Governance and Audit Committee Annual Report 2024/25
RESOLVED: - That two minor changes be made to the Annual Report of the Governance & Audit Committee 2024/25; - That the Annual Report be approved.
Sut mae'r cyngor ei hun yn cael ei redeg: ei gyfansoddiad, staff, adeiladau, TG, cwynion, a sut mae cynghorwyr yn ymddwyn.
Mae'r Cyngor llawn yn cytuno ar y cyfansoddiad. Mae pwyllgor safonau'n delio ag ymddygiad cynghorwyr; mae Ombwdsmon Gwasanaethau Cyhoeddus Cymru yn ymchwilio i gwynion.
Cwynwch i'r cyngor yn gyntaf; os nad ydych yn fodlon, gallwch fynd at yr Ombwdsmon. Mae cyfarfodydd y cyngor yn gyhoeddus, ac mae llawer yn cael eu darlledu.
| Cyngor | Eitemau | Gyda phenderfyniad |
|---|---|---|
| Bro Morgannwg | 233 | 79 |
| Abertawe | 112 | 2 |
| Caerdydd | 77 | 63 |
| Castell-nedd Port Talbot | 15 | 1 |
| Gwynedd | 13 | 0 |
| Blaenau Gwent | 12 | 11 |
| Sir Gâr | 7 | 4 |
| Ceredigion | 6 | 3 |
| Sir Fynwy | 5 | 1 |
| Powys | 5 | 0 |
| Casnewydd | 3 | 0 |
| Pen-y-bont ar Ogwr | 3 | 0 |
RESOLVED: - That two minor changes be made to the Annual Report of the Governance & Audit Committee 2024/25; - That the Annual Report be approved.
RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that a complaint had been received stating that he behaved inappropriately and used offensive language with a passenger. Addressing the Sub Committee, the witness recalled that she had booked an Uber because she was late for work when the trains were cancelled. She got into the taxi and found the driver to be chatty, which she didn’t mind. The driver mentioned having a sore neck and asked her to rub his head, resting it on the seat, and then he then made a reference to an explicit bumper sticker, making her feel very uncomfortable. She wanted to leave the vehicle but couldn’t because she was on the way to work. The interaction left her feeling intimidated and uncomfortable. After getting home and having had time to reflect on it, she decided to make a complaint. Responding to questions from the Sub Committee, the witness clarified that she was sat in the back left passenger seat, and that the driver rested his head on the headrest of the seat in front of her. She also clarified that she had made the complaint either the next day or the day after that. Addressing the Sub Committee, the driver disputed that he had put his head on the seat, and suggested that the passenger could have easily left the car if she had wanted to. The witness responded that she wished she had left there and then, but she had to get to work. The driver acknowledged that he had mentioned a bumper sticker, but emphasised that this was in reference to a TV program. The driver suggested that the witness had made the complaint in order to get a refund from Uber. The witness responded that she had not asked for her fare to be reimbursed at any point, and it had not been. The driver’s representative emphasised that the driver had a very high Uber rating and no history of previous complaints. RESOLVED – that the driver receive a written warning. (2) Application 2 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that a complaint had been received from South Wales Police stating he had admitted committing three speeding offences and falsely completing the Notice of Intended Prosecution (NIP) form indicating that other persons had committed the offences. The complaint also alleged that the driver was suspected of falsely completing NIPs in respect of seven speeding offences in a previous taxi owned by him and licensed by Cardiff Council. Addressing the Sub Committee on behalf of South Wales Police, the witness stated that he was made aware in January of three outstanding speeding offences involving a car owned by the driver, and suspicions around the validity of nominations made in relation to speeding offences. All three offences had taken place in December 2024, and in each case an NIP was sent to the owner of the vehicle asking him to identify the driver. Each form was returned with a different name, with addresses in Southampton and Romsey. The witness explained that none of the names provided, assuming they were real people, were insured either on the vehicle or as licensed taxi drivers. They had challenged the owner, who then named his wife as being responsible for the offences. She was also neither insured on it nor a licensed taxi driver. The driver then admitted to giving false details and to being the driver of the vehicle on each of the occasions. The witness added that they had looked at other vehicles the individual had owned, and found seven separate offences dating back to 2019, with details provided for seven different men living all across England. Due to procedural problems in the central ticketing office, he had avoided prosecution by giving false details. The driver was now on 9 penalty points and three more offences had come to light which would go to court. Members queried the further offences mentioned by the witness, and heard that the driver had committed three speeding offences of May of this year, all in his taxi. Members asked whether the police were pursuing any other action outside of the Sub Committee. The witness explained that there were some time constraints, as they had to take action within six months. There was a case for prosecution for perverting the course of justice, but it was not clear that there was value in taking it further as he was likely to lose his licence anyway due to totting up points. Addressing the Sub Committee, the driver stated that he had been driving taxis for 20 years and not had a complaint until now. His son added that while he could not deny the facts of the hearing, he hoped that Members would take into account that his father was a hardworking man who provided for his children. It was a pressured and difficult job and it was only human to make mistakes. The driver added that the three recent offences were all due to the speed limit changing from 40mph to 30mph