To agree the annual governance statement 2017/18.

The chairman used his discretion to move the annual governance statement to the second substantive item to be discussed. 

The head of corporate governance presented the report and highlighted:

·         Committee had approved the draft statement at its March meeting and considered that it properly reflected the risk environment as it stood at that point in time. 

·         The statement had been updated and the majority of the changes reflected factual statements, e.g. internal audit’s reasonable assurance.  

·         Deprivation of Liberties (DoLS) had been updated due to planned legislative changes but there were currently no timescales for implementation. 

·         Cabinet had now considered the report of the LGA corporate peer challenge and agreed how to take forward the findings; this was reflected in the statement.

·         The development regeneration partnership (DRP) contracts had been completed and this section had been updated.

·         The consultation section included the views of the independent person (from paragraph 16 of the report on page 173 of the agenda pack) and the responses to those views.    It was reported that the independent person remained of the view that the three areas highlighted represent a significant governance weakness. 

With regard to the lack of a joint protocol with West Mercia Police, it was confirmed that both parties needed to agree a protocol which could not be imposed by one party.   However, assurance was given that if there was a suggestion or potential for the reported breach to the code of conduct to be a criminal act, this would be reported to the police and the absence of a written protocol would have no impact on this action.   Discussions with the police over a joint protocol would continue.

It was confirmed that three interviews for further independent persons would be taking place over the next week.  

With regard to the failure of a group leader to take action in connection with a breach of the code of conduct, it was confirmed that this would form part of the annual report on code of conduct which was due to be presented to the committee at its September meeting.    The monitoring officer indicated that the maximum amount of time in reporting to the committee about a failure of a member complying with a resolution or the group leader taking action was 18 months.

The monitoring officer stated that the Localism Act 2011 does not require the independent person to be involved at the initial assessment stage.    The monitoring officer confirmed that the views of the independent person were confidential.   It was further noted that the council’s standards complaints procedure contained more than what was required by law.  

The revised constitution had introduced sampling by the Standards Panel.   It was agreed that sampling by the Standards Panel would take place prior to the report on the annual report on the code of conduct.     It was also agreed that for future years, the annual report would be presented to the July meeting and that a Standards Panel meeting would take place in May.   

A vote was undertaken in relation to approving the annual governance statement.

In favour of approving:           5

Abstentions:                2

RESOLVED

That the annual statement governance 2017/18 be approved.