yields have
reversed the increases seen under the previous tenants of No10/11 Downing
Street, although they remain elevated in line with developed economies
generally. 
As noted above, GDP has been tepid throughout 2022/23, although the most
recent composite Purchasing Manager Indices for the UK, US, EZ and China
have all surprised to the upside, registering survey scores just above 50 (below
suggests economies are contracting, and above suggests expansion). 
Whether that means a shallow recession, or worse, will be avoided is still
unclear.  Ultimately, the MPC will want to see material evidence of a reduction
in inflationary pressures and a loosening in labour markets.  Realistically, that
is an unlikely outcome without unemployment rising and wage settlements
falling from their current levels.  At present, the bigger rise in employment kept
the ILO unemployment rate unchanged at 3.7% in January. Also, while the
number of job vacancies fell for the ninth consecutive month in February, they
remained around 40% above pre-pandemic levels. 
Our economic analysts, Capital Economics, expect real GDP to contract by
around 0.2% q/q in Q1 and forecast a recession this year involving a 1.0% peak-
to-trough fall in real GDP. 
The £ has remained resilient of late, recovering from a record low of $1.035, on
the Monday following the Truss government’s “fiscal event”, to $1.23.
Notwithstanding the £’s better run of late, 2023 is likely to see a housing
correction of some magnitude as fixed-rate mortgages have moved above 4.5%
and affordability has been squeezed despite proposed Stamp Duty cuts
remaining in place. 
As for equity markets, the FTSE 100 started 2023 strongly, rising to a record
high of 8,014 on 20th February, as resilient data and falling inflation boosted
earnings. But global equities fell sharply after concerns over the health of the
global banking system emerged early in March. The fall in the FTSE 100 was
bigger than the drop in the US S&P 500. Indeed, at around 7,600 now, the
FTSE is 5.2% below its record high on 20th February, while the S&P 500 is only
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1.9% lower over the same period. That’s despite UK banks having been less
exposed and equity prices in the UK’s financial sector not falling as far. It may
be due to the smaller decline in UK interest rate expectations and bond yields,
which raise the discounted value of future earnings, compared to the US. 
USA. The flurry of comments from Fed officials over recent months suggest
there is still an underlying hawkish theme to their outlook for interest rates. 
Markets are pricing in a further interest rate increases of 25-50bps, on top of
the current interest rate range of 4.75% - 5%. 
In addition, the Fed is expected to continue to run down its balance sheet once
the on-going concerns about some elements of niche banking provision are in
the rear-view mirror. 
As for inflation, it is currently at c6% but with the economy expected to weaken
during 2023, and wage data already falling back, there is the prospect that
should the economy slide into a recession of any kind there will be scope for
rates to be cut at the backend of 2023 or shortly after. 
EU. Although the Euro-zone inflation rate has fallen below 7%, the ECB will still
be mindful that it has further work to do to dampen inflation expectations and it
seems destined to raise rates to 4% in order to do so.  Like the UK, growth has
remained more robust than anticipated but a recession in 2023 is still seen as
likely by most commentators. 
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6. Borrowing Rates in 2022/23
PWLB rates are based on gilt (UK Government bonds) yields through HM
Treasury determining a specified margin to add to gilt yields.  The main
influences on gilt yields are Bank Rate, inflation expectations and movements
in US treasury yields. Inflation targeting by the major central banks has been
successful over the last 30 years in lowering inflation and the real equilibrium
rate for central rates has fallen considerably due to the high level of borrowing
by consumers: this means that central banks do not need to raise rates as much
now to have a major impact on consumer spending, inflation, etc. This has
pulled down the overall level of interest rates and bond yields in financial
markets over the last 30 years.  Indeed, in recent years many bond yields up to
10 years in the Eurozone turned negative on expectations that the EU would
struggle to get growth rates and inflation up from low levels. In addition, there
has, at times, been an inversion of bond yields in the US whereby 10-year yields
have fallen below shorter-term yields. In the past, this has been a precursor of
a recession. 
However, since early 2022, yields have risen dramatically in all the major
developed economies, first as economies opened post-Covid; then because of
the inflationary impact of the war in Ukraine in respect of the supply side of
many goods.  In particular, rising cost pressures emanating from shortages of
energy and some food categories have been central to inflation rising rapidly. 
Furthermore, at present the FOMC, ECB and Bank of England are all being
challenged by persistent inflation that is exacerbated by very tight labour
markets and high wage increases relative to what central banks believe to be
sustainable. 
Graph of UK gilt yields v. US treasury yields   
Gilt yields have been on a continual rise since the start of 2021, peaking in the
autumn of 2022.  At the close of the day on 31 March 2023, all gilt yields from
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1 to 50 years were between 3.64% and 4.18%, with the 1 year being the highest
and 6-7.5 years being the lowest yield. 
Regarding PWLB borrowing rates, the various margins attributed to their pricing
are as follows: - 
• PWLB Standard Rate is gilt plus 100 basis points (G+100bps)
• PWLB Certainty Rate is gilt plus 80 basis points (G+80bps)
• Local Infrastructure Rate is gilt plus 60bps (G+60bps) 
There is likely to be a fall in gilt yields and PWLB rates across the whole curve
over the next one to two years as Bank Rate first rises to dampen inflationary
pressures and a tight labour market, and is then cut as the economy slows,
unemployment rises, and inflation (on the Consumer Price Index measure)
moves closer to the Bank of England's 2% target. 
As a general rule, short-dated gilt yields will reflect expected movements in
Bank Rate, whilst medium to long-dated yields are driven primarily by the
inflation outlook. 
The Bank of England is also embarking on a process of Quantitative Tightening,
but the scale and pace of this has already been affected by the Truss/Kwarteng
government in the autumn of 2022 and more recently by the financial market
unease with some US (e.g., Silicon Valley Bank) and European banks (e.g.,
Credit Suisse). The gradual reduction of the Bank's original £895bn stock of gilt
and corporate bonds will be sold back into the market over several years.  The
impact this policy will have on the market pricing of gilts, while issuance is
markedly increasing, is an unknown at the time of writing. 
HIGH/LOW/AVERAGE PWLB RATES FOR 2022/23 
1 Year 5 Year 10 Year 25 Year 50 Year
Low 1.95% 2.18% 2.36% 2.52% 2.25%
1.40%
1.80%
2.20%
2.60%
3.00%
3.40%
3.80%
4.20%
4.60%
5.00%
5.40%
5.80%
6.20%
PWLB Rates 1.4.22 - 31.3.23
1 Year 5 Year 10 Year 25 Year 50 Year 50 year qtr forecast %
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Date 01/04/2022 13/05/2022 04/04/2022 04/04/2022 04/04/2022
High 5.11% 5.44% 5.45% 5.88% 5.51%
Date 28/09/2022 28/09/2022 12/10/2022 12/10/2022 28/09/2022
Average 3.57% 3.62% 3.76% 4.07% 3.74%
Spread 3.16% 3.26% 3.09% 3.36% 3.26% 
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7. Borrowing Outturn for 2022/23
New Treasury Borrowing:- 
No new loans were drawn in 2022/23. 
Maturing Debt:- 
The following table gives details of treasury debt maturing during the year:- 
Rescheduling:- 
No rescheduling was done during the year as the average 1% differential
between PWLB new borrowing rates and premature repayment rates made
rescheduling unviable. 
Summary of debt transactions:- 
The average interest rate payable on external debt remained steady throughout
the year, from an opening rate of 3.02% falling marginally to an end of year rate
of 3.00%.  The average life of debt within the loan portfolio dropped from 32.71
years to 31.81 years. 
Lender Date
Repaid
Principal
£000's
Interest
Rate
Fixed/
Variable
Date
Originally
Taken
Original
Term
(Yrs)
PWLB 03 Feb 2023 £       648 8.63% Fixed 16 Feb 1995 28.00
PWLB Annuities Various £         48 7.75%-9.50% Fixed 02 Aug 1968 to
15 May 1972 56-60 years
Salix Various £       165 0.00% Fixed Various 7-8 years
Deutsche Pfandbriefbank Various £       357 2.63% Fixed 29 Jun 2017 28.00
Deutsche Pfandbriefbank Various £       300 2.73% Fixed 15 Nov 2018 25.50
Total £    1,518
Table 10: Maturing Debt in Financial Year 2022/23
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8. Deposit Rates in 2022/23
Investment returns picked up throughout the course of 2022/23 as central
banks, including the Bank of England, realised that inflationary pressures
were not transitory, and that tighter monetary policy was called for. 
Starting in April at 0.75%, Bank Rate moved up in stepped increases of either
0.25% or 0.5%, reaching 4.25% by the end of the financial year. 
Money market fund rates started the year at 0.51-0.53%, increasing
throughout the year in line with movements in Bank of England Base Rates,
ending the year at 3.92-3.96%, with money market funds and instant access
call accounts being utilised to manage the Council’s day to day liquidity
needs. 
The sea-change in fixed term investment rates meant local authorities were
faced with the challenge of balancing the maintenance of cash for liquidity
purposes, and “laddering” deposits on a rolling basis to lock in the increase in
investment rates as duration was extended, which became an on-going
feature of the investment landscape. 
With bond markets selling off, equity valuations struggling to make progress
and, latterly, property funds enduring a difficult Q4 2022, the more traditional
deposit options, such as vanilla fixed term deposits (simple to understand,
and less than a year in duration) became more actively used by local
authorities across the UK. 
Meantime, through the autumn, and then in March 2023, the Bank of England
maintained various monetary policy easing measures as required to ensure
0.00
1.00
2.00
3.00
4.00
5.00
6.00
Bank Rate vs term SONIA rates % 1.4.22 - 31.3.23
Bank Rate SONIA 1 mth 3 mth 6 mth 12 mth
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specific markets, the banking system and the economy had appropriate levels
of liquidity at times of stress.  
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9. Funds on Deposit Outturn for 2022/23
Deposit Policy:- 
The Council’s policy for placing deposits is governed by Scottish Government
Investment Regulations, and the requirements of the CIPFA Prudential and
Treasury Management Codes, which have been implemented in the annual
investment strategy approved by the Council on 15 February 2022.  This policy
sets out the approach to the considerations when placing deposits, specifically
security, liquidity and then yield (in that order) and sets out the approach for
choosing counterparties based on their credit strength, and for financial
institutions is based on credit ratings provided by the three main credit rating
agencies supplemented by additional market data (such as rating outlooks,
credit default swaps, bank share prices etc.). 
The activity during the year conformed to the approved strategy, and the
Council had no liquidity difficulties.  The position at 31 March 2023 was as
follows:- 
Deposits placed by the Council:- 
The Council maintained an average balance of £159.870 million of instant
access and fixed term deposits, earning an average rate of return of 2.03%. 
The comparable performance indicator1 is 1.42%. 
1 6 month uncompounded SONIA (Sterling Overnight Index Average) which reflects the weighted
average duration of the Council’s portfolio for the year 
Counterparty
Principal
Outstanding
31 Mar 2023
£000's
Security
Long/Short
Term Rating
(Colour)
Yield
UK Local
Authority
Investment***
£000's
MMF - Aberdeen Liquidity Fund 2,342              AAAmmf
(Yellow) 3.93% 943,280            
MMF - Federated 14                   AAAmmf
(Yellow) 3.92% 540,049            
MMF - LGIM 13,624            AAAmmf
(Yellow) 3.96% 327,840            
Handelsbanken 2                      AA/F1+
(Orange) 3.80% 258,821            
Stoke on Trent City Council 2,000             
Quasi-UK
Government
(AA- / Yellow)
06-Apr-20 06-Apr-23 1.60% 3,354,054         
Lloyds Bank Corporate Markets plc 30,000            A+/F1
(Red) 30-Nov-22 30-May-23 4.25% 216,902            
Standard Chartered Bank 10,000            A+/F1
(Red) 30-Nov-22 30-May-23 4.06% 702,000            
National Westminster Bank plc 15,000            A+/F1
(Blue) 31-May-22 31-May-23 2.00% 830,477            
SMBC Bank International plc 11,000            A-/F1
(Red) 02-Feb-23 02-Jun-23 4.13% 125,000            
Toronto Dominion Bank 10,000            AA-/F1+
(Orange) 16-Jun-22 15-Jun-23 2.85% 433,405            
Landesbank Hessen-Thueringen Girozentrale 5,000              A+/F1+
(Orange) 30-Nov-22 29-Nov-23 4.47% 220,000            
National Westminster Bank plc 15,000            A+/F1
(Blue) 08-Mar-23 08-Mar-24 4.80% 830,477            
Total Deposits 113,982        3.80% 8,782,305         
Instant Access Call Account
Table 11: Breakdown of Deposits by Counterparty at 31 March 2023
Liquidity
Instant Access Money Market Fund
Instant Access Money Market Fund
Instant Access Money Market Fund
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10. Performance Measurement
One of the key requirements in the Code is the formal introduction of
performance measurement relating to investments, debt and capital financing
activities. 
Loans Fund Rate 
Combining the interest paid (earned) on external debt (deposits) with charges
for premiums written off and internal interest allowed into an average Loans
Fund Rate, Midlothian’s result of 2.98% for 2021/22 was the fifth lowest Loans
Fund Rate amongst all mainland authorities in Scotland, as reported previously
to Council. 
The comparative Loans Fund Rate for 2022/23, of 2.41%, is once again
expected to be one of the lowest when benchmarked against all mainland
authorities in Scotland (note that at present, these benchmark figures are not
yet available). 
Deposit Benchmarking 
The Council participates in the Scottish Investment Benchmarking Group set
up by its Treasury Management Consultants, Link.  This service provided by
Link provides benchmarking data to authorities for reporting and monitoring
purposes, by measuring the security, liquidity and yield within an individual
authority portfolio.  Based on the Council’s funds on deposit as at 31 March
2023, the Weighted Average Rate of Return (WARoR) on deposits of 3.60%
against other authorities is shown in the graph below:- 
As can be seen from the above graph, Midlothian is performing above the Link
model benchmarks (red to green lines), and is achieving one of the highest
Weighted Average Rates of Return (WARoR) for the Weighted Average Credit
Risk held, not only amongst peer Councils within the Benchmarking Group but
also amongst the population of authorities across the UK.
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Debt Performance 
Whilst deposit performance criteria have been well developed and universally
accepted, debt performance indicators continue to be a more problematic area
with the traditional average portfolio rate of interest acting as the main guide. 
In this respect, the relevant figures for Midlothian are incorporated in the table
in Section 3. 
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11. Conclusion
The Council’s overall cost of borrowing continues to benefit significantly from
the approved strategy and the proactive Treasury Management activity
undertaken. 
The cost of long term borrowing has been maintained throughout the year, with
the benefit of long term borrowing in December 2021 allowing the Council to
defer borrowing at higher than forecast rates during the 2022/23 financial year. 
A better than average return on deposits has been achieved for the eighteenth
consecutive year and Midlothian continues to perform above the Link model
benchmarks and is achieving one of the highest Weighted Average Rates of
Return (WARoR) for the Weighted Average Credit Risk held, not only amongst
peer Councils within the Benchmarking Group but also amongst the population
of authorities across the UK. 
Overall Midlothian’s Loans Fund Rate of 2.41% for the year is expected to be
one of the lowest when benchmarked against all mainland Authorities in
Scotland.
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Page 95

Audit Committee
Monday 26 June 2023
Item No 
Treasury Management and Investment Strategy 2023/24 – Credit Risk
Update 
Report by David Gladwin, Acting Chief Financial Officer 
Report for Noting 
1 Recommendations 
The Audit Committee is invited to note the content of this report. 
2 Purpose of Report/Executive Summary 
This paper has been prepared to provide an update to Audit Committee
members on the current market position regarding credit risk on
deposits, the Council’s exposure to credit risk, and how this risk is
mitigated through the Council’s assessment of counterparty
creditworthiness in the approved TMIS. 