on Western Avenue, which he hadn’t noticed. The witness clarified that the speed limit had changed there several years ago, though there had been a new camera added recently. The driver suggested that when the police spoke to him, they suggested that if he accepted the points it wouldn’t go any further, so he took the 9 points and a fine. The witness disputed that he had been misleading, and added that the police had sent him a letter explaining the results of their investigation. They could have prosecuted him for perverting the course of justice, but chose to take a different approach. The driver had lied consistently, including naming his wife when it was discovered that the other named drivers weren’t real. The driver’s son reiterated that his father was a respectful, experienced and empathetic person who went the extra mile for his customers, and asked for leniency in this case. He had lied to try and protect his livelihood but understood that this was wrong. RESOLVED – that the Hackney Carriage / Private Hire Driver’s Licence be revoked. (3) Application 3 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had nine penalty points on his driving licence. Addressing the Sub Committee, the driver stated that he had collected nine points on his licence after not noticing a variable speed limit, and he didn’t realise he had committed them until he was notified. Three of the points would expire in October. Responding to questions from the Sub Committee, he explained that he didn’t initially know that he had to declare the penalty points to the council, but then his brother, who was also a taxi driver, told him that he did. RESOLVED – that the driver receive an advice letter. (4) Application 4 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had nine penalty points on his driving licence. Addressing the Sub Committee, the driver explained that he had been driving since 2005 in Cardiff with no issues until very recently. He had made several mistakes when speed limits had changed and he hadn’t realised. One instance was on Western Avenue right after the change, and he was clocked at 36mph when the limit had just changed from 40 to 30. Another was for going at 29mph in a 20 which he thought was a 30, and the last one was on Manor Way, which he thought was a 40 but was actually a 30. Members asked why he had only declared this now. The driver responded that he didn’t know that he needed to tell the authority until renewal, but he knew now. RESOLVED – that the driver receive an advice letter. (5) Application 5 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had six penalty points on his driving licence for failing to give information as to the identity of the driver (MS90) and failed to disclose the pending prosecution on his renewal application form. Addressing the Sub Committee, the driver stated that he had made a mistake on his renewal form in March, because he hadn’t been notified by the court at that point of his pending prosecution. He now had six points on his licence. Members queried the circumstances of his prosecution, and heard that the driver had been caught speeding in Newport. He was given three points and sent a form confirming the identity of the driver. He filled the form in and sent it back but they never received it, so he got a further three points. He did not receive any documents from the court about it and did not attend. The driver added that he did not have an excuse, only that he had a lot going at the time as his brother had recently passed away. He believed that he may have put the wrong address on the letter and that was why they never received it. RESOLVED – that the driver receive a written warning. (6) Application 6 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s License given that he had nine penalty points on his driving licence. Addressing the Sub Committee, the driver explained that there had been three offences, one of which was on the motorway. The second one was a recently changed speed limit on Western Avenue which he wasn’t aware of until he’d been caught out, and the third was late at night, he was rushing to get home to his wife who wasn’t well, and went at 26mph in a 20 zone. Taxi driving was his livelihood and he needed to support his wife and children. Members queried the circumstances of his fine. The Legal Officer clarified that the first two would have been fixed penalties and then the third one went to court. Members asked why it had taken so long for the driver to notify the council. The driver acknowledged that he had done that too late and should not have waited until renewal. RESOLVED – that the driver receive an advice letter. (7) Application 7 The Sub Committee was asked to consider an application for a Hackney Carriage / Private Hire Driver’s License given that he had a motoring conviction contrary to the guidance. Addressing the Sub Committee, the driver explained that he had six points on his licence due to failing to identify the driver of a vehicle when requested. He had been on holiday and let a friend use his car, who was caught speeding in a 50mph zone on the motorway. He received a letter about this and explained he wasn’t driving the vehicle, and gave his friend’s details. He clarified that his friend had been insured to drive the car. After some time, he received another letter asking whether he had given permission to drive the car, but he didn’t see this letter because he lived in a shared house and someone else moved it. By the time he realised this, it was too late and he was fined more than a thousand pounds for failing to give information, as the registered keeper of the vehicle. He had decided not to appeal against the court’s decision, and had his licence revoked as he had been driving for less than a year. Since then, he had retaken the theory and practical test and got a new licence. RESOLVED – that the application for a Hackney Carriage / Private Hire Driver’s Licence be granted.
