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Devon County Council - Committee Report

Code No: SC/15/6

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SC/15/6

Audit Committee

27 March 2015

Report of the Corporate Risk Management Group

Report of the Head of Services for Communities

Recommendations:

Audit Committee to consider and note updates to the Corporate Risk Register.

1. Summary

This report of the Corporate Risk Management Group provides an update on risk management practice in the Council.

2. Introduction

Corporate Risk Management Group reports to Audit Committee as necessary by exception to provide information on significant changes recorded on risk registers.

3. Risk Registers

Risks recorded in the Corporate Risk Register (CRR) are shown in appendix A of this report.

The risks in this risk register are reassessed at least every six months and on this occasion reviews have resulted in the following changes since September 2014.

Three risks have increased:

TG 15 CRR Reduction in funding affects service delivery in event of financial problems at external body

This risk has been reassessed as part of the monthly monitoring process and has been increased due to the continuing financial pressures being experienced by NEW CCG, which have potential to impact adversely on the Authority.

FF 5 CRR Early Help

The scoring of this risk had increased significantly since the Committee last met in September, but has recently been reviewed and re-scored by the Head of Service to reflect progress being made with regard to implementation of the Early Help Strategy.

FIN 39 CRR Failure to deliver priority services due to inadequate financial planning

The "Meeting the Challenge" group, chaired by the Head of Communities, has worked through the current financial year to identify areas of potential savings within Services and across functions. The County Treasurer and Deputy have been engaged in the process and strategies for balancing the 2015/16 budget, with future year savings are being formulated. Chief Officers and Senior Members will review data, feeding in to budget decisions for 2015/16 and production of subsequent year's Medium Term Financial Plan.


Seven risks have decreased:

TG 11 CRR Market Capacity: Adult Social Care

Additional mitigating actions have been put in place, for example, 'escalation process with NHS colleagues' and exploration of 'provider of last resort option' have resulted in the current risk assessment being reduced.

SPOC 15 CRR Failure to prevent discriminatory practice/adhere to the Equality Act & Public Sector Equality Duty

The Corporate Equality Officer co-ordinates completion of impact assessments of service reductions. A recent Devon Audit report stated that DCC had a "good standard" of compliance with completing equality impact assessments. Employment equality policies are out of date and work is underway to update them and improve the information on the GAP pages. Many areas of the council have diversity profiles for customers, but there are gaps in terms of monitoring and analysing satisfaction levels on a regular basis. The growing use of commissioned services makes customer satisfaction a more complex process.

SPOC 16 CRR Failure to properly implement Impact Assessment in effective decision making

Impact Assessment is much more a part of the decision making process than in the past, however there is still work to be done to bring it into mainstream activity and ensure the process is recognised and supported at all management levels.

TG 12 CRR Health and Social Care Bill

The risk has been reviewed and re-scored as part of the monthly monitoring process. This has resulted in a reduction in the current risk assessment as a result of good progress being made by a range of work-streams supporting implementation.

FF 2 CRR CAMHS

This risk has been reviewed by the Head of Service and reduced to reflect an understanding that activity within health will begin to address this need over the coming months.

HRO 1 CRR Health and Safety

Since previous review in July when risk status was increased significant work has been undertaken around:

1. premises management. This work is due to complete by mid-March 2015. It is expected that at this point the amber and overall status will be reduced

2. New H group level committee structure and identification of key management links, with action plans now established

SP 1 CRR Flood Risk Management

The Flood Risk Management Team is now well established and continues to upskill to deliver the ever evolving role of the Lead Local Flood Authority. To support the delivery of Projects the graduate engineer scheme now includes an allocation within Flood Risk Management and also the recent appointment of a business admin apprentice for the Environment Group has provided valuable support for flood investigations and other flooding matters.

The Local Strategy for Devon has now been published and is available on the website. A number of supporting guidance and best practice documents have been produced and are also available on the website.

The two year project which is funded until end of March 2015 is progressing well with all of the original 15 communities having been communicated with through the project and a number of additional communities with similar needs also approached. Various self-help resilience measures including the development of community emergency plans and supplies, such as sandbag stores, hi-viz tabards, torches and warning signs have been provided. Other equipment such as rain gauges and watercourse flow monitors/level gauges have also been provided.