Date: 10 April 2023
Report Contact:
Gary Thomson, Senior Finance Business Partner
gary.thomson@midlothian.gov.uk  0131 271 3230 
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2
3. Background 
At the Council meeting on 21 March 2023, elected members
requested that a paper be brought to the next meeting of Audit
Committee to update members on the current market position
regarding credit risk. 
4. Silicon Valley Bank / Credit Suisse / UBS 
On 10 March 2023, Silicon Valley Bank, a bank domiciled in the US,
collapsed.  The bank was the 16th largest bank in the United States
and heavily involved in lending to the venture capital-funded
technology and life sciences sector in the United States.  The bank
was vulnerable as a result of having a high proportion of uninsured
deposits and a large proportion of deposits invested in hold-to-
maturity securities.  This was followed by the failure of Signature
Bank, a New-York based bank that was heavily involved within the
crypto-currency industry. 
Subsequent to this, on 19 March 2023, Credit Suisse, a bank
domiciled in Switzerland which had been under-performing relative to
its peers for some time, also collapsed.  Credit Suisse was the 2nd
largest bank in Switzerland and was acquired by UBS AG in an
acquisition supported by the Swiss authorities and regulators.  UBS
plans to sell off and downsize parts of Credit Suisse, although details
remain scarce. 
Following the acquisition, credit rating agencies have downgraded
UBS AG as follows:- 
UBS AG:- 
• Standard & Poor's - affirmed the bank's ratings as A-1 short
term and A+ long term.
• Moody's - affirmed the bank's ratings as P-1 short term and
Aa2 long term but lowered the Outlook to Negative.
• Fitch - placed the bank’s Long and Short Term ratings on
Negative Watch, and noted that due to the complexity and size
of the proposed merger, these may stay in place for upwards of
six months (outside of mergers, Watches typically get resolved
within weeks). 
The long-term implications for UBS continue to be tricky to determine,
as the merger will be a complex process (as noted by Fitch) that could
weigh on the overall strength of the combined organisation.  However,
these "unknowns", will most likely be supported by Swiss authorities,
including loan loss provisions and a substantial liquidity facility that
has already been put in place, if required. 
Outside of affected entities (Swiss and regional US banks), there have
been no credit rating changes within the banking sector resultant from
this market disruption to date.  
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3
5. Approved TMIS 2023/24 – Credit Risk to Midlothian Council 
The Council’s approved TMIS requires that the Council follow the
security, liquidity, yield principle, in line with the Prudential and
Treasury Management Codes, when making all deposit
considerations. 
This is assessed as follows:- 
1. The Council’s approved TMIS states that, when assessing a
counterparty credit strength (security), it will only use approved
counterparties from the UK, or approved counterparties from other
countries, where the counterparty is domiciled in a country that
has a minimum sovereign credit rating of AA- from Fitch.  The list
of countries that currently qualify and are rated AA- or above is
outlined in Appendix 1.  This list is added to, or deducted from, by
officers, should rating change. 
2. The second layer is to consider the credit strength of the
individual counterparty, and to do so the Council uses the
creditworthiness service from its Treasury advisers, Link. 
This second layer employs a sophisticated modelling approach
utilising credit ratings from the three main credit rating agencies -
Fitch, Moody’s and Standard and Poor’s – to assess the
creditworthiness of an individual counterparty.  The credit ratings
of counterparties are supplemented with the following overlays:- 
• sovereign ratings to select counterparties from only the
most creditworthy countries (see 1 above).
• credit watches and credit outlooks from credit rating
agencies;
• Credit Default Swap (CDS) spreads to give early warning of
likely changes in credit ratings; 
The output of this analysis is to provide a colour banding for each
counterparty which determines the maximum duration for deposit. 
This is outlined in Appendix 2 and ranges from No Colour
(counterparty is Not to be Used) to Yellow (6 years maximum
duration). 
The Council then considers, from the list of qualifying counterparties
using the above criteria, the optimum blend of liquidity and yield.  
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4
6. Assessment of banks domiciled in Switzerland 
It is important therefore to note that whilst Switzerland’s sovereign
(country) rating is triple AAA from all 3 credit rating agencies, the
individual counterparty ratings for banks domiciled within Switzerland
are rated on their own merit, in line with the methodology outlined
above in Section 5. 
Under this methodology, Credit Suisse have not met the credit criteria
to be a counterparty for investment consideration since 20th June
2022 (they are rated as “No Colour” by Link).  This is a result of Credit
Suisse’s CDS market status having been “out of range” since this
date.  This indicates that the creditworthiness service employed by
Link, as outlined above, is acting effectively. 
UBS AG have been rated as Orange (12 months) by Link since the
upgrade of its S&P Long-Term rating in June 2016, prior to the events
of last month.  Following the acquisition of Credit Suisse, the CDS
price for UBS AG rose to a peak of 150bps (to sit in the Link
monitoring range), which has adjusted the Link suggested colour
banding down from Orange (12 months) to Red (6 months).  The CDS
price at the time of writing has now dropped back to sit at 115bps, just
above the Link ‘in-range’ zone. 
7. Midlothian Council – current deposits 
All deposits placed by the Council have, and will continue to be,
placed with high creditworthy counterparties in accordance with the
approved creditworthiness policy as outlined in Appendix 2. 
The deposits reflect a mix of those placed to manage day to day
liquidity needs (i.e. deposits with Money Market Funds and Bank Call
Accounts) and those placed for a longer duration, which either cash
back the Council’s useable reserves (and with a tenor reflective of the
expected drawdown of useable reserve forecasts, and at a yield
commensurate with this duration), and those that are surplus cashflow
generated as a result of grant receipts paid in advance. 
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5
The Council’s current list of deposits at 31 March 2023 totals
£113.982 million and is as follows:- 
Counterparty Amount
£000’s
Security
Long/Short
Term Rating*
(Colour)**
Liquidity Yield UK Local
Authority
Investment
£000’s
MMF
Aberdeen 2,342 AAAmmf
(Yellow) Instant Access 3.93% 1,931,129
MMF
Federated 14 AAAmmf
(Yellow) Instant Access 3.92% 1,008,282
MMF
LGIM 13,624 AAAmmf
(Yellow) Instant Access 3.96% 306,784
Handelsbanken AB
Call Account 2 AA/F1+
(Orange) Instant Access 3.80% 721,491
Lloyds Bank Corporate
Markets plc 30,000 A+/F1
(Red)
Start: 30 Nov 2022
End: 30 May 2023 4.25% 272,800
National Westminster
Bank plc 15,000 A+/F1
(Blue)
Start: 31 May 2022
End: 31 May 2023 2.00% 1,052,317
National Westminster
Bank plc 15,000 A+/F1
(Blue)
Start: 08 Mar 2023
End: 08 Mar 2024 4.80% 1,052,317
Toronto Dominion Bank 10,000 AA-F1+
(Orange)
Start: 16 Jun 2022
End: 15 Jun 2023 2.85% 436,311
Landesbank Hessen-
Thueringen Girozentrale 5,000 A+/F1+
(Orange)
Start: 30 Nov 2022
End: 29 Nov 2023 4.47% 306,000
Standard Chartered
Bank 10,000 A+/F1
(Red)
Start: 30 Nov 2022
End: 30 May 2023 4.06% 944,807
SMBC Bank International 11,000 A-/F1
(Red)
Start: 02 Feb 2023
End: 02 Jun 2023 4.13% 200,500
Stoke on Trent City
Council 2,000
Quasi-UK
Government
(AA- / Yellow)
Start: 06 Apr 2020
End: 06 Apr 2023 1.60% 3,029,079
Total 113,982    11,261,817 
As can be noted from the table above, the Council has no direct
exposure to any counterparty domiciled in Switzerland. 
The Council have a diversified portfolio which is spread across the
UK, Canada and Germany.  Canada has the highest possible
sovereign rating (“AAA”) from both Moody’s and Standard & Poor’s
and a “AA+” rating from Fitch, one notch below the highest possible.
Its major banks, including Toronto Dominion are all designated
“Orange – 12 months” under the Link methodology.  Likewise,
Germany has the highest possible sovereign rating from all three
rating agencies, while Landesbank Hessen-Thueringen Girozentrale
is also designated “Orange – 12 months” under the Link methodology. 
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6
APPENDIX 1: Approved countries for investments 
Based on the lowest available rating as at 07.04.2023 
AAA
• Australia
• Denmark
• Germany
• Netherlands
• Norway
• Singapore
• Sweden
• Switzerland 
AA+
• Canada
• Finland
• U.S.A. 
AA
• Abu Dhabi (UAE)
• France 
AA-
• Belgium
• U.K. 
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7
Appendix 2: Permitted Investments 
The Council uses the Link creditworthiness service for specific categories of
permitted investments.  This utilises credit ratings from the three main credit
rating agencies – Fitch, Moody’s and Standard & Poors, along with credit
watches, outlooks, CDS spreads and country sovereign ratings in a weighted
scoring system with an end product of a series of colour coded bands which
indicate the relative creditworthiness of specific categories of counterparties
for investment. 
These colour codes are used by the Council to determine the maximum
suggested duration for investment with that counterparty.  These are as
follows:- 
Link Asset
Services
Colour Code
Maximum Suggested
Duration for Investment
Yellow 6 years*
Dark Pink 6 years**
Light Pink 6 years**
Purple 2.5 years
Blue 1.25 years***
Orange 1.25 years
Red 7 months
Green 120 days
No colour Not to be used
* Note the yellow colour category is for:- UK Government Debt, or its
equivalent, Money Market Funds (MMF's), and collateralised deposits
where the collateral is UK Government Debt
** Dark Pink for Ultra Short Dated Bond Funds with a credit score of 1.25;
Light Pink for Ultra Short Dated Bond Funds with a credit score of 1.5
*** Only applies to nationalised or semi-nationalised UK banks 
Note that the maximum suggested durations listed above have been extended
by 1 year (when compared to the suggested maximum durations provided by
Link) for the Yellow, Dark Pink, Light Pink categories (and so to 6 years); the
Purple category by 6 months to 2.5 years; the Blue and Orange categories by
3 months to 1.25 years; the Red category by a month to 7 months, and the
Green category by 20 days to 120 days.  This is to allow flexibility around these
durations on the margins e.g. the placement of a 13 month fixed term deposit
for a counterparty rated Orange or Blue.  A thorough appraisal of the additional
risk involved in extending the duration of any deposit (marginally) beyond the
maximum suggested by Link, against any enhanced value to the portfolio, will
be undertaken prior to the placement of any deposit.
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Prepared for Midlothian Council
March 2023
Midlothian Council
Annual Audit Plan 2022/23 
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Midlothian Council Annual Audit Plan 2022/23 | 2
Contents 
Introduction 3
Financial statements audit planning 5
Wider Scope and Best Value 11
Reporting arrangements, timetable, and audit fee 15
Other matters 18
Appendix 1: Your audit team 20 
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Introduction | 3 
Introduction 
Summary of planned audit work
1.  This document summarises the work plan for our 2022/23 external audit of
Midlothian Council. The main elements of our work include:
• evaluation of the key controls within the main accounting systems
• an audit of the annual accounts, and provision of an Independent
Auditor’s Report  
• audit opinions on the financial statements and other statutory information
published within the Annual Accounts including the Management
Commentary, Annual Governance Statement and the Remuneration
Report 
• consideration of arrangements in relation to wider scope areas: financial
management; financial sustainability; vision, leadership and governance;
and use of resources to improve outcomes 
• consideration of Best Value arrangements
• providing assurance on the Housing Benefit Subsidy Claim, Non-
Domestic Rates Return and the Whole of Government Accounts (WGA)
return
• reviewing the council’s arrangements for preparing and publishing
statutory performance information.
Audit Appointment
2.  We are pleased to be appointed as the external auditor of Midlothian Council
for the period 2022/23 to 2026/27 inclusive.  You can find a brief biography of
your audit team at Appendix 1. 
3.  In the first year of the audit appointment, we invest significant time gaining an
understanding of your business and identifying and assessing the risks of
material misstatement to the financial statements. While we use our initial
assessment of risk to inform our planned audit approach, we keep our
assessment of risks under review as the audit progresses.  We will inform you of
any significant changes in assessed risks and any resulting changes in our
planned audit work. 
4.  The audit team will actively engage with you over the course of the audit to
ensure our audit work continues to be focused on risk.
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Introduction | 4 
Adding value
5.  We aim to add value to Midlothian Council through our external audit work by
being constructive and forward looking, by attending meetings of the Audit
Committee and by recommending and encouraging good practice. In so doing, we
will help Midlothian Council promote improved standards of governance, better
management and decision making and more effective use of resources.
Respective responsibilities of the auditor and Audited Body 
6.  The Code of Audit Practice 2021 sets out in detail the respective responsibilities
of the auditor and Midlothian Council. Key responsibilities are summarised below. 
Auditor responsibilities
7.  Our responsibilities as independent auditors are established by the Local
Government (Scotland) Act 1973, the Code of Audit Practice (including
supplementary guidance) and guided by the Financial Reporting Council’s Ethical
Standard. 
8.  Auditors in the public sector give an independent opinion on the financial
statements and other information within the annual report and accounts. We also
review and report on the wider scope arrangements in place at Midlothian Council.
In doing this, we aim to support improvement and accountability.
Midlothian Council responsibilities
9.  Midlothian Council is responsible for maintaining accounting records and
preparing financial statements that give a true and fair view. 
10.  Midlothian Council has the primary responsibility for ensuring the proper
financial stewardship of public funds, compliance with relevant legislation and
establishing effective arrangements for governance, propriety and regularity that
enable them to deliver their objectives.
Communication of fraud or suspected fraud
11.  In line with auditing standards, in presenting this plan to the Audit Committee,
we seek confirmation from those charged with governance of any instances of
actual, suspected, or alleged fraud that should be brought to our attention.
Should members of the Audit Committee have any such knowledge or concerns
relating to the risk of fraud within Midlothian Council, we invite them to
communicate this to the appointed auditor for consideration. 
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Financial statements audit planning | 5 
Financial statements audit
planning 
Introduction
12.  The annual accounts are an essential part of demonstrating Midlothian
Council’s stewardship of resources and its performance in the use of those
resources.
13.  We focus our work on the areas of highest risk. As part of our planning
process, we prepare a risk assessment highlighting the audit risks relating to
each of the main financial systems relevant to the production of the financial
statements. 
Materiality
14.  The concept of materiality is applied by auditors in planning and performing
the audit, and in evaluating the effect of any uncorrected misstatements on the
financial statements. We are required to plan our audit to obtain reasonable
assurance that the financial statements are free from material misstatement. The
assessment of what is material is a matter of professional judgement over both
the amount and the nature of the misstatement. 
Materiality levels for the 2022/23 audit 
15.  We assess materiality at different levels and the materiality values for
Midlothian Council and its group are set out in Exhibit 1. 
Exhibit 1
2022/23 Materiality levels for Midlothian Council and its group
Materiality Amount
Planning materiality – This is the figure we calculate to assess the overall
impact of audit adjustments on the financial statements. Materiality has been set
based on our assessment of the needs of the users of the financial statements
and the nature of Midlothian Council’s operations.    For the year ended 31
March 2023 we have set our materiality at 1.5% of gross expenditure based on
the audited annual accounts for 2021/22.
£5.7 million
Performance materiality – This acts as a trigger point. If the aggregate of
errors identified during the financial statements audit exceeds performance
materiality, this could indicate that further audit procedures should be
considered. Using our professional judgement, we have assessed performance
materiality at 60% of planning materiality.
£3.4 million 
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Financial statements audit planning | 6 
Materiality Amount
Reporting threshold (i.e. clearly trivial) – We are required to report to those
charged with governance on all unadjusted misstatements more than the
‘reporting threshold' amount. 
£250,000 
Source: Audit Scotland
Significant risks of material misstatement to the financial
statements
16.  Our risk assessment draws on our cumulative knowledge of Midlothian Council,
its major transaction streams, key systems of internal control and risk management
processes. It is informed by our discussions with management, meetings with
internal audit, attendance at committees and a review of supporting information. 
