Corporate Committee 25th March 2015 ALMO 6 monthly Update
Transcription
Corporate Committee 25th March 2015 ALMO 6 monthly Update
b Corporate Committee 25th March 2015 ALMO 6 monthly Update Wards: All Report authorised by: Strategic Director Commissioning, Helen Charlesworth-May Contact for queries Pauline Marsh, Client Manager 020 7926 7734, [email protected] Report Summary This report forms part of the Council’s commitment to provide Corporate Committee with a regular 6 monthly update report about the management of risk identified by the ALMO’s Audit and Resource Committee (ARC). It is also an opportunity for Lambeth Living to update on audit activities since last reported in September 2014. This is the second update of the current financial year, where Corporate Committee is updated on how key risks are being managed locally by Lambeth Living. In part this report is intended to discharge the Council’s duty to ensure that good governance arrangements are in place and working well in Lambeth Living. A number of Council commissioned audits are being carried out as noted in Lambeth Living’s report ‘Corporate Committee Report – ALMO update FINAL’ attached as appendix 1. Whilst these are not yet finalised, final outcomes and action plans will be considered by Corporate Committee. This report also seeks to reassure Corporate Committee that where risk exists, Lambeth Living is addressing Council concerns. Lambeth Living advise the external auditor for 2014/15 remain as BDO, first appointed in 2013, whilst its internal auditor is PwC. Finance Summary Any costs associated with the content of this report is limited to and accounted for by Lambeth Living. Recommendations 1. To note the content of the report, current status of risks as reported by Lambeth Living, and the actions being taken by Lambeth Living to address the recommendations of internal auditors PwC. 2. To note that the Council commissioned audits which are nearing finalisation will be considered by Corporate Committee. 1.0 2.0 Context 1.1 This report follows on from the September 2014 report, and is the second update in the current financial year (i.e. 2014/15) to Corporate Committee on ALMO governance, providing assurance to Committee that appropriate controls are in place and being progressed by Lambeth Living. 1.2 This report is based solely upon information provided by Lambeth Living and also seeks to provide an update to Corporate Committee on key Finance, Audit and Risk arrangements taking place in Lambeth Living since last reported. 1.3 Lambeth Living’s Audit and Resource Committee update which includes a summary of its audit tracker, see appendix 1. 1.4 It is to be noted that the Council has taken the decision that Lambeth Living is to be reintegrated back into Lambeth Council upon expiry of the current Management Agreement. Reintegration will take place on 26th June 2015. Proposal and Reasons The following sets out Lambeth Living’s audit activities since the last 6-month update report in September 2014. Lambeth Living provide a summary of key Audit and Resource Committee activities in a 6-month update report, attached as appendix 1. Lambeth Living’s Audit and Resource Committee continues to meet regularly each quarter. There have been 2 meetings since the last report – October 2014 and January 2015. 2.1 Audit Committee – Lambeth Living Council Commissioned Internal Audits – The Council has commissioned a review into Lambeth Living prior to re-integration as part of its due diligence. This is a substantial piece of work which commenced in December 2014 and is due to conclude in May 2015. This exercise will cover Finance, Lambeth Living contracts, Home Ownership and Organisational behaviours. In addition to the due diligence work, the Council also has two other audits running concurrently around the procurement of Mears in the South Area, and an audit into the Morrison’s contract relating to an unconnected whistleblowing allegation. This particular audit is nearing final completion, with an overall risk as critical. The council is concerned at this finding, and will closely monitor actions to address any identified risk. Levels of risk will be clarified and an action plan will be developed in conjunction with the Council. 3 Audits are being carried out relating to the delivery of the Decent Homes programme, as required by the GLA. Decent Homes Standard funding is conditional on the GLA being satisfied with the outcome of the Audits. Lambeth Living Commissioned Internal Audits – Feedback from recent Lambeth Living Follow-Up internal audit – this relates to Lambeth Living’s own continuous internal auditing of existing open recommendations. (see Section 2.2 for further detail) Section 20 (i.e. for major works) service charges – focus on billing. It is noted that the due diligence review is also reviewing arrangements in place in respect of Leasehold Services, which includes service charges and final accounts leading to billing. Management accounts – a brief position statement on the update of the management fee, capital spend and the delegated budget. This forms part of the Council’s commissioned external audit on close down. For full details of the summary of activities reported by Lambeth Living see attached appendix 1. Council’s continuous auditing – Regarding the Council’s Continuous Auditing programme in respect of systems managed by Lambeth Living, two systems within the programme managed by Lambeth Living include; housing rents and housing repairs. Table 1 below is an extract from the report to Corporate Committee in December 2014, giving the rating for these two systems for Period 1 2014/15 (up to August 2014). System Rating P1 2014/15 Overall risk classification 2013/14 Rating P2 2013/14 Housing rents A Medium G