Fourth Quarter Risk Update

2022/23

 

 

 

 

 

 

 

 

 

June 2023

Corporate Services PAC

Report Author: Alison Blake

(Interim Deputy Head of Audit)


 

Introduction

A key principle of good governance is managing the effect of uncertainties on the achievement of our objectives (our risks). Having arrangements in place to identify and manage our risks increases the probability of achieving corporate and operational objectives by controlling risks in balance with resources.  Good risk management also increases our ability to cope with developing and uncertain events and helps to instil a culture of continuous improvement and optimisation.

The Risk Management Framework sets out how the Council identifies, manages and monitors risks.  This includes the risk appetite statement, which articulates how much risk the Council is comfortable with and able to bear.  The Council is currently updating its Risk Management Framework (which was last reviewed in 2019).  The new Framework will be taken to Audit, Governance and Standards Committee for approval in July.

A key part of the risk management process is to report risk information to understand how the risks to the Council are changing and what risks are emerging.  This report sets out the Council’s corporate risks, describes the risks ‘on the horizon’ and includes the Council’s operational risk profile, detailing the most significant operational risks. 

The Council will undertake a complete review and refresh of its Corporate Risk Register at a workshop involving Members and Officers in June.  The new corporate risks will be reported to CS PAC as part of the next update report in September.

 

The Council’s overall risk profile is pictured in the diagrams below.  These show a slight decrease in the overall number of risks and a decrease in the number of black risks following the incorporation of two housing operational risks into the corporate risk, and a reduction in the infrastructure risk. 

 


 

Corporate Risks

The Council’s corporate risks are reported quarterly to the Corporate Services Policy Advisory Committee to ensure effective oversight and monitoring.  The risks are reviewed and updated by risk owners including progress against any related risk actions.  

The table below summarises the 15 risks on the corporate risk register. Further detail on the corporate risks, including a description of the risk and details of existing and planned key controls are included in Appendix A.   Appendix B outlines the impact and likelihood scoring criteria.

No

Corporate risk

Jan’ 23

Current Risk

May 2023

Corporate Priority

Current Risk

Mitigated Risk

1

Financial uncertainty

25

25

16

2

Election failure / challenge

25

20

16

3

Construction costs / contractor insolvency

20

20

16

 

4

Housing pressures increasing

20

20

16

 

 

5

Environmental damage

16

16

16

 

6

Cost of Living Crisis

9

16

12

 

 

7

Diminished local retail and leisure sector

16

16

12

 

 

8

Major unforeseen emergency

15

15

12

9

Major contractor, supplier or tenant failure

12

12

12

10

IT network failure

12

12

9

11

Not fulfilling residential property responsibilities

12

12

9

 

 

12

Ability to access / leverage new funding

12

12

9

13

Loss of workforce cohesion and talent

12

9

9

14

Reduced effectiveness of relationships with strategic partners

9

9

9

15

Governance changes

9

9

6

The loss of workforce cohesion and talent risk has reduced since the last report as a result of an improving recruitment market.  The contractor failure risk description has been expanded to include suppliers and tenants.  The Elections risk has been updated and re-framed to reflect the implications of voter ID on future elections.  The resilience of the voluntary and community sector has been re-framed and re-scored to reflect the increased demands from the cost of living crisis.   


External Threats (horizon scanning)

Our horizon scanning process identifies external threats over which we have no direct control or ability to manage the impact on delivery of our priorities.  Our response to these threats will be an important factor in how we develop our strategies, policies and how we translate that into service delivery.  As such, we can draw down any of these threats into our corporate risk register if (or when) the time is right.

For the time being, we will keep our eye on these threats and continue to provide updates as part of the quarterly monitoring report.  The diagram summarises the external threats aligned to each of our priorities with those closest to the centre being those likely to happen soonest.


 

The following points provide some more detail on the threats outlined in the diagram above:

·         Changing Demographics – changes in local demographics as local residential development expands and census results become clearer, changes predicted service provision.

·         Climate change unknowns – some of the implications of climate change are already captured within the corporate risk register.  But this reflects the possibility of other as yet unknown implications from climate change.

·         Community skills and expertise – decline in diversity of skills and expertise within communities.