17.  Audit risk assessment is an iterative and dynamic process. Our assessment of
risks set out in this plan may change as more information and evidence becomes
available during the progress of the audit. Where such changes occur, we will
advise management and where relevant, report them to those charged with
governance.
18.  Based on our risk assessment process, we identified the following significant
risks of material misstatement to the financial statements. These are risks which
have the greatest impact on our planned audit procedures. Exhibit 2 summarises
the nature of the risk, the sources of assurance from management arrangements
and the further audit procedures we plan to perform to gain assurance over the
risk.
Exhibit 2
2022/23 Significant risks of material misstatement to the financial statements 
Significant risk of
material misstatement 
Sources of
assurance
Planned audit response
Risk of material
misstatement due to
fraud caused by
management override of
controls 
As stated in International
Standard on Auditing (UK)
240, management is in a
unique position to
perpetrate fraud because
of management’s ability to
override controls that
Owing to the nature of
this risk, assurances
from management are
not applicable in this
instance
• Assess the design and
implementation of controls over journal
entry processing.
• Make inquiries of individuals involved
in the financial reporting process about
inappropriate or unusual activity relating
to the processing of journal entries and
other adjustments.
• Test journals at the year-end and
post-closing entries and focus on
significant risk areas. 
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Financial statements audit planning | 7 
Significant risk of
material misstatement 
Sources of
assurance
Planned audit response
otherwise appear to be
operating effectively.
• Consider the need to test journal
entries and other adjustments during the
period.
• Evaluate significant transactions
outside the normal course of business.
• Assess any changes to the methods
and underlying assumptions used to
prepare accounting estimates compared
to the prior year.
• Carry out substantive testing of
income and expenditure transactions
around the year-end to confirm they are
accounted for in the correct financial
year.
• Conduct focussed testing of
accounting accruals and prepayments.
• Assess the adequacy of controls in
place for identifying and disclosing
related party relationships and
transactions in the financial statements.
2. Estimation in the
valuation of other land
and buildings
Midlothian Council hold
land and buildings (non-
housing) with a NBV of
£526 million as at 31
March 2022.   
There is a significant
degree of subjectivity and
complexity in the valuation
of land and buildings.
Valuations are based on
specialist and
management assumptions
and changes in these can
result in material changes
to valuations. Material
errors were also identified
in the prior year valuation
process by the prior year
auditor.
The 2022/23 revaluation
exercise is planned to
Council procedures
and controls around
valuation and
accounting.
• Review the information provided to
the valuer to assess for completeness.
• Evaluate the competence,
capabilities, and objectivity of the
professional valuer.
• Complete a walkthrough of the
valuation process to obtain an
understanding of the process, including
the methodologies and assumptions
applied.
• Obtain an understanding of the
management’s involvement in the
valuation process to assess if
appropriate oversight has occurred.
• Examine management’s assessment
of any assets not revalued in 2022/23
against evidence of changes in other
revalued assets.
• Test the reconciliation between the
financial ledger and the property asset
register.
• Perform sample testing of individual
asset valuations and lives.
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Financial statements audit planning | 8 
Significant risk of
material misstatement 
Sources of
assurance
Planned audit response
cover a significant
proportion of the estate.
Due to the inherent
complexity and subjectivity
risks regarding land and
buildings’ valuations and
material errors found in the
prior year, a significant risk
of material misstatement in
the 2022/23 valuations has
been identified.  
Source: Audit Scotland
19.  As set out in International Standard on Auditing (UK) 240: The auditor’s
responsibilities relating to fraud in an audit of financial statement, there is a
presumed risk of fraud over the recognition of revenue. We have considered the risk
that revenue may be misstated resulting in a material misstatement in the financial
statements. We also considered the risk of fraud over expenditure, as most public
bodies are net spending bodies, and the risk of external fraud (in accordance with
Practice Note 10: Audit of Financial Statements and Regularity of Public Sector
Bodies in the UK). 
20.  We have rebutted the presumption that a material risk exists, with the
exception of management override, as noted above. This is on the basis that:
• A significant portion of the council’s income comes from government
grants and contributions that can readily be agreed to funding letters
• Income derived from fees and charges for the provision of services is in
low-risk areas of expected income streams 
• Most expenditure is in areas considered low-risk due to the nature of the
expenditure streams or where individual transactions are relatively small
in scale and considered unlikely to result in material misstatements
• Evidence of external fraud from counter fraud services and the National
Fraud Initiative does not indicate material risk
• Experience in the sector, including a review of past misstatements, does
not indicate material risk.
21.  Our audit testing is directed towards testing significant and unusual
transactions and towards assessing accounting estimates to address any
residual risk, as part of our standard fraud procedures. We have not incorporated
specific work into our audit plan in these areas over and above our standard audit
procedures. 
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Financial statements audit planning | 9 
Other areas of audit focus 
22.  As part of our assessment of audit risks, we have identified other areas
where we consider there are also risks of material misstatement to the financial
statements. Based on our assessment of the likelihood and magnitude of the risk,
we do not consider these to represent significant risks. We will keep these areas
under review as our audit progresses. If our assessment of risk changes and we
consider these risks to be significant, we will communicate this to management
and those charged with governance and revise our planned audit approach
accordingly.
23.  The areas of specific audit focus are:
• Valuation of pension liability: The council is an admitted body of
Lothian Pension Fund and recognised a net pension liability of £54
million as at 31 March 2022. The liability requires the use of an actuarial
methodology based on a range of assumptions including financial and
demographic assumptions. The subjectivity around these assumptions
gives rise to a risk of material misstatements in the financial statements.
We will assess the scope, independence and competence of the
professionals engaged in providing estimates for pensions and review
appropriateness of actuarial assumptions and results including
comparison with other councils. We will establish officer’s arrangements
for ensuring the reasonableness of professional estimations and the
accuracy of information provided to the actuary by Midlothian Council. 
• Teachers’ payroll: two pay awards have been granted in 2022/23. The
Council is progressing implementing the awards but work in this area is
incomplete and calculations for supply teachers can be complex. We will
monitor progress in implementing teachers pay awards and test controls
in the payroll system to ensure staff costs are complete, valid, and
accurate. 
• Financial controls cash and bank: Material errors in the unaudited
cash and bank figures were identified by the previous external auditors.
These were identified as relating to the failure of bank reconciliation
controls. We will follow up agreed actions and perform a full system
review in this area in 2023.
Group Consideration 
24.  As group auditors, we are required under International Standard on Auditing
(ISA) (UK) 600: Audits of group financial statements (including the work of
component auditors) to obtain sufficient appropriate audit evidence on which to
base our audit opinion on the group financial statements.
25.  Midlothian Council has a group which comprises component entities,
including subsidiaries, associates and joint ventures. Our planned audit approach
for the components is informed by our assessment of risk at Midlothian Council
and our consideration of the size and nature of assets, liabilities and transaction
streams. 
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Financial statements audit planning | 10 
26.  We will obtain sufficient appropriate audit evidence in relation to the
consolidation process and the financial information of the components on which
to base our group audit opinion.
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Wider Scope and Best Value | 11 
Wider Scope and Best Value 
Introduction
27.  The Code of Audit Practice sets out the four areas that frame the wider scope
of public sector audit. The Code of Audit Practice requires auditors to consider
the adequacy of the arrangements in place for the wider scope areas in audited
bodies.
28.  In summary, the four wider scope areas cover the following:  
• Financial management - means having sound budgetary processes.
We will consider the arrangements to secure sound financial
management including the strength of the financial management culture,
accountability, and arrangements to prevent and detect fraud, error and
other irregularities, bribery and corruption. 
• Financial sustainability - means being able to meet the needs of the
present without compromising the ability of future generations to meet
their own needs. We will consider the extent to which audited bodies
have shown regard to financial sustainability and are planning ahead
effectively. We look at planning for the medium term (two to five years)
and longer term (longer than five years). We will also comment on
financial sustainability in the longer term. 
• Vision, leadership and governance - audited bodies must have a clear
vision and strategy and work together with partners and communities to
improve outcomes and set priorities for improvement. We will consider
the arrangements in place to deliver the vision, strategy and priorities
adopted by Midlothian Council. We will also consider the effectiveness of
the governance arrangements to support delivery.
• Use of resources to improve outcomes - audited bodies must make
best use of their resources to meet stated outcomes and improvement
objectives. We will consider how Midlothian Council demonstrates
economy, efficiency and effectiveness through the use of financial and
other resources.
Wider scope risks
29.  We have identified wider scope audit risks in the areas set out in Exhibit 3.
This exhibit sets out the risk, sources of assurance from management
arrangements and the further audit procedures we plan to perform to gain
assurances over the risk. 
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Wider Scope and Best Value | 12 
Exhibit 3
2022/23 wider scope risks
Description of risk  Sources of assurance Planned audit response
Financial Sustainability
The council’s five-year financial
strategy, which will be
considered initially in detail by
the Council in June, and
regularly thereafter, highlights
risks, uncertainties and potential
cost pressures that could impact
on the ability of the council to
balance the five-year revenue
strategy and three-year detailed
revenue budgets.
To meet these challenges and
deliver its strategic objectives
it is important that the council
has strong longer-term
financial plans.
• Regular update of
medium and longer-
term financial plans
that take account of
the significant financial
challenges facing the
council
• Well established
procedures for the
monitoring and
reporting of the
council’s financial
performance. 
• The application of
Financial
Management and
Control Code of
Practice
• Review of the council’s
annual budget setting
arrangements.
• Assess the adequacy of the
council’s medium and longer-
term financial plans. 
• Review and assessment of
budget monitoring
arrangements.
• Assess the council’s savings
programme, including the
reasonableness of future
savings plans and the adequacy
of progress reports to
committee.
Workforce Capacity
There have been changes in
key appointments in the last
year which have led to the
section 95 officer being
appointed on a temporary basis
until 30 September 2023 and 
reduced capacity in Finance and
Internal Audit services. 
The council needs to ensure it
has sufficient skills and capacity
within Finance and Internal
Audit on an ongoing basis so
that there is sufficient oversight
of, and resource available for,
the operation of budgetary and
other key financial processes.
The council must also ensure
that sound arrangements are in
place for the handover of
section 95 responsibilities at the
end of September. 
• The only change in
Finance capacity from
the 2021/22 financial
year is the S95 acting up
role for the Financial
Services Manager with
the Finance team being
very experienced both in
detailed accounts
preparation work and
completing this within
planned timescales.
• The Executive
Director Place and the
Acting Chief Financial
Officer work closely on
prioritisation of work thus
maintaining undiluted
focus on key financial
activities as required.
• Internal Audit have
budgetary capacity to
engage some external
audit support for specific
work.
• Monitor arrangements for the
handover of section 95
responsibilities at the end of
September 2023.
• Liaise with staff in Finance on
a regular basis
• Liaise with the Head of
Internal audit on a regular basis
to enable identification of any
slippage in planned work as
early as possible.   
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Wider Scope and Best Value | 13 
Source: Audit Scotland
30.  Our planned work on our wider scope responsibilities is risk based and
proportionate and in addition to local risks we consider challenges which are
impacting the public sector as a whole. In 2022/23 we will consider tackling
climate change and responding to cyber security threats.
Climate Change 
31.  Tackling climate change is one of the greatest global challenges. The
Scottish Parliament has set a legally binding target of becoming net zero by 2045
and has interim targets including a 75% reduction in greenhouse gas emissions
by 2030. The public sector in Scotland has a key role to play in ensuring these
targets are met and in adapting to the impacts of climate change. 
32.  The Auditor General and Accounts Commission are developing a programme
of work on climate change. In 2022/23, we will gather information on Midlothian
Council’s arrangements for responding to climate change covering areas such as
the development of climate change strategies and the monitoring and reporting of
progress against targets for reducing emissions. 
Cyber Security 
33.  There continues to be a significant risk of cyber-attacks to public bodies, and
it is important that they have appropriate cyber security arrangements in place. A
number of recent incidents have demonstrated the significant impact that a
cyber-attack can have on both the finances and operation of an organisation. In
2022/23, we will consider Midlothian Council’s arrangements for managing and
mitigating cyber security risks.   
Best Value 
34.  Under the 2021 Code of Audit Practice, the audit of Best Value in councils is
fully integrated within our annual audit work. 
35.  Best Value at Midlothian Council will be assessed comprehensively over the
period of the audit appointment and will include an annual evaluation of
Midlothian Council’s approach to demonstrating improvement in its strategic
priorities and public performance reporting.  We will also follow up findings
reported previously on Best Value to assess the pace and depth of improvement.
This work will be integrated with the wider scope audit areas discussed above.
36.  In addition to our annual work on Best Value we will conduct thematic
reviews as directed by the Accounts Commission.  In 2022/23 the thematic
review across the sector will be on the effectiveness of council leadership in
developing new local strategic priorities following the elections in May 2022. Our
conclusions and judgements will be reported in a separate report to management
and summarised in our Annual Audit Report.
37.  At least once every five years, the Controller of Audit will report to the
Accounts Commission Midlothian Council’s performance in meeting its Best
Value duties.  The first year of the programme will be from October 2023 to
August 2024 and will cover the councils listed in Exhibit 4.
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Wider Scope and Best Value | 14 
Exhibit 4
Controller of Audit reports 
Falkirk South Ayrshire
Moray Dumfries and Galloway
Clackmannanshire West Dunbartonshire
Orkney Islands City of Dundee
Source: Audit Scotland 
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Reporting arrangements, timetable, and audit fee | 15 
Reporting arrangements,
timetable, and audit fee 
Reporting arrangements 
38.  Audit reporting is the visible output for the annual audit. All Annual Audit Plans
and the outputs, as detailed in Exhibit 5, and any other outputs on matters of public
interest will be published on our website: www.audit-scotland.gov.uk. 
39.  Matters arising from our audit will be reported on a timely basis and will include
agreed action plans. Draft management reports will be issued to the relevant
officers to confirm factual accuracy. 
40.  We will provide an independent auditor’s report to Midlothian Council and the
Accounts Commission setting out our opinions on the Annual Accounts. We will
provide Midlothian Council and the Accounts Commission with an annual report on
the audit containing observations and recommendations on significant matters
which have arisen during the audit. 
41.  Exhibit 5 outlines the target dates for our audit outputs, and we aim to issue the
independent auditor’s report by the statutory deadline of 30 September 2023
Exhibit 5
2022/23 Audit outputs
Audit Output Target date Audit Committee Date
Annual Audit Plan 31 March 2023 25 April 2023
Best Value Management Report 30 September 2023 28 September 2023
Independent Auditor's Report 30 September 2023 28 September 2023
Annual Audit Report 30 September 2023 28 September 2023
Source: Audit Scotland
Timetable
42.  To support an efficient audit, it is critical that the timetable for producing the
annual report and accounts for audit is achieved. We have included a proposed
timetable for the audit at Exhibit 6 that has been discussed with management. 
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Reporting arrangements, timetable, and audit fee | 16 
43.  Covid-19 has had a considerable impact on the conduct and timeliness of
audits. We recognise that it is in the best interests of public accountability to get
the reporting of audited accounts back to pre-pandemic timelines. We are
identifying ways to work more efficiently to expedite the 2022/23 audits whilst at
the same time maintaining high standards of quality. 
44.  We intend to take a hybrid approach to the 2022/23 audit with a blend of onsite
and remote working. We will continue to work closely with management to identify
the most efficient approach as appropriate and will keep timeframes and logistics for
the completion of the audit under review. Progress will be discussed with
management and finance officers over the course of the audit. 
Exhibit 6 
Proposed annual report and accounts timetable  
Key stage    Provisional Date
Consideration of the unaudited annual report and accounts by
those charged with governance
26 June 2023
Latest submission date for the receipt of the unaudited annual
report and accounts with complete working papers package.
