Risk management
Why is this important?
3.01 All organisations, whether private or public sector, face risks to people, property and continued operations. Risk is the chance or possibility of loss, damage, injury or failure to achieve objectives caused by an unwanted or uncertain action or event. Risk management is the planned and systematic approach to the identification, evaluation and control of risk. Its objectives are to secure the assets of the organisation and to ensure the continued financial and organisational well being of the organisation. In essence it is, therefore, an integral part of good business practice. Risk management is concerned with evaluating the measures an organisation already has in place to manage identified risks and then recommending the action the organisation needs to take to control these risks effectively.
3.02 It is the overall responsibility of the Authority to approve the risk management strategy, and to promote a culture of risk management awareness throughout the Authority.
Key controls
3.03 The key controls for risk management are:
a) Procedures are in place to identify, assess, prevent or contain material known risks, and these procedures are operating effectively throughout the Authority.
b) A monitoring process is in place to review regularly the effectiveness of risk reduction strategies and the operation of these controls. The risk management process should be conducted on a continuing basis.
c) Managers know that they are responsible for managing relevant risks and are provided with relevant information on risk management initiatives.
d) Provision is made for losses that might result from the risks that remain.
e) Procedures are in place to investigate claims within required timescales.
f) Acceptable levels of risk are determined and insured against where appropriate.
g) The Authority has identified business continuity plans for implementation in the event of disaster that results in significant loss or damage to its resources.
Responsibilities of the treasurer/director of corporate services
3.04 To prepare and promote the Authority’s risk management policy statement/strategy.
3.05 To develop risk management controls in conjunction with other SMT Officers.
3.06 To effect corporate insurance cover, through external insurance and internal funding, and to negotiate all claims in consultation with other officers, where necessary.
Responsibilities of SMT officers
3.07 To notify the Treasurer/Director of Corporate Services immediately of any loss, liability or damage that may lead to a claim against the Authority, together with any information or explanation required by those officers or the Authority’s insurers.
3.08 To take responsibility for risk management, having regard to advice from the Treasurer/Director of Corporate Services and other specialist officers (e.g. crime prevention, fire prevention, health and safety).
3.09 To ensure that there are regular reviews of risk within their departments.
3.10 To notify the Treasurer/Director of Corporate Services promptly of all new risks, properties or vehicles that require insurance and of any alterations affecting existing insurance’s.
3.11 To consult the Treasurer/Director of Corporate Services and the Clerk on the terms of any indemnity that the Authority is requested to give.
3.12 To ensure that employees, or anyone covered by the Authority’s insurance’s, do not admit liability or make any offer to pay compensation that may prejudice the assessment of liability in respect of any insurance claim.
Internal controls
Why is this important?
3.13 The Authority is complex and beyond the direct control of individuals. It therefore requires internal controls to manage and monitor progress towards strategic objectives.
3.14 The Authority has statutory obligations, and, therefore, requires internal controls to identify, meet and monitor compliance with these obligations.
3.15 The Authority faces a wide range of financial, administrative and commercial risks, both from internal and external factors, which threaten the achievement of its objectives. Internal controls are necessary to manage these risks.
3.16 The system of internal controls is established in order to provide measurable achievement of:
a) Efficient and effective operations.
b) Reliable financial information and reporting.
c) Compliance with laws and regulations.
d) Risk management.
Key controls
3.17 The key controls and control objectives for internal control systems are:
a) Key controls should be reviewed on a regular basis and the Authority should make a formal statement annually to the effect that it is satisfied that the systems of internal control are operating effectively.
b) Managerial control systems, including defining policies, setting objectives and plans, monitoring financial and other performance and taking appropriate anticipatory and remedial action. The key objective of these systems is to promote ownership of the control environment by defining roles and responsibilities.
c) Financial and operational control systems and procedures, which include physical safeguards for assets, segregation of duties, authorisation and approval procedures and information systems.
d) An effective internal audit function that is properly resourced. It should operate in accordance with the principles contained in CIPFA’s Public Sector Internal Audit Standards and with any other statutory obligations and regulations.