Housing repairs A Medium A Rating P1 2013/14 Overall risk classification 2012/13 Direction of Travel 2013/14 to 2014/15 A High High R Table 1 – Period 1 ratings The table shows that although Housing Repairs, for Period 1 - 2013/14 was rated as a Red risk, it improved in Period 2 - 2013/14 to Amber and remained at this level for Period 1 - 2014/15. The current Amber rating is due to exceptions noted in the timely completion of post-inspections, determining the direction of travel remained constant. In relation to Housing Rents, the table shows that for Period 1 - 2013/14 the risk was assessed as Amber, improving to Green for Period 2 - 2013/14), but then deteriorated and returned to Amber in Period 1 -2014/15. This was due to exceptions noted in the appropriate approval of rent refunds, determining the direction of travel as downward. Regarding direction of travel, continuous audit goes from period to period. The end of the table shows the up to date position from the period before the current period, in this case Period 1 – 2013/14 to Period 2 – 2013/14 to the current period of testing Period 1 – 2014/15. As mentioned above, in addition to the planned audit work covered by the Council’s Internal Audit Work Plan 2014/15, Council officers have also commissioned a due diligence review to assist with the reintegration process. 2.2 Lambeth Living Internal Audit – March 2015 update Lambeth Living overview of risk Lambeth Living tracks open audit recommendations quarterly via its Audit and Resources Committee (ARC) and monthly via senior management meetings. Their main purpose is to make sure agreed actions are implemented and report progress on open recommendations from various audits carried out by internal auditors. The next ARC meeting will take place on 16th April 2015. The annual Follow-Up (dated November 2014) carried out by Lambeth Living’s Internal Auditor, PwC, reviewed the existing ‘open audit recommendations’. The review focussed solely on ‘following-up’ of the open recommendations that Lambeth Living reported as having been ‘Completed and Closed’. The number of open recommendations has reduced from 48 open internal audit findings (September 2014) to 26. Of these 26 - 3 are classed as ‘high risk’; 14 as ‘medium risk’ and 9 as ‘low risk’. Table 2 below summaries the current ‘open’ and ‘closed’ recommendations since last reported. 1. Executive summary Fol l ow up : trend of report Total number of open fi ndi ng Critical Total High 3 Medium 14 Low 9 Closed Total open Total number of fi ndi ngs High Review reference 4. Lambeth Partnering Contracts 5. Human Resources 6. Key financial Systems 8. Health and safety 9.Budgetry Control 10. Customer Services 11. Health and safety Medium Closed Low Date of Review Open Closed Open Mar-13 May-12 Feb-12 Feb-13 Feb-14 - - 4 1 1* - 1 1 1 Nov - 11 (Fire, asbestos, legionella, electrics and gas safety) - - 2 2 Mar-13 (Lone workers and office compliance) - - 3 - - Feb-13 Mar-14 Mar- 14 (CDM and estate inspections) Total 3 3 - Open 2 2 5 1 2 - - 2 1 1 - 4 - 1 4 1 1 2 1 4 14 9 4 9 8 11 26 1 * The fol l owi ng recommenda tion ha s been cl os ed a t the reques t of ma na gement a s i t no l onger cons i dered nes s a ry (s ee fi ndi ng 6e) Table 2 – Identified risks The continued number of identified open risks, is likely due in part to the increased number of internal audits in 2014/15. There is however a Client concern regarding the 3 open ‘high’ risk recommendations relate to health and safety, these are CDM compliance, Contractor and Designer competency checks and follow-up remedial works after estate inspections. However Lambeth Living report that all 3 of the identified ‘high’ risks are now closed due to the appointment of a CDM Co-ordinator. This appointment was made in January 2015. The Council will require assurance from Lambeth Living that the identified high and medium risks are managed and as such want to see these ‘closed’ by PwC prior to reintegration. In addition the Council will monitor the outcome of the carried out Estate Inspections and compliance with CDM through the scheduled Health and Safety Liaison Meetings. The risk relating to Lambeth Partnering Contracts should be clarified as part of the outcome of the Council commissioned audit. Brief outline of risks PwC in this final annual Follow-Up Report states “management has made progress in resolving recommendations that were determined to be ‘open’ after the last follow-up review reported in November 2013 with 17 being closed”. In addition, PwC also noted within the same 2014/15 Follow-Up report that of the 21 recommendations Lambeth Living stated were ‘Completed and Closed’, 17 were agreed as closed but 4 were to remain open. Of these 26 risk areas, as listed in table 2, 14 are unresolved carry-over risks from previous years and 12 are new risks dated March 2014. The12 new risks (3 high, 4 medium and 5 low) are construction and inspection related health and safety concerns and customer service. With the 14 carry over risks (10 medium and 4 low) being contracts, financial control, maintenance related health and safety concerns and housing management function. In particular the 3 high risks highlighted in the PwC report relate specifically to key health and safety activities in terms of: 1. Compliance Construction (Design and Management) Regulations 2007 The non-availability of preconstruction information being produced and made available to contractors to use and the provision of welfare facilities for workers during the construction of a project. (audit finding 11a) 2. Competency checks Competency assessments of some principal contractors had not taken place and no assessment had taken place of the competency of designers. (audit finding 11b) 3. Estate Inspections Non-follow up