30 June 2023
Latest date for final clearance meeting with the Director of
Finance 
05 September 2023
Issue of draft Letter of Representation and proposed
Independent Auditor’s Report
12 September 2023
Agreement of audited and unsigned annual report and accounts 12 September 2023
Issue of Annual Audit Report to those charged with governance. 12 September 2023
Signed Independent Auditor’s Report  28 September 2023
Certified Non-Domestic Rates Return To be confirmed
Certified Housing Benefit subsidy claim To be confirmed
Latest date for WGA assurance (if required)  To be confirmed 
Source: Audit Scotland 
Audit fee
45.  In determining the audit fee, we have taken account of the risk exposure of the
Midlothian Council and the planned management assurances in place. The
proposed audit fee for 2022/23 is £273,550 (2021/22: £265,570).
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Reporting arrangements, timetable, and audit fee | 17 
46.  Our baseline fees have increased in 2022/23 and this is a reflection of the
current audit market and the rising costs in delivering high quality audit work.
There are increased regulatory expectations and risks placed on audit and its
quality, as well as a widening in the scope of work audit must cover.  
47.  In setting the fee for 2022/23 we have assumed that Midlothian Council has
effective governance arrangements and will prepare comprehensive and accurate
accounts for audit in line with the agreed timetable for the audit. The audit fee
assumes there will be no major change in respect of the scope of the audit during
the year and where our audit cannot proceed as planned, a supplementary fee
may be levied. 
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Other matters | 18 
Other matters 
Internal audit
48.  It is the responsibility of the Midlothian Council to establish adequate internal
audit arrangements.  We will review the internal audit plan and the results of
internal audit’s work. While we are not planning to place formal reliance on the
work of internal audit in 2022/23, we will review internal audit reports and assess
the impact of the findings on our financial statements and wider scope audit
responsibilities.
Independence and objectivity
49.  Auditors appointed by the Auditor General for Scotland or Accounts
Commission must comply with the Code of Audit Practice and relevant supporting
guidance. When auditing the financial statements, auditors must also comply with
professional standards issued by the Financial Reporting Council and those of
the professional accountancy bodies. These standards impose stringent rules to
ensure the independence and objectivity of auditors. 
50.  Audit Scotland has robust arrangements in place to ensure compliance with
these standards including an annual ‘fit and proper’ declaration for all members
of staff. The arrangements are overseen by the Executive Director of Innovation
and Quality, who serves as Audit Scotland’s Ethics Partner.
51.  The appointed auditor for Midlothian Council is Claire Gardiner, Audit
Director. Auditing and ethical standards require the appointed auditor to
communicate any relationships that may affect the independence and objectivity
of audit staff. We are not aware of any such relationships pertaining to the audit
of Midlothian Council.
Audit Quality 
52.  Quality is at the core of public audit in Scotland and is the foundation for
building consistency and confidence across all audit work. High quality audits
provide assurance, add value and can support public bodies to achieve their
objectives.
53.  Until 2021/22, the applicable audit quality standard was International
Standard on Quality Control 1 (ISQC (UK) 1). This set out an audit practice’s
responsibilities for its system of quality control for audits.  
54.  ISQC(UK) 1 has been replaced by two new audit quality standards:  Internal
Standards on Quality Management (ISQM (UK) 1) applicable from 15 December
2022 and (ISQM(UK) 2) effective for the 2023/24 audits. Work is underway at
Audit Scotland to meet the requirements of these quality standards.
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Other matters | 19 
55.  Audit Scotland is committed to delivering high quality audits. The foundation
of our quality framework is our Audit Guide, which incorporates the application of
professional auditing, quality and ethical standards and the Code of Audit
Practice (and supplementary guidance) issued by Audit Scotland and approved
by the Auditor General for Scotland. To ensure that we achieve the required
quality standards, Audit Scotland conducts peer reviews and internal quality
reviews. Additionally, the Institute of Chartered Accountants of England and
Wales (ICAEW) have been commissioned to carry out external quality reviews.
56.  As part of our commitment to quality and continuous improvement, Audit
Scotland will periodically seek your views on the quality of our service provision.
We welcome feedback at any time, and this may be directed to the engagement
lead.
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Appendix 1: Your audit team | 20 
Appendix 1: Your audit team 
57.  The audit team involved in the audit of Midlothian Council have significant
experience in public sector audit. 
Claire Gardiner
Audit Director
cgardiner@audit-scotland.gov.uk
Claire has over 18 years of public sector
auditing experience. Claire has worked
across the breadth of the public sector on
financial audits.
Patricia Fraser
Senior Audit Manager
pfraser@audit-scotland.gov.uk
Patricia has 25 years of public sector audit
experience and has delivered external
audit services to a range of bodies
including local authorities, health boards
and central government bodies.
Robert Dick
Senior Auditor
rdick@audit-scotland.gov.uk
Robert has 4 years of public sector audit
experience covering local authorities and
central government. 
58.  The local audit team is supported by a specialist technical accounting team,
all of whom have significant experience of public bodies and work with
accounting regulatory bodies. 
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Appendix 1: Your audit team | 21  
Midlothian Council
Annual Audit Plan 2022/23 
Audit Scotland’s published material is available for download 
on the website in a number of formats. For information on our 
accessibility principles, please visit:
www.audit-scotland.gov.uk/accessibility
For the latest news follow us on social media or
subscribe to our email alerts. 
Audit Scotland, 4th Floor, 102 West Port, Edinburgh  EH3 9DN
Phone: 0131 625 1500  Email: info@audit-scotland.gov.uk
www.audit-scotland.gov.uk
AS.4.0 
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Audit Committee
26 June 2023 
Risk Management Update – Strategic Risk Profile Quarter 4 2022/23 
Report by Derek Oliver, Chief Officer Place 
Report for Information 
1 Recommendations 
Audit Committee is recommended to note the current risk landscape
and organisational response to the most significant risks in Quarter 4
(Q4) 2022/23 (1 January to 31 March 2023). 
2 Purpose of Report/Executive Summary 
The purpose of this report is to provide Audit Committee with: 
i. An update on the risk responses Midlothian Council has
implemented during Q4 2022/23 to respond to the current risk
climate
ii. Assurance that Midlothian Council took a proportionate and
planned approach to prepare and respond to the current risk
climate
iii. The risk evaluation of current strategic risks and opportunities
for the Council 
Date: 15 June 2023
Report Contact:
Derek Oliver, Chief Officer Place
Derek.Oliver@midlothian.gov.uk 
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2 
3 Q4 risk management overview 
3.1 Midlothian Council has delivered a wide range of services to the people
of Midlothian throughout Quarter 4 2022/23 (1 January to 31 March
2023) whilst operating within seasonal challenges including initiation of
the Council’s winter weather response. 
3.2 The Council continues to manage and review risks recorded within the
Strategic Risk Profile. The work required to maintain the necessary
corporate oversight over the broader strategic landscape continues
through the Risk and Resilience Chief Officer’s group and Corporate
Management Team (CMT). 
3.3 Audit Committee should note that there was a change this quarter to
the evaluation of Covid-19.  No new risks were included. Updates on
actions taken are included in the full strategic risk profile (Appendix B). 
Strategic Risk Profile Summary
3.4 The SRP is split into three sections:
• Strategic issues
• Strategic risks
• Opportunities 
STRATEGIC ISSUES - SUMMARY 
Strategic issues Likelihood Impact Score Evaluation Q4 Q3 22/23
COVID 19 1 4 4 Low  High
The Change Programme 5 5 25 Critical  Critical
Financial Stability 5 5 25 Critical  Critical 
COVID-19
3.5 The risk evaluation was reduced from Critical to High in Q1 22/23 and
remained as high through Q2 22/23 and Q3 22/23. With the recovery
from the pandemic, the likelihood has been re-evaluated and
considered low.  However, the Council continues to monitor and risk
assess as appropriate.
The Change Programme 
3.6 The Change Programme remains at Critical throughout 22/23. The
financial challenges of the underlying budget gap pose a significant
challenge for benefits realisation. Council agreed to a solution to
balance the 2022/23 budget, however the increased costs associated
with delivering change and transformation require longer term financial
solutions. Work is ongoing to develop the next Medium Term Financial
Strategy and associated Strategic Plan which will inform the future
direction of the programme. 
Financial Sustainability
3.7 Scottish Government grant settlements fall short of the resources
needed to sustain core services. This core funding shortfall, combined
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3
with inflation pressures, pay awards and demographic pressures
arising from a continued increasing ageing population of over 75’s,
increasing population of 0-15 age group and at a time when there are
rising customer expectations poses a significant challenge for the
Council. 
3.8 The Scottish Budget was announced on 15 December 2022. The first
version of the Local Government Finance circular was published on 20
December 2022 with subsequent revisions received late December
2022 and further revisions published in Q4 January 2023. Work is
ongoing to determine the impact of the Scottish Budget and convert the
cash figures contained within to real term figures and align to
Midlothian’s position. 
3.9 Local Government Funding is reducing significantly in real terms. 
3.10 The scale of the financial challenge continues to be reported to
Business Transformation Steering Group and Council. Discussions on
proposals to inform the Medium Term Financial Strategy are ongoing.
Balancing the budget for future years will require cross party support
and agreement to identify sustainable solutions. 
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4 
STRATEGIC RISKS – SUMMARY 
Strategic Risks Likelihood Impact Score Evaluation Q4 Q3 22/23
Climate change 5 5 25 Critical  Critical
Financial Sustainability in
future years
5 5 25 Critical  Critical
The Long Term Change
Programme
5 5 25 Critical  Critical
Early Years Expansion
(1140 Hours)
4 5 20 High . High
Scottish Child Abuse
Inquiry
4 4 16 High  High
UK decision to leave the
EU
4 5 20 High  High
Growing Council 4 4 16 High  High
Cost of Living Crisis 3 5 15 Medium  Medium
National Care Service  3 5 15 Medium  Medium
Asset Management 3 5 15 Medium  Medium
Cyber Security 3 5 15 Medium  Medium
Health and Safety 3 5 15 Medium  Medium
Care at Home 3 4 12 Medium  Medium
Governance and standards 3 4 12 Medium  Medium
Employee performance 3 4 12 Medium  Medium
Emergency planning and
business continuity
3 4 12 Medium  Medium
Legal and Regulatory
compliance
3 3 9 Medium  Medium
Internal control
environment
3 3 9 Medium  Medium
Corporate policies and
strategies
2 3 6 Low  Low 
STRATEGIC RISKS – RATED CRITICAL/HIGH 
Climate Change 
3.11 The Council developed a Climate Change Action Plan as part of its
Climate Change Strategy approved by Council in August 2020, as well
as making the commitment to achieve Carbon Neutral by 2030. 
3.12 The Carbon Neutral by 2030 strategic board is developing the overall
cross Council response to the Council’s statutory requirements. There
are a range of projects underway which will contribute to the overall
ambition but development of the programme and these projects is
identifying that there is a significant financial investment that is required
to be made to retrofit buildings, fleet replacement and change working
practices. 
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5
3.13 The current financial resource and staffing capacity across the Council
is insufficient and poses a critical risk to delivery. This is also impacted
by the financial sustainability challenge that is articulated in this report. 
3.14 A review of the current Climate Change Strategy and Action Plan is
being undertaken and an update will be provided to Council in Q2
2023/24. The risk evaluation continues to remain Critical in Q3. 
Early Years Expansion (1140 hours)
3.15 Following the Scottish Government’s decision to increase the number
of free early learning and childcare hours to 1140, the Council has
continued to plan with its partners. The two key strands to the
successful implementation are the recruitment and training of staff and
the physical increase in estate capacity. These challenges are being
considered in the wider context of the plan, in which the capacity and
expansion of all funded providers (council, private and voluntary
settings as well as childminders) combine to deliver the requirements. 
3.16 This risk evaluation continues to remain High whilst the Council awaits
an update on the funding provision. 
Scottish Child Abuse Inquiry (SCAI)
3.17 The SCAI risk remains High. The Inquiry has heard all the evidence for
the Section 21 submissions around foster care. 
UK decision to leave the EU
3.18 The rate of inflation is impacting on the cost of living crisis for
Midlothian residents and posing significant risk to a number of Council
Capital Programme work streams. This was reported to the Business
Transformation Steering Group (BTSG) and also through progress
reports on programmes to Council i.e. the delivery of the A701 and
increased school build costs. The current Capital Programme is subject
to a reprioritisation review and will be reported to Council alongside the
Medium Term Financial Strategy. This risk evaluation remains High. 
Growing Council
3.19 In Q2 22/23 the risk evaluation increased from Medium to High and
remains High in Q4. This is in response to the current financial
challenge as described above and the increased pressure the Council
faces with growth. Some current examples of this include:
• Inflationary impact on the delivery of the capital programme
• Cost of living crisis and rent freeze response that could risk the
delivery of the house building programme
• Pressure on the care sector as people are living longer and
require more care provision
• General population growth places additional demand on
infrastructure such as GPs, schools, waste services etc.
3.20 Work is ongoing to review the Learning Estate Strategy and a
reprioritisation of the Capital Programme.   
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6
STRATEGIC OPPORTUNITIES 
Shawfair
3.21 The Shawfair development, with its new Rail link provides a major
incentive for house builders, employers, retail and commercial interests
including opportunities to secure a low carbon community through
district heating from Zero Waste. The Energy Services Agreement with
Shawfair LLP has now been signed and work progresses to deliver the
Energy Centre. 
Easter Bush
3.22 Fast growing opportunities in Science, Technology, Engineering and
Mathematics (STEM) with opportunities to link with education.
Partnership links to schools and university sector at the 'Bush' to
promote STEM. The rate of inflation is impacting on the costs of the
A701 improvements which will was reported to Council at the end of
June 2022. A funding application was submitted to the UK
Government’s Levelling Up fund to close the funding gap. 
City Deal
3.23 Edinburgh and South East Scotland City Region Deal - bid for funding
to Scottish and UK Governments to accelerate economic growth
through investment in infrastructure/ housing/ skills and innovation was
agreed by Council in June 2018.  Projects continue to be progressed
with realisation of regional enhancements and connectivity. In 2022,
Midlothian Council took over the chairing of the City Deal programme.
In Q3 2022/23 this annual chairing arrangement came to an end and
the Council carried out the handover to Scottish Borders Council. 
Creating a world class education system
3.24 The Centres of Excellence model is a core part of the Council's
strategy to create a world-class education system in Midlothian. 
Funding has been approved by Scottish government to create a STEM
centre of excellence as a replacement for Beeslack High school.
Research is being carried with the University of Edinburgh to establish
the impact of new school buildings on educational attainment. 
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7
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
There are no direct resource implications indicated in this report,
although, individual risks have associated resource implications. 
4.2 Digital 
None 
4.3 Risk 
The risks reported in this report are understood with the Council able to
demonstrate the current risk controls and actions being taken in
response to these.
The report provides an overview of the significant risks faced by the
Council during Quarter 4 2022/23 and should act to provide assurance
that Midlothian Council took a proportionate and planned approach to
prepare and respond to each of these risks. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
There are no direct equalities issues arising from this report. 
4.5 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Strategic Risk Profile (Quarter 4 2022/23) 
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8
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
This report provides an overview of the Strategic Risk Profile of
Midlothian Council at a defined point in time. The issues, risks and
opportunities affecting or supporting delivery of the council priorities are
set out within the Strategic Risk Profile. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working 
Hub and Spoke 
Modern 
Sustainable 
Transformational 
Preventative 
Asset-based 
Continuous Improvement 
One size fits one 
None of the above 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you 
Preventative and Sustainable 
Efficient and Modern 
Innovative and Ambitious 
None of the above 
A.4 Delivering Best Value 
The Council’s commitment to best value and securing continuous
improvement can best be delivered when decisions are made against a
backdrop of understanding the risks and opportunities before an
organisation. This report seeks to provide assurance that the current
risk environment is understood and that Midlothian Council is taking
appropriate action in response to those identified risks. 
A.5 Involving Communities and Other Stakeholders 
This Strategic Risk Profile report has been compiled with input from a
range of internal key stakeholders. 