Three risks have been removed from CRR:

AD E 01 CRR Effects of prolonged recession or austerity policy on Active Devon.

No longer considered to be at previous level.

SCC 22 CRR Organisational Capacity to Change.

Mitigating actions sufficiently robust and embedded to de-escalate risk from Corporate Risk Register and People Risk Register. To be managed by Head of Service.

People 1 CRR Financial Instability

Mitigating actions sufficiently robust to de-escalate risk from Corporate Risk Register and People Risk Register. To be managed by Head of Service.

SS 14 CRR Deprivation of Liberties (DoLS) and Court of Protection

Risk reviewed as operational context is quite dynamic. There will be a paper to CLT in April which describes the risk to the authority.

No risks are overdue for review

John Smith

Head of Services for Communities

Appendices

Appendix A: Corporate Risk Register

Electoral Divisions: All

Cabinet Member for Community and Environmental Services: Councillor R Croad

Chief Executive: Dr Phil Norrey

Local Government Act 1972: List of Background Papers

Contact for enquiries: Simon Kitchen

Room No: G43 County Hall, Exeter

Tel No: (01392) 382699

Background Paper

Date

File Ref.

None


Corporate Risk Register (at 18 March 2015) Appendix A to SC/15/6

Key to Performance Status:

Mitigating Control:

Review overdue

Red

Amber

Green

Completed

Risks:

Review overdue (0+)

Very high (21+)

High (13+)

Medium (10+)

Low (1+)

Risk Code and Status

Scope of risk

Current Position, Action being taken, and Accountable Officer

Risk Code: TG 15 CRR

Inherent Status: Very high (30)

Current Status: Very high (30)

Last Review Date: 23/12/2014

Reduction in funding affects service delivery in event of financial problems at external body

Potential loss of funding affecting DCC service delivery in the event of financial problems arising with an external funding body such as a Clinical Commissioning Group.

Risk Owner: Tim Golby

Accountable Officer: Jennie Stephens

Mitigating Control:

Green

Governing body of the CCG

Amber

Joint Commissioning Executive Group

Risk Code: TCS 1 CRR

Inherent Status: High (15)

Current Status: Very high (24)

Last Review Date: 05/03/2015

Public Transport Support Budget

Additional Cost/ budget pressure due to: (a) withdrawal of commercial services, requiring DCC to respond to fill gaps in the bus network thorough additional support for services. (b) Risk of higher tender prices, given a prolonged period of lower tender prices. (c) funding reductions resulting in signficant cuts in bus services.

Risk Owner: Bruce Thompson

Accountable Officer: John Smith

Mitigating Control:

Red

Operational, policy and administrative efficiencies

Red

Operational, policy and administrative efficiencies

Risk Code: HTM 1 CRR

Inherent Status: Very high (24)

Current Status: Very high (24)

Last Review Date: 01/12/2014

Failure to maintain C class and unclassified roads effectively.

Deterioration of highway network due to insufficient planned and routine maintenance.

Risk Owner: Joe Deasy

Accountable Officer: David Whitton

Mitigating Control:

Green

Highway Monitoring

Green

Safety repairs

Green

Value for Money solutions

Risk Code: HTM 3 CRR

Inherent Status: Very high (24)

Current Status: Very high (24)

Last Review Date: 10/03/2015

Lack of capacity or capability to effectively respond to Extreme weather events

Flooding and structural damage to the highway affecting citizens and property

Risk Owner: Joe Deasy

Accountable Officer: David Whitton

Mitigating Control:

Green

Asset Management

Green

Delivery of Planned works

Green

Highway Monitoring

Green

Preparedness

Green

Winter Service and Emergency Plan

Risk Code: HTM 2 CRR

Inherent Status: Very high (24)

Current Status: Very high (24)

Last Review Date: 10/03/2015

Lack of capacity or capability to respond effectively to highway safety related issues

Potential for fatal and severe accidents to citizens due to lack of effective and timely repair or replacement of highway assets. This could be brought about by deteriorating highway condition, inability to meet policy level of service, inadequate procedures or poor staff/contract performance.