Responsibilities of the treasurer/director of corporate services
3.18 To assist the Authority to put in place an appropriate control environment and effective internal controls which provide reasonable assurance of effective and efficient operations, financial stewardship, probity and compliance with laws and regulations.
3.19 To prepare the Annual Governance Statement for approval by the Authority.
Responsibilities of SMT officers
3.20 To manage processes to check that established controls are being adhered to and to evaluate their effectiveness, in order to be confident in the proper use of resources, achievement of objectives and management of risks.
3.21 To review existing controls in the light of changes affecting the Authority and to establish and implement new ones in line with guidance from the Treasurer/Director of Corporate Services. SMT Officers should also be responsible for removing controls that are unnecessary or not cost or risk effective – for example, because of duplication.
3.22 To ensure staff have a clear understanding of the consequences of lack of control.
Audit requirements
Internal audit
Why is this important?
3.23 The requirement for an internal audit function for local authorities is implied by section 151 of the Local Government Act 1972, which requires that authorities “make arrangements for the proper administration of their financial affairs”. The Accounts and Audit Regulations 2015, more specifically require that a “relevant Authority shall maintain an adequate and effective system of internal audit of their accounting records and financial control systems”.
3.24 Accordingly, internal audit is an independent and objective appraisal function established by the Authority for reviewing the system of internal control. It examines, evaluates and reports on the adequacy of internal control as a contribution to the proper, economic, efficient and effective use of resources.
Key controls
3.25 The key controls for internal audit are:
a) That it is independent in its planning and operation.
b) The internal audit service has direct access to the Chief Fire Officer, all levels of management and directly to elected members.
c) The internal auditors comply with CIPFA’s Public Sector Internal Audit Standards.
Responsibilities of the treasurer/director of corporate services
3.26 To ensure that internal auditors have the authority to:
a) Access Authority premises at reasonable times.
b) Access all assets, records, documents, correspondence and control systems.
c) Receive any information and explanation considered necessary concerning any matter under consideration.
d) Require any employee of the Authority to account for cash, stores or any other Authority asset under his or her control.
e) Access records belonging to third parties, such as contractors, when required.
f) Directly access the Chief Fire Officer, the Authority and its members.
3.27 To submit to the Authority for approval the strategic and annual audit plans, which take account of the characteristics and relative risks of the activities involved.
3.28 To ensure that effective procedures are in place to investigate promptly any fraud or irregularity.
Responsibilities of SMT officers
3.29 To ensure that internal auditors are given access at all reasonable times to premises, personnel, documents and assets that the auditors consider necessary for the purposes of their work.
3.30 To ensure that auditors are provided with any information and explanations that they seek in the course of their work.
3.31 To consider and respond promptly to recommendations in audit reports.
3.32 To ensure that any agreed actions arising from audit recommendations are carried out in a timely and efficient fashion.
3.33 To notify the Treasurer/Director of Corporate Services immediately of any suspected fraud, theft, irregularity, improper use or misappropriation of the Authority’s property or resources. Pending investigation and reporting, the SMT Officer should take all necessary steps to prevent further loss and to secure records and documentation against removal or alteration.
3.34 To ensure that new systems for maintaining financial records, or records of assets, or changes to such systems, are discussed with and agreed by the head of internal audit prior to implementation.
External audit
Why is this important?
3.35 The Local Audit and Accountability Act 2014 set up Public Sector Audit Appointments Ltd, which is responsible for appointing external auditors to each local authority in England and Wales. The external auditor has rights of access to all documents and information necessary for audit purposes.
3.36 The basic duties of the external auditor are defined in the Local Audit and Accountability Act 2014. In particular, part 5 of the 2014 Act requires the Comptroller and Auditor General of the National Audit Office to prepare a code of audit practice, which external auditors follow when carrying out their duties. The code of audit practice sets out the auditor’s objectives to review and report upon:
a) The financial aspects of the audited body’s corporate governance arrangements.
b) The audited body’s financial statements.
c) Aspects of the audited body’s arrangements to manage its performance.
3.37 The Authority’s accounts are scrutinised by external auditors, who must be satisfied that the statement of accounts ‘presents fairly’ the financial position of the Authority and its income and expenditure for the year in question and complies with the legal requirements.