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9
A.6 Impact on Performance and Outcomes 
This report seeks to provide an overview of the challenging risk
environment within which the Council is operating at this time. Being in
a risk aware position helps to inform current and future decision
making, with the intention of enhancing decision making and the
associated performance and outcomes which flow from well informed
decision making. 
A.7 Adopting a Preventative Approach 
The Risk Management approach being taken by the Council is founded
on a preventative approach to managing risks, where appropriate and
more generally to decision making with far greater risk awareness. 
A.8 Supporting Sustainable Development 
Senior Managers must ensure the sustainability of the Council, which
entails identifying, understanding and managing Strategic and Service
level risks and opportunities.
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1
Strategic Risk Profile 
Strategic issues 
SRP.IR.02 The Change Programme 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.02
Risk cause
The pace of transformation strands of activity, reporting to
the Business Transformation Board, does not secure
service transformation, delivery of outcomes or benefit
realisation. 
Risk event
Delayed progress or non-achievement of outcomes and
benefits. 
Risk effect 
Slow or delayed financial benefits arising from service
redesign, requiring the adoption of recovery plans or
requiring short term service reductions which impact on the
Council’s ability to deliver against its priorities.  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships
1. Strategic Boards established reporting to the Business
Transformation Board covering the full range of transformation strands:
Capital Strategy; Carbon Neutral by 2030; Digital First; Economic
Renewal; Education Recovery; HSCP Transformation; Hub & Spoke
Place Based Solutions; Remote Working. 
2. Regular reporting to Council setting out scale of financial challenge
ahead with recurring expenditure for current service delivery projected
to exceed recurring income. 
3. Cross Party Business Transformation Steering Group engaged in
consideration of measures to secure balanced budgets alongside the
development of a Strategic Plan to support decisions about what
services, beyond those which are statutory can be provided. 
4. Financial monitoring reports and work of the Financial Management
Corporate Management Team evidence continued financial
sustainability, in so far as services are delivered within the overall
budget in year.  
5 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SPR.RA-
02.08 Strategic Plan 2023 to 2028
Q4 22/23:  The Strategic Plan, Transformation Blueprint and updated MTFS projections
will all be presented to Council in June 2023. They come together to provide a framework
to effect change and to move the Council to a position of financial sustainability. 
Q3 22/23: Development of Strategic Plan and MTFS for next term of Council being
progressed to support decisions about what services, beyond those which are statutory
can be provided. This facilitates setting of the 2023/24 budget in February 2023.
Chief Finance
Officer 27-June-2023 
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2
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q4 22/23:  An assessment of the projected budget gap through to 2028/29 was presented
to BTSG, is contained in the Transformation Blueprint and will be updated regularly to
BTSG and to Council. 
Q3 22/23: An ongoing assessment of the projected gap for 2023/24 proposals through to
2027/28 has been presented to BTSG alongside a series of officer savings proposals to
bring recurring expenditure back in line with recurring income. 
Chief Finance
Officer 27-June-2023 
SRP.IR.07 Financial Sustainability 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.07
Risk cause
Scottish Government Grant settlements fall short of the
resources needed to sustain core services. Core funding
falling short of inflation pressures, pay awards and
demographic pressures arising from an Increasing ageing
population of over 75’s 
Increasing population of 0-15 age group and at a time
when there are rising customer expectations. 
Risk event
Transformation activity and the flexibility available to
Councils as part of the grant settlement does not address
future years projected budget gaps 
Risk effect 
Inadequate government funding makes securing balanced
budgets challenging. It turn erodes the Council’s ability to
deliver services to the community and potentially means
that resources available fall short of those the Council
assess as required to meet its statutory obligations. Whilst
transformation activity can help reshape services and
ensure best value in the delivery of services it is not a
solution to continued erosion of core funding.  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships
1. There is an approved Capital Strategy and Reserves Strategy in
place. The Capital Strategy is being updated in the context of ongoing
and significant infrastructure pressures  
2. There is an approved budget for 2022/23. Services were  delivered
within the totality of that budget and the 2023/24 budget has been
approved albeit with some reliance on one off funding. 
3. There are effective arrangements in place to monitor financial
performance including quarterly reporting to Council with draft reports
considered at a dedicated CMT session each quarter to bring greater
focus. 
4. Directorates have budget boards in place to monitor and agree
actions for those items which are identified as needing specific
attention or present a risk to the financial position of services. 
5. Strategic Boards in place and BTB focus and attention on driving
transformation to support future year’s financial sustainability. 
6. Working through COSLA to influence government spending
decisions to influence Scottish Government’s budget allocation to
Councils. 
7. Capital Plan and Asset Management Board will scrutinise and
challenge slippage on capital programmes recognising that slippage
can have an adverse impact on financial sustainability and also the
delivery on assets required to support capital growth. 
8. Chief Executive continues to emphasise the need for effective
financial control and underlined the benefit to the organisation of such
an approach. Enhanced monitoring arrangements have been put in
placeacross the Council. 
9. Scottish Governments May 2022 Resource Spending Review
provided planning parameters for term of parliament, albeit these are
challenging and present a real terms reduction in grant funding of circa
7% over the period. 
10. Report to Council 21 February 2023 sets out scale of financial
challenge ahead with recurring expenditure for current service delivery
5 5 
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3
projected to exceed recurring income. 
11. “Mini Budgets” progressed in 2020/21 and in 2021/22 that removed
non-deliverable legacy savings targets given focus on response to and
recovery from pandemic. 
12. Cross Party Business Transformation Steering Group engaged in
consideration of measures to secure balanced budgets alongside the
development of a Strategic Plan to support decisions about what
services, beyond those which are statutory can be provided.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SPR.RA-
02.09 Strategic Plan 2023 to 2028
Q4 22/23:   The Strategic Plan, Transformation Blueprint and updated MTFS projections
will all be presented to Council in June 2023. They come together to provide a framework
to effect change and to move the Council to a position of financial sustainability. 
Q3 22/23: The Strategic Plan, Transformation Blueprint and updated MTFS projections will
all be presented to Council in June 2023. They come together to provide a framework to
effect change and to move the Council to a position of financial sustainability.
Chief Finance
Officer 27-June-2023 
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q4 22/23:   An assessment of the projected budget gap through to 2028/29 was presented
to BTSG, is contained in the Transformation Blueprint and will be updated regularly to
BTSG and to Council. 
Q3 22/23: An ongoing assessment of the projected gap for 2023/24 proposals through to
2027/28 has been presented to BTSG alongside a series of officer savings proposals to
bring recurring expenditure back in line with recurring income
Chief Finance
Officer 27-June-2023 
SRP.IR.10 COVID 19 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.10
Risk cause: COVID 19 Virus 
Risk event: Virus evident in all communities with rates of
positive infection increasing. In a Sottish setting the focus
on increase is within the central belt. 
Risk effect: Potential for widespread impacts with the risk
of significant levels of community transmission leading to
increased government restrictions aimed at reducing
community transmission. 
Delivery of services making use of remote working
solutions as far as possible. National lockdown measures
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
1. CIMT established to take the strategic approach to managing the
response to COVID 19 and stands ready to be re-initiated at any time. 
2. Hybrid working has been adopted by the Council as well as a
dedicated Hybrid Working Board as part of the Transformation
Programme 
3. COVID-19 guidance monitored and continually revised, with
particular focus on Adult Services, Children’s Services, Education and
Communities and Lifelong Learning around how they would continue to
maintain contact with children and young people who were deemed to
be at risk. 
4. Keeping employees briefed and supported through the Chief
Executive’s weekly staff briefings; Communications weekly email and
routine HR updates. (e-mailed to all employees through combination of
work and personal e-mail addresses). Includes Wellbeing advice,
guidance and support and signposting to PAM and EAP providers. 
1 4 
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4
to limit and control spread, impact on income generating
services. 
Rapid pace of guidance change following government
announcements and expectation of quick changes to
service delivery in line with new controls.  
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships,
HR Strategic
Lead
5. Promotion of digital tools to support employees and prevent
employees becoming isolated. 
6. Council website kept up-to date, providing details of which services
were operating and any changes on how to access services. 
7. A range of interventions, including digital equipment and tools such
as MS Teams put in place to support remote and hybrid working 
8. Following safe working guidance issued by Scottish Government
relevant to sectors. 
9. Economic Recovery Strategy 
10. School and workplace based COVID risk assessments continually
reviewed to support the identification and control of risk (and personal
risk assessments where required)                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.10.1 Hybrid Working
Q4 22/23: Project continuing
Q3 22/23: Hybrid Working project is a key project contributing to the Council’s
transformation programme. Project Board regularly reports to Business Transformation
Board and Business Transformation Steering Group. 
Executive Director
Place, Chief
Digital Officer
31-Mar-2023 
SRP.IR.11 National Care Service 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.11
Risk cause
In August 2022 the Scottish Government launched a 12
week consultation on the way in which social care is
delivered in Scotland. The consultation followed
recommendations made in the Independent Review of
Adult Social care. The independent analysis of responses
was published in February 2022. On 20 June 2022 the
Scottish Parliament published the National Care Service
(NCS) Bill which will provide the foundation for the NCS. 
Risk event
A Bill passes through various Parliamentary stages. The
Bill is currently in Stage 1 of the process. The most
significant part of the legislation which poses the most risk
is the intention to transfer social care responsibility from
local authorities to a new, national service. 
Chief Executive,
Executive
Director Health &
Social Care,
Head of Adult and
Social Care;
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place;
Chief Officer
Children, Young
People and
Partnerships
1. The Bill is under consultation and it is anticipated that additional
information will be released by April 2023. 
2. Officer Working Group established to engage with the NCS Design
School and to continue the existing work with COSLA, SOLACE,
SOLAR and other relevant bodies 
3. Ongoing briefings with elected members 
4. Continued dialogue and engagement with Scottish Government and
IJB/H&SCP/Children’s Services  
3 5 
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5
Risk effect 
The details of the logistics of any transfer are not yet
provided within the Bill. It is not clear the extent to which
powers will be removed from local authorities or what the
provision or delivery of services will or will not be. 
At this stage, the risk effect is anticipated to be significant
financial impact to local authorities and IJBs, as well as the
potential for impacts on staffing, transfer of property and
facilities and the reshaping of the delivery of care. 
It should be noted that the initial impact on the Council is
staff time to contribute to the ongoing discussions and
understanding of the impact of the Bill.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.11.1 Officer Working Group 
Q4 22/23: Work on the NCS has been paused but is likely to be restarted In Q1 of 23/24.
Q3 22/23: COSLA and Social Work Scotland have formally requested a pause on the
NCS Bill.
Q1 22/23: Officer Working Group agreed to be established by CMT  
Chief Executive 31 March
2023 
Strategic Risks   
SRP.RR.01 Financial Sustainability in future years 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.01
Risk cause:
Scottish Government Grant settlements fall short of the
resources needed to sustain core services. Core funding
falling short of inflation pressures, pay awards and
demographic pressures arising from an Increasing ageing
population of over 75’s 
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
1.  The Strategic Plan, Transformation Blueprint and updated MTFS
projections will all be presented to Council in June 2023.
2. Maintaining a level of reserves to deal with unforeseen or one off
cost pressures. 
3. Capital and Reserves Strategies in place. The Capital Strategy is
being updated in the context of ongoing and significant infrastructure
5 5 
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6
Increasing population of 0-15 age group and at a time
when there are rising customer expectations 
Policy decisions by UK & Scottish Governments which are
not fully funded. 
Changes to the responsibilities of Local Government and
the funding implication that arise from that, particularly in
respect of the creation of a National Care Service. 
Future year pay award settlements. 
Risk event: 
Real terms reduction in core grant settlements. 
Policies decisions at Government level not fully funded to
Council's. 
Implementation of a National Care Service and impact on
grant settlements 
Securing the extent of change required in order to deliver
financial sustainability and a change program that
recognises the size of the challenge. 
Cost pressures exceeding budget estimates. 
Uncertainty around service delivery models and income
streams and prospects for public finances associated with
COVID impact and recovery. 
Risk effect: 
Gap in Council budget between budget commitments /
pressures and funding level and inadequate options
presented to address this, resulting in a structural deficit.
The pace of growth coupled with the shortfall in grant
settlements adds pressure to Council budgets which will be
unable to deliver capital and revenue work programmes.  
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships
pressures.
4. Working through COSLA to influence government spending
decisions to influence Scottish Government’s budget allocation to
Councils. 
5. Implement a lobbying strategy with government to recognise the
unique position Midlothian Council is in. 
6. Best Value Audit report actions. 
7. Strategic Boards in place to drive transformation in line with the 
Transformation Blueprint. 
8. Dedicating capacity to understand impact of NCS Bill, but limited
details mean this is challenging and many unanswered questions (refer
to specific risk on NCS for further detail)                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q4 22/23:   An assessment of the projected budget gap through to 2028/29 was presented
to BTSG, is contained in the Transformation Blueprint and will be updated regularly to
BTSG and to Council. 
Q3 22/23: An ongoing assessment of the projected gap for 2023/24 proposals through to
2027/28 has been presented to BTSG alongside a series of officer savings proposals to
bring recurring expenditure back in line with recurring income
Chief Finance
Officer 27-June-2023 
SRP.RA.02.0
4 Strategic Plan 2023 to 2028
Q4 22/23:   The Strategic Plan, Transformation Blueprint and updated MTFS projections
will all be presented to Council in June 2023. They come together to provide a framework
to effect change and to move the Council to a position of financial sustainability. 
Q3 22/23: The Strategic Plan, Transformation Blueprint and updated MTFS projections will
all be presented to Council in June 2023. They come together to provide a framework to
Chief Executive,
Chief Finance
Officer
27-June-2023 
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7
effect change and to move the Council to a position of financial sustainability.
SRP.RA.02.0
5 Understanding impact of NCS Bill
Q4 22/23: Work paused
Q2 22/23: COSLA and Social Work Scotland have formally requested a pause on the NCS
Bill.
Q1 22/23: 
Officer Working Group agreed to be established by CMT. Note details on the NCS Bill are
currently limited – see new risk within Strategic Risk profile for further information and
actions  
Chief Executive Paused 
NEW Capital Plan prioritisation
Q4 22/23: Work progressing on Capital Plan prioritisation
Q3 22/23: Work is ongoing to review the overall Capital Plan and committed expenditure,
with a reprioritisation of the programme reflective of the escalating inflationary pressures.
Reprioritisation plan to be presented to Council in Q4 for approval, aligned to the Medium
Term Financial Strategy.
Executive Director
Place, Executive
Director Children,
Young People and
Partnerships,
Chief Finance
Officer, Head of
Development
31 March
2023 
SRP.RR.02 The Long Term Change Programme 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.02
Risk cause
A MTFS that doesn't address the projected budget shortfall
or contextual factors relating to the Midlothian area 
Reduced resources 
Leadership fit for the future 
Lack of clarity or clear compelling vision for the future 
Delay or shortfall in securing savings 
Lack of or not securing transformational change in service
provision 
Risk event
Delayed progress in applying various strands of the
Change Programme including Delivering Excellence
Framework 
Slow benefits realisation and budget savings 
Cuts in service provision rather than service transformation 
Risk effect
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
1. Development of Strategic Plan,  Transformation Blueprint and MTFS
projections whichcome together to provide a framework to effect
change and to move the Council to a position of financial sustainability.
2. Leadership from all Elected Members, Executive Team and Senior
Leadership Group. 
3. Appropriate governance in place across the BTB Strategic Boards 
4. Resilience planning. 
5. Capacity to deliver change. 
6. Dedicating capacity to understand impact of NCS Bill, but limited
details mean this is challenging and many unanswered questions (refer
to new risk on NCS for further detail)  
5 5 SRP.RR.02
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8
Objectives of change not actually met 
Adverse impact on services 
Slow or delayed proposals/savings arising from service
redesign. Potentially further eroding reserves or requiring
short term service reductions which impact on Council's
ability to deliver against its priorities. Staff morale
negatively affected, Government step-in Short term savings
instead of transformation  
Officer Education,
Chief Officer
Young People
and Partnerships              
Related
Action Code Related Action Related action latest note Managed By Due Date 
SPR.IA.02.06 Strategic Plan 2023 - 2028
Q4 22/23:    The Strategic Plan, Transformation Blueprint and updated MTFS projections
will all be presented to Council in June 2023. They come together to provide a framework
to effect change and to move the Council to a position of financial sustainability. 
