Agenda item

Public Issues

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 3 clear working days before the meeting.

The deadline for the submission of a statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

 

Minutes:

There were 4 public questions received and 3 public statements as follows:

 

Mr Alex McKinstry, in relation to agenda item 6 and 2 questions from Mr Ian Redman (being read by Mr McKinstry), in relation to agenda items 9 and 6.

 

Public Questions from Mr Alex McKinstry

  1. Of the Freedom of Information Act requests received by BCP Council in 2023-4, how many were dismissed as vexatious, and how many were reclassified as non-vexatious following a request for an internal review /referral to the ICO? If the number of reclassifications is significant - and I accept that it might not be - is this a matter which is being discussed at Information Governance Board meetings, and if so, what lessons are being learned?

 

Response from the Chair:

There were 1458 FOI/EIR requests processed in 2023/24, of these none were refused under S14 (vexatious).

There were 2 requests dealt with under an internal review where S14 was applied after further consideration.

There were no reclassifications overturning the S14 decisions to the internal review responses.

 

  1. Of the 38 requests for internal reviews made in 2023-4, how many responses to those requests were issued outside the 20-working-day guideline recommended by the ICO?

 

Response from the Chair:

9 responses to internal reviews were not made within the ICO response guideline of 20 working days.

Of these 9 responses, 8 were met within 40 days (including a 20 working day permitted extension for complex requests, consultation with third parties or where a substantial amount of information is requested)

 

Public Questions from Mr Ian Redman

  1. Why would aggregating activities into larger packages increase the number of potential providers and offer better value for money for the Council through greater competition? Aggregating activities into larger packages might save work for the council by reducing the number of tenders but larger packages is more likely to prevent smaller businesses taking part in the tender process, reducing competition and providing less choice for consumers.

 

Response from the Chairman:

The actual Internal Audit recommendation reads :

‘R8 - Formal consideration should be given to aggregating activities into larger packages where possible and appropriate to do so to increase the number of potential providers and potentially offer better value for money for the Council through greater competition’. 

The key words in this recommendation are ‘consider’ and ‘where possible and appropriate’, the recommendation does not imply that all activities should be aggregated.

There is a fine balance to strike, Mr Redman is quite right that in certain situations larger packages of activity may prevent smaller businesses from taking part in tendering or providing quotes, thus reducing competition and providing less choice for consumers.

Conversely however in certain situations, if activity packages are too small, this can put off certain suppliers from making the effort to tender or to supply quotes as any eventual return on this effort and on fixed costs incurred is considered insufficient reward. This is simple economies of scale.

Aggregation of activity into large tender opportunity packages can therefore, in certain appropriate situations, be beneficial to both overall value for money and increase competition.   

 

  1. PMIs do not measure the quality of FOI responses.  There is no indication of customer satisfaction or the number of emails per FOI request. Dorset Council, like many local authorities, provide full details of all FOI requests on their website.  Some LA’s even direct you to a list of recent FOIs before you can submit one. Will BCP follow the examples of best practise and start to publish in full, all FOI requests and responses?  Hopefully in real time. This will not measure customer satisfaction but would improve transparency, reduce duplication and improve the quality and professionalism of responses.

 

Response:

IG measure the quality of FOI responses through the data recorded for internal reviews. This provides an indication of customer satisfaction through the quality of the first response.

Table 1 shows that 1458 requests were processed during 2023/24.

Table 9 shows that the authority received 38 requests for an internal review during 2023/24.

From this data we calculate that 97% of applicants were satisfied with the 1st response and 3% were not satisfied and requested an internal review.

We use the data recorded from internal reviews to identify weaknesses and to help improve performance.

The current system does not provide an audit of emails associated with each request – we know that 97% of requestors are satisfied with the first response requiring an average of two emails. Where excessive numbers of emails are received associated to one request, placing a burden on resources, this will be referred to the IG team to investigate.

The current system does not provide the ability to publish a Disclosure log – this would be function sought in any new system in the future.

 

 

Public Statements

There were two public statements from Mr Gatrell read out by Democratic Services Officer as follows and one statement from Mr McKinstry which he read out.

 

  1. INTERNAL AUDIT PROCESSES REQUIRING INCLUSION IN THE 2024/25 WORK PLAN RELATING TO THE ACCURACY AND INTEGRATION OF “KEY” ACCOUNTING SYSTEMS GENERATING CORE DATA FOR THE ANNUAL ACCOUNTS: “Capital Adjustment Account” movements are noted in each Statement of Accounts except - incongruously - the second year 2020/21. Discrepancies exist between the notes and latest source spreadsheets I obtained. Similarly, the notes do not identify as prior year restatements these adjustments made to expenditure “Reversal items” - • Increase in “Depreciation and Impairment …” regarding the 2020/21 finalised Accounts adjusted via the page 58 comparative column in the 2021/22 draft Accounts - being £2,305,339 more than the 2020/21 spreadsheet. • Reduction in “Non-Current assets written off …” regarding the 2021/22 Accounts adjusted in the 1 April 2022 balance and 2021/22 comparatives on page 56 of the 2022/23 draft Accounts - being £722,000 less than the 2021/22 spreadsheet. The page 56 comparative 2021/22 subtotals £83,678,000 and £(95,995,000) each contain a £1,000 overcasting error.

 

  1. REGARDING THE CONSTITUTION’S REVIEW: MONITORING OFFICER’S DUTIES SECTIONS 5 AND 5A LOCAL GOVERNMENT AND HOUSING ACT 1989 Constitution 11.3b on 2-24 is fundamentally incorrect because - • The Monitoring Officer must report to each Member - or to Cabinet where the executive arrangements apply - regarding actual and potential contraventions of law as well as Ombudsman investigation decisions on maladministration or service failure. • This reporting duty continues when not “practicable” for that Officer to consult with the Chief Executive and Chief Finance Officer regarding the report. To ensure Council’s effective accountability - • Sound decisions by Members - including regarding contended inconsequential contraventions - are dependent upon correct recognition of relevant law and comprehensive compliance registers. • Article 14.2 on 2-29 empowers the Monitoring Officer to implement without referral necessary Constitutional amendments. • The current Officer’s preceding tenure at Birmingham Council affirms the necessary amendments identified above. In 26 words Birmingham’s Constitution references correct application of Sections 5 and 5A.

 

  1. A development I've noticed recently is for officers to provide updates to those who have submitted Freedom of Information requests, if the statutory deadline is breached; and to provide the requester with any information thus far received. Though not ideal, this is a tremendous step forward and does provide some reassurance for requesters. If the Information Governance Board could look towards adopting this as a default protocol, it would improve the FOI experience no mean degree.