Key controls
3.38 External auditors are appointed by Public Sector Audit Appointments Ltd. The National Audit Office prepares a code of audit practise, which external auditors follow when undertaking their audit.
Responsibilities of the treasurer/director of corporate services
3.39 To ensure that external auditors are given access at all reasonable times to premises, personnel, documents and assets that the external auditors consider necessary for the purposes of their work.
3.40 To ensure there is effective liaison between external and internal audit.
3.41 To work with the external auditor and advise the Authority and SMT Officers on their responsibilities in relation to external audit.
Responsibilities of SMT officers
3.42 To ensure that external auditors are given access at all reasonable times to premises, personnel, documents and assets which the external auditors consider necessary for the purposes of their work.
3.43 To ensure that all records and systems are up to date and available for inspection.
Preventing fraud and corruption
Why is this important?
3.44 The Authority will not tolerate fraud and corruption in the administration of its responsibilities, whether from inside or outside the Authority.
3.45 The Authority’s expectation of propriety and accountability is that members and staff at all levels will lead by example in ensuring adherence to legal requirements, rules, procedures and practices.
3.46 The Authority also expects that individuals and organisations (e.g. suppliers, contractors, service providers) with whom it comes into contact will act towards the Authority with integrity and without thought or actions involving fraud and corruption.
Key controls
3.47 The key controls regarding the prevention of financial irregularities are that:
a) The Authority has an effective anti-fraud and whistle-blowing policy and maintains a culture that will not tolerate fraud or corruption.
b) All members and staff act with integrity and lead by example.
c) Senior managers are required to deal swiftly and firmly with those who defraud or attempt to defraud the Authority or who are corrupt.
d) High standards of conduct are promoted amongst members as required in the Member Code of Conduct.
e) The maintenance of a register of interests in which any hospitality or gifts accepted must be recorded.
f) Whistle blowing procedures are in place and operate effectively legislation including the Public Interest Disclosure Act 1998 is adhered to.
Responsibilities of the treasurer/director of corporate services
3.48 To develop and maintain an anti-fraud and whistle-blowing policy.
3.49 To maintain adequate and effective internal control arrangements.
3.50 To ensure that all suspected irregularities are reported to the Head of Internal Audit, the Chief Fire Officer, the Clerk and the Authority as appropriate.
Responsibilities of SMT officers
3.51 To ensure that all suspected irregularities are reported to the Treasurer/Director of Corporate Services or the Clerk.
3.52 To instigate the Authority’s disciplinary procedures where the outcome of an audit investigation indicates improper behaviour.
3.53 To ensure that where financial impropriety is discovered, the Treasurer/Director of Corporate Services is informed, and, in consultation with the Head of Internal Audit, where sufficient evidence exists to believe that a criminal offence may have been committed, the police are called in to determine with the Crown Prosecution Service whether any prosecution will take place.
3.54 To ensure compliance with the Employee Code of Conduct and maintain a departmental register of both financial and non-financial interests declared by the employees which they consider could bring them into conflict with the Authority’s interests.
3.55 To retain a record of gifts and hospitality received in accordance with the Code of Conduct and the relevant service order.
3.56 To ensure that the register of interests is kept up to date.
Assets
Security
Why is this important?
3.57 The Authority holds assets in the form of property, vehicles, equipment, furniture and other items worth many millions of pounds. It is important that assets are safeguarded and used efficiently in service delivery, and that there are arrangements for the security of both assets and information required for service operations. An up-to-date asset register is a prerequisite for proper accounting and sound asset management.
Key controls
3.58 The key controls for the security of resources such as land, buildings, fixed plant machinery, equipment, software and information are:
a) Resources are used only for the purposes of the Authority and are properly accounted for.
b) Resources are available for use when required.
c) Resources no longer required are disposed of in accordance with the law and the regulations of the Authority so as to maximise benefits.
d) An asset register is maintained for the Authority, assets are recorded when they are acquired by the Authority and this record is updated as changes occur with respect to the location and condition of the asset.
e) All staff are aware of their responsibilities with regard to safeguarding the Authority’s assets and information, including the requirements of the Data Protection Act and software copyright legislation.
f) All staff are aware of their responsibilities with regard to safeguarding the security of the Authority’s computer systems, including maintaining restricted access to the information held on them and compliance with the Authority’s computer and internet security policies.