·         Decent homes standard – ability of Maidstone BC to ensure its homes meet new guidelines.

·         Economic Instability – uncertainty around employment rates, interest rates and inflation increases, and the eaffect this will have on the local economy, residents financial position and our operational and contractual costs and wage bill. 

·         Funding uncertainty – ability of Maidstone BC to get funding which matches its aspirations and delivery goals.

·         Policy change uncertainty – potential for changes in legislation and other central government policy changes.

·         Resident Wellbeing and recovery – potential for residents in the borough to not have long term improvements to their wellbeing

·         Rising health inequalities – increasing inequality in access to health care provisions.

·         Stakeholder engagement – heightened sensitivity to Council plans leading to increased intolerance and complaints.

·         Utilities Resilience – loss of water, electricity or telecoms over a wide area in the Borough.

 


 


Operational Risks

The following matrix sets out the operational risk profile of the Council including shared service risks.  It shows the ‘business as usual’ position (current risk) and the position once all planned actions are implemented (mitigated risk).  Compared to January 2023 the overall number of risks has decreased from 155 to 147, including the downgrading of the black infrastructure improvements risk. 

 


 

The 1 remaining black operational risk is detailed below:

 

Waste Collection Contract costs increase. Annual contract financial review could result in increase in costs associated with the contract, or contract not being viable for the contractor.

Service Area:

Environmental Services & Public Realm

Ownership:

Jen Stevens

Current Score:

I5 x L4

20

 

Causes

National HGV driver shortage is having impact on collection costs due to substantial pay increases to attract and retain staff

New contract from 2023 could be financially unviable given the requirements set out in the specification and if the full extent of the carbon reduction requirements are to be realised e.g. full electric RCV fleet

 

Consequences

Financial burden on the council.

Potential reconsideration of how the service is provided.

Existing Controls

·         Agreed waste contract and T&Cs around termination of contract and changes to the contract

·         Opportunities to review fees and charges to residents in line with costs

·         Quarterly monitoring of property growth and estimation of growth included in budget

·         Budget set aside from fees and changes to cover garden waste increases

·         Monitoring with finance on financial position

·         Income from Council tax growth to cover increase in service

·         Updated MTFS with likely increases in contract costs

Risk Response

 

·         New waste collection contract awarded

 

Next Risk review:

June 2023

Risk direction over time:

no change

Mitigated Score:

I4 x L3

12

 


 


Appendix A     Corporate Risk Register

The following table shows the detail of the Council’s Corporate Risks including the current rating (business as usual position) and the rating after the introduction of planned controls (the mitigated rating). 

Risk (title & full description)

Risk Owner

Key Existing Controls

Current rating

(I x L)

Planned Actions

Mitigated rating

(I x L)

General financial uncertainty.  Unexpected changes to government funding, failure to achieve income or savings targets, and increases in inflation and contractor costs and deteriorating economic environment places further financial restrictions on the Council resulting in difficulty maintaining standards or meeting aims. 

Mark Green

• Agreed work programmes in transformation and commissioning
• Budget monitoring in place
• MTFS in place and monitored
• Scenario planning in budget setting
• Strategies for maintaining income (e.g. pricing policies and proactive management of property portfolio)
• Holding reserves to mitigate impact of financial restrictions

·    Robust risk assessment of new business opportunities

·    Cost recovery through bidding for additional government support for one-off costs and strategic investments

·    Maximise Council Tax to referendum limit

(5 x 5)
25

• Lobbying to avoid unfavourable financial changes to government funding
• Identifying measures to address future budget gaps

• Early start to budgetary process for 24-25 to agree key areas

(4 x 4)
16

Elections Act 2022 implications in terms of Voter ID, Postal Votes and Overseas Voters could lead to greater challenge or failure for a general election in the next three years (A GE has to be called by January 2025)

Angela Woodhouse

·         All usual election risk mitigations are in place including project planning, contingency planning and risk assessments. 

·         DES Manager on DLUHC BCN group working on Elections Act 2022 implementation and liaising with AEA.

·         A number of actions completed around increasing the number of elections staff (including having staff on standby) and more targeted training.