Q3 22/23: Q3 22/23: The Strategic Plan, Transformation Blueprint and updated MTFS
projections will all be presented to Council in June 2023. They come together to provide a
framework to effect change and to move the Council to a position of financial
sustainability.
Chief Finance
Officer 27-June-2023 
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability. 
Q4 22/23:   An assessment of the projected budget gap through to 2028/29 was
presented to BTSG, is contained in the Transformation Blueprint and will be updated
regularly to BTSG and to Council. 
Q3 22/23: Q3 22/23: An ongoing assessment of the projected gap for 2023/24 proposals
through to 2027/28 has been presented to BTSG alongside a series of officer savings
proposals to bring recurring expenditure back in line with recurring income 
Chief Finance
Officer 27-June-2023 
SRP.RR.03 Legal and Regulatory Compliance 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.03
Risk cause
Current or new legislation applying to Midlothian Council 
Risk event
Council and or Services not identifying all applicable
legislation impacting Council activities and Service
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
1. Executive Directors, Chief Officer(s) and Head(s) of Service
responsible for identifying applicable legislation and propose Council or
Service responses to CMT and Cabinet/Council as required. 
2. Annual Assurance Statement. 
3. Internal Audit testing of internal controls as part of risk based audit
plan. 
3 3 
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9
requirements. 
Risk effect Council failing to meet its statutory obligations
resulting in a potential negative impact for service users or
employees. Reputational impact of not meeting statutory
obligations.  
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships,
Legal and
Governance
Manager
4. External Audit. 
5. Range of external inspection. 
6. Local Scrutiny Plan 
7. BTSG oversight of new legislation
8. Central repository of applicable legislation.              
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.03.0
2 Rights of the Child Bill 
Q4 22/23: No further progress from previous quarter.
Q3 22/23: Scotland is set to become the first country in the UK to directly incorporate the
UN Convention on the Rights of the Child into domestic law. The Scottish Government’s
new bill on the rights of the child is expected to have far reaching implications for public
bodies. Midlothian Council is beginning to roll out training with regards to the implication
this new piece of legislation shall have on all services. 
Q2 22/23: Scotland is set to become the first country in the UK to directly incorporate the
UN Convention on the Rights of the Child into domestic law. The Scottish Government’s
new bill on the rights of the child is expected to have far reaching implications for public
bodies. With guidance beginning to be disseminated from the Scottish Government, the
Council is continuing to monitor and plan.   
Executive Director
Children, Young
People and
Partnerships,
Chief Social Work
Officer
31-Mar-2023 
SRP.RA.03.0
3 National Care Service
Q3 22/23: COSLA and Social Work Scotland have formally requested a pause on the
NCS Bill. 
Q1 22/23: 
Officer Working Group agreed to be established by CMT. Note details on the NCS Bill are
currently limited – see new risk within Strategic Risk profile for further information and
actions.  
Chief Executive 31-Mar-2023 
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10
SRP.RA.03.0
5 Standing Orders
Q4 22/23: The Standing Orders Working Group (SOWG) met in April 2023. The interim
hybrid working protocol was reviewed and referred to Council. It was agreed in May 2023
by Council. SOWG will monitor the implementation of the interim protocol and will review
in Q3/Q4 2023/24. The SOWG will meet in Q3 to review the revised changes to Standing
Orders following its first meeting. It is anticipated that revised Standing Orders will be
presented to Council late Q3/early Q4 for approval and implementation
Q3 22/23: The Standing Orders Working Group was approved and appointed at the
Council meeting on 13.12.2022 and will meet in Q3 to ensure that these issues are
included within this work programme and that all staffing changes are incorporated into
the Scheme of Delegation. In the interim, mitigations will be put in place to ensure
authorisations are valid.  
Q2 22/23: Structural reviews within the Midlothian Council resulting in the Standing Orders
being outdated. Authorised Officers within Regulatory Services may be open to challenge
in relation to statutory enforcement work on grounds of delegated authority. Statutory
enforcement work including the service of Statutory Notices, Fixed Penalties and Court
proceedings may require to be withdrawn resulting in reputational damage and or financial
penalty (e.g. case costs awarded against the LA). Structural reviews approved by Council
have been incorporated into Standing Orders. 
Executive Director
Place; Chief
Officer Corporate
Solutions, Legal
and Governance
Manager
31- Mar 2024 
SRP.RR.04 Employee performance 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.04
Risk cause
Employees not suitably trained/developed for the roles
required of them. 
limited availability of qualified practitioners in certain
sectors 
Change program not informed by all key stakeholders 
Ageing work force 
Employees unclear on expected behaviours. 
Employees constrained to innovate as a result of
management practice 
Employee productivity rate below the required level
because of ineffective use of the People Policies
particularly Maximising Attendance 
Salaries significantly lower in social work area in
comparison to other LA’s resulting in recruitment issues
particularly with trying to recruit experienced staff 
Risk event
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Over-riding risk control measure = Focus on having the right people,
here, healthy, performing, behaving and well led via effective utilisation
of the workforce strategy and accompanying action plan. 
Attendance / Wellbeing
1. Continuing implementation of the Wellness@Midlothian agenda. 
2. Creation of an Employee Health and Wellbeing Strategy and
supporting policy. 
3. Maintaining the Healthy Working Lives Gold Award. 
4. Proactive use of Occupational Health, Midlothian Physiotherapy,
Employee Assistance Programme and the Workplace Chaplaincy
Service. 
5. Change of EAP supplier to ensure provision of best possible service. 
6. Development of progressive People Policies. 
7. Roll-out of mental health training for staff and managers. 
Performance
1. Service-level workforce plans. 
3 4 
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11
Employees not engaged/consulted as part of organisational
transformation. 
Experienced employees leaving the organisation 
Inability to recruit suitably qualified / trained staff to fill
vacancies negatively impacting on remaining workforce 
Unacceptable behaviours demonstrated by employees 
Stated organisational culture not consistently reinforced by
managers 
Poor employee performance will stifle transformational
change 
Risk effect
Difficulties recruiting the right staff 
Challenges retaining quality staff 
Low skill levels 
Low morale, especially during change 
High absence rates, loss of experience in service areas. 
‘A Great Place to Grow’ our values including respect
,collaboration, pride and ownership not realised, potentially
resulting in missing the opportunity to capitalise on the
abilities, experience and ideas of team members. Poor
employee performance will Exacerbate the financial
challenge  
Officer Education,
Chief Officer
Young People
and Partnerships,
HR Strategic
Lead
2. Structured, robust, well established ‘Making Performance Matter’
Framework where expected standards of behaviour and Council values
are re-enforced. 
3. Continued re-enforcement of all People Policies involving various
communication methods. 
4. Development of a suite of management information to ensure
Service Managers are informed e.g. turnover, absence levels/reasons
etc. 
Organisational Change
1. Policy for Organisational Change includes strong emphasis on early
engagement of employees. 
2. Redeployment Procedure to ensure maximum chance of successful
redeployment. 
Conduct
1. Resolution Policy encourages early intervention of workplace issues. 
2. Professional standards and values build into the induction process
and management development programme. 
Communication
1. A range of initiatives to keep staff informed of change (Chief
Executive’s weekly email, Connect, All staff emails, tailored team
briefings etc.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.02.0
4
Revisions to Service Workforce Plans - including analysis
of future workforce requirements, gap analysis and gap
closing strategies, and performance measures and target
setting.
Q3 22/23: Workforce plan guidance issued to all Directorates. Refreshed workforce plans
to be developed in line with the new service plans for the next financial year 23/24.
Q4 22/23: Service Plans 2023-27 being presented to June Council for agreement.  
Workforce plans will then be developed aligned to agreed revised service plans agreed in
June 2023; supporting workforce plans in place by June 2024. 
HR Strategic Lead 31-Mar-2023 
SRP.RA.02.0
6 Workforce wellbeing Q3 22/23: Continuing to embed the new Employee Health and Wellbeing Strategy.   HR Strategic Lead 31-Mar-2023 
SRP.RR.07 Care at Home 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.07
Risk cause
Internal and External providers of Care at Home services
unable to meet service and quality requirements as a result
of a lack of capacity. 
Director Health
and Social Care,
Head of Adult
Health and Social
Care
1. Care at Home winter assurance plan and business continuity plan
complete 
2. Development of Care at Home Service Improvement action plan
near completion 
3. External commissioning complete and ongoing contract monitoring
3 4 
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12
Risk event
Capacity of Community Support outstripped by demand 
Risk effect There is a risk that patients will have their
discharge delayed because there is insufficient community
supports to enable timely discharge leading to deterioration
in their health, beds being blocked and elective operations
potentially being cancelled.  
in place 
4. External provider audits complete 
5. Re-established Multi-Agency Quality in Care at Home quarterly
review meetings jointly with East Lothian 
6. Weekly provider meetings in place 
7. Additional locum team members and contracts with agency staff in
place 
8. Daily discharge meeting with Multidisciplinary and Multi-agency
team planning to plan and coordinate discharge to ensure care at hone
support in place                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.07.0
1 Independent review of adult and social care 
Q4 22/23: Pause remains in place. 
Q3 22/23: COSLA and Social Work Scotland have formally requested a pause on the
NCS Bill. 
Q1 22/23: 
NCS Bill published June 2022. Consultation at Stage 1, concludes in Sept. See separate
risk on NCS for further information.  
Head of Adult and
Social Care; Chief
Executive
30-Jun-2022 
SRP.RR.08 Asset Management – buildings, vehicles,  roads and Digital assets/networks 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.08
Risk cause
Many of the assets the Council own by their nature are in a
position of ongoing deterioration through their normal use,
e.g. roads - normal wear and tear, street lights and vehicles
& buildings used to deliver services. 
Risk event
Many assets will deteriorate under normal conditions
although buildings, roads and street lights as an example
can be damaged during more extreme weather events or
as a result of a lack of maintenance. 
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
1. There is provision in place within the capital plan for investment in
the asset base. 
2. Asset register 
3. Condition Survey 
4. Understanding of future asset needs 
5. Asset Strategy: 
. Roads 
. Land 
. Fleet 
. Digital Service Network 
. Digital Service hardware 
3 5 
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13  
Risk effect
In the case of Roads Services there is a real risk of
increased potholes and insurance claims, reduced skid
resistance leading to higher accident potential and building
up of higher costs in the future. In respect of vehicles,
increased breakdowns, service failures, greater
maintenance inevitable, higher short-term hire costs. In
terms of property, health and safety issues arise, failure to
meet current standards and higher running costs. There is
also the risk of two-tier accommodation, some high quality,
some low. 
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships,
Head of
Development
6. Capital program - investment in estate. 
7. Ongoing monitoring of properties by: Maintenance Surveyors,
Facilities Management and Property Users. 
8. Established Capital Plan and Asset Management Board and
dedicated Asset Management Board 
9. Establishment of 7 thematic Estate Safety and Management Groups
chaired by Chief Officer Place  
10 Building Accessibility Strategy 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.08.0
2
Plan for appropriate investment in capital works and
remedial maintenance over the lifespan of each property
asset.
Q2 22/23: Programme of work agreed to progress for building condition surveys on a
phased approach, over a three year period. Move to implementation into 22/23.   
Check w/Gareth
Chief Officer Place 31-Mar-2023 
SRP.RA.08.0
5 Learning Estate Strategy
Q4 22/23 Due to a number of factors a number of key Learning Estate project remain at
risk. Rising costs, labour shortage and availability of materials. Some of the LES priority
projects are not funded in the existing Capital Plan.
Q2 22/23: Potential risk to delivery of Learning Estate projects due to .inflated costs from a
number of factors. Factoring the commitment to net zero into our projects has added
another cost pressure and may affect the affordability and viability of some projects.
Oversight of Learning Estate programme through the Capital plan & Asset Management
Board   
Executive Director
Children, Young
People and
Partnerships,
Head of
Development
31-Mar-2023 
SRP.RA.08.0
6 Asset Management systems Q2 22/23: Work is ongoing through Place services to identify appropriate asset
management systems   Chief Officer Place 31-Mar-2023 
SRP.RR.09 Emergency Planning and Business Continuity Management 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.09
Risk cause
The Council not preparing or timeously reviewing
Emergency Plans and testing arrangements to respond to
Civil Contingencies Incidents 
Risk event
There are a wide range of potential events the Council may
be expected to respond to e.g. Severe weather incident,
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
Potential sub risks include:- 
01 – Civil Contingencies Risk Register used to highlight key risks and
record response, 
- Council’s plans developed and maintained in response to identified
risks, 
- Risk and Resilience Group support development, peer review and roll
out of plans. 
02 – Establishment based incident response plans in place and
3 4 
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14
Pandemic, Utility disruption etc. 
Risk effect
Censure through non-compliance with the Civil
Contingencies Act 
Not adequately recovering from the loss of major
accommodation (e.g. secondary school, main offices),
computer systems and staff 
Not able to respond to a major emergency in the
community Fatal Accident Inquiries  
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships,
Head of
Development,
Senior Manager
Protective
Services, Health,
Safety &
Resilience
Manager
maintained locally. 
03 – Emergency response plan setting out general approach to
respond to a major emergency in-line with key partner organisations. 
04 – As part of the Council’s Emergency response the importance of
recording decisions made and information available at the time is
highlighted as this would be scrutinised in the event of an FAI. 
05 – Care for People Group meeting 6 weekly to continue support for
Communities in response to COVID – 19 to establish and co-ordinate
support for people on a multi-agency basis. 
06 – Care for People Group: Afghan, Ukrainian and UASC support
programmes                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.09.0
2 Development of Emergency Planning Improvement Plan
Q4 22/23: Following recent participation in a number or emergency exercises a draft
report has been prepared for CMT on Enhancing Organisational Resilience and
Preparedness. This report also addresses progress with business continuity.
Q3 22/23: New Health, Safety and Resilience Team Manager in post
Q2 22/23: New Contingency Planning Officer in post and work progressing on
improvement plan   
Chief Officer
Place; Senior
Manager
Protective
Services, Health,
Safety &
Resilience
Manager 
30 June 2023 
30 Sept 2023 
SRP.RA.09.0
3 Business Continuity System 
Q4 22/23: Refer to point above.
Q3 22/23: Pilot areas identified and champions across Directorates for the roll out
Q2 22/23: System currently being populated ahead of roll out to all services. A small
number of Council services engaged to test and validate operational functionality. Project
governance now overseen through the Customer Service Platform Board   
Chief Officer
Place; Senior
Manager
Protective
Services, Health,
Safety &
Resilience
Manager
31-Mar-2023 
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15      
SRP.RR.10 Governance and Standards in Public Life 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.10
Risk cause
Code of conduct for Members and employees actions
falling short of International Standards. 
Risk event
Failure in openness, accountability, clarity. 
Risk effect
Service, partnerships and project outcomes not achieved
Non-compliance with conduct standards and reduction in
standards in public life  
Chief Officer
Corporate
Solutions; Chief
Executive; Chief
Officer Place;
Executive
Director Place;
Alan Turpie
Potential sub risks include:- 
01 Macro governance at the top – failure in openness, accountability,
clarity; 
02 Micro governance in services, partnerships and projects and
outcomes not achieved 
03 Non-compliance with codes of conduct and reduction in standards
in public life 
04 Annual Assurance Statement. 
05 Standing Orders 
06 Scheme of Administration 
07 Scheme of Delegation  
2 4 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RR.10.0
1 Corporate Governance
Q4 22/23: Annual Assurance Statements to be presented to Audit Committee in June
2023 for 2022/23 year. See above for review of Standing Orders update. 