Responsibilities of the treasurer/director of corporate services
3.59 To ensure that an asset register is maintained in accordance with good practice for all non-current assets. The function of the asset register is to provide the Authority with information about non-current assets so that they are:
a) Safeguarded.
b) Used efficiently and effectively.
c) Adequately maintained.
3.60 To receive the information required for accounting, costing and financial records from each SMT Officer.
3.61 To ensure that assets are valued in accordance with the Code of Practice on Local Authority Accounting in the United Kingdom (CIPFA/LASAAC).
Responsibilities of SMT officers
3.62 The appropriate SMT Officer shall maintain a property database for all land and property currently owned or used by the Authority. Any use of property by a department or establishment other than for direct service delivery should be supported by documentation identifying terms, responsibilities and duration of use.
3.63 To ensure that lessees and other prospective occupiers of Authority land are not allowed to take possession or enter the land until a lease or agreement, in a form approved by the SMT Officer in consultation with the Treasurer/Director of Corporate Services and legal services, has been established as appropriate.
3.64 To ensure the proper security of all buildings and other assets under their control.
3.65 Where land or buildings are surplus to requirements, a recommendation for sale should be the subject of a joint report by the SMT Officer and the Treasurer/Director of Corporate Services.
3.66 To pass title deeds to the appropriate officer, who is responsible for custody of all title deeds.
3.67 To ensure that no Authority asset is subject to personal use by an employee without proper Authority.
3.68 To ensure the safe custody of vehicles, equipment, furniture, stock, stores and other property belonging to the Authority.
3.69 To ensure accordance Services. that with the department maintains arrangements defined by a register of moveable the Treasurer/Director of assets in Corporate.
3.70 To ensure that assets are identified, their location recorded and that they are appropriately marked and insured.
3.71 To consult the Treasurer/Director of Corporate Services in any case where security is thought to be defective or where it is considered that special security arrangements may be needed.
3.72 To ensure cash holdings on premises are kept to a minimum.
3.73 To ensure that keys to safes and similar receptacles are held securely, loss of any such keys must be reported to the Treasurer/Director of Corporate Services as soon as possible.
3.74 To record all disposal or part exchange of assets that should normally be by competitive tender or public auction, unless, following consultation with the Treasurer/Director of Corporate Services, the SMT agrees otherwise.
3.75 To arrange for the valuation of assets for accounting purposes to meet requirements specified by the Treasurer/Director of Corporate Services.
3.76 To ensure that all employees are aware that they have a personal responsibility with regard to the protection and confidentiality of information, whether held in manual or computerised records. Information may be sensitive or privileged, or may possess some intrinsic value, and its disclosure or loss could result in a cost to the Authority in some way.
Inventories
3.77 To maintain inventories and record an adequate description of furniture, fittings and equipment valued at £1,000 or more.
3.78 To carry out an annual check of all items on the inventory in order to verify location, review, and condition and to take action in relation to surpluses or deficiencies, annotating the inventory accordingly.
3.79 To make sure that property is only used in the course of the Authority’s business, unless the SMT Officer concerned has given permission otherwise.
Stocks and stores
3.80 To make arrangements for the care and custody of stocks and stores in the department.
3.81 To ensure stocks are maintained at reasonable levels and are subject to a regular independent physical check. All discrepancies should be investigated and pursued to a satisfactory conclusion.
3.82 To investigate and seek approval to remove from the Authority’s records (i.e. write off) discrepancies as necessary from the Treasurer/Director of Corporate Services, or to obtain Authority approval if they are in excess of £10,000.
3.83 To authorise or write off disposal of redundant stocks and equipment (following approval by the Treasurer/Director of Corporate Services). Procedures for disposal of such stocks and equipment, valued in excess of £1,000, should be by competitive quotations or auction, unless, following consultation with the Treasurer/Director of Corporate Services, the officer decides otherwise in a particular case. The most appropriate means of disposal should be used for stocks and equipment valued at less than £1,000, as determined by the Head of Procurement.
