“Scandal-prone beancounter KPMG fined £40m after staff cheat on ethics exams and get illegal tip-offs about inspections”

Perhaps one of the TiggerTories first scrutiny and audit and governance efforts should be to check on its own auditors, Grant Thornton, who have also had their share of scandals!

https://eastdevonwatch.org/2018/10/14/eddcs-auditors-grant-thornton-in-the-bad-news-spotlight-again/

https://eastdevonwatch.org/2018/08/29/grant-thornton-eddcs-past-and-present-auditor-in-record-fine-as-auditing-scandal-spreads/

“Tainted KPMG has been fined £40million because staff cheated on ethics exams and were given illegal tip-offs about inspections by regulators.

The accountancy firm was hit with the penalty in the US after the Securities and Exchange Commission uncovered a host of bad behaviour. Accountants at the firm shared the answers to internal training exams, the SEC said, including papers meant to grill them on ethics and integrity.

Staff also hacked the websites used to carry out the tests to make the pass score lower, allowing them to get through even if less than 25 per cent of answers were correct.

And senior employees at KPMG obtained confidential lists of audits being inspected by the American Public Company Accounting Oversight Board.

This information allowed them to secretly alter reports so that the firm was less likely to be found to have carried out poor-quality work.

Jay Clayton, SEC chairman, said: ‘KPMG’s ethical failures are simply unacceptable.’

Steven Peikin, of the SEC’s enforcement division, said: ‘The breadth and seriousness of the misconduct at issue here is, frankly, astonishing.

‘This settlement reflects the need to severely punish this sort of wrongdoing while putting in place measures designed to prevent its recurrence.’ “

https://www.thisismoney.co.uk/money/markets/article-7151099/KPMG-fined-40m-staff-cheat-ethics-exams-illegal-tip-offs-inspections.html

“How the Big Four accountancy firms have become guardians of greed”

“Accountancy is by ­reputation a boring ­profession. We imagine a middle-aged man in a dusty office totting up figures.

This image is just how the Big Four accountancy firms like it, not least because it hides what they really are – the handmaidens of greed, graft and crony capitalism.

Deloitte, KPMG, Ernst & Young and PricewaterhouseCoopers are supposed to be the guardians of good business but have become the pin-striped promoters of the worst corporate practices.

They signed off the accounts of the banks which collapsed, failed to raise the alarm over BHS and Carillion and helped firms avoid tax on an industrial scale.

If you want to know why capitalism has such a bad reputation you need to look at the very people supposedly responsible for policing it.

It was not always like this. When the big four started, they were simply auditors.

But the deregulation after Thatcher’s “big bang” in the 1980s saw banks turn to ever more inventive ways of making money.

They could bundle up debts and sell them on, and bet against how much money that would make.

Instead of loaning money to firms, the banks started buying them. Instead of investing, they speculated. And the accountancy firms wanted a slice of this action.

In addition to auditing, they started offering consultancy – often to the firms whose books they were meant to be checking.

Nobody seemed to care about this blatant conflict of interest… until things went wrong.

Take the collapse of Carillion, which went bust with debts of £7billion.

Ten months earlier, KPMG had given its financial statements its seal of approval.

Since 2008, KPMG had received £20.2million in fees from Carillion.

In the same period, Deloitte netted £12million and Ernst & Young £18.3million.

The real winner, though, was PwC – which banked £21.1million from Carillion and is expected to make £50million overseeing its liquidation.

MP Frank Field accused the accountancy firms of “feasting on the carcass” of the firm.

Defenders of capitalism like to claim it encourages competition but this does not appear to be the case when just four firms have a near monopoly of the market.

In the UK, they audit 341 of the 350 biggest listed companies. And why go elsewhere when you can hire firms apparently willing to sign off accounts at the stroke of a pen and bag a lucrative consultancy contract at the same time?

A PwC auditor signed off BHS’s accounts days before it was sold by Sir Philip Green after spending just two hours looking at files. An internal note suggests the worker backdated his audit and failed to gather evidence on “whether BHS was a going concern”.

Then there is Lehman Brothers, Northern Rock, HBOS – all deemed going concerns by auditors shortly before their collapse.

In 2007, PwC’s audit of Northern Rock concluded “that in our opinion there were no matters relating to the going concern … that were required to be reported to shareholders”.

