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12 September 2007: Trustees MeetingMinutes of the meeting of the Trustees of the Independent Living (Extension) Fund and the Independent Living (1993) Fund held on Wednesday, 12 September 2007. The meeting commenced at 12.45 pm
Present: Stephen Jack (Chairman)
In attendance: Yogi Amin None.
1.1 Declaration of possible Conflicts of Interest or Loyalty All Trustees confirmed that no issues had been identified. 2 Minutes of the meeting held 11 July 2007
The minutes of the last meeting held on 11 July 2007 were accepted 3 Matters Arising 3.1 Budget Deficit Position The details of the discussion are at Appendix 1. 3.2 Review recommendations The Chairman said that Trustees would be discussing the recommendations and the strategic direction and would forward their views to DWP. 3.3 Open Meeting The Chairman said that Trustees had decided to postpone the open meeting in November until the spring of 2008 due to competing priorities. 3.4 November Trustees’ meeting Sharon Foster-King (DWP) said that the Minister would be attending the meeting in November to discuss issues relating to funding and the Review recommendations. Outcome: Information 4 Outstanding Action Points The Chief Executive presented the report to Trustees. She explained that all action points were progressing and that all target dates, with the exception of the lease discussions, were still on track. Outcome: Information 5 Chairman’s Issues The Chairman commented that Trustees were pleased with the progress on the issue of their remuneration. Trustees’ training needs were ongoing through discussion with the Chief Executive. Outcome: Information 6 Finance 6.1 Grant In Aid and Benefit Forecast The Finance and Corporate Services Director presented the paper to Trustees. He explained that the Forecast was updated with data to 14 August. He said that GB expenditure for 2007/08 is estimated at £298m compared with Grant in Aid for the year of £288.4m. The funding shortfall of £9.6m is less than the £10.5m advised in July 07. However, the forecast for 08/09 and 09/10 exceeds indicative funding by £27.3m and £41.7m respectively. He said that DSD (NI) funding for 07/08 and indicative funding for the next three years continues to meet estimated expenditure. The Finance and Corporate Services Director said a detailed report would be presented at the October meeting on the new financial position. Outcome: Information 6.2 Update on Dialogue with LA’s The Chief Executive said that Norman Cockett (DWP) would be reviewing the proposed document to be sent to LA’s Trustees agreed now that the budget position had been clarified the document would need some amendment. It was agreed to discuss this issue further outside the meeting. Outcome: Information 7 Strategy 7.1 ILF Review Issues Log
It was agreed that Trustees would call an extra meeting to discuss this further. 7.2 Employer Support The Strategic Policy Director presented the paper to Trustees. He said that last year Trustees agreed to look at a project focussed on improving policy on employer support for users. Consultation with users had taken place to ensure their views have been taken into consideration within the process. This has resulted in a number of key recommendations being made for Trustees’ consideration. He said that there were 22 recommendations, 5 of which set an agenda for further work, some had cost implications and others could be considered at no extra cost. Trustees agreed to look at the proposals which would not create extra costs at this point and would look at the other options within their wider strategic discussions on budget planning. The Strategic Policy Director gave an overview of the following policy proposals: Payroll – The current maximum we can pay is £12 per week. It was proposed that the policy should say that consideration may can be given on an individual basis for higher amounts. This should alleviate some of the concerns raised in the Review on the level of funding offered for payroll. Outcome: Decision - Trustees approved the recommendation. Bank Holidays – It was proposed that the current approach to allow extra monies to be paid for bank holiday periods should be formally included within a policy statement. This has no additional cost implication. Outcome: Decision -Trustees approved the recommendation. Legal Costs – It was proposed that the ILF continue to consider legal costs on an individual basis; such requests would be referred to Trustees. The cost implication was considered low. Outcome: Decision - Trustees discussed this and approved the recommendation. Employers Liability Insurance – It was proposed to retain the current policy of meeting requests for reimbursement of the premiums for ELI. The Chairman commented on the issue of having ELI for those engaged on a self employed basis. Sharon Foster-King (DWP) commented that they would like to discuss the cost implications of some of the recommendations further outside the meeting.