RESOLVED – T H A T the draft Internal Audit Strategy (Appendix A) and draft Annual Risk Based Audit Plan for 2025-26 (Appendix B) be approved. Reason for decision Having regard to the contents of the report and discussions at the meeting.
RESOLVED – (1) T H A T the response to Cabinet’s resolutions following consideration for referred comments from the Governance and Audit Committee (Annex B), be noted. (2) T H A T Quarter 4 position of corporate risks (April 2024-March 2025) outlined in the Risk Summary report (Annex A), be noted. (3) T H A T the comments of the Governance and Audit Committee be referred to Cabinet for its consideration. The comments relating to the following: • Concern regarding the risks associated with the delivery of major regeneration projects such as Barry Marina. • Issues regarding the Cardiff Region City Deal and the impact of the legal settlement relating to Aberthaw power station. • Contract over runs and over spends for some projects where the costs had doubled from initial estimates. Reason for decisions (1-3) Having regard to the contents of the report and discussions at the meeting.
RESOLVED – T H A T the views of the Governance and Audit Committee in relation to the policy be referred to Cabinet. The comments relating to the following: • For further clarity to be added in relation to the regularity of complaints being reported to the Strategic Leadership Team which would be on a quarterly basis rather than six monthly. • That narrative be included to outline within the policy how the Council would learn from complaints received. • For narrative to be included within the policy to outline what was a complaint and how the Council would address identified areas for improvement. Reason for decision Having regard to the contents of the report and discussions at the meeting.
RESOLVED – (1) T H A T the contents of the Vale of Glamorgan Council’s Annual Audit Summary 2024 report, be noted. (2) T H A T a comments of the Governance and Audit Committee be referred to Cabinet for its consideration. The comments relating to the following: • Concern in regard to the delays around the finalisation of the accounts for the Cardiff Region City Deal, which also impacted upon the finalisations of the statement of accounts for the Vale of Glamorgan Council. No. (3) T H A T the Chair of the Governance and Audit Committee writes to the Auditor General for Wales to express the Committee’s concern of the delays in finalisation the accounts for the Cardiff Region City Deal, which should be produced in a more timely manner. Reasons for decisions (1&2) Having regard to the contents of the report and discussions at the meeting. (3) To express concerns to the Auditor General of the delays in finalising accounts for the Cardiff Region City Deal.
RESOLVED – T H A T the Regional Internal Audit Service Charter for 2025-26 as attached at Appendix A be approved. Reason for decision Having regard to the contents of the report and discussions at the meeting.
RESOLVED – (1) T H A T the findings from Audit Wales’ examination of the extent of the Council’s application of the sustainable development principle in setting its well-being objectives, be noted. (2) T H A T report be referred to Cabinet for its oversight. Reason for decisions (1&2) Having regard to the contents of the report and discussions at the meeting.
RESOLVED – (1) T H A T the contents of the report be noted. (2) T H A T the report be referred to Cabinet for its oversight. Reason for decisions (1&2) Having regard to the contents of the report and discussions at the meeting.
RESOLVED – (1) T H A T the contents of the report be noted. (2) T H A T the report be referred to Cabinet for its oversight. No. Reason for decisions (1&2) Having regard to the contents of the report and discussions at the meeting.
RESOLVED – (1) T H A T the Annual Internal Audit Report for the 2024-25 financial year including the Head of Internal Audit’s Annual Opinion on the adequacy and effectiveness of the Council’s framework of governance, risk management and internal control contents of the report and the progress made against the Internal Audit Risk Based Plan 2024/25 be noted. (2) T H A T the staff of the Audit Team be congratulated for their hard work and for congratulations be sent to those staff members that have completed their qualifications. Reason for decisions (1&2) Having regard to the contents of the report and discussions at the meeting.
RESOLVED: The committee approved the annual return and authorised the chair to sign on their behalf, with the return to be submitted to Audit Wales for external audit.