The bank’s ­collapse a few months later cost the taxpayer £2billion.

PwC later said it was not the “job of the auditor to look at the business model of a business”.

The Big Four also stand accused of advising big firms and high net worth individuals on how to stash cash away in tax havens.

The Paradise Papers showed Ernst & Young helped F1 champ Lewis Ham-ilton set up an offshore structure to avoid paying tax on his private jet.

Members of the Big Four have also faced accusations of misselling, turning a blind eye to bribery and collusion in corporate fraud.

Instead of questioning such behaviour, the Government rewards them with lucrative deals. Since 2015, the four firms have bagged Government contracts worth £1billion.

The Commons Business select committee has now launched an investigation into the Big Four and whether they should be broken up.

Chair Rachel Reeves said: “The audit market is broken. The Big Four’s overwhelming market domination has failed to deliver audits which are fit for purpose.”

Regulation is so lax we have no idea how much an auditor charges or how long they spend looking at the books.

Prem Sikka, emeritus professor of accounting at the University of Essex, says reforms are needed.

“The quality is low, competition is non-existent and the regulation is poor. It is almost impossible to sue negligent regulators in this country. To this date not a single accountancy firm has been investigated, prosecuted, fined or disciplined for selling tax avoidance schemes even though some of those schemes are unlawful.”

Will the accountancy firms finally be held to account?”

https://www.mirror.co.uk/news/politics/how-big-four-accountancy-firms-13581124

“Audit sector faces inquiry as minister points to deficiencies”

Interesting to note that a large number of people in East Devon have been pointing out deficiencies in internal and external audit foy YEARS!

https://eastdevonwatch.org/2014/09/17/please-dont-take-our-external-auditor-away-why-we-like-him-and-our-ceo-wants-the-same-auditor-at-both-councils-where-he-works/

https://eastdevonwatch.org/2015/01/15/a-question-for-the-swap-internal-auditor/

https://eastdevonwatch.org/2016/11/19/external-auditors-not-best-placed-to-review-local-plan-duh/

“The government has called for a comprehensive review of Britain’s auditing industry in what could herald huge changes to a sector dominated by the firms known as the big four.

Calls for reform have grown after the collapse of the construction giant Carillion and the former high street stalwart BHS revealed serious inadequacies in the auditing process.

The business secretary, Greg Clark, said it was “right to learn the lessons and apply them without delay” as he ordered the inquiry into competition within the industry where Deloitte, PwC, Ernst & Young and KPMG audit 98% of the UK’s largest listed companies.

“The collapse of Carillion exposed deficiencies in an audit process, where the market is dominated by just four large firms,” Clark said, in an interview with the Financial Times.

He added: “We know competition is one of the key drivers for maintaining and improving standards, so I have asked the Competition and Markets Authority to consider looking again at what can be done to improve the audit sector.”

Thousands of jobs were lost following Carillion’s collapse in January, with a subsequent parliamentary report finding that Deloitte – which received £10m to be the outsourcing company’s internal auditor – had been either “unable or unwilling” to identify failings in financial controls, or “too readily ignored them”.

Ernst & Young was paid £10.8m for “six months of failed turnaround advice”. Elsewhere, PwC was fined £10m by the Financial Reporting Council (FRC) for signing off on the accounts of BHS, before its sale for £1. The retailer collapsed in 2016, prompting the loss of 11,000 jobs.

Frank Field, the chairman of the work and pensions committee, said poor business practices were “waved through by a cosy club of auditors, conflicted at every turn”.

The FRC has previously called for an inquiry into whether the big four should be broken up, with their audit divisions spun off. This year, Deloitte warned that such a measure could affect the UK’s standing as a global financial centre.

Labour welcomed the announcement, but claimed the Conservatives were “playing catch-up”. …”

https://www.theguardian.com/business/2018/sep/29/uk-mulls-audit-sector-reform-after-minister-admits-deficiencies

EDDC’s former auditors in hot water again

“Under-fire accounting giant KPMG was on Monday slapped with a £3 million fine by the industry watchdog for a “breach of ethical standards” over its audit of fashion brand Ted Baker.

The Financial Reporting Council said the firm, which admitted it was in the wrong, should not have provided expert witness services to Ted Baker in a court case while it was also handling its books in 2013 and 2014.