·         Targeted communication plans and training for staff plus increasing the number of staff with electoral administration knowledge

(5 x 4)

20

Contingency planning for post-election challenge impacts. 

(4 x 4)

16

Changes to national shopping patterns and the after-effects of the pandemic leads to Maidstone town centre continuing to diminish as a retail and leisure destination, limiting the appeal of Maidstone town centre threatening social cohesion and business rates income.

William Cornall

• Working with Key stakeholders including One Maidstone to safely reopen the High Street.
• Regular network meetings with town centre retailers
• Public realm improvement work
• Supporting One Maidstone Business Improvement District
• Acquisition of key property (Royal Mail former sorting office planning application to be submitted Q4 / Grenada House refurbishment works expected to commence Q4)
• Work commissioned to promote Maidstone as business destination
• Planning Guidelines documents have now been approved by SPI for the Five town Centre Opportunity sites.  Planning permissions have now been granted on two of these and pre-application advice given in respect of land parcels on Maidstone Riverside.
• Active management of Lockmeadow to enhance the local economy
• Support delivered to the sector through Business Rates grants and assistance grants
• Town Centre Opportunity guidance published and actively being used

(4 x 4)
16

•         Development of a Town Centre strategy to guide the reallocation of land uses within the Town Centre (including retail). This is now out to tender, with the successful firm expected to commence work in Jan 23, with a c 12-month commission.

•         The Leader has agreed the LIP and it has been submitted; we are awaiting the outcome; we need to add reference to our successful bid to the safer Streets Fund which has secured Ł565k investment for community safety in the town centre

·              The Council has now received a circa Ł1.2m Shared Prosperity Fund allocation for the next three years.  Officers are in the process of preparing a draft investment plan for the monies for consideration by Members

·              Town Centre Strategy now underway with "We Made That" appointed, with work scheduled to complete by Dec 2023.

(3 x 4)
12

Inflation continues to rise and a significant economic event (e.g. further pandemic impacts, BREXIT, supply chain issues) causes significant changes in construction costs which may also result in a contractor insolvency, as they are generally locked into delivering schemes at a fixed price, and so need to manage their exposure to rising costs in their supply chain.  For the Council, this leads to a narrowing gap between build price and end of property values, increased costs to the Council and a possible time lag in delivery of 1000 affordable new homes, owing to a lack of capacity in the construction sector.

William Cornall

• Use of "off-site" and other Modern Methods of Construction where possible to ensure schemes are delivered efficiently
• Designing buildable efficient schemes
• Financial stability and overall exposure checks for contractor
• Performance bonds and quality monitoring
• Realistically set financial scheme approval hurdle rates

• Appointment of a single architect, employers agent and development management specialist as a consistent professional team to support the Council in it delivery of the 1,000 homes programme

(4 x 5)

20

• Exploration of suitable contractor frameworks to access.
• Managing exposure levels to different contractors as the programme gathers momentum.
• Delaying the letting of key contracts if tendering does not yield VFM proposals that are financially robust.
• Careful scheme design evolution to enhance the “buildabilty” of new projects.

• Internal team is being strengthened by the creation of three new roles, which are currently being recruited to

 

(4 x 4)

16

Increased impacts from climate change (including flooding, severe storms, heatwaves and drought) causes environmental damage reducing residents' quality of life and increasing adaptation support required from the Council.

Angela Woodhouse

·         Comprehensive Biodiversity and Climate Change Strategy and action plan has been developed and is being implemented across council

·         Air Quality Action Plan in place

·         Emergency planning arrangements

·         Parks and open spaces strategy to reduce risk of damage from trees and nature based mitigation of climate impacts

·         Budget available to deliver actions and additional funding allocated

·         Communication / engagement activities to increase resilience and awareness of residents and businesses for adverse weather events

·         Use of Severe Weather Impacts Monitoring System (SWIMS) to understand impacts of severe weather in borough

·         Member of the Kent Climate Change Network

·         Permanent Biodiversity and Climate Change Manager in post

·         Permanent Biodiversity and Climate Change engagement officer in post to support public and business adaptation to climate change

