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W O R T H T H E R I S K The Audit Commission promotes the best use of public money by ensuring the proper stewardship of public finances and by helping those responsible for public services to achieve economy, efficiency and effectiveness. The Commission was established in 1983 to appoint and regulate the external auditors of local authorities in England and Wales. In 1990 its role was extended to include the NHS. In April 2000, the Commission was given additional responsibility for carrying out best value inspections of certain local government services and functions. Today its remit covers more than 13,000 bodies which between them spend nearly £100 billion of public money annually. The Commission operates independently and derives most of its income from the fees charged to audited bodies. Auditors are appointed from District Audit and private accountancy firms to monitor public expenditure. Auditors were first appointed in the 1840s to inspect the accounts of authorities administering the Poor Law. Audits ensured that safeguards were in place against fraud and corruption and that local rates were being used for the purposes intended. These founding principles remain as relevant today as they were 150 years ago. Public funds need to be used wisely as well as in accordance with the law, so today’s auditors have to assess expenditure not just for probity and regularity, but also for value for money. The Commission’s value-for-money studies examine public services objectively, often from the users’ perspective. Its findings and recommendations are communicated through a wide range of publications and events. For more information on the work of the Commission, please contact: Sir Andrew Foster, Controller, The Audit Commission, 1 Vincent Square, London SW1P 2PN, Tel: 020 7828 1212 Website: www.audit-commission.gov.uk Contents
Why has this paper been written? 1. Risk is one of life’s certainties, and how successfully organisations deal with it can have a major impact on the achievement of their key business goals. Despite this, relatively little is formally done to evaluate and manage risk. This paper aims to raise awareness about the need to address key strategic business risks and to provide good practical guidance for councils to manage such risks in a more effective and formalised way. 2. The paper has been written at a time when more formal systems of risk management are being established across all parts of the private and public sectors. However, risk management developments in local government have been dependent on initiatives taken by individual authorities rather than as a sector-wide response, and so the sector is in danger of falling behind best practices. The paper is intended to help local government bodies in England and Wales to improve the way in which they identify, evaluate and manage significant risks. It will also help local government members and officers to assess whether their current risk management activities are satisfactory and are developing in line with the best value initiative. For whom has this paper been written? 3. This guidance is aimed at elected members and officers of local government bodies in England and Wales, all of which are subject to the best value regime. The guidance will also be of interest to a wider group of stakeholders including, for example, the Department of Transport, Local Government and the Regions (DTLR, formerly DETR), the National Assembly for Wales (NAW), the Local Government Association (LGA) and the Welsh Local Government Association (WLGA). Structure of the paper 4. The paper starts by providing some background on what is meant by risk management, and the interrelationship between risk management, internal control and governance processes generally. It then looks at the elements of a good risk management system, and examines why risk management is currently of crucial importance for local government. The paper then highlights the benefits arising from good risk management. 5. This is followed by a look at risk management in local government, including a review of progress to date. The paper argues that councils need to respond now to demands for more formalised risk management systems covering all types of risk, and considers some of the risks currently facing councils. 6. The final two sections are of direct relevance to members and officers respectively. These sections clarify their roles and provide practical guidance on implementation and key aspects of the suggested risk management process. How should the paper be used? 7 The guidance is designed to be used as a reference source rather than to provide answers to specific questions or to offer advice on specific issues. It is a practical guide and is not intended to be prescriptive in terms of methodology or structures. Throughout the paper, real examples of good practice help to put risk management into context. The combination of practicality and theory provides a number of suggestions that can realistically be implemented in any council to promote good risk management, thereby increasing confidence that risk is being managed in an effective manner. 8. The paper is intended to complement and not replace existing guidance to local authorities including, for example, Chance or Choice (Ref. 1), the risk management guidance for local authority chief executives issued by the Society of Local Authority Chief Executives (SOLACE) and Zurich Municipal. It also recognises other initiatives and publications being developed while this paper was being prepared. These include Corporate Governance in Local Government: A Keystone for Community Governance: The Framework (Ref. 2), prepared by the Chartered Institute of Public Finance and Accountancy (CIPFA) and SOLACE, and forthcoming British Standards Institute guidance. Research behind the paper 9. An extensive literature review has been undertaken to identify current thinking and initiatives within the public and private sectors both in the UK and elsewhere (see Bibliography). The paper was developed by drawing on existing best practice guidance, supported by case study examples from a number of site visits and with input from an advisory group (see Appendix 3) whose assistance is gratefully acknowledged. Responsibility for this paper, however, rests solely with the Audit Commission. 1. An introduction to risk management and its benefits What is risk management? 10. Risk is the threat that an event or action will adversely affect an organisation’s ability to achieve its objectives and to successfully execute its strategies. Risk management is the process by which risks are identified, evaluated and controlled. It is a key element of the framework of governance together with community focus, structures and processes, standards of conduct and service delivery arrangements. How does risk management fit into the wider aspects of governance? 11. Much has been said and written about governance and internal control in recent years, but before discussing how they inter-relate with risk management it is worth considering what is meant by these terms. Good working definitions of governance and internal control are detailed.
