Agenda, decisions and minutes

At this point Members are asked to declare any personal or prejudicial interests they may have in the business on the agenda.

The Executive Member was invited to declare at this point in the meeting any personal or prejudicial interests he might have in the business on the agenda.  None were declared.

To approve and sign the minutes of the Decision Session of the Executive Member for Corporate Services held on 16 February 2010.

RESOLVED:That the minutes of the meeting held on 16 February 2010 be approved and signed by the Executive Member as a correct record.

At this point in the meeting, members of the public who have registered their wish to speak at the meeting can do so.  The deadline for registering is 5.00 pm on Monday 8 March 2010.

It was reported that there had been no registrations to speak under the council’s Public Participation Scheme.

This report seeks approval for the adoption of revised counter fraud and corruption, and counter fraud and corruption prosecution policies for the council.

RESOLVED:That the council’s “Counter Fraud and Corruption Policy” and “Fraud and Corruption Prosecution Policy”, as detailed in Annexes 1 and 2 of the report, be approved subject to the following amendments to the “Fraud and Corruption Prosecution Policy:

·        Paragraph 4.3 to read “…then the offender will not normally be prosecuted…”

·        Paragraph 4.5 first bullet point to read “inability to complete the investigation within a reasonable period of time…”

·        Paragraph 4.5 additional bullet point to be inserted as follows “circumstances beyond our control make a prosecution unattainable”

·        Paragraph 6.2 second bullet point to read “…then prosecution proceedings will normally be instigated”

REASON:      To ensure that up to date counter fraud procedures and policies are maintained.

The Executive Member received a report that sought approval for the adoption of revised counter fraud and counter fraud and corruption prosecution policies for the council.  The policies had last been updated in April 2008 and minor changes were now required to update them, and to take into account changes to service arrangements.  The Audit and Governance Committee had been consulted on the revised policies.

The Executive Member asked officers about the way in which the council handled cases where the perpetrator and/or their partner was suffering from prolonged ill health or had a serious disability or other incapacity.  Officers confirmed that each case was considered on an individual basis and action was taken to recover overpayments.  It was, however, not usual to prosecute in these circumstances.

Referring to paragraph 4.5, officers were asked to clarify the circumstances in which resources played a factor in whether or not to prosecute an offender.  They explained that such cases usually involved the DWP or other partners and generally related to the length of time taken to carry out an investigation.     

RESOLVED:That the council’s “Counter Fraud and Corruption Policy” and “Fraud and Corruption Prosecution Policy”, as detailed in Annexes 1 and 2 of the report, be approved subject to the following amendments to the “Fraud and Corruption Prosecution Policy:

·        Paragraph 4.3 to read “…then the offender will not normally be prosecuted…”

·        Paragraph 4.5 first bullet point to read “inability to complete the investigation within a reasonable period of time…”

·        Paragraph 4.5 additional bullet point to be inserted as follows “circumstances beyond our control make a prosecution unattainable”

·        Paragraph 6.2 second bullet point to read “…then prosecution proceedings will normally be instigated”

REASON:      To ensure that up to date counter fraud procedures and policies are maintained.