·         Part of Medway Flood Partnership and Kent Resilience Forum

·         Strong governance arrangements in place with operational board chaired by Director of Strategy Insight and Governance, Fortnightly oversight meetings with the Leader and quarterly reports to Corporate Leadership Team, Policy Advisory Committee and the Executive

·         KPIs in place and a dashboard of performance has also been developed

(4 x 4)
16

·         Continue Implementation of the B&CC strategy and action plan to engage with public and businesses to adapt to and mitigate impacts of climate change

·         Review of our own estate in line with ambition to be carbon neutral by 2030, and work with partners to reduce carbon, reduce surface run off and increase natural solutions to mitigate impacts of climate change and pollution

·         Partner with KCC, other Kent districts and private landowners on widescale tree planting and nature recovery to mitigate impacts of climate change

·         Emergency Planning Officer will be trained on SWIMS and take on the task of uploading impacts on SWIMS more regularly and with closer ties to KCC.

·         Work with Medway Flood Partnership to identify and develop actions, including natural flood management (nature-based solutions and sustainable urban drainage), which can help to reduce flooding.

·         Ensure Local Plan review considers level of current and future projected flood/drought risk and that new developments are planned accordingly.

·         Work with the Kent Resilience Forum, spatial planners and other partners to enhance adaptation and emergency planning contingencies for severe weather and other climate impacts. ‘Strengthening’ of power and water supply and other critical infrastructure should be a priority alongside ensuring more resilient settlements

(4 x 4)
16

The broader housing and cost-of-living crisis leads to housing pressures increasing on the Council, affecting both costs associated with homelessness and ability to meet wider housing needs in the borough.

William Cornall

• Homelessness prevention team in place with increased resource
• Access to our own housing stock to use for temporary accommodation & market rented housing (within Maidstone Property Holdings)
• Closer working with private sector & housing
associations
• Key policies are in place: Temporary Accommodation Strategy
• Implementation of Housing Management Team
• Council approval in place for MBC to develop up to 1000 affordable homes of its own
• We work closely with the voluntary sector and community partners
• Home Finders scheme in place and supported through Government funding

• New Housing Strategy adopted

•  Undertaking roadshows with colleagues from Revs & Bens and other stakeholders to support those in financial/housing difficulty

• Use of government grants specifically to support households in financial difficulty as a result of cost-of-living crisis

• Maximise use of government grants to assist those in financial difficulty

•Increase the use of OneView to identify households who may become homeless

•Trinity now open offering Mon-Fri services for immediate intervention and support/guidance

•capital programme for 23/24 allows for c30 TA units to be acquired this year

•Officers have appointed BEAM to help secure move-on accommodation in the PRS

(4 x 5)
20

·  Leader of Council ambition to build 1000 new Council homes as soon as possible and plans to meet this aspiration have been approved and the programme is underway with the second major new land acquisition.  Around 40% of the required plots are now either acquired or approved by the Executive.

·  Improve access to private rented sector through the MBC incentive scheme

·  The Council continues to work with Homes England to promote the 5,000 home Heathlands garden community through the Local Plan Review, with a view to the project delivering new homes from the late 2020’s.

·  Review of the Home Finder Scheme offer to landlords to increase the supply of stock at our disposal.

(4 x 4)

16

Major unforeseen emergency with national / international impact (e.g. new pandemic, environmental disaster)

 

Alison Broom

·  Strong existing emergency planning framework

·  Active engagement with Local Resilience Forum

·  Flexible, committed and appropriately trained workforce

·  Quarterly oversight & monitoring through the Emergency Planning Group (EPG)

·  Some financial reserves

·  Good partnership working as demonstrated during Covid-19 pandemic

·  Continued update to Business Continuity Plans and arrangements 

·  Ongoing considerations of financial reserves which have been increased

(5 x 3)
15

·  Plan for dealing with different types of major emergencies, including water supply interruptions

·  Review and update of the Council’s IT Disaster Recovery arrangements and Business Continuity Plans

·  Embedding arrangements over the quarterly review of emergency threats and risks through the EPG including horizon scanning and early warnings

·  Recovery and renewal funding allocated to strengthen work on community resilience

·  Report to CLT in November recommended improvements to the business continuity arrangements

(4 x 3)
12

Security breach or system weakness leading to IT network failure results in wide-spread system unavailability, increased legal and financial liability and reputational damage.