12. An authority’s system of internal control is part of its risk management process and has a key role to play in the management of significant risks to the fulfilment of its business objectives. It also contributes to the safeguarding of public funds and an authority’s assets, and the promotion of best value. Internal control facilitates the effectiveness and efficiency of operations, helps to ensure the reliability of internal and external reporting, and assists compliance with laws and regulations. Each authority should seek to maintain a sound system of internal control. 13. The principal aim of any internal control system is to manage the risks that are significant to the achievement of a council’s objectives. This paper describes the adoption of a risk management approach to establishing and maintaining a system of internal control and a review of its effectiveness. The main driver for such an approach should not be compliance with an externally imposed requirement, for example, to state publicly that the organisation is achieving appropriate levels of governance. Rather, it should be that it makes sound business sense for councils to manage risk effectively and to embed internal control and risk awareness into the processes they use to pursue their objectives and into the behaviour of their staff. 14. Effective financial controls, including the
systems to maintain proper accounting records, are an 15. The risk management approach to internal
control plays a significant part in securing good 16. It is against this backdrop that the key features of good risk management can be summarised.
Why is risk management so important? 17. In recent years there have been a number of high-profile incidents that have increased demands for better risk management processes. The result has been a number of governance and risk management developments in the private sector, summarised in Appendix 1, which culminated in the report of the Turnbull Committee Report Internal Control: Guidance for Directors on the Combined Code (Ref. 3). Such incidents are not confined to the private sector – there have been a number in the public sector and, more specifically, in local government, such as child abuse cases and failing schools. 18. There are also many other forces driving the need for the public sector to improve their business performance by achieving their strategic aims [EXHIBIT 1].
19. In order for any organisation to cope with these ever-increasing demands, the key business objectives need to be identified, along with the key risks to achieving those objectives. Effective risk management is then needed to enable the organisation to deliver its objectives in the light of those risks. How has the public sector responded? 20. It would be incorrect to say that the only response to calls for better risk management has been in the private sector. Indeed, much useful pioneering work has already been undertaken in parts of the public sector. These initiatives demonstrate the progress being made in some areas, and the increased pressure on public sector organisations generally for better governance, including risk management and control.
The benefits of good risk management 21. Good risk management supports the achievement of objectives and has a vital role to play in ensuring that a council is well run. The benefits vary depending on the way in which risk management is planned and implemented. A minimalist approach is likely to deliver limited benefits and could take the form of a bureaucratic tick-box exercise merely for the sake of compliance. Conversely, a comprehensive, wholehearted but misguided approach that is aimed too broadly could waste valuable time and resources, and result in risk overload. The inevitable failure to deal with all of the risks identified by such an approach is likely to result in disillusionment with the risk management process itself. The key for the organisation is to identify the strategic risks while also taking the operational risks that need to be dealt with on a day-today basis into account. Each organisation must decide what benefits it would like as a result of its risk management programme and plan its approach accordingly. The operational benefits of a systematic and consistent approach to risk management are considerable, however.
22. The following examples from the health sector demonstrate some of the benefits arising from the introduction of controls assurance.
What about local government? 23. Councils are also well placed to benefit from the better management of risk given the pace of change under the modernising agenda and the range of existing and new risks that they face due to their diverse and complex responsibilities. However, progress to date in introducing formal risk management systems has been patchy and lacking overall focus. There is, nevertheless, a sound base on which to build, and many councils will already have some of the key elements of risk management in place, as the next section shows. 2. Risk management in local government
Progress to date 24. Local authorities have a great deal of
autonomy in the way that they assess and manage risk, and in how they account
to stakeholders for how they have done so. Aspects of the modernising agenda
have raised the profile of the probity and propriety aspects of governance,
although, as yet, there is no formal requirement for an assurance statement on
risk and control such as those in other sectors. Nevertheless, councils have
become increasingly conscious of the need for effective risk management and
internal control, as well as the need to recognise a wider range of risks.
Some councils have made good progress in improving their approach to risk
management [CASE STUDIES 2 to 4]. Recognising that better risk
management could potentially address all of these areas, the Council
produced a strategic risk framework of 42 risks. These were
prioritised and the number cut down to include only higher priority
risks. Appropriate control strategies were developed to address these
specific risks. More use is now to be made of risk assessments and
resources are to be re-deployed. The management team has recognised
that it needs to make strategic decisions on areas that are subject to
best value review and, consequently, that risk management is more
important than ever. Risk considerations are now to be
incorporated into planning, best value reviews and project management.