RESOLVED – That the following matters be dealt with as indicated: (1) Application 1 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that he had declared nine penalty points on his driving licence. Addressing the Sub Committee, the driver explained that he had informed the licensing authority when he received the last three points on his driving licence. Each of the offences was for exceeding the limit in a 20mph or 30mph zone, when he hadn’t realised there were new cameras were in place on roads he often drove on. RESOLVED – that the driver receive a written warning. (2) Application 2 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that he had declared nine penalty points on his driving licence. Cllr Michael declared an interest as he knew the driver personally, and did not take part in the hearing. Addressing the Sub Committee, the driver explained that each of the offences had taken place about two years ago, and involved going at 33 or 34 in a 30mph zone. He had been working late at night and gone slightly over the limit while being distracted by difficult customers. RESOLVED – that the driver receive a written warning. (3) Application 3 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that he had nine penalty points on his driving licence but did not disclose it until three penalty points had expired. Addressing the Sub Committee, the driver explained that he had notified the authority when he committed two speeding offences on the same day, totalling six points. He emphasised that he had not been driving dangerously, but had gone slightly over a temporary 40mph limit on a road that was normally 50mph. Before then, he had one other speeding offence where the three points had expired in January. RESOLVED – that the driver receive a written warning. (4) Application 4 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that the driver had twelve penalty points on his driving licence and was disqualified for driving for six months. Addressing the Sub Committee, the driver apologised for his actions, which included driving at 26mph in a 20mph zone on a road he was unfamiliar with. He wasn’t in his taxi at the time, so there were no passengers. He recognised the importance of the road traffic rules and the expectations on taxi drivers, and was committed to learning more about different routes and speed zones in Cardiff. The Sub Committee queried the circumstances of an MS90 offence where he had been convicted of failing to give information as to the identity of the driver. The driver explained that he hadn’t been in the country at the time as he was on holiday. The letter requesting the information had gone to an old address where his family no longer lived. Members asked whether he had showed evidence to the court that he wasn’t in the country at the time of the offence. The driver said he had, along with evidence of the incorrect address. He wasn’t represented by a solicitor and accepted a fine which he was still paying. He had appealed the decision, but the fine and six month ban remained in place. The Legal Officer suggested that the driver must not have attended court, because the £660 fine was a Band C fine on an assumed income. The driver confirmed that this was correct. Members asked whether he was driving the car that led to the MS90 offence. The driver responded that it was a rental, and the company he rented it from took it back when he went away. Members asked whether the driver had contacted that company to say that it wasn’t him driving. The driver responded that he had not, because he lost contact with them. RESOLVED – that the Hackney Carriage / Private Hire Driver’s License be revoked. (5) Application 5 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that the driver had a previous conviction for possessing an offensive weapon in a private place. Addressing the Sub Committee, the driver explained that many years ago he had bought a replica of a weapon from an Assassin’s Creed game from a souvenir shop. The law had then changed to make items that resembled offensive weapons illegal. He wasn’t aware of that at the time, and the item had been legal at the time of purchase. In 2023, there had been an incident on his street which the police came to talk to him about, not related to the item. The police saw it on display in his house and confiscated it, leading to him being charged. There was no suggestion that he had tried to use it or threatened anyone, only that he had been in possession of it. He added that he had been driving taxis for sixteen years and working for Uber for eight years without any complaints, and had a very high star rating. Members asked what the item looked like. The driver explained that it was a hatchet with an extra point on it, and it had some feathers and the symbol of the computer game. It was now legally classed as a zombie knife as it was a blade with an additional point. Members asked where exactly the item had been, which the driver explained was only in his house rather than his car. It was decorative and was put up on a display stand. It had since been destroyed after being seized by the police. He had explained the circumstances in court and they gave him the minimum fine. RESOLVED – that no further action be taken. (6) Application 6 The Sub Committee was asked to determine if a driver remained a fit and proper person to continue to hold a Hackney Carriage / Private Hire Driver’s Licence given that the driver had received a caution for common assault. Addressing the Sub Committee, the driver explained that he had declared the caution when he applied to renew his taxi licence. He felt he had learned his lesson from the incident, which occurred in the early hours in town with his ex-partner. They had argued and he had pushed her, and several months later he was contacted by the police, who gave him a caution for assault. RESOLVED – that the driver receive a written warning. (7) Application 7 The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s Licence given that the applicant had a conviction contrary to the guidance. Addressing the Sub Committee, the driver explained that he had been involved in a car accident five years ago that led to the death of someone involved, and was convicted of driving without due care and