Georgia Hawkes

• Regular backup programmes
• External testing of IT security by specialists –resulting findings and actions are implemented and tested
• ICT policies & staff training, including disaster recovery plan
• Mandatory cyber security training was rolled out and completed
• CLT monitoring of performance indicators, including ICT incidents
• Nessus scanning software reporting daily on system vulnerabilities
• New firewall tested and installed
• Ongoing programme of awareness raising through Cyber events, training, and tests
• Ongoing programme of IT campaigns including phishing

• IT Business Continuity Plan which prioritises the systems that need to be bought back online.

• Bulk messaging system to ensure adequate communication lines available.  Gov.notify used and an awareness campaign run to encourage staff to sign up.

(4 x 3)
12

• Cyber Security Incident BC Exercise to be undertaken in November 2022

• Business Impact Assessments are being reviewed and updated and will be used to update all BC Plans

• Consider how to implement the recommendations from Zurich Cyber security report - New role of Security manager is now in post to support this.

Recommendations now in place

 

(3 x 3)
9

Insufficient awareness / expertise leads to not fulfilling residential property responsibilities resulting in possible health & safety breaches.

William Cornall

• New Contractors appointed DMS (repairs and voids) and Clareglow (gas) to deliver a more tailored service for the Council

•  Faithfull Farrell & Timms have been retained as a critical friend to allow the new housing management function to up skill.
• The whole MBC residential portfolio is now being managed by a single team within Housing & Communities, where previously it was split between Housing & Property.
• H&S KPIs are now recorded and reported through a permanent software solution.
• The H&S KPIs are reported monthly to Corporate Leadership Team.
• Good level of awareness from officers around H&S obligations and compliance
• Excellent levels of compliance being reported to the CLT monthly.

New Residential Portfolio Manager, and associated team appointed and in place since Sept 22, working exclusively on housing management and compliance.

(4 x 3)
12

·  Eventual goal of real time reporting in terms of gas safety

·  Review of existing resources and skills underway to support the housing portfolio and management of properties.

·  Implementation of new specialist housing management software to support the growing portfolio.

·  The Council has almost completed a significant re-investment package of works of its two publicly owned G&T sites and works nearing completion

(3 x 3)
9

Failure of a major contractors, suppliers or tenants: As a result of market pressures one of the Councils contractors goes into liquidation / administration or seeks to negotiate an increase in the cost of the contract.  Leading to disruption and increased costs.

 

Mark Green

• Regular contract monitoring and communication with contractors
• Procurement expertise made available through the Partnership with Tunbridge Wells
• Financial performance and sustainability embedded into the procurement process
• Contractor business continuity plans in place and alternative contractors may be available
• 'Exit plan' included as a requirement in the ITT document for all relevant contracts

(4 x 3)
12

• Ongoing financial performance and resilience checks of our suppliers and contractors
• Risk register work being completed for each of the Council’s strategic contracts

• Increased consideration of in-house provision or alternative commissioning routes

(4 x 3)
12

Difficulties in recruiting and retaining the right skills and adapting to hybrid working leads to a loss of workforce cohesion and talent.  This results in a loss of productivity.

Georgia Hawkes

·         Workforce strategy monitoring & reporting

·         Training & development programme (including hybrid working skills)

·         Occupational health, employee support and HSE Stress Survey

·         Recruitment process that includes ability to adjust pay and market supplement for hard to recruit jobs

·         Rewards package reviewed regularly

·         Commissioning specialist external support as required

·         Online onboarding of new staff

·         Use of ClearReview to encourage continuous conversations and clear objectives

·         Hybrid Policy and service review of hybrid working arrangements

·         Market Supplement Policy reviewed and updated

·         graduate microsite has been created to allow the council to recruit graduates in less skilled roles in order to provide the training to increase skill levels to progress in the role

(3 x 3)

9

·         Use of SmartPath to offer additional support to managers

·         Review potential for different approaches to recruitment

(3 x3)

9


Uncertainties relating to the Council’s ability to access new funding and availability of PWLB loans.  Increases difficulty securing and leveraging funding to help stabilise and support the delivery of our capital programme.