“This was in breach of the ethical standards and led to the loss of KPMG’s independence in respect of the audits,” the FRC said. “In addition, there was a self-interest threat arising from the fact that the fees for the expert engagement significantly exceeded the audit fees.”

The firm’s fine was reduced to £2.1 million for settling the case early, although the auditor was also landed with a £112,000 bill for costs.

Its senior auditor, Michael Barradell was fined £80,000, cut to £46,800 after he settled.

KPMG said: “Where there are lessons to be learned, we will learn them.” It added that since last year it no longer offers any expert witness work for any company it audits and stressed that the actual scrutiny of Ted Baker’s books has not been called into question. …”

Source: Evening Standard Business

EDDC’s recent external auditor facing fourth inquiry; regulator “feeble and timid”

“The accounting watchdog has launched an investigation into KPMG’s audit of Conviviality, the collapsed drinks and off-licence supplier.

It is the latest regulatory scrutiny into the Big Four firm, which is also under investigation over its audits of Carillion, Rolls-Royce and BNY Mellon.

The Financial Reporting Council has accused KPMG of an “unacceptable deterioration” in the quality of its audits and put its audits under special supervision. Last month it fined the firm £3.2 million for misconduct in its audits for Quindell, the insurance technology company. Pressure is increasing on KPMG and its competitors PWC, Deloitte and EY. Carillion and BHS shone a spotlight on the firms’ roles as both auditors and consultants to companies.

Conviviality, owner of the Bargain Booze and Wine Rack chains, collapsed into administration in April. It had been valued at more than £500 million in March but fell from grace after admitting that it had made an error in its forecasting and had found a £30 million tax bill due by the end of the month. It had 4,000 employees and 760 stores. Almost 2,000 jobs were saved when C&C acquired the wholesale business from the administrator. Bestway bought the retail business. The FRC is looking at financial statements for Conviviality in the year to the end of April 2017.

A spokesman for KPMG said: “We believe we conducted our audit appropriately. As reported by the company, it experienced margin weakness at the start of 2018 and also a significant payment to HMRC which had not been included within its short-term cash-flow projections, creating a short-term funding requirement.”

The FRC said that it would also investigate a member of the Institute of Chartered Accountants in England and Wales over the preparation and approval of Conviviality’s financial statements but did not name the individual.

This investigation comes as the FRC, the ICAEW, and the industry-backed Audit Quality Forum prepare to launch a government-backed review that will consider the effectiveness of the existing model for auditing. They are looking for an independent business leader to lead the review.

Bill Michael, who took over as head of KPMG UK in September, supports a review. “The profession needs to be re-evaluated, otherwise we run the risk of eroding trust,” he told The Times . “We can’t have a profession that isn’t trusted. It has consequences for society and the capital markets. You only need one bad apple to lose trust in the system.”

KPMG UK employs 15,000 partners and staff, 3,600 of whom work in its audit practice. Its tax consulting, deal advisory, management and risk consulting practices have grown in recent years and now employ about 7,500 staff.

The FRC is the subject of a parliament-led review which is expected to overhaul how the FRC works and shake up the accountancy profession. MPs looking at Carillion’s collapse accused regulators of being “feeble and timid”.”

Source: Times (pay wall)

“KPMG singled out in critical report on audit industry”

KPMG were, until recently, the auditors of East Devon District Council. Let’s hope that Grant Thornton (now back in the frame at EDDC) perform better – but who recalls their pitiful performance when they “investigated” the disgraced Councillor Graham Brown affair and found ….. nothing.

“KPMG, the accounting firm that signed off the books in the years leading up to Carillion’s collapse, has been singled out by the industry regulator in a report that says the overall quality of the audit profession is in decline.

The Financial Reporting Council, the watchdog for the UK’s accountants, said the profession had demonstrated a “failure to challenge management and show appropriate scepticism across their audits”.

There have been calls for the “big four” accountants – KPMG, PricewaterhouseCoopers, EY and Deloitte – to be broken up to spur competition and improve standards.

All four gave Carillion financial advice before the construction and outsourcing company failed. MPs accused the four of “feasting” on Carillion, whose finances proved far less healthy than directors had suggested.

