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 22 May 2025 [midday 3 clear working days before the meeting].
The deadline for the submission of a statement is midday on Wednesday 28 May 2025 [midday the working day before the meeting].
The deadline for the submission of a petition is Wednesday 14 May 2025 [10 working days before the meeting].
Minutes:
The following public issues were received:
Public Questions:
Agenda item 9 – BCP FuturePlaces Investigation scope
Question from Alex McKinstry:
Regarding Item 9 tonight, "BCP FuturePlaces
investigation scope" - page 75, paragraph7, the fourth bullet
point:
Some committee members have said they have
external sources of information that they believe will be essential
to the investigation. Committee members are invited to send/give
the investigator any evidence they have ..." (Several provisos then
follow.)
Does this invitation extend to councillors not on this committee,
former councillors, Council officers, former Council officers, and
former FuturePlaces employees? Can you also confirm whether anyone
involved in FuturePlaces signed any kind of non-disclosure
agreement, which may of course prohibit / inhibit those persons
from reaching out?
Response:
If an individual has external sources of information relevant to the agreed scope of the investigation then they are able to send the evidence to the investigator. From an employment law perspective, non-disclosure agreements normally contain confidentiality clauses which restrict any party from raising awareness to the existence of such an agreement and or the terms contained therein.
Agenda Item 10 – Carters Quay Report Update
Question from Alex McKinstry:
Regarding the Carter's Quay update: have the investigators looked at an email (among the online planning records) sent from Inland Homes PLC to a planning officer on 24 August 2021 at 1333 hrs? This describes an upcoming meeting with a senior Council officer "about ensuring we are all on track for implementing in November - as the agreement it will be built for BCP has now been confirmed." The email is striking because at that point, 24 August, the Carter's Quay proposals hadn't been approved by Cabinet (which was on 1 September); nor full Council, which was three weeks away. If this matter has been investigated, what was the basis for that email and do any records of a confirmatory meeting, conducted on or around 24 August 2021, survive? If this matter has not been investigated, could it be inquired into.
Response:
Audit & Governance committee has indicated that a future investigation may be necessary, but the exact coverage and scope will be somewhat dependant on the outcome of the on-going administration of Inland Homes. The email was from a third party and so we have not established why the e-mail was drafted in those terms. Separately, the planning case officer followed due process in accordance with the statutory requirements for planning applications. Cabinet approved the proposal on 1 September 2021 and contracts were entered into subsequently in November.
Public Statements:
Agenda Item 8 – External Auditor - Audit Plan 2024/25
Statement 1 from Philip Gatrell
2023/24 OFFICER’S LOSS OF OFFICE COMPENSATION £37,500 -
“SPECIAL SEVERANCE PAYMENTS” GOVERNMENT GUIDANCE
The guidance emphasises accountability to taxpayers by limiting excessive exit payments to local authority officers.
“EX13” on Financial Regulations 5-54 defines guidance designated approvers and three payment bands.
On that basis the auditor contends there is no ultra vires element within the Compensation and no remedial action is required.
That incorrectly conflates two separate processes:
· The guidance regulates amount. It does not empower terminating staff employment in lieu of the 2015 and 2001 Standing Orders Regulations.
· Termination is not within the Leader’s executive powers.
· The guidance reference to “settlement” agreements includes negotiated termination to avoid litigation. £37,500 approximates to three months salary including Monitoring Officer pay element.
· Whichever scenario applied, I explained that termination or “dismissal” of a Monitoring Officer requires under “2015 Regulation 2” Members’ approval before serving notice.
· Officers failed to initiate Members’ approval.
Statement 2 from Philip Gatrell
UNACCEPTABLE ACCOUNTS MISSTATEMENTS PASSING MUSTER WITH OFFICERS AND EXTERNAL AUDITOR
My 27 February 2025 public statements include identified material discrepancies in annual Accounts fixed assets net book values and narratives.
For example, an unflagged £14,162,000 increase in Other Land and Buildings arising between the 2022/23 finalised Accounts and then current 2023/24 draft Accounts.
A later Audit Findings adjustment reverses the increase by a rounded £14.4 million decrease in the 2023/24 final Accounts. The journalised adjustment incongruously contains two £3,400,000 debit items not reciprocal debit and credit.
The adjustment explanation regarding “a school … converted to an Academy in the prior year not being de-recognised” discloses a concerning initial fundamental error. It also indicates the 2023/24 draft Accounts were prepared referencing 2022/23 draft Accounts figures.
The latter would not adequately explain further irregularities within the 2023/24 draft Accounts fixed assets notes; nor identified similar irregularities between the audited final 2021/22 and 2022/23 Accounts.
Agenda item 9 – BCP FuturePlaces Investigation scope
Statement from Craig Beevers (on behalf of himself and Gail Mayhew)
Dear Councillors,
As the former executive directors of BCP FuturePlaces Ltd, we fully support an independent investigation into the company.
We would be pleased to give evidence in person or in writing on the serious issues that need to be considered. Some of what we say will be surprising to residents and Members.
We understand that the Council is having problems locating original FuturePlaces documents, and most senior employees have left. Without our input, much will not be available to the investigation.
Further, we are concerned that the “investigation” will simply be officers marking their own homework – there is a need for openness and accountability.
If we are not called, then Members and residents may want to ask why this is; Whose interest is being served by excluding our evidence? What don’t they want made public?
We look forward to giving evidence in due course
Statement from Alex McKinstry:
Regarding 3.1 of the FuturePlaces scoping proposals - recruitment processes. Of note is an email to Graham Farrant released under FOI, dated 14 June 2021 and describing a three-stage appointment process for a senior officer of the company. Stages 1 and 2 are redacted, but Stage 3 reads:
"The final stage will be a permanent offer of employment as the MD for the URC (which I believe [redacted] has already received from Drew) ... I was open that there will have to be a form of selection to justify the offer and position and that is work we have yet to do but I believe that we can make it safe for scrutiny purposes without causing a huge investment in time and resources ...."
I have notified the Head of Audit, who will doubtless peruse the entire unredacted email plus any related correspondence.
Agenda items 11 and 12 – Internal Audit – Audit Plan 2025/26
Statement from Philip Gatrell:
OBSERVATIONS CONCERNING ASSETS VULNERABILITY / PHYSICAL VERIFICATION / TRACKING SOFTWARE
“Laptops” expenditure reported to Cabinet on 5 February 2025 was:
2022/23 £ 760,000
2023/24 £ 822,000
Total £1,582,000
£888,304 capitalised costs “FOR 2023/24” regarding laptops AND other mobile IT equipment and cellular phones were stated in answer to my unambiguous question on 27 February 2025 requesting those assets’ “cumulative cost AT 31 March 2024”.
Assuming that answer conformed with my question and factoring in Council’s latest estimated 5 years laptop lifespan, a material irreconcilable assets cost decrease arises AT 31 March 2024 relative to the Cabinet figures. Because - although the £888,304 includes non laptop equipment - £1,582,000 was incurred on laptops alone between 1 April 2022 and 31 March 2024.
If in fact £888,304 was the cost of all the defined equipment PURCHASED IN 2023/24, reconciliation anomalies still arise, given an awareness also of the previous IT assets major fraud. Further bearing in mind projected lifespans and Council’s “laptops replacement programme” totalling £1,515,000 for 2024/25 and 2025/26.