Mark Green

·         Access to professional networks to identify opportunities for funding

·         Experienced officer capacity

·         Good relationships with funding partners, e.g. Homes England

·         Obtaining forward borrowing

(3 x 4)

12

·         Investment of one-off resources for putting together funding bids

(3 x 3)

9

As a result of significant changes to the Councils' governance (including moving to executive model and the boundary review) sound governance processes may not be maintained during the change or poor processes may be introduced.  Leading to delays in decision making, reputational damage or legal implications.

Angela Woodhouse

·         Monitoring Officer in place to oversee Council activities and provide advice

·         Code of Conduct

·         Timeline agreed for the Local Government Boundary Commission review and work overseen by the Director of Finance and Business Improvement

·         Software to facilitate consultation on ward boundaries

·         Templates and system for agendas and decision publication updated

·         New constitution agreed and in place

·         Training carried out with Officers and Members on the new governance arrangements

(3 x 3)
9

·         Recruit two additional officers into Democratic Services to support the new model

·         Log of issues kept by Democratic Services – contributed to by the Monitoring Officer, Democratic Services and Director of Strategy, Insight and Governance

(3 x 2)
6

Reduced effectiveness of relationships with strategic partners 
Financial constraints and requirements from Government or regulators change the priorities or commitments of our strategic partners or their capacity to work with us. This causes a dislocation with our work and increases Member pressure to highlight concerns.

Alison Broom

· Collaboration with Kent County Council via a variety of project teams including Town Centre Strategy

· The Community Safety Partnership with the Police and other key parties

· The West Kent Health and Care Partnership Board which includes Executive Board (officers) and Elected Members Forum with

· Participation in Kent One Public Estate Board

· Maidstone Health and Well-being Partnership Group

· Maidstone Inclusion Board

· Survey of all voluntary and community sector to understand changes in community need and demand for services

· Good integration with County-wide networks

· Anchor Institutions engaged in various projects including UK Shared Prosperity Fund Local Investment Plan

· Whole System event to review partnership working effectiveness – July 2022

(3 x 3)
9

· Strengthen processes for continued horizon scanning with partners to understand changes in priorities and formulate an overview of all key partners

· Regular programme of Anchor Institutions stakeholder meetings planned from October 2022

· Review of outputs from Whole System Event and significant actions to strengthen partnership working on key priorities

(3 x 3)
9

More residents moving from comfortable and making ends meet into financial crisis.  If the current cost of living crisis continues and potentially intensifies there will be an increase in the need for support and demand for services. Leading to Increased financial pressures for residents of the Borough; Homelessness increased; Resident debt increased; Increased stress and mental health problems; Increased demand for support from us and the voluntary and community sector

Angela Woodhouse

·         Anchor Institutions Partnership established and meeting regularly

·         Project to increase engagement in volunteering underway

·         Investment has been made in Trinity Foyer and it has opened as a Community Hub

·         Love Where You Live & Get Involved project has been launched and continues to be delivered

·         Financial Inclusive Strategy has been agreed

·         The Community resilience fund first round of funding has been distributed across a range of VCS  groups across the borough

·         Agreed part funding with the Citizens Advice Bureau for a Debt Management post

·         Community Sector newsletter established

·         VCS repository is live and under review to ensure it is kept up to date

(4 x 4)
16

·         Currently we have a financial inclusion strategy and a number of other initiatives focussed on prevention, sign posting and advice as well as reactive measures through the use of  Household Support Fund and our Community Resilience Grant. Plan is to bring this work together under a new strategy and action plan, with  identified and coordinated resourcing

·         An action plan is in place, a welfare post has been appointed to and a hardship fund created. A number of other actions are planned

·         Review Financial Inclusion Strategy in light of cost-of-living crisis - Portfolio Holder cited, work underway including roadshows and webpages and the creation of a hardship fund. Full strategy review planned

(4 x 3)
12

 


Appendix B     Impact and Likelihood Definitions

Risks are assessed for impact and likelihood. So that we achieve a consistent level of understanding when assessing risks, the following definitions were agreed and have been used to inform the assessment of risks on the risk register.