The FRC reported a decline in the quality of the work of all four, with KPMG performing the worst. The watchdog is already investigating KPMG over its role in the collapse of Carillion and it said on Monday there had been an “unacceptable deterioration” in the quality of its work.

The FRC cited figures that showed half of KPMG’s audits of firms in the FTSE350 index had required “more than just limited” improvements, up from 35% in the previous year.

“The overall quality of the audits inspected in the year, and indeed the decline in quality over the past five years, is unacceptable and reflects badly on the action taken by the previous leadership, not just on the performance of frontline teams,” the regulator said.

“Our key concern is the extent of challenge of management and exercise of professional scepticism by audit teams, both being critical attributes of an effective audit, and more generally the inconsistent execution of audits within the firm.”

It added: “[KPMG] agrees that its efforts in recent years have not been sufficient; the FRC will hold KPMG’s new leadership to account for the success of their work to improve audit quality.” …

The FRC said it would now scrutinise KPMG more closely as a result of its findings. It will inspect 25% more KPMG audits than before and monitor the firm’s plans to improve the quality of its work.

In the FRC’s overall assessment of eight accountants, it found that 72% of audits of all firms, including those outside the FTSE350, required no more than limited improvement, down from 78% last year. While only half of KPMG’s FTSE350 audits were deemed satisfactory, rivals scored far higher, although all showed declines and fell short of the FRC’s target of 90%.

Deloitte scored 79%, down from 82% last year, EY fell from 92% to 82% and PwC was down from 90% to 84%. The four firms immediately below the big four – BDO, Mazars, GT and Moore Stephens – were told that the quality of their audits had generally improved.”

https://www.theguardian.com/business/2018/jun/18/kpmg-singled-out-in-critical-report-on-audit-industry

Auditers: can they understand mathematics let alone accounting?

KPMG audited EDDC accounts until recently.

“Accounting watchdog fined KPMG 3.2 million pounds on Monday for failings in its audit of Quindell Plc, after the legal services firm twice restated its accounts leading to heavy losses. …

The fine in Britain comes as the global network of accounting firms that make up KPMG is under pressure. It is facing an inquiry in Britain over its audit of failed outsourcer Carillion and scrutiny of its South African arm’s work for a company owned by the Gupta family.

The ‘big four’ accounting firms, including KPMG, are facing calls to break up into smaller parts from lawmakers in Britain who allege their dominance of the market means they do not sufficiently challenge clients’ claims about their accounts.

THe FRC is also investigating KPMG’s auditing of the collapsed construction and outsourcing firm Carillion.

Once close to being one of Britain’s blue chip financial firms, the AIM-listed Quindell saw its market value collapse in 2015 after regulators launched probes into its financial accounts.

Quindell, which has since been rebranded as Watchstone, is still being probed by Britain’s Serious Fraud Office and the FRC over its business and accounting practises.

KPMG’s fine was discounted from an original 4.5 million pounds and Smith’s from 120,000 pounds because they chose to settle the case, the FRC said.”

http://flip.it/K0.u3P
Source: Reuters

Privatisation and outsourcing: beware ‘delusional’ directors, blind auditors and absent regulators

“Frank Field, chairman of the Work and Pensions Committee, said: “A board of directors too busy stuffing their mouths with gold to show any concern for the welfare of their workforce or their pensioners.”

For a longer and even more critical report published after this article, see:
http://www.bbc.co.uk/news/business-44129678

“The directors of Carillion should be formally investigated after overseeing a “rotten corporate culture” and may warrant disqualification from holding boardoom roles in the future, a House of Commons inquiry has concluded.

A damning 101-page report into the collapse of the public services contractor, undertaken by the joint business and work and pensions select committees, has identified failings by regulators, the accountancy firms KMPG and Deloitte and the government, as well as the company’s directors.

The government called the Official Receiver into Carillion four months ago after banks and investors refused to support the group, which had annual turnover of £5 billion and 43,000 employees. It collapsed with £2.6 billion of pension liabilities and about £2 billion of debts with suppliers and lenders. Its demise left serious issues over the delivery of maintenance, catering and cleaning contracts in schools, hospitals and military bases.

The company blamed its financial crisis on failing construction contracts, including those to build hospitals in the West Midlands and on Merseyside, a new motorway in Scotland and developments in Doha ahead of the 2022 World Cup finals in Qatar.