Risk Owner: Joe Deasy

Accountable Officer: David Whitton

Mitigating Control:

Green

Highway Monitoring

Green

Programme flexibility

Amber

Safety repairs

Risk Code: TG 11 CRR

Inherent Status: Very high (30)

Current Status: Very high (24)

Last Review Date: 23/10/2014

Market Capacity: Adult Social Care

The supply of personal care is currently stretched in some parts of Devon increasing the risk that we cannot maintain all people who require it safely in their own homes, achieve safe discharge from hospital and with the potential to increase admissions to residential and nursing care.

Risk Owner: Paul Collinge

Accountable Officer: Ian Hobbs

Mitigating Control:

Red

a) Refresh of the Adult Social Care Services Market Position Statement

Green

b) Provider Engagement Network

Green

c) Performance monitoring of call off against the Framework Agreement

Amber

d) work with providers to address capacity shortfall

Amber

e) Investigation of new solutions/new ways of working

Green

Provider of last resort option

Green

Weekly SITREPS and escalation process

Risk Code: FIN 39 CRR

Inherent Status: High (20)

Current Status: High (20)

Last Review Date: 09/10/2014

Failure to deliver priority services due to inadequate financial planning

Reductions in government funding over the next 3 years will necessitate reductions in local government spending and service provision. DCC has responded by identifying savings in 2014/15 and is identifying the impact of further reductions in subsequent financial years via its Medium Term Financial Planning process

Risk Owner: Chris Phillips

Accountable Officer: Mary Davis

Mitigating Control:

Completed

Medium Term Financial Plan

Risk Code: SPOC 15 CRR

Inherent Status: High (20)

Current Status: High (16)

Last Review Date: 19/01/2015

Failure to prevent discriminatory practice/adhere to the Equality Act & Public Sector Equality Duty

Ensuring the Council gives due regard to the need to eliminate discrimination (end prohibited conduct), advance equality and foster good relations as required by the Public Sector Equality Duty (Equality Act 2010).

Risk Owner: Jo Hooper

Accountable Officer: Roland Pyle

Mitigating Control:

Green

(Equality) Impact Assessment

Green

Communications Toolkit

Amber

Customer diversity monitoring

Green

Discriminatory Incident Reporting

Amber

Equality Framework for Local Government

Green

Equality Objectives (Fair for all Programme)

Green

Equality Policy

Green

Equality Reference Group

Green

Equality Standards in Procurement

Green

Equality Training and Competencies

Green

Hate Crime Prevention

Green

Impact Assessment Performance Measures

Green

Information (Evidence base)

Green

Learning from Judicial Review Project - implementing the recommendations

Green

Staff Surveys

Green

Sufficient allocation of staff with responsibility for equality/impact assessment

Amber

Supporting employment policies

Green

Workforce diversity data

Risk Code: SPOC 1 CRR

Inherent Status: Very high (30)

Current Status: High (16)

Last Review Date: 17/12/2014

Failure to achieve good working relationship through lack of involvement of partners & stakeholders

- RISK of not engaging effectively with partners and stakeholders exposes us to high levels of uncertainty in terms of capacity, service delivery and finance; OPPORTUNITY for greater value-added benefits through co-operation with other agencies and place-based budgets

Risk Owner: Simon Kitchen

Accountable Officer: John Smith

Mitigating Control:

Green

Clear governance arrangements

Green

Communications between Partners (key individual networks)

Risk Code: SPOC 16 CRR

Inherent Status: Very high (30)

Current Status: High (16)

Last Review Date: 27/10/2014

Failure to properly implement Impact Assessment in effective decision making

Continuing issues with poor consideration of impacts, and the potential for legal challenge and further judicial reviews. There may continue to be staff who consider there to be 'no need' to do an impact assessment or are unaware of the need, or ignore guidance and produce poor quality assessments as a result; this would be reinforced if proposals are accepted at senior level without evidence of an impact assessment of sufficient quality. We may also encounter active resistors to change (in particular where we need to influence a change over other templates, guidance, procedures etc. Occurrence of this operational risk will remove an effective mitigation from the Council's risk management approach and equality practice and threatens change programmes.