Q3 22/23: Annual Assurance Statement submitted annually, People Policies and Standing
Orders subject to review process (see separate risks contained within the strategic risk
profile for further information)  
Executive Director
Place; Chief
Officer Corporate
Solutions; Legal
and Governance
Manager
31-Mar-2024 
SRP.RR.11 Corporate Policies and Strategies 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.11
Risk cause
Policies may not match the aspirations of the Council's
Strategic priorities or cultural perspective. 
Risk event
Policies not monitored may become out of date 
Policies not reviewed to ensure alignment with strategic
priorities. 
Risk effect
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
1. Single Midlothian Plan providing overarching direction 
2. Service plans aligned to Single Midlothian Plan. 
3. Leadership team to ensure correct approaches are adopted to get
the right results. 
4. Strategic housing investment plan, submitted to Scottish
Government in October 2022 
5. Procurement Strategy 2018 
6. Capital Strategy 
7. Integrated Joint Board (IJB) Plan 
8. IJB Strategic needs assessment 
2 3 
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16
Policies not monitored could result in non-compliance with
legislation 
Policies not align to strategic priorities will inhibit the rather
than support implementation of strategic priorities.  
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships
9. Midlothian Local Development Plan 2017 – the Council’s corporate
spatial strategy.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.11.0
2 Accessibility Strategy
Q4 22/23: Education staff will work with Place colleagues to update the
Accessibility Strategy for session 23/24 
Q3 22/23: Work progresses through the building audit programme 
Q2 22/23: Education working with Property colleagues to refresh building
data including information on building accessibility. Once work is complete, a
work stream will be progressed to ensure Council compliance. 
Chief Officer
Place; Chief
Operating
Officer
Education;
Senior Manager
Property and
Facilities
Management 
31 Oct 2023 
31-Mar-2023 
SRP.RA.11.0
5 Antisocial Behaviour Policy Q3 22/23: Work continues  Chief Officer
Place 31-Mar-2023 
SRP.RA.11.0
6 Strategic Plan 2023 - 2027
Q3 22/23: Development of Strategic Plan and MTFS for next term of Council
being progressed to support decisions about what services, beyond those
which are statutory can be provided. This facilitates setting of the 2023/24
budget in February 2023  
Chief Executive;
Chief Finance
Officer
31-Mar-2023 
SRP.RR.11.0
1 Parental Engagement Strategy
Q4 22/23 – Positive engagement continues with Parents and learners.
Q3 22/23: A Parental Engagement strategy and a Parent Council Toolkit have
been developed and implemented in October 2022. The Parental Learner
Liaison Officer continues to engage with parents and learners through Parent
Council Chairs, Parent/ learner Conferences as well as hearing their voice
through National Discussions and consultations.
Q2 22/23: Parental Learner Liaison Officer has produced a draft Parental
Engagement Strategy looking at examples throughout Scotland and a
consultation with all stakeholders is underway. Following a review with Parent
Council Chairs, a Parental Engagement calendar has been created for next
session to support PC Chairs with the information and structure they need. The
National Parental Involvement & Engagement survey has been rolled out to all
Primary, Secondary & Special School parents with data to be evaluated in July.
Parent Working Groups have been created to support specific interests and
Chief Operating
Officer
Education
31-Oct-2022 
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17
priorities – Consultation, Equity, Digital Learning, ASN & DWY/Positive
Destinations. A Parent Council ‘Toolkit’ has been created to inform Parents of
the functions of a Parent Council, provide support, signposting and remits. This
will provide a more consistent structure within Midlothian of all Parent Councils
and potentially boost numbers. Social Media has been created for Parental
Engagement and the design of a webpage to add to the Council Website is
underway. Draft plans for our first Parent Conference in Q1 of next session is
underway. The same is to be said for a Pupil Conference. The PLLO is now an
active member in the SEIC Young Persons Involvement Group and regularly
meets the Education Scotland’s Attainment Advisor.   
SRP.RR.12 Internal Control Environment 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.12
Risk cause
Work procedures/process inadvertently create the capacity
for fraud and waste to occur. 
Internal Controls requiring more time, effort or cost than the
risk being managed. 
Mangers failing to follow procedures and keep systems
updated with accurate information 
Risk event
Persons exploiting opportunities to commit fraud 
Waste and errors 
Changing risk landscape associated with remote working
solutions. 
Risk effect
Waste and loss 
Risks over managed with risk controls costing more than
the potential loss being managed. 
Increased opportunity for fraud or financial loss has direct
impact on management information. Has adverse effect on
service performance  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships
1. Services have been prompted to consider fraud and waste within
Service Risk Registers. 
2. Risk Management Guide provides direction on the need to balance
time, effort and cost against benefit of risk controls. 
3. Internal Audit examine internal control arrangements based largely
on the risk registers. 
4. Whistleblowing Policy (subject to review) 
5. Internal and external assurance. 
6. E-learning for staff to complete mandatory training for fraud
awareness. 
7. Implemented changes to business processes and procedures to
maintain and enhance internal control. 
8. Bi-annual updates to Audit committee on progress with
recommendations noted in the annual governance statement. 
9. Continue remind staff of secondary employment/outside interests
and gifts & hospitality 
10. Digital induction for all new employees (with service exceptions),
including legal, HR, procurement, health and safety. Control at entry to
organisation. 
11. Management Development Programme, delivered in partnership
with Edinburgh College, provides reinforcement of organisational
regulatory obligations. 
12. The Integrity Group continues to meet to improve the Council’s
resilience to fraud, corruption, theft and crime (including cybercrime),
maintaining proper risk management, governance and internal control
processes and systems to ensure probity in systems and operations,
and mitigation of risks, including the prevention, detection and
resolution of fraud and irregularities. Management is also responsible
for checking that the arrangements and controls are operating
effectively and obtaining assurances from internal compliance, risk,
inspection, quality, and control functions.  
2 3 
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18              
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.12.0
4 Review of Serious Organised Crime (SOC) group
Q4
Q3 22/23: Review continues
Q2 22/23: Review of SOC has begun with stakeholder engagement underway  
Chief Officer Place 31-Mar-2023 
SRP.RR.13 Climate Change 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.13
Risk cause
Council Services not adequately engaged, resourced or
directed to fulfil the requirements of the Climate Change
Act. 
Risk event
Council Services not responding to the Climate Change Act
with sufficient pace. 
Risk effect 
Council failing to meet its obligation under the Climate
Change (Scotland) Act 2009 and incurring the associated
reputational damage.  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships;
Senior Manager
Planning,
Sustainable
Growth and
Investment
1. Statutory requirement to report on compliance with climate change
duties. 
2. Council Carbon Management Plan 
3. Approval of a Corporate Climate Change Strategy and action plan 
4. CPP Board for Climate Change to bring strategic focus and
oversight of plans and progress. 
5. Resilience Seminars
5 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.13.0
3 Recruitment of Climate Change Officer Q3 22/23: Service Review continues.  
Chief Officer
Place; Senior
Manager
31 March
2023 
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19
Planning,
Sustainable
Growth and
Investment
SRP.RA.13.0
4 Delivery of the BTB Board Carbon Neutral by 2030
Q3 22/23: Work underway to develop a fully costed Climate Change action plan to be
presented to members in Q4 2022/23
Q2 22/23: Carbon Management Plan requires to be reviewed and resourced adequately.
There is a requirement for a cross Council approach to achieve carbon neutral by 2030.
Work is underway in discrete areas to contribute to achievement of the ambition, but
financial resource and staffing is required to develop an overarching engagement and
action plan.  
Chief Officer
Place; Senior
Manager
Planning,
Sustainable
Growth and
Investment
31-Mar-2030 
SRP.RA.13.0
5 Development of the Strategic Plan 2023-27 Q3 22/23: Carbon Neutral by 2030 is a strategic priority within the draft strategic plan  
Chief Officer
Place; Senior
Manager
Planning,
Sustainable
Growth and
Investment
31-Mar-2023 
SRP.RR.14.1 Scottish Child Abuse Inquiry 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.14.1
Risk Cause: Midlothian Council and its legacy
organisations, predating the creation of Midlothian Council
in 1996, have been involved in the provision of care of
children going back to living memory. During this time there
is the likelihood that the care children received fell below
standards of care now in place. There is the further
potential the some people in the care of Midlothian Council
and its legacy organisations were subject to abuse by
those who were employed to care for them. 
Risk Event: The Scottish Government began an Inquiry
into cases of Child Abuse occurring prior to 17 December
2014, the intention of this enquiry is to identify historic case
of abuse which have to date gone unreported. 
The most recent Section 21 notice around the Foster Care
Case Study is a significant piece of work. The request for
information from 1930 to date is very challenging given the
volume of files that require to be read and analysed. 
Risk Effect: If the inquiry finds historic cases of abuse in
Midlothian this could damage the reputation of the Council
Chief Executive;
Executive
Director Children,
Young People
and Partnerships;
Chief Social
Worker
The Council have set up an Abuse Inquiry Project Team to support the
Council to prepare for information requests to support the Inquiry. 
In addition we have a Claims Project Team who have mapped out how
we shall manage any future claims reported against the Local
Authority. 
The Inquiry Team have established a Project Plan covering: 
1. Residential establishments, List D Schools and Foster Carers:
identifying Children’s homes, Foster Carers and any List D Schools in
Midlothian over the last 100 years and researching historic records. 
2. Record Audit: reviewing the Council’s existing paper and electronic
recordkeeping systems to identify relevant records and map them to
residential establishments. This also includes, where possible, noting
the Council’s historic recordkeeping policies, such as retention
schedules. 
3. Cataloguing/Indexing: checking and updating existing recordkeeping
systems for accuracy and consistency, enabling effective information
retrieval when requested by the Inquiry. 
The Project Team have established a Project Plan covering: 
4. Ascertaining the succession and insurance position in relation to
potential historic child abuse claims. 
4 4 
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20
and could place doubt in the eyes of the public as to the
safety of these currently in care. There is significant scope
for a substantial financial impact arising from claims of
historic abuse. Some existing employees may be affected
by the inquiry and subsequent claims of abuse. 
5. Ascertaining and agreeing Midlothian Council’s legal position/
approach in dealing with the potential historic child abuse claims. 
6. Identifying the need for guidance, protocol, templates etc. should/if
any claims be made against the council. 
7. Consideration to identifying if additional staffing will be required as
expected deluge of FOI’s SAR’s in 2018 from solicitors of potential
claimants. 
8. Project team is in place with project plan with a range of identified
actions which are being progressed. Monthly meetings to progress
project plan. 
9. The SCAI Social Worker is very competent and experienced in this
area of work and provides quarterly updates on their findings from the
file read. This is a real strength within this area of work. The CSWO
and Principal Solicitor meet regularly with the social worker to discuss
findings from the file read.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.14.0
3 Foster Care and Residential Care File Review
Q4 22/23: Inquiry has heard all the evidence for the Sect 21 submissions around foster
care. Many CSWO’s were called to give evidence around abuse within their local
authority. Midlothian CSWO was not called to give evidence. This part of the inquiry is
now concluded with learning from this due to be written up by around March 2023. This
information is still not available, once it is the  learning will result in an action plan being
developed which we shall consider and ensure that our policies and practice are updated
accordingly.   
Children’s
Services
Management
Team; Chief
Social Worker 
31 March
2024 
SRP.RR.16 Growing Council 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.16
Risk cause
Population growth in Midlothian over the next 10 - 15 years
will see Midlothian become the fastest growing Council in
Scotland. . 0-15 population increase, projected at 20% and
75+ population increase projected to increase by 100%
between 2014 and 2039. 
Risk event 
Failure to resource and plan for these rises will significantly
Head of Adult and
Social Care;
Director of
Education; Chief
Executive;
Executive
Director Place;
Joan Tranent
1. Local development plan and supplementary guidance on developer
contributions. 
2. Services planning future service provision on the basis of anticipated
service demands 
3. The change programme 
4. Learning Estate Strategy 
5. Capital Plan Prioritisation 
6. Strategic Housing Investment Strategy 
7. Rent Review Strategy 
4 4 
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21
impact the Councils ability to fulfil its statutory obligations in
relation to these groups. 
Risk effect Inadequate capacity within the school estate to
cope with the projected increase in pupil numbers. In
sufficient provision to support an aging population placing
costly inefficiencies on other parts of the care sector.
General population increase placing additional demand on
infrastructure including GP services. Increased pressure on
infrastructure, services e.g. waste collection and growth of
road network as new development roads are adopted.  
8. Joint needs assessment used to develop - IJB Strategic Plan 
9. Capital Plan and Asset Management Board will scrutinise and
challenge slippage on capital programmes recognising that slippage
can have an adverse impact on financial sustainability and also the
delivery on assets required to support capital growth. 
10. City Deal provides the opportunity to support inclusive growth.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.16.0
1 Capital Programme
Q4 22/23. A number of prioritised Learning Estate strategy projects are nit funded within
existing Capital Programme, some have external funding which is at potential risk.
Q3 22/23: Capital Plan prioritisation also includes Learning Estate Strategy expanded to
meet statutory requirements
Q2 22/23: Latest roll projections indicate that that we will breach capacity in some schools
in Aug 2023. Capital programme updated based on outcome of review of Learning Estate
Strategy underway  
Director of
Education;
Executive Director
Place
31-Aug-2023 
SRP.RA.16.0
2 Capital Plan reprioritisation
Q3 22/23: In light of rising costs through inflationary impacts, EU Exit and post pandemic
economic shifts, work is ongoing to review the current capital plan and reprioritise the
programme. This will be reported to Council in Q4 22/23 for review and approval.  
Executive Director
Place, Executive
Director Children,
Young People and
Partnerships,
Chief Finance
Officer, Head of
Development
31-Mar-2023 
SRP.RR.17 UK Decision to leave the EU 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.17
Risk cause
UK vote to leave the European Union 
Risk event
UK leaving the European Union 
Risk effect The impacts associated with the UK's decision
to leave the UK have yet to be realised and will only
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
01 – Risk and Resilience Group 
02 – Taking a risk management approach to identifying and assessing
anticipated impacts 
03 – Working with a range of national and local bodies to inform
preparatory arrangements. 
04 – EU Settlement scheme promoted on Council Internet to support
those living and working in Midlothian to access the Home Office
scheme.  
4 5 
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22
become clear once the final terms of the UK's departure
are finalised. There are some direct potential impacts such
as an end to EU funding of Council co-ordinated projects
and indirect impacts on industries undertaken within the
geographical area which have relied on EU funding, such
as agriculture. There are wider potential implications arising
from uncertainty regarding the resident status of EU
nationals, post any exit agreement, and the availability of
workers from outside the UK accessing the job market here
in the future. These factors have the potential to impact on
the availability of the right people with the right skills being
available to help grow the economy here in Midlothian. One
area this could affect the Council could be in the delivery of
future building projects within Midlothian which could curtail
further economic growth.  
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships              
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.17.0
1 Refresh of Economic Strategy Q2 22/23: Report recommendations agreed by Council in Oct 2022. Work is now
underway to refresh the Economic Strategy by March 2023   Chief Officer Place 31 Aug 2023 
SRP.RR.19 Health & Safety 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.19
Risk cause
Failing to identify and rectify non-compliance with Health
and Safety regulations. 
Risk event
Employees required to undertake tasks they are not
competent to. 
Statutorily driven health and safety protective
arrangements for service users and employees not
implemented correctly. 
Non-compliance with policy and procedure 
Not undertaking audits and inspections to confirm
adherence to policy and legislative requirements. 
Risk effect 
Serious injury of ill health impact on employees and or
service users. 
Negative impact on outcomes for customers/service users. 
Service users and employees exposed to hazards where
statutory requirements exist. 
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
1 - Health Safety and Wellbeing Strategy 
2 - Suite of Health and Safety Management Arrangements developed
setting out council response to statutory obligations (Revised 2021) 
3 - Comprehensive range of Health & Safety Management &
Assessment based development opportunities for line managers 
4 - Use of Health & Safety Management Information System to
enhance information transfer and organisational efficiency 
5 - Comprehensive training programme in place to support those with
responsibility for managing health and safety. 