The MPs’ report recommends that:

•The Insolvency Service investigate “potential breaches of duties under the Companies Act” and claims of “wrongful trading” that could lead to “action for disqualification as a director”;

•The intervention powers of the Financial Reporting Council should be beefed up and its remit be extended to company directors that are not accountants;

•The Competition and Markets Authority should investigate the Big Four accountancy firms and consider that they be broken up;

•The Prompt Payment Code for suppliers should be reviewed after Carillion’s flagrant abuse of it;

•The “Crown representative” system used to oversee large public services contractors should be reviewed after it appeared to pick up no warning signals about Carillion’s financial crisis;

•The leadership of The Pensions Regulator should be is shaken up to make sure that it takes “harsher sanctions” against companies such as Carillion that fail to properly fund their retirement schemes.

The damning report will cast a shadow on the careers of the grandees on the Carillion board: Philip Green, the former United Utilities and P&O boss who was chairman; and Keith Cochrane, the former chief executive of Weir Group who was Carillion’s senior independent director.

There were criticisms, too, of Alison Horner, Tesco’s head of personnel, over her role as chairwoman of Carillion’s executive pay committee. Senior executives Richard Howson, Richard Adam and Zafar Khan were all sharply criticised.

Mr Green, who is called “delusional” in the report, criticised the MPs’ inquiry. “The report fails to understand and accurately reflect the true, more complex picture of events,” he said.”

Source: The Times (pay wall)

Who audits the internal auditor’s external auditor?

“The auditor of wine retailer and supplier Conviviality could face questions over its role in the company’s collapse.

The Financial Reporting Council (FRC) confirmed to City A.M. that it was “looking closely at the reported accounting issues at Conviviality”.

“If the relevant threshold tests are met in relation to accountants at the company and/or its auditors a formal investigation may be opened,” a spokesperson said.

This follows two profit warnings from Conviviality last month which it said had stemmed from accounting errors.

The first was blamed on an arithmetical mistake, while the second related to an unpaid tax bill.

The company ceased trading on London’s junior market prior to the second announcement, and scrambled to form a rescue plan as its cashflow was hit.

After unsuccessful attempts to save the company with a fundraising backed by drinks giant AB InBev, the company appointed administrators early this month.

Its direct business Matthew Clark Bibendum was sold to Magners Cider owner C&C, while its retail arm which includes Bargain Booze and Wine Rack was sold to Bestway for £7.5m.

Chief executive Diana Hunter stepped down in the midst of the scandal, but she and other board members have faced criticism for a fast-paced acquisition-focused strategy.

The FRC has the power to fine auditors it finds to be substandard, though its powers are set to be reviewed by the government following concern that the bar for misconduct is set too high.”

http://www.cityam.com/284451/kpmg-could-face-questions-auditor-watchdog-after

Carillion auditors paid £40m to provide apparently “false reassurance to investors” says Parliamentary Committee

The auditors rely on calling Carillion’s dicey contracts “optimistic”!!!

“The £40 million that KPMG and Deloitte were paid as the external and internal auditors of Carillion respectively has been described as a “colossal waste of money” by MPs.

At a testy hearing of the work and pensions and business joint select committee, the reputations of audit partners at the two international accountancy firms were shredded as incredulous MPs wondered why they had not dug deeper when alarm bells seemed to be ringing around the construction contractor.

MPs heard evidence from Michelle Hinchliffe, head of audit at KPMG, Peter Meehan, the KPMG partner who audited Carillion, and Michael Jones, who led Deloitte’s internal audit service at the contractor. KPMG was paid £29 million over 19 years by Carillion, and Deloitte £11 million over an unknown period. Rachel Reeves, co-chairwoman of the committee, said: “These audits appear to be a colossal waste of time and money, fit only to provide false assurance to investors, workers and the public.”

Ms Reeves criticised Mr Meehan and Mr Jones after their respective admissions that Mr Meehan had failed to visit at-risk Carillion projects and Deloitte had missed quarterly meetings with the Carillion board’s audit committee.

“Carillion staff and investors could see the problems at the company but those responsible — auditors, regulators, and, ultimately, the directors — did nothing to stop Carillion being driven off a cliff,” she said.