Risk Owner: Jo Hooper

Accountable Officer: Roland Pyle

Mitigating Control:

Amber

Escalation

Amber

Facilitation

Amber

Governance

Green

Monitoring and feedback

Green

Programme Management

Risk Code: TG 12 CRR

Inherent Status: Very high (25)

Current Status: High (16)

Last Review Date: 23/12/2014

Health and Social Care Bill

That the Authority will not be in an appropriate position to respond to the proposed changes arising from the Bill, which will confer new duties, e.g. prevention and sufficiency of markets; new responsibilities for carers, an increased drive for Health and Social Care integration and a cap on the life time costs of care (Dilnot Review). Risks relate to organisational capacity, financial consequences and the ability of the market to respond.

Risk Owner: Tim Golby

Accountable Officer: Jennie Stephens

Mitigating Control:

Amber

a) Project in place to take forward the changes

Amber

b) Better care fund

Amber

c) Joint commissioning coordinating group

Risk Code: FF 2 CRR

Inherent Status: High (20)

Current Status: High (16)

Last Review Date: 16/03/2015

CAMHS

Insufficient CAMHS tier 4 service to meet presenting needs of children and young people

Risk Owner: Fiona Fitzpatrick

Accountable Officer: Jennie Stephens

Mitigating Control:

Green

a) Case managers appointed to facilitate bed finding

Completed

b) National bed state produced weekly

Amber

c) Assertive outreach service being commissioned from Virgin Care by CCQ's

Amber

d) Specialist commissioners working with Somerset Partnership Trust to reopen tier 4 beds

Risk Code: SS 12 CRR

Inherent Status: High (20)

Current Status: High (16)

Last Review Date: 23/12/2014

Adult mental health services: lack of acute psychiatric bed capacity

Lack of acute psychiatric bed capacity locally and nationally is having a detrimental impact on acutely unwell people accessing hospital care increasing the risk to themselves, carers and public.

Risk Owner: Terry Grace

Accountable Officer: Sally Slade

Mitigating Control:

Amber

Commissioning arrangements under development

Green

Mental Health Concordaat agreed by peninsula partners

Risk Code: HRO 1 CRR

Inherent Status: Very high (30)

Current Status: High (15)

Last Review Date: 07/02/2015

Health and Safety

Failure to deliver our statutory service delivery duties and legal obligations in respect to health and safety requirements

Risk Owner: Margaret Bullock

Accountable Officer: None

Mitigating Control:

Green

Consultation and monitoring arrangements

Green

Devon Health and Safety Panel

Green

Devon Health, Safety and wellbeing Service

Green

Health & Safety Management Audit System

Amber

Policies, procedures and risk assessment

Green

The Annual Health Safety and Wellbeing Report

Green

Workforce Wellbeing

Risk Code: HM12 CRR

Inherent Status: High (20)

Current Status: Medium (12)

Last Review Date: 10/03/2015

Failure to maintain the A and B road network effectively leading to reduced surface life

The risk of reduced life of the A and B road surfaces is influenced by several factors including the availability of an adequate budget to carry out work and deterioration factors such as severe winters and climate change.

Risk Owner: Joe Deasy

Accountable Officer: David Whitton

Mitigating Control:

Amber

Assessment of Highway Drainage

Green

Highways Asset Strategy

Amber

Materials Selection

Amber

Re-evaluation of our approach to preventative maintenance

Risk Code: SP 1 CRR

Inherent Status: High (20)

Current Status: Medium (12)

Last Review Date: 22/12/2014

Flood Risk Management

Devon County Council became the Lead Local Flood Authority as defined by Flood and Water Management Act (FWMA) 2010 and, as a consequence, is responsible for managing the risk of local flooding from surface water run-off, groundwater and ordinary watercourses. The Act sets out a number of specific roles for the LLFA. This includes the risks associated with the obligations and expectations associated with this LLFA role, particularly in the light of the major flooding experienced in Devon in 2012 / early 2013 and the impending implementation of Schedule 3 of FWMA 2010 relating to Sustainable Drainage Systems (SuDS) [Note: no specific consideration here to the risk of flooding to DCC assets or the huge costs of responding to / recovering from flood events, particularly linked to highway flooding.]

Risk Owner: Martin Hutchings

Accountable Officer: Dave Black

Mitigating Control:

Green

Capacity of the Flood Risk Management Team

Green

Consider options for operation of Sustainable Drainage Approvals Body

Completed

Flood Risk Management Strategy / Flood Resilience Community Pathfinder project