of actions identified on Estate Inspections That estate inspection forms were not being reviewed and follow-up actions not being carried out by Estate Housing Officers where required. Plus where forms were completed, some may have been completed incorrectly – this creates a risk that key ‘post inspection’ tasks i.e. rectifying defects may not take place. (audit finding 11f) For clarity the auditors define the risk areas as follows: High – could have significant operational; financial; laws and regulatory or reputational impact. Medium - could have moderate operational; financial; laws and regulatory or reputational impact. Low - could have minor operational; financial; laws and regulatory or reputational impact. Failure to comply could lead to breach of CDM regulations, reputational damage and attract financial penalties levied against the Council. However, as previously mentioned under 2.2, Lambeth Living has stated they have made progress in implementing the recommendations by appointing a CDM Coordinator in January 2015. The newly appointed officer has begun to put in place actions agreed with internal auditors PwC. The Council will need to be assured that proposed improvements currently being introduced are sustained. Lambeth Living are committed to closing all open recommendations ahead of reintegration in June 2015. To achieve this, Lambeth Living has begun addressing and implementing resolutions to agreed recommenations, particularly those rated as ‘high’. The Council’s Financial Controls Team is also working closely with Lambeth Living to address recommendations pertaining to reconciliations. All of which will be confirmed under the Council’s own continuous auditing that forms part of the due diligence being carried out (refer to section 2.1) prior to reintegration. The full list of current open and closed recommendations taken from the Follow-Up report are presented in table 2 section 2.2 above. 2.3 ALMO/Commissioning Risk Register In September 2014 the Client and Lambeth Living agreed a total of 9 risks (5 of which classed as ‘medium’ risk). In January 2015 the number rose slightly to an agreed total of 11 risks, including one that covers reintegration and another pertaining to the delivery of the capital programme. 9 of the 11 risks are classed as ‘medium’ risk (as defined under 2.3), with 1 risk deemed ‘high’ (Financial Threat for Corporate Health) which relates to the delivery of the Capital Programme for 2015/16; 2016/17 and 2017/18 due to lack of availability of resources. Risks and imitigations are jointly reviewed and updated by the Client and Lambeth Living as part of the quarterly client monitoring arrangements. The next review is scheduled for year-end in April 2015. Full details of agreed risks see document ‘Risks Register 03 02 15’ attached as appendix 2. 3.0 4.0 Finance Comments 3.1 The recommendations of this report are for noting only and do not give rise to an additional capital or revenue financial implication. 3.2 As this is an update report on the ALMO’s internal audit processes there is no direct financial implication arising for LBL. Any costs associated with the content of this report is limited to and accounted for by Lambeth Living. Legal and Democracy 4.1 Regulation 4 of the Accounts and Audit (England) Regulations 2011 provides that the Council: (a) Is responsible for ensuring that its financial management is adequate and effective and that it has a sound system of internal control which facilitates the effective exercise of the Council’s functions and which includes arrangements for the management of risk; and (b) Shall conduct a review at least once a year of the effectiveness of its system of internal control and shall publish with its statement of accounts a statement of internal control, nprepared in accordance with proper practices. 4.2 5.0 Consultation and Co-operation 5.1 6.0 None Organisational Implication 9.1 10.0 N/A Community Safety 8.1 9.0 Failure to complete the agreed work plans and ensure that the headline issues and open recommendations are addressed may impact adversely on the Council’s governance, risk and control processes. Equalities Impact Assessment 7.1 8.0 N/A Risk Management 6.1 7.0 There are no additional comments from a Democratic Services perspective. N/A Timetable for implementation 10.1 None Audit Trail Consultation Name/Position Lambeth cluster/ division or partner Commissioning Date sent Date received Comments in para. Commissioning 24.02.15 26.02.15 Item 2.1 Commissioning 11.02.15 23.02.15 20.02.15 26.02.15 04.03.15 Mandy Green Associate Director Commissioning Lynette Peters Lead Commissioner Greg Carson, Legal Services Commissioning 02.03.15 03.03.15 04.03.15 Summary, Recommend ations, General General Commissioning 10.02.15 23.02.15 19.02.15 Wayne Chandai Democratic Services Hamant Bharadia, Head of Finance Corporate Affairs, Enabling Integrated Support, Enabling 10.02.15 23.02.15 10.02.15 23.02.15 04.05.15 04.03.15 10.02.15 23.02.15 04.03.15 19.02.15 26.02.15 Finance Summary and Item 3 Councillor Mathew Bennett Cabinet Member for Housing Corporate Affairs, Enabling 11.02.15 23.02.15 27.02.15 Item 2.1 Lambeth Living 04.03.15 06.03.15 Helen Charlesworth-May Strategic Director Commissioning Rachel Sharpe Commissioning Director Su Gomer Lead Commissioner David Hughes Head of Internal Audit and Counter Fraud External Patrick Pedder Head of Finance Integrated Support Report History Report Deadline Date final report sent Report No Part II Exempt from Disclosure/ confidential accompanying report? Key decision report Background Information Appendices General Item 4 cleared 12.03.15 Final deadline 11th March 2015 55/13-14 ? No Appendix 1 – Corporate Committee Report – ALMO update FINAL Appendix 2 – Risks Register 03 02 15