Mr Meehan told MPs that for the 2014 and 2015 audits he had visited the construction project in Qatar that the former chief executive Richard Howson blamed for Carillion’s collapse. Mr Meehan did not make any subsequent visits despite knowing of the importance of the contract. Carillion claimed that it was left with £200 million of unpaid bills in Qatar. Mr Meehan repeatedly stated that despite Mr Howson’s assertions, the Qatar contract had only become a serious issue in the months after the 2016 accounts were signed off in March last year and leading up to the major profit warning of last July, which laid bare the crisis at Carillion. The auditor conceded that Qatar had been flagged as an “amber warning” at a meeting in the February before the sign-off of those accounts.

On another contract, the £350 million construction of the Royal Liverpool Hospital, Mr Meehan admitted that although he had been on previous fact-finding site visits, he had not returned despite internal revelations of major on-site issues in November 2016. He finally made a visit to the hospital last month, four days before Carillion went bust. He contested claims that Carillion’s accounting had become aggressive but said that he had told Carillion board directors that their accounting on some of the “riskier contracts” had become “optimistic”. His concerns were overruled. Despite this, he said he remained happy to sign off the accounts.

Mr Meehan said he had become aware of the enormity of the issues in Qatar in May last year, at which point “we knew a writedown was coming”.

That writedown and those on Royal Liverpool, the Midland Metropolitan in Birmingham and the £700 million Aberdeen bypass were taken on July 10, at which point Mr Howson was removed from his post. Mr Meehan said a review of contracts at that point found that in previous internal reviews, managers had been more pessimistic about the likely outcome for the contracts than the position that was reported.

The auditor said confusion was such in the Carillion boardroom that on the night before the July profit warning, directors were debating whether the writedown should be £695 million or £845 million.”

Source: The Times (pay wall)

Accountants accused of “feasting on Carillion carcass”

“MPs have accused the “big four” accountancy firms of “feasting on what was soon to become a carcass” as it emerged they banked £72m for work linked to collapsed government contractor Carillion in the years leading up to its financial failure.

Less than a fortnight before Carillion’s auditor KPMG is due to face questions from MPs on two select committees, the accountant and rivals Deloitte, EY and PricewaterhouseCoopers (PwC) submitted evidence to the inquiry.

Responses to questions from the committees revealed that the quartet of firms issued bills worth £71.6m over 10 years from 2008 for work for Carillion, its pension scheme and its government contracts.

Details of accountants’ fees emerged as more than 4,400 former Carillion staff working in prison maintenance, as well as catering and cleaning on military bases were told that they will keep their jobs.

The total number of jobs saved has now reached 6,668, more than a third of Carillion’s 19,500-strong workforce. But nearly 1,000 people have already been made redundant, while a further 11,800 staff still face an uncerttain conditions….”

https://www.theguardian.com/business/2018/feb/12/carillion-jobs-prison-defence-staff

PFI company? Don’t bother with pensions for workers – put directors first

“Carillion “wriggled out” of payments into its company pension schemes as its troubles grew, while it carried on paying shareholder dividends and bosses’ bonuses, say MPs.

The Work and Pensions Committee is questioning the way pension investments were managed at the collapsed outsourcing giant.

The schemes overall are in deficit.

But last year contributions to the pension funds were deferred until 2019, to help shore up the firm’s finances.

The committee has published a letter from Robin Ellison, chairman of trustees of Carillion’s pension scheme, giving an account of the last few years and suggesting they have been left with a funding shortfall of around £990m.

The letter shows that pension trustees were “kept in the dark” about the state of Carillion’s finances until late last year, the committee argues, and that dividends and bonuses were paid out at the expense of pension fund contributions.

On Monday, the Financial Reporting Council, the UK’s accountancy watchdog, said it would launch an investigation into KPMG’s audit of Carillion’s financial results between 2014 and 2016 as well as the work it carried out during 2017.

The FRC said the probe would “consider whether the auditor has breached any relevant requirements, in particular the ethical and technical standards for auditors”.

It will examine KPMG’s audit work on areas including estimates and recognition of revenue on significant contracts and accounting for pensions.