3.84 To seek the approval of the Authority to the write-off of redundant stocks and equipment in excess of £10,000.
Intellectual property
Why is this important?
3.85 Intellectual property is a generic term that includes inventions and writing. If these are created by the employee during the course of employment, then, as a general rule, they belong to the employer, not the employee. Various Acts of Parliament cover different types of intellectual property.
3.86 Certain activities undertaken within the Authority may give rise to items that may be patentable, for example, software development. These items are collectively known as intellectual property.
Key controls
3.87 In the event that the Authority decides to become involved in the commercial exploitation of inventions, the matter should proceed in accordance with the Authority’s approved intellectual property procedures. Guidance may be sought from the Head of Procurement.
Responsibilities of SMT officers
3.88 To ensure that controls are in place to ensure that staff do not carry out private work in Authority time and that staff are aware of an employer’s rights with regard to intellectual property.
3.89 To develop and disseminate good practice through the Authority’s intellectual property procedures.
Asset disposal
Why is this important?
3.90 It would be uneconomic and inefficient for the cost of assets to outweigh their benefits. Obsolete, non-repairable or unnecessary resources should be disposed of in accordance with the law and the regulations of the Authority.
Key controls
3.91 Assets for disposal are identified and are disposed of at the most appropriate time, and only when it is in the best interests of the Authority, and best price is obtained, bearing in mind other factors, such as environmental issues or reputational issues. For items of significant value, disposal should be by competitive tender or public auction.
3.92 Fire appliances will be disposed of for humanitarian purposes, linked to the organisational objectives, priorities and values of the Service, at, or below, market value, or crushed and sold as scrappage (subject to the appliance having a market value of less than £10,000.
3.93 Procedures protect staff involved in the disposal from accusations of personal gain.
Responsibilities of the treasurer/director of corporate services
3.94 To provide guidance on best practice for disposal of assets.
3.95 To ensure appropriate accounting entries are made to remove the value of disposed assets from the Authority’s records and to include the sale proceeds if appropriate.
Responsibilities of SMT officers
3.96 To seek advice from procurement on the disposal of surplus or obsolete materials, stores or equipment.
3.97 To ensure that income received for the disposal of an asset is properly banked and coded.
Treasury management
Why is this important?
3.98 Many millions of pounds pass through the Authority’s books each year. This led to the establishment of codes of practice. These aim to provide assurances that the Authority’s money is properly managed in a way that balances risk with return, but with the overriding consideration being given to the security of the Authority’s capital sum.
Key controls
3.99 That the Authority’s borrowings and investments comply with the CIPFA Code of Practice on Treasury Management and with the Authority’s treasury management strategy.
Responsibilities of the treasurer/director of corporate services - treasury management and banking
3.100 To arrange the borrowing and investments of the Authority in such a manner as to comply with the CIPFA Code of Practice on Treasury Management and the Authority’s treasury management strategy.
3.101 To report the following to the Authority, as a minimum:
a) An annual treasury management strategy, before the commencement of the new financial year.
b) A mid-year update on treasury management activity.
c) An annual report on treasury management activity in the preceding year, before 30 June.
d) The outcome of any debt restructuring undertaken.
3.102 To operate bank accounts as are considered necessary – opening or closing any bank account shall require the approval of the Treasurer/Director of Corporate Services. All arrangements for the opening of bank accounts in the name of the Authority and for the ordering and issue of cheques shall be made by the Treasurer/Director of Corporate Services. All cheques drawn on behalf of the Authority shall be signed by the Treasurer/Director of Corporate Services or by such officers as may be nominated by him for that purpose. Any indemnity required by the Authority’s bankers regarding the signature of cheques by a computer or mechanical means, or where the services of a security firm are used for the deposit or receipt of cash at the bank shall be given by the Treasurer/Director of Corporate Services on behalf of the Authority.
Responsibilities of SMT officers - treasury management and banking
3.103 To follow guidance provided by the Treasurer/Director of Corporate Services on banking arrangements.
Responsibilities of the treasurer/director of corporate services - investments and borrowing
3.104 To ensure that all investments of money are made in the name of the Authority or in the name of nominees approved by the Authority.