The Council is to implement a more effective and consistent
framework for risk assessment starting with a project to establish a
practical business continuity framework. Any service manager will be
able to use this to: To implement this framework, a series of briefings
for senior managers and nominated business continuity officers is
planned. They will, in turn, arrange training for service managers
within departments using facilitated workshops. The Council has
recognised the importance of the ongoing monitoring and reporting of
risk and proposes to: 25. Case Studies 2 to 4 demonstrate the
progress being made by local government but these examples are not typical, as
initiatives to date have tended to focus primarily on insurance related,
health and safety or property protection issues. There is little evidence
within councils of the widespread use of an holistic risk management approach
covering all types of risk. Why should all councils respond? 26. The general drivers for better risk
management were illustrated in the previous chapter, but those specific to
local government are described below. Risk management is central to coping
with these changes and initiatives. Given the level and pace of change, there
is now a real need for all councils to implement effective risk management
systems. Councils that avoid risk are unlikely to be good performers. What is
required is flair, innovation and the ability to take informed risks and to
manage them effectively. Effective risk managers will, for example, be able to
deliver: What are the big issues? 27. A number of major initiatives are facing
local government at present which makes good risk management critically
important. In particular, the Local Government Act 1999 (Ref. 6) and the Local
Government Act 2000 (Ref. 7) both have major implications for the way in which
business is conducted. The emergence of new political structures 28. Local authority powers are being
increasingly exercised by cabinets of elected members, and there is the
possibility of locally elected mayors in the future. The number of leading
members who will be responsible for making major decisions decreases under the
cabinet model, and it will become far more important for backbench councillors
to scrutinise the policies and actions of the cabinet. Such a significant
level of change will itself bring new risks which, without proper
management, could result in a loss of control, officers making decisions
without proper authority and, perhaps, even a political and managerial vacuum
which could lead to a lack of scrutiny. Best value 29. The introduction of a statutory duty of best value is designed to bring
about continuous improvement in the delivery of local authority services.
Local authorities are required to publish annual best value performance plans
that report on past and current performance, and identify forward plans,
priorities and targets for improvement. Furthermore, they are required to
review all of their functions over a five-year cycle. In order to accomplish
this, councils will have to ask themselves fundamental questions in relation
to the 4Cs – challenge, compare, consult and compete – about the
underlying objectives and priorities of their work and about their performance
in relation to other organisations in the public, private and voluntary
sectors. 30. The requirements of best value mean that risk management is now more
important than ever. They present a unique opportunity for organisations to
reassess their objectives and the threats to achieving those objectives.
Organisations can build risk management procedures into the way that they
operate as part of a quality revolution to demonstrate real improvements in
value. Without good risk management processes, authorities are unlikely to
achieve competitive advantage and excellent performance in the best value
regime. e-Government 31. The Government’s published information strategy challenges all public
sector organisations to innovate following the four guiding principles of
building services around citizens’ choices, making government and its
services more accessible, social inclusion and using information better. In
the private sector, increasing focus is being directed to the identification
and management of e-risks. Indeed, it is becoming increasingly clear that to
do nothing in the e-business area is one of the biggest risks. This is
particularly relevant to the public sector given the Government’s targets
for the provision of services electronically. Partnership working 32. Councils are entering into increasing numbers of partnerships with
organisations from the public, private and voluntary sectors. Some of these
organisations may not have the same sensitivities to the risks that a council
may see as important. Part of the process of setting up partnerships is to
ensure that all relevant risks are identified and shared, and that relevant
control mechanisms are built into the management arrangements of the
partnership. In particular, community planning, crime prevention, caring for
those with mental health problems, regeneration schemes and Private Finance
Initiative/Public Private Partnership projects are all examples where good
partnership working is essential. The need to innovate 33. Under the modernising government action plan there is much
encouragement to innovate. In central government this is an aspect of risk
management that is being reinforced by the Cabinet Office Innovation Unit and
by the National Audit Office (NAO). The encouragement to innovate is equally
relevant to local government. Proper risk analysis can facilitate the process
of innovation and increase the likelihood of such innovation being successful.
The range of risks likely to affect local authorities 34. In the context of recent governance developments, consideration should
be given to all categories of risk. The broad range of risks and challenges
faced by councils are summarised in BOX E. Managing strategic risks is a core responsibility for
senior managers in close liaison with elected members. Strategic risk
assessments should be undertaken as part of the community, corporate and
service planning process, and as a key element of service reviews.
Strategic risk assessment draws on techniques such as group assessment,
brainstorming and SWOT or PESTLE III analyses. Operational Risks that
managers and staff will encounter in the daily course of their work.
These may be: The categories are neither prescriptive nor
exhaustive. However, they should provide a framework for identifying and
categorising a broad range of risks facing each service. Each category
cannot be considered in isolation. For example, changes in the TUPE
legislation would affect judgements about the risks associated with the
competitiveness of a service. The loss of a contract as a result of a
lack of in-house competitiveness may have greater political, economic
and social consequences for the council if TUPE did not apply.
Similarly, the physical risks associated with the security of a school
can have professional consequences for teachers fulfilling their
day-to-day duties and financial consequences for the council as a whole.
As a result, managers must consider the risks associated with each of
the sub-categories and their inter-relationships if a full risk
assessment is to be carried out. |
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