4. Exercise of specific powers and duties of local government auditors
4.1 This section covers additional requirements relating to how auditors fulfil their functions relating to electors’ questions and objections and the other specific powers and duties of local government auditors. This includes:
- objections at audit;
- cost of objections at audit work;
- communications with objectors
- public interest reports
- advisory notices; and
- judicial review.
4.2 The NAO has issued guidance to auditors on exercising statutory functions in AGN04 Auditors’ additional powers and duties’ and AGN07 ‘Auditor Reporting’. AGNs set out guidance from the Comptroller and Auditor General to which local auditors must have regard to under s20(6) of the Act.
Objections at audit
4.3 Audited Bodies’ expectation is that auditors should determine objections within nine months from the date of the decision to accept a notice of objection that meets statutory requirements. Auditors should inform PSAA as soon as they have accepted a notice of objection. Firms should provide updates on the progress of dealing with objections on a monthly basis. The initial notification, updates and the outcome should be emailed to PSAA via auditregulation@psaa.co.uk.
4.4 For the avoidance of doubt there is a distinction between objections received but not accepted (e.g. because they are not eligible) where auditors are not required to inform PSAA and those objections accepted but not considered under s27(4) where auditors are required to inform PSAA. Step 2 of AGN04 provides guidance to auditors on the process of determining whether to consider an eligible objection and the risks that derive from significant delays occurring between the receipt of an eligible objection and the auditor’s decision as to whether it is accepted for consideration.
4.5 All firms are required to have systems and processes in place to provide support to their staff in dealing with objections.
4.6 PSAA does not provide advice to firms on the exercise of the statutory powers and duties of local auditors and it is for each firm to take its own legal advice as necessary.
4.7 PSAA may share summarised information on auditors’ use of statutory powers and duties with the NAO.
Cost of objections at audit work
4.8 Fees for the auditor’s consideration of objections, from the point at which they accept an objection that meets statutory requirements, will be charged in addition to any previously agreed variation to the scale fee. The fee variation process is set out in paragraphs 5.8 and 5.9. Auditors should notify audited bodies of related fees as soon as practicable.
Communications with objectors
4.9 Where an auditor determines not to consider an eligible objection under s27(4) of the Local Audit and Accountability Act 2014 (2014 Act), then the auditor should provide written reasons for the decision to the objector (AGN 04 paragraph 37), including where requested to do so by the objector in accordance with s28(3) of the 2014 Act.
4.10 Where an auditor has considered an objection under s27(1) of the 2014 Act and has determined not to apply for a declaration that an item of account is unlawful under s28 of the 2014 Act, then the auditor should provide written reasons for the decision to the objector (AGN 04 paragraph 52).
4.11 Where an Auditor has considered an objection under s27(1) of the 2014 Act, but determines not to issue a PIR, then the auditor should write to the objector informing them of the reasons for the decision (AGN 04 paragraph 52).
4.12 These communications are commonly referred to as ‘statements of reasons’.
4.13 Before issuing ‘a statement of reasons’ for a decision, a copy of the draft should be submitted to PSAA via the ‘audit issues’ survey on Outreach. PSAA will respond with any comments on the draft report within two weeks.
4.14 Auditors must notify PSAA when sending a final version of the ‘statement of reasons’ via the ‘audit issues’ survey on Outreach.
4.15 Firms should redact personal information when sending copies of communications with objectors to PSAA.
Public Interest Reports and written recommendations
4.16 Draft Public Interest Reports (PIRs) and written recommendations issued under s24 and Schedule 7 of the 2014 Act must be submitted to PSAA as soon as local consultation allows via the ‘audit issues’ survey on Outreach.
4.17 PSAA will respond with any comments on the draft report or recommendations within two weeks.
4.18 Final reports and recommendations must be submitted to PSAA at the same time as they are issued. Auditors should log these documents via the ‘audit issues’ survey on Outreach.
4.19 Auditors should send final versions of PIRs and Schedule 7 recommendations to the Secretary of State at the same time as they are issued:
4.20 For local government bodies, auditors should send final versions of PIRs and Schedule 7 recommendations to the following Ministry of Housing, Communities and Local Government (MHCLG) email address at the same time as they are issued: localaudit@communities.gsi.gov.uk.
4.21 For police bodies the relevant Secretary of State is the Home Secretary. The Home Office has confirmed that auditors will comply with the requirement under the Act to notify the Secretary of State by sending final versions of PIRs and statutory recommendations to the following email address at the same time as they are issued: PoliceResourcesPolicy@homeoffice.gsi.gov.uk.
4.22 For combined fire and rescue authorities, the relevant Secretary of State is the Home Secretary. The Home Office has confirmed that auditors will comply with the requirement under the Act to notify the Secretary of State by sending final versions of PIRs and statutory recommendations to the following email address at the same time as they are issued: firefundingpolicyteam@homeoffice.gsi.gov.uk.
4.23 For county fire and rescue services, auditors are requested also to send the PIRs and statutory recommendations to copy MHCLG at localaudit@communities.gsi.gov.uk.
4.24 Under the 2014 Act, in addition to the auditor’s powers to report in the public interest, apply to the court for a declaration that an item of account is unlawful, or to make statutory recommendations under Schedule 7, the auditor may make a recommendation under s27(6) of the Act.
4.25 These are often referred to as non-statutory recommendations. Recommendations made under s27(6) do not impose requirements on audited bodies for public consideration and response. Auditors do not have to send s27(6) recommendations to PSAA.
Advisory notices
4.26 If the Auditor thinks that an authority (or an officer of an authority) has made or is about to make a decision which would involve the authority incurring unlawful expenditure, taking action which is unlawful and likely to cause a loss or deficiency, or entering an unlawful item of account, then an advisory notice under s29 of the 2014 Act can be issued.
4.27 If an auditor is considering issuing an advisory notice (and associated statement of reasons) then they must notify PSAA via auditregulation@psaa.co.uk in order that arrangements for PSAA to comment on a timely basis can be made.
4.28 Before issuing an advisory notice (and associated statement of reasons), a copy of the draft should be submitted to PSAA via the ‘audit issues’ survey on Outreach. PSAA will respond with any comments in accordance with paragraph 4.25.
4.29 Auditors must notify PSAA when issuing an advisory notice (and associated statement of reasons) via the ‘audit issues’ survey on Outreach.
Judicial review
4.30 Under s31 of the 2014 Act Auditors may make an application for judicial review of a decision of an authority, or of a failure by that authority to act, which it is reasonable to believe would have an effect on the accounts of that that body.
4.31 Auditors must notify PSAA before applying for a judicial review under s31(1) of the 2014 Act. A copy of the draft application should be submitted to PSAA via the ‘audit issues’ survey on Outreach. PSAA will respond with any comments on the draft application within two weeks.
4.32 Auditors must notify PSAA when applying for a judicial review via the ‘audit issues’ survey on Outreach