KPMG said it believed that “we conducted our role as Carillion’s auditor appropriately and responsibly”, adding that it would co-operate fully with the FRC’s investigation.” …

http://www.bbc.co.uk/news/business-42853895

EDDC Audit and Governance: new auditors find much to comment on

A little late, as the meeting is tomorrow, but anyone with a spare couple of hours (!) might want to spend it poring over the agenda of the Audit and Governance Committee.

A rather thorough going over after their appointment as auditors has seen KPMG out EDDC under the microscope.

Too many to list here, it has identified numerous financial and procedural weaknesses.

For quick reference the agenda is here:

Click to access 290617agcombined-agenda.pdf

and Owl found the following pages most interesting:

Pages 84-88 detailing financial weaknesses

Page 103 on weaknesses in contract Standing Orders and procurement procedures

Appendix A Risk Review – page 86

Click to access 290617bpauditgovernanceoperationalrisk.pdf

which contains this intriguing comment:

Risk: [Identified as medium BOLD type is Owl’s]

Incapacitation of all staff for protracted period re Elections

In the event that all election staff were absent for a prolonged period the Council would fail to complete the canvass, fail to publish a revised register and fail to produce accurate data and registers for elections. In the event that the Electoral Services Officer/Manager was absent for a prolonged period it is unlikely that existing staff resources would accept managerial responsibilities.”

and finally – another coruscating reminder of the Section 106 scandal

Click to access item-12-management-of-s106-contributions-report.pdf

Knowle site value plummets to £3.22 – £6.8 million depending on affordable housing requirement

It is interesting that all scenarios put to the Scrutiny, Audit and Governance and Overview Committee take no account of depreciation on the Honiton HQ.

The committees might want to request the attendance of internal and current external auditors KPMG at their joint meeting, as the relocation finance paper was, for some reason, compiled by former external auditors Grant Thornton.

Click to access 180417-a-and-g-and-s-and-overview-agenda-combined.pdf

page 10

Tell EDDC what you want Section 106 money spent on so they can ignore you and spend it on what they want!

That is, of course, if they can be bothered to collect the money ( at least £200,000 due but not invoiced when external auditors KPMG did a spot check recently:)

“New document sets out what contributions will be required for roads, affordable housing, schools and play areas

Residents are being invited to have their say on how East Devon District Council (EDDC) will require developers to pay towards infrastructure such as roads, affordable housing, schools and play areas in the future.

The new Planning Obligations Supplementary Planning Document sets out what contributions will be required for, when they will be required and how much they are likely to be.

EDDC deputy leader Councillor Andrew Moulding said: “The document applies to a large range of people from major housebuilders to individual house owners who may want to develop part of their garden.”

To comment, email localplan@eastdevon.gov.uk by January 16.

http://www.exmouthjournal.co.uk/news/east_devon_residents_invited_to_have_a_say_on_how_developer_cash_is_spent_1_4819414

Those relocation numbers STILL don’t add up (bigly) EDDC!

25 March 2015 extraordinary Meeting regarding Relocation:

Councillor Moulding emphasised the cost savings that would be achieved and highlighted key figures:

• The Knowle Site offer price agreed is £7-8m • Exmouth Town Hall modernisation will cost in the region of £1m • New Offices at Honiton will cost in the region of £7m • The Council will secure relocation in total for under £10m’

So it’s a £669,000 increase, not £408,000.

A 69% increase in costs in less than two years, without a brick being laid!

Exmouth regeneration costs – 6 times bigger than Exeter bus station!

It appears that Exeter City Council has spent “more than £500,000” on fees for its £26m bus station and leisure centre development and is getting some stick for this:

http://www.exeterexpressandecho.co.uk/council-have-spent-over-590-000-on-st-sidwell-s-point-and-exeter-bus-station-already/story-29947204-detail/story.html

What’s the fuss? EDDC has already said its costs for Exmouth regeneration (officially supposed to be developer-led and funded) will be AT LEAST £3.2 million.

Should someone be patting Exeter City Council on the back and perhaps giving EDDC some stick? And perhaps querying why the Exmouth Regeneration Board (Chair: Councillor Philip Skinner) and EDDC’s Cabinet doesn’t seem to have a handle on the expenditure.

Maybe another elector should be contacting external auditor KPMG as that seemed to get some action on the S106 crisis.