Outcome: The Strategic Policy Director said that he would look into the proposal on ELI further. 8 Performance 8.1 Strategic Performance Dashboard Apr 07 – Jun 07 The Finance and Corporate Services Director presented the report to Trustees. He explained that the main Dashboard presented was for performance April to June 07. Comparative results for January – March 07 and 2006-07 annual results were also shown. He commented that there had been some changes agreed including higher targets. The measure for User Satisfaction is to be introduced during the year. Outcome: Trustees approved the report. 9 Governance 9.1 Annual Review Report The Chief Executive presented the report to Trustees. She explained that it was in similar format to last year however it was planned to review the format for the 2008 report. Page 9, which showed performance, was discussed to outline the issues in finding a way to produce this information in a way that was suitable for an external reader. The Chairman commented on some suggested wording in the report and said overall it was a striking and positive document. Outcome Decision - Trustees approved the report. 9.2 Revised Health and Safety Policy The Finance and Corporate Services Director presented the policy to Trustees. He explained that it was now up to date with legislative requirements. There had been changes in some wording which had been discussed and agreed with the union representatives, PCS. Outcome Decision - Trustees approved the policy for the Chairman to sign after the meeting. 9.3 Minutes of the Audit Committee Meetings 9 May, 19 June and 10 July 2007 The Chairman of the Audit Committee gave an overview of the minutes. He said that they had received a good internal audit report and the IT Security work was still ongoing. Trustees noted the minutes. Outcome: Information 9.4 Terms Of Reference Audit Committee The Chief Executive presented the paper to Trustees, explaining that revisions had been made for 2006 to ensure good practice as an NDPB. The Audit Committee had already agreed the TOR for approval by the full board. Outcome: Trustees approved the TOR of the Audit Committee for the Chairman to sign after the meeting. 9.5 Terms Of Reference Human Resources (HR) Committee Sally Sparrow (Chairman of the HR Committee) explained that Trustees had already decided that the Senior Salaries committee should expand its remit to become a general Human Resources Committee. The Audit Committee had already agreed the TOR for approval by the full board. Outcome: Trustees approved the TOR for the Human Resources Committee for the Chairman to sign after the meeting. 9.6 Report on Governance year end March 07
The Chairman of the Audit Committee presented the report to Trustees. He said that it showed work carried out during the year in relation to the NDPB status and the New Deed and said that it was a satisfactory report. The Chairman of Trustees said he had noted the report and that Trustees had a high degree of confidence in the Audit Committee process. He commented on the Internal and External Audit opinions and the high level of assurance given. He said that the Trustees placed a great deal of confidence in the Chief Executive and her team. He also thanked the Audit Committee for all their work. Outcome: Information 9.7 Accounts 2006/07 The Chairman of the Audit Committee reported that the Audit Committee had met before this main board meeting to review the final version of the Accounts for both Funds. He said that NAO had confirmed in writing that an unqualified audit opinion would be provided in respect of the Funds’ Accounts. The Finance and Corporate Services said that there had been a late amendment in respect of the pension information given on page 19 in the remuneration report. The Chairman of the Audit Committee formally recommended the Accounts to Trustees. Outcome - Trustees approved the Reports and Accounts for both Funds for the year ended 31 March 2007 and authorised them for issue. It was noted that the Chief Executive would sign the documents as Accounting Officer. It was agreed that the Chairman, Vice Chairman and Treasurer would sign on behalf of Trustees. 9.8 Management Statement for the Extension / 1993 Funds The content was the same as that for the 2006 Fund discussed and agreed at the 2006 Fund meeting earlier in the day. Outcome: Trustees agreed to sign the document at the end of the meeting 9.9 Conditions Of Grant Agreement (COGA) for the Extension/ 1993 Funds The content was the same as that for the 2006 Fund discussed and agreed at the 2006 Fund meeting earlier in the day. Outcome: Trustees agreed to sign the document at the end of the meeting 10 AOB 10.1 Date of Next Meeting Trustees agreed an extra meeting on Tuesday, 9 October 2007, venue to be arranged to discuss strategic issues further. Date of next scheduled meeting would be Wednesday 10 October 2007. 10.1 DWP The Chairman said that it was Sharon Foster-King’s (DWP) last meeting and on behalf of Trustees thanked her for her assistance and wished her well for the future. Sharon Foster-King (DWP) said she would like to express her appreciation to Trustees and staff at the Funds for their co-operation. There being no further business the meeting closed at 14:20 hrs.
11 Section 36 of the FOIA In the opinion of the qualified person appointed in respect of the ILF, disclosure of the information would or would be likely to prejudice the effective conduct of public affairs. The ILF is in the process of considering the information, and the disclosure of such information at this point would prejudice such considerations and hinder free and frank discussions between ILF, its advisers and officials. The public interest test has been applied and it is considered that the public interest in disclosing such information is outweighed by the public interest in not disclosing it. Section 43 of the FOIA It is not in the commercial interests of the ILF to disclose the information at this time as the ILF is still in discussions with its advisers and officials in respect of the information. The ILF has applied the public interest test and has decided that to disclose the information at this time will be to the detriment of the ILF and, ultimately, to the public interest in terms of hindering the free and frank discussions at this time.
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