6 - Guidance and Risk assessment templates to support COVID 19
response. 
7 - Use of comprehensive audit programme to confirm the application
of agreed management Arrangements and Council Policy. 
8 - New risk assessment guidance and support for managers rapidly
deployed in response to COVID 19 in line with associated Scottish
Government guidance.  
3 5 
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23
Statutory health and safety - duty of care over services
users and employees not met. 
Criminal prosecution of the Corporate body and or
individuals through Corporate Homicide (Corporate
Manslaughter) Significant financial penalties from Criminal
Prosecution.  
Young People
and Partnerships;
Protective
Services Senior
Manager; Health,
Safety and
Resilience
Manager              
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.19.0
1 Delivery of Health, Safety and Wellbeing Strategy 
Q4 22/23: A Health, Safety & Resilience Service Plan, 2023/24 has been drafted and is
being implemented.
Q3 22/23: Health, Safety and Resilience Manager started 9 January 2023.
Q2 22/23: Appointment made for Team Manager Health, Safety & Resilience. Due to take
up post in Jan 2023.  
Chief Officer
Place; Edel Ryan 
2023/24 
31-Mar-2023 
SRP.RA.19.0
7 H&S audit across all Council estate 
Q4 22/23: Health, Safety and Resilience Service Plan’s revised suggested approach
– Training, Self-Assessment and Audit. 
Zurich Insurance high level audit of H&S due to start in July 2023.
Q3 22/23: Zurich rolling out training across the Council 
Q2 22/23: Protective Services and Property Service are progressing a Health and Safety
building audit across the full Council estate, which will inform the development of
associated action plans taking a risk based assessment of the findings. Asbestos
inspection programme commenced with first round of inspections focussed on the learning
estate over the summer holiday period. Review of arrangements for first aid and fire
warden provision commenced.   
Chief Officer Place 
2023/24 
31-March-
2023 
SRP.RR.20 Early Years Expansion (1140 Hours) 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.20
Risk cause
Population growth in Midlothian over the next 10 - 15 years
will see Midlothian become the fastest growing Council in
Scotland. . 0-15 population increase, projected at 20% in
addition the Scottish Government has made a commitment
to increase the current provision of free early years care
from 600 to 1140 hours. 
Risk event 
Failure to resource and plan for these rises will significantly
Chief Executive;
Executive
Director Place;
Executive
Director Children,
Young People
and Partnerships;
Chief Finance
Officer
1. Learning Estate Strategy 
2. Early Years Expansion to 1140 hours updates 
3. Capital Strategy 
4. School Roll Projections to be reviewed and updated 
5. Business Support and Finance Business Partners reviewing external
funding landscape closely for future funding options  
4 5 
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24
impact the Councils ability to fulfil its statutory obligations in
relation to these groups. 
The sustainable rate review may lead to significant
increase in funding to providers; maintaining current rate is
not an option if not deemed sustainable. The result could
lead to a funding gap in future years. 
Risk effect 
Inadequate capacity within the school estate and/or Early
Years to cope with the projected increase in numbers. Lack
of staffing and/or financial support to build new schools
Potential for additional unfunded request to place 4 year
olds with August to December birthdays requesting
additional year of 1140 hours, not currently funded by
Scottish Government.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RR.20.0
1 1140 future years funding
Q4 22/23 Projects have been reviewed and rationalised to reflect the Learning Estate
strategy, regular updates provided to Scottish Futures Trust.
Sustainable rate discussions continue at a national level. Impact of uncertainty at a local
level is a concern and may have a negative on provision. 
Q3 22/23: No change – awaiting outcome of funding position
Q2 22/23: Potential increased costs associated with paying a sustainable rate to partner
providers may place further pressure on containing service delivery costs within available
funding. Scottish Government funding for 2023/24 will be known during Q3.   
Executive Director
Children, Young
People and
Partnerships,
Chief Finance
Officer
31-Mar-2023 
SRP.RR.21 Cyber Security 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.21
Risk Cause:
Malicious attempts to damage, disrupt or gain unauthorised
access to Council computer systems, networks or devices 
Risk Event:
The Council is at significant risk of cyber-attack from
Ransomware Phishing Emails, Advanced Persistent
Threats (APT) and Distributed Denial of Service Attacks
(DDOS) attacks. Hacking and Social Engineering. 
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
1. Implementation of and compliance with the Scottish Government
Cyber Resiliency Public Sector Action Plan 
2. Cyber Essentials Plus Certification 
3. Public Sector Network (PSN) Certification 
4. Appropriate technical and organisational measures deployed to
reduce the likelihood and impact of an attack 
5. Employing an Information Governance and Security Lead 
6. Implementing Scottish Government Cyber Security Action Plan 
7. Creating a Midlothian Cyber Defence Action Plan. 
8. Adoption of the NCSC (National Cyber Security Centre) Active
3 5 
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Risk Effect:
Access to Council systems by cyber criminals and foreign
intelligence agencies for financial, commercial or
information gathering reasons. This could lead to
significant financial losses, data compromise and
subsequent regulatory sanction if our technical and
organisational measures are deemed insufficient. 
Severe business disruption including the almost total loss
of critical IT systems and networks leading to significant
service delivery challenges.  
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships,
Head of
Development,
Senior Manager
Protective
Services, Health,
Safety &
Resilience
Manager
Cyber Defence programme                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.21.1 Appropriate Technical and Organisational Measures
Q4 22/23: Action/mitigation includes:- 
1. Appointment of Principal Data & Information Officer to implement best practices for
security and information governance through configuration of new Microsoft modules
2. Staff phishing exercise completed 
3. Cyber security training software implemented via MS Teams and deployed
4. Preparations completed for Q1 2023/24 PSN Audit/ Penetration Testing, and Cyber
Essentials certification  
5. Patching / server upgrades across various applications to ensure potential security
vulnerabilities are closed
6. Continued engagement with NCSC and other public sector bodies to identify, share and
implement any emerging cyber security best practices
Chief Digital
Officer; Cyber
Security,
Information
Governance and
Compliance
Manager
31-Mar-2023 
SRP.IR.12 Cost of Living Crisis 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.12 Risk cause Chief Executive, 1. Council Cost of Living Task Force to oversee the Council’s response 3 5 
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26
The UK is currently facing an unprecedented storm of
increasing prices, bills and tax. The 40 year high inflation
rate of 9% is the main driver of the cost of living crisis
which has outstripped wage and benefit increases. 
Risk event
Rapid ongoing rise of energy prices (gas, electricity and
fuel) as well as food and drink prices. 
Risk effect 
The impact on households is already being noted with 87%
of adults in the UK reported an increase in their cost of
living in April 2022 (Office for National Statistics;
Francis-Devine et al, 2022). The price rises will impact
low-income households the hardest as a larger proportion
of their bills are on energy and food. The Resolution
Foundation estimates an extra 1.3 million people will fall
into absolute poverty in 2023, including 500,000 children.  
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care
to the crisis 
2. Allocation of LACER funding to support those most affected 
3. Strategic Evaluation Partner appointed to create poverty profile 
4. Community Planning Partnership has established a Midlothian
Strategic Poverty Prevention Group co-chaired by Council Leader and
Director of Public Health 
5. New Child Poverty chair and lead appointed (Executive Director
Children, Young People and Partnerships) 
6. Child Poverty self-evaluation underway with Improvement Service                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.12.1 Cost of Living Task Force
Q3 22/23: Establishment of Warm and Welcoming Hubs in Lasswade and Newbattle
libraries for the winter
Q2 22/23: The Council agreed to establish a Cost of Living Crisis Task Force at its
meeting on 28 June 2022 and is now meeting fortnightly. Membership is drawn across
CMT, cross party member representation and NHS.  
Chief Executive 31 March
2023 
SRP.RA.12.2 LACER funding Q2 22/23: Identification of 15 trusted partners to distribute funding in communities for food
and fuel, wash and dry provision and support to establish re-heatable food initiatives.  
Lifelong Learning
and Employability
31 March
2023 
Strategic Opportunities 
SRP.OP.01 Shawfair 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.01 The delivery of a new sustainable low carbon community at
Shawfair.  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
1. Shawfair Landowners Group meets quarterly. 
2. Legal agreement with developers to secure developer contributions
(Section 75) towards infrastructure. 
3. Approved masterplan and design guide for the entire community 
4. Business and industrial provision, including small business incubator
5 4 
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27
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Senior Manager
Planning,
Sustainable
Growth and
Investment
space. 
5. Circa 4000 new homes 
6. A school campus comprising Early Years, Nursery, Primary,
Secondary & Life Long Learning provision, currently not reflected in
Capital Plan
7. New Primary schools 
8. Public Transport infrastructure including railway station. 
9. Midlothian Energy Ltd (Joint Venture between MLC and Vattenfall)                
Related
Action Code Related Action Related action latest note Managed By Due Date Status 
SRP.OP.02 Borders Rail 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.02
Passenger numbers after three years of operation are
above projections. The railway has been, and continues to
be a catalyst for economic development, access to training
and labour markets, tourism growth, environmental
improvements must notably in town centres, and access to
the countryside.  
Chief Executive,
Executive
Director Place,
Chief Officer
Place
1. Monitored by Economic Development. 
2. Maximising the Impact: A blueprint for the Future - published by the
blueprint group involving Scottish Government, Scottish Borders,
Midlothian and City of Edinburgh Council, Transport Scotland, Scottish
Enterprise and Visit Scotland. The document sets out the ambitions of
the partners to realise the full potential of the new Railway. 
3. Timely submission of bids for approval by the Blueprint Group 
4. Close monitoring of approved funded projects. 
5. Borders rail subgroup chaired by Midlothian Council Chief
Executive.  
5 4 
Related
Action Code Related Action Related action latest note Managed By Due Date Status         
SRP.OP.03 Easter Bush - Penicuik 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.03
One of Midlothian’s largest and most significant
employment areas. Fast Growing opportunities in Science
Technology Engineering and Mathematics (STEM) with
opportunities to link with education. Partnership links to
Chief Executive,
Executive
Director Children,
Young People
1. Planning in place around creating Secondary Schools as centres for
excellence linked to specialisms including Science Technology
Engineering and Mathematics (STEM). 
2. Land allocated for expansion. 
5 4 
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28
schools and university sector at the 'Bush' to promote
STEM. 
Need to secure long-term strategic road access to ensure
continued growth.  
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of
Development
3. Midlothian Science Zone. 
4. City Deal funding to provide for growth and strategic road access.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.OP.03.A
2 A701/A702 Trunk Road Improvements
Q4 22/23
The funding gap associated with this project is estimated to be £33.2m. Midlothian Council
submitted an application to the UKG Levelling Up Fund (LUF) to attract alternative funding
into the project to close this gap. The application was unsuccessful. Alternative funding
opportunities and means to phase and prioritise the programme are currently under
consideration. 
A revision to alignments due to landfill avoidance and required increase in roundabout
sizes at Bush Loan and the A702 Spur Road junctions was made to the specimen design.
This is progressing with the target of submitting a planning application Q1 2024. 
31- March -
2024 
SRP.OP.04 City Deal 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.04
South East Scotland Region City Deal - a bid for funding to
Scottish and UK Governments to accelerate economic
growth through investment in infrastructure/ housing/ skills
and innovation. 200 Council Houses linked to the City Deal.  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
1. City Deal signed in August 2018. 
2. Maintain strong Midlothian involvement through the City Deal
governance structure. 
3. Midlothian City Deal Key Officer (Internal) Group. 
4. Securing best arrangements for Midlothian through close liaison with
partners and conclusion of business cases.  
4 5 
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29
and Partnerships, 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.OP.04.0
2 Realisation of outcomes of respective work streams 
Q3 22/23: Midlothian has now completed its year as chair. Work continues on the relevant
programmes.
Q2 22/23: For the 2022 calendar year Midlothian is the chair of the CRD programme
(annual rotation across the six Local Authorities).  
Executive Director
Place 31-Mar-2023 
SRP.OP.05 Growing Council 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.05
Midlothian Council has been identified as the fastest
growing Council’s in Scotland. This brings the opportunity
to support the Council vision of being ‘A Great Place to
Grow’. As a growing Council this brings the opportunity to
redevelop parts of Midlothian, improve infrastructure with a
focus on area targeting, improving economic opportunities,
improving education and health outcome. 
This growth creates the opportunity to meet the housing
need with 25% of new homes being built in the affordable
housing bracket, in addition to the expansion in Council
House building. This construction will directly support
employment in construction and will see a steady increase
in the volume of Council tax received over time.  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships, 
1. Community Planning Partnership 
2. The Single Midlothian Plan 
3. Strategic Housing Investment Plan (SHIP)  
5 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
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30
SRP.RA.16.0
1 Capital Programme
Q4 22/23 Funding of statutory learning estate projects is required and not currently
reflected in the Capital plan putting projects at potential risk,
Q3 22/23: Capital Plan prioritisation also includes Learning Estate Strategy expanded to
meet statutory requirements.
Q2 22/23: Latest roll projections indicate that that we will breach capacity in some schools
in Aug 2023. Capital programme updated based on outcome of review of Learning Estate
Strategy underway  
Director of
Education;
Executive Director
Place
31-Aug-2023 
SRP.RA.16.0
2 Capital Plan reprioritisation
Q3 22/23: In light of rising costs through inflationary impacts, EU Exit and post pandemic
economic shifts, work is ongoing to review the current capital plan and reprioritise the
programme. This will be reported to Council in Q4 22/23 for review and approval.  
Executive Director
Place, Executive
Director Children,
Young People and
Partnerships,
Chief Finance
Officer, Head of
Development
31-Mar-2023 
SRP.OP.07 Creating a world Class Education System 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.07
The Centres of Excellence model is a core part of the
Council's strategy to create a world-class education system
in Midlothian. This is an ambitious project designed to
deliver excellence and equity with a particular emphasis on
interrupting the cycle of poverty. 
Risk event:
The Phase 2 Equipped for Learning plan has a strong
focus on transforming classroom practice and learner
outcomes. This can only be achieved if effective technical
support for EfL is in place to support this change. 
Programme is at risk of succeeding due to escalating
inflation costs and resultant pressure on the overall capital
plan budget, as well as resourcing to deliver Learning
Estate programme.  
Risk Effect: 
Without the technical support and appropriate infrastructure
we will not achieve the change resulting in a negative
impact on learners experiences and outcomes  
Chief Executive,
Executive
Director Children,
Young People
and Partnerships,
Executive
Director Place,
Director Health
and Social Care,
Head of Adult and
Social Care;
Chief Officer
Corporate
Solutions; 
Chief Finance
Officer, Chief
Officer Place,
Chief Operating
Officer Education,
Chief Officer
Young People
and Partnerships,
1. Digital Centre of Excellence at Newbattle Community High School 
2. Partnership agreement with the University of Edinburgh 
3. Beeslack Replacement High School, pilot project for next round of
SFT funding – funding model building in energy efficiency targets 
4. Accelerating our ambition – Digital Strategy 
5. Review of Digital team to support Digital Centre for Excellence  
4 5 
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31
Head of
Development 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.OP.A.07
.01 Research and development
Q2 22/23: CIVTECH research project progressing well in partnership with University of
Edinburgh and SFT. Ongoing dialogue with the University of Edinburgh and Edinburgh
College in relation to the new centre of excellence.  
Executive Director
Children, Young
People and
Partnerships
31-Aug-2023 
SRP.OP.A.07
.03 Equipped for Learning
Q3 22/23: Appointment made for Google Administrator and commenced 4 Jan 2023.
Q2 22/23: Recruitment has commenced for the Google Administrator post which will
provide additional capability and enhance the programme delivery  
Executive Director
Children, Young
People and
Partnerships
31-Dec-2022 
Equipped for Learning Delay in Google Roadmap. Requirement for digital services to progress Education Chief
Operating Officer
1 October
2023 
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