3.105 To ensure that all securities that are the property of the Authority or its nominees and the title deeds of all property in the Authority’s ownership are held in the custody of the appropriate SMT Officer.
3.106 To effect all borrowings in the name of the Authority.
3.107 To act as the Authority’s registrar of stocks, bonds and mortgages and to maintain records of all borrowing of money by the Authority.
Responsibilities of SMT officers - investments and borrowing
3.108 To ensure that loans are not made to third parties and that interests are not acquired in companies, joint ventures or other enterprises without the approval of the Authority, following consultation with the Treasurer/Director of Corporate Services.
Responsibilities of SMT officers - trust funds and funds held for third parties
3.109 To arrange for all trust funds to be held, wherever possible, in the name of the Authority. All officers acting as trustees by virtue of their official position shall deposit securities, etc. relating to the trust with the Treasurer/Director of Corporate Services, unless the deed otherwise provides.
3.110 To arrange, where funds are held on behalf of third parties, for their secure administration, approved by the Treasurer/Director of Corporate Services, and to maintain written records of all transactions.
3.111 To ensure that trust funds are operated within any relevant legislation and the specific requirements for each trust.
Responsibilities of the treasurer/director of corporate services - imprest accounts
3.112 To provide employees of the Authority with cash or bank imprest accounts to meet minor expenditure on behalf of the Authority and to prescribe rules for operating these accounts. Minor items of expenditure should not exceed the prescribed amount of £50 per transaction, other than in circumstance agreed by the Treasurer/Director of Corporate Services.
3.113 To determine the petty cash limit and to maintain a record of all transactions and petty cash advances made, and periodically to review the arrangements for the safe custody and control of these advances.
3.114 To reimburse imprest holders as often as necessary to restore the imprests, but normally not more than monthly.
Responsibilities of SMT officers - imprest accounts
3.115 To ensure that employees operating an imprest account:
a) Obtain and retain vouchers to support each payment from the imprest account. Where appropriate, an official receipted VAT invoice must be obtained.
b) Make adequate arrangements for the safe custody of the account.
c) Produce upon demand by the Treasurer/Director of Corporate Services cash and all vouchers to the total value of the imprest amount.
d) Record transactions promptly.
e) Reconcile and balance the account at least monthly; reconciliation sheets to be signed and retained by the imprest holder.
f) Provide the Treasurer/Director of Corporate Services with a certificate of the value of the account held at 31 March each year.
g) Ensure that the float is never used to cash personal cheques or to make personal loans and that the only payments into the account are the reimbursement of the float and change relating to purchases where an advance has been made.
h) On leaving the Authority’s employment or otherwise ceasing to be entitled to hold an imprest advance, an employee shall account to the Treasurer/Director of Corporate Services for the amount advanced to him or her.
Staffing
Why is this important?
3.116 In order to provide the highest level of service, it is crucial that the Authority recruits and retains high calibre, knowledgeable staff, qualified to an appropriate level.
Key controls
3.117 The key controls for staffing are:
a) An appropriate staffing strategy and policy exists, in which staffing requirements and budget allocation are matched.
b) Procedures are in place for forecasting staffing requirements and cost.
c) Controls are implemented that ensure that staff time is used efficiently and to the benefit of the Authority.
d) Checks are undertaken prior to employing new staff to ensure that they are appropriately qualified, experienced and trustworthy.
Responsibilities of the treasurer/director of corporate services
3.118 To ensure that budget provision exists for all existing and new employees.
3.119 To act as an advisor to SMT Officers on areas such as National Insurance and pension contributions, as appropriate.
Responsibilities of SMT officers
3.120 To produce an annual staffing budget.
3.121 To ensure that the staffing budget is an accurate forecast of staffing levels and is equated to an appropriate revenue budget provision (including on-costs and overheads).
3.122 To monitor staff activity to ensure adequate control over such costs as sickness, overtime, training and temporary staff.
3.123 To ensure that the staffing budget is not exceeded without due Authority and that it is managed to enable the agreed level of service to be provided.
3.124 To ensure that the Treasurer/Director of Corporate Services is immediately informed if the staffing budget is likely to be materially over - or underspent.