Agenda item

Purpose: To provide evidence and independent verification of governance matters which may impact on the Annual Governance Statement from the viewpoint of the Monitoring Officer.

The Committee considered a report (Agenda Item 8) which provided evidence and independent verification of governance matters which might impact on the Annual Governance Statement from the viewpoint of the Monitoring Officer.

The Monitoring Officer, Sarah Clarke’s, view of the Council’s governance arrangements was that they were robust and effective. The systematic and regular review of the Council’s Constitution and the relatively low level of complaints indicated that there was little, in terms of the governance of the Council, that needed attention if the current arrangements were followed.

Sarah Clarke went on to explain that there was a work programme in place which scheduled the regular review of the Council’s Constitution.

Ethical matters did not give any particular cause for concern. A new Code of Conduct had been adopted by Council in September 2016 and Members training had been held on the revised Code.

Risk Registers were also subject to regular reviews by the Monitoring Officer and S151 Officer in their roles as members of the Council’s Corporate Board. No significant risks had been identified and where necessary, appropriate measures had been taken to reduce or remove risks.

Councillor Graham Bridgman noted from Appendix A that the reasons why the number of complaints remained low might be due to good ethical behaviour or as a result of the lack of sanctions available under the standards regime. In addition to these reasons, Councillor Bridgman added that complainants might chose to not come forward.

Councillor Bridgman then sought clarity on paragraph 4.5.2 of Appendix A. This paragraph noted that there had been an increase in the number of instructions received by Legal Services from Council service areas. He queried whether this was linked to the point also made in relation to the receipt of formal action letters in connection with potential judicial review proceedings. Sarah Clarke confirmed that there had been a significant increase in litigious activities. Service areas were being challenged more frequently on service delivery at a time when reductions to service provision were being made, resulting in the increased number of instructions received.

Councillor Quentin Webb queried whether this area of work had increased due to a greater awareness of the potential to challenge via judicial reviews. Sarah Clarke reaffirmed that the workload of Legal Services had been altered with an increased requirement for litigation work. The judicial review process did however serve to bring issues to a conclusion.

Councillor Steve Ardagh-Walter made reference to the boundary review and the likely reduction in the number of Members. He queried whether governance arrangements would be reviewed as a result and if so the most appropriate timing of this. Sarah Clarke responded that she did not see an automatic need to alter governance arrangements as a result of the boundary review. Effective governance would always need to be maintained.

Councillor Bridgman felt there would be a need to review arrangements, i.e. the number of committees in place and this would be an appropriate role for the Governance and Ethics Committee. Councillor James Cole added that the concern for Members was the expectation of the same workload but with fewer Members to share the load.

Councillor Anthony Pick queried if there had been an increased number of planning appeals and associated enquiries. Sarah Clarke confirmed there had been a significant increase which impacted on the workloads of Officers in Legal and Planning.

Councillor Bridgman referred to the intervention of the Secretary of State on a planning application and queried whether it was felt that this could reduce the amount of appeals moving forward. Sarah Clarke indicated that this would be likely to have an impact but the full extent of that would take time to show.

RESOLVED that the report be noted.