Agenda and minutes

To receive any apologies for absence from Councillors.

Apologies were received from Cllr V Slade and Cllr M Phipps.

To receive information on any changes in the membership of the Committee.

 

Note – When a member of a Committee is unable to attend a meeting of a Committee or Sub-Committee, the relevant Political Group Leader (or their nominated representative) may, by notice to the Monitoring Officer (or their nominated representative) prior to the meeting, appoint a substitute member from within the same Political Group. The contact details on the front of this agenda should be used for notifications.

 

Notification was received that Cllr C Weight was substituting for Cllr V Slade for this meeting.

To elect the Chair of the Audit and Governance Committee for the 2026/2027 Municipal Year.

The Vice Chairman of the Council presided over this item. A nomination was received and seconded for Cllr E Connolly to be appointed Chair. There being no further nominations it was:

 

RESOLVED that Cllr E Connolly be elected Chair of the Committee for the 2026/27 municipal year.

 

Cllr Connolly assumed the chair and thanked members for their continued support.

To elect the Vice Chair of the Audit and Governance Committee for the 2026/2027 Municipal Year.

 

A nomination was received and seconded for Cllr M Andrews to be appointed Vice Chair. There being no further nominations it was:

 

RESOLVED that Cllr M Andrews be elected Vice Chair of the Committee for the 2026/27 municipal year.

 

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

In accordance with his previous declarations, in relation to Agenda Item 11 Cllr M Andrews reported for transparency, that his daughter resided at Carter’s Quay and that he was a guarantor on her tenancy.

To confirm and sign as a correct record the minutes of the meeting held on 19 March 2026.

 

To seek the Committee’s agreement to correct the following typographical error in the minutes of the meeting held on 26 February 2026:

 

Minute number 101. External Audit Finding Report and Statement of Accounts 2024/25

 

It was agreed to ask the Head of People and Culture to circulate to committee members details of the six exit packages for the £200,001* cost band and above for 2024/25.

 

* amend to read “£120,001”

RESOLVED that the minutes of the meeting held on 19 March were confirmed as an accurate record for the Chair to sign.

 

Voting: Unanimous

 

In addition, the Committee agreed to correct the following typographical error in the minutes of the meeting held on 26 February 2026:

 

Minute number 101. External Audit Finding Report and Statement of Accounts 2024/25

 

It was agreed to ask the Head of People and Culture to circulate to committee members details of the six exit packages for the £200,001* cost band and above for 2024/25.

 

* amend to read “£120,001”

To consider any outstanding actions from previous meetings.

The completed actions on the Action Sheet were noted.

 

The Committee discussed the scheduling of future items and noted that some governance-related items were programmed for later meetings due to existing commitments.

 

The Committee considered the monitoring of recommendations and agreed that a more consistent approach would be beneficial. Officers agreed to review the Action Sheet and explore development of a recommendations tracker aligned to existing arrangements.

 

The Committee also noted the forthcoming Children’s Services Overview and Scrutiny Committee briefing on the SEND reform programme, to which Members would be invited.

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of public questions is midday on Thursday 21 May 2026 [midday 3 clear working days before the meeting].

The deadline for the submission of a statement is midday on Wednesday 27 May 2026 [midday the working day before the meeting].

The deadline for the submission of a petition is Wednesday 13 May 2026 [10 working days before the meeting].

 

The following public questions and statements were received:

 

 

Question 1:

Item 10 invites the Committee to vote on excluding press and public for the duration of the succeeding item - a report entitled "Governance process for regeneration (Carter's Quay)". This report is described in tonight's paperwork as exempt from disclosure pursuant to Paragraph 3 in Part 1 of Schedule 12A to the Local Government Act 1972 - "Information relating to the financial or business affairs of any particular person (including the authority holding that information)". Was a public interest test carried out on whether to recommend this report for exemption, and if so, can you read out the factors that are thought to support disclosure (if any), and those which are thought to support exemption?

 

Response:  

 

A separate formal written public interest test was not produced. However, the requirement to consider the public interest balance was addressed as part of the Monitoring Officer’s assessment, in consultation with relevant officers, when determining whether the report contained exempt information under Schedule 12A and in accordance with the Constitution.  

The constitution also highlights the importance of taking into account the public interest in disclosing information.  

Officers will always follow the law which provides that information is only treated as exempt where, in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosure. That consideration was given to this report.  

In summary: 

 

1. Factors favouring disclosure include transparency and accountability in public decision-making. 

2. Factors favouring exemption in this case include:  

1. the protection of commercially sensitive financial information, 

2. avoiding prejudice to the Council’s position in ongoing negotiations with third parties, and 

3. protecting the Council’s legal position, including in relation to potential proceedings. 

 

Having regard to those factors, it was concluded that the information falls within paragraph 2. 

 

 

Question 2:

Was a copy of the public interest test circulated to all permanent members of this Committee, and is that standard practice on committees of this Council where reports are recommended for exemption?

 

Response:

 

No separate public interest test document was circulated to Members. That is not a requirement of the statutory or constitutional framework.  

 

Members are appropriately informed through: 

 

1. the report;  

2. the stated exemption category; and 

3. the advice available to Members before and during the meeting. 

 

 

Question 3:

Were all permanent members of this Committee informed that it is for them, ultimately, to decide whether a report is exempt from public disclosure?

 

Response:

 

Members are required to decide whether to exclude the press and public from the meeting in relation to the relevant agenda item. However, it is important to distinguish that process from the question of the initial publication of the report itself by officers. 