Section 106 scandal: New controls and a surprising revelation from CEO Mark Williams

S106 Funds and EDDC Audit & Governance Committee – report from an attendee:

On Thursday November 17th the Audit & Governance Committee of EDDC voted to make several changes to the Council’s finance systems which will now ensure that s106 payments will go to the local community amenities for which they are intended.

S106 payments are agreements under the Town and Country Planning Act 1990, often referred to as ‘developer contributions’ whereby developers agree to make financial contribution to the community infrastructure when they build property. These contributions are usually used to provide amenities such as playground equipment or other local projects, and usually decided with local councillors in the town or parish councils.

The recommendations to make changes in the way EDDC manages and monitors the s106 monies comes from auditors KPMG who received an objection from a local elector. KPMG mounted a financial investigation into the elector’s complaint and concluded that the council’s control systems had the following weaknesses:

1. An absence of summarised financial information to facilitate the monitoring of s106 contributions

2. Lack of challenge or enforcement of the developers’ legal obligation to provide information

3. Lack of understanding of financial and accounting implications of triggers being met and the communication between Planning and Finance over this.

EDDC Chief Executive Officer Mark Williams, at one point in the discussion, disclosed that he watches some s106 debts grow (because interest at 4%+ base rate is applied) rather than collect them when due so that the council can gain more money.

No one challenged or questioned the ethics of this as a strategy for dealing with the funds that could have gone sooner to the communities for which it is intended (or whether developers could be benefitting by delaying payments). Neither was it established whether that interest earned is applied to the s106 amenities for the community or left in the council’s general reserves.

EDDC Monitoring Officer Henry Gordon Lennox, referring to the £730,000 he had previously disclosed (through a Freedom of Information query) was owed in 2014/15 and 2015/16 for s 106 payments, interjected that the £730,000 owing had included a mistaken overstatement of £409,000. The current status of the other £321,000 was not established during the committee discussion however.

The auditors, in upholding the objection to the accounts, made Priority One recommendations to address each area of weakness because these are fundamental and material to EDDC’s systems of financial controls. The committee resolved that these should be implemented by set dates and KPMG will follow up in their next audit.

Councillors of various political parties during the discussion on this item thanked the elector for having raised the lid on this issue. Now that the previously weak system has had “a light shone on it” and addressed, the Audit & Governance Committee will be able to require regular reports on s106 monies owed and collected. They will be able to ensure that the funds are being directed to and spent on the amenities in towns and parish council communities projects for which they are intended.

Is a cost over-run of £1.1 million or £10 million more serious than a Section 106 loss of £250,000?

Owl asks because an elector successfully petitioned EDDC’s external auditor over Section 106 discrepancies. A sample found a wrongly-attributed bill of some £400,000 and an uncollected sum of around £250,000. As a result, the auditors have requested many changes in procedures:

Click to access item-12-management-of-s106-contributions-report.pdf

Now we hear at Cabinet this week that, in two years, development costs for Exmouth seafront have risen from £1.5 million to £3.2 million. Yet Cabinet apparently found this totally acceptable and, without detailed figures, nodded it through with no explanation of:

– what did the £1.5 million cover

and

– what does the extra £1.6 million cover.

Added to this, the projected cost of HQ relocation has risen from cost-neutral (zero due to sale of Knowle HQ for around £7 million) it is now said to be nearly £10 million – or at least that was figure a few months ago.

These are eye-watering numbers yet majority party councillors and auditors (internal and external) appear unconcerned.

Some scrutiny (internal and external) needed here, Owl thinks.

EDDC 2015/2016 accounts still not signed off by external auditors

Report from external auditors KPMG (page 10 of agenda papers). The auditors original statement was that they hoped to have concluded the outstanding matter by the end of October 2016. This has obviously not been possible.

We received an objection to the Authority’s financial statements from a local elector. We are currently concluding the outcome of our work on the matters raised and, until this is completed, we are unable to issue our certificate. Once issued, the certificate will confirm that we have concluded the audit for 2015/16 in accordance with the requirements of the Local Audit & Accountability Act 2014 and the Code of Audit Practice.
We will report separately on the outcome of the objection to the Authority’s Audit & Governance Committee.”

The matter is now pushed on to the next Audit and Governance Committees on 5 January 2017. (page 42 of agenda):

Click to access 171116combined-a-and-gagenda.pdf