 

In accordance with the Council’s Constitution: 

 

1. the Monitoring Officer may refuse public access to agenda papers where they consider it necessary because the papers relate to business likely to be conducted in private, and such papers are marked  ...  view the full minutes text for item 8.

Grant Thornton, as the Council’s appointed External Auditors, have produced a report (Appendix A) which provides an update to the Audit & Governance Committee on their progress to date in delivering their responsibilities.  The report provides an update on their audit work.

The Key Audit Partner, Grant Thornton, the Council’s External Auditor (EA) presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

 

Appendix A of the report provided an update on the EA’s progress to date in delivering its responsibilities in relation to audit work. The EA highlighted the key points of note in relation to the Financial Statements Audit 2025/26 as detailed in the report. It was noted that a draft timeline and detailed workplan had been shared with the Council on 30 April 2026, demonstrating how the 30 November 2026 deadline was expected to be met. Given the disclaimed opinion since the 2022/23 audit backstop, discussions had begun with the Council on restoring assurance and progressing towards an unqualified audit opinion. The EA highlighted the key points of note in relation to Value for Money work. The report also included a summary of emerging national issues and developments potentially relevant to the Council.

 

In the course of the discussion, Members raised questions in relation to the Dedicated Schools Grant deficit and the Council’s SEND reform programme, including the anticipated timing of government funding and the assumptions within the Council’s financial planning.

 

In response, the Interim Chief Financial Officer advised that the Council was required to submit its SEND reform plan by mid-June 2026, with any associated funding anticipated later in the financial year, subject to approval. The EA further advised that the Value for Money assessment would reflect the Council’s arrangements in place at the relevant time, including how the remaining unfunded element of the deficit would be managed.

 

Further questions were raised in relation to progress towards restoring audit assurance and the potential impact of changes to asset valuation requirements arising from updated CIPFA guidance. The EA advised that the changes were intended to simplify valuation processes over time and reduce audit complexity.

 

Following consideration, the Committee requested that further information be provided on the financial assumptions underpinning the SEND reform programme.

 

RESOLVED that the Audit & Governance Committee notes the External Auditor’s progress to date in delivering its responsibilities and the sector update provided.

 

Voting: Nem. Con.

To receive a verbal update on the appointment of Independent Members.

The Head of Audit and Management Assurance gave an update on the appointment of two new independent members following the recruitment process.

 

Members were advised that the recruitment process had been undertaken in accordance with best practice, with the role publicly advertised and a selection panel comprising Members of the Committee. It was reported that four candidates had been shortlisted and interviewed, with two candidates provisionally identified for appointment. One candidate had accepted the offer, with a response from the second candidate awaited.

 

It was further noted that, subject to acceptance, a report would be submitted to Full Council seeking approval of the appointments.

 

In the course of the discussion, Members raised concerns regarding the timing of the recruitment process and the period during which the Committee would be without independent members. In response, officers advised that the process had been progressed as quickly as practicable, although it was acknowledged that there would be a short interim period without independent representation.

 

Members emphasised the importance of independent members in supporting the work of the Committee, particularly in relation to complex governance matters.

 

Following consideration, the update was noted.

In relation to the items of business appearing below, the Committee is asked to consider the following resolution: -

 

‘That under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.’

The Committee considered a report of the Monitoring Officer regarding the proposed exclusion of the press and public in respect of the following item of business.

 

The Chair outlined the background to the Carter’s Quay report, noting that it contained detailed information relating to ongoing negotiations with the administrator and potential legal considerations. It was explained that, in accordance with the Council’s Constitution, the Monitoring Officer had determined that the report contained exempt information.

 

Members were advised that the exemption related to commercially and legally sensitive information, including matters that could prejudice the Council’s position in ongoing negotiations and any potential legal proceedings.

 

 

In response to concerns regarding transparency and the absence of a separate written public interest test, the Monitoring Officer advised that the public interest had been considered as part of the exemption and that disclosure at this stage could prejudice the Council’s legal and commercial position. It was further noted that elements of the report may be published at a later stage.

 

Members acknowledged the need to balance transparency with protecting the Council’s interests and indicated support for a public-facing summary being produced in due course.

 

Following consideration, it was:

 

RESOLVED that under Section 100 (A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 in Part I of Schedule 12A of the Act and that the public interest in withholding the information outweighs such interest in disclosing the information.

 

Voting: For 7, Against 0, Abstain 1

This report sets out a review of the Carter’s Quay acquisition as requested by Audit and Governance Committee in July 2025 with a focus on the Council’s governance processes for regeneration projects.

This item was restricted by virtue of paragraph 3 of Schedule 12A of the Local Government Act 1972.

 

Exempt information – Category 3 – Information relating to the financial or business affairs of any particular person (including the authority holding that information)

 

The Committee considered an exempt report relating to the Carter’s Quay acquisition.

 

The Committee asked questions of officers and agreed that further work was required.

 

The Committee confirmed that the item had been appropriately considered in exempt session and that further consideration would take place, with a public report to be considered by the Committee in due course.

 

RESOLVED that the Audit and Governance Committee:

• notes the report
• agrees that further work be undertaken to develop recommendations
• agrees that a report comprising a summary of the Committee’s findings, recommendations and relevant extracts be prepared, delegated to the Chair in consultation with the Committee
• supports the preparation of a public report for Committee consideration, subject to legal and commercial considerations
• agrees that a further meeting or briefing be arranged to enable continued consideration of the matter

 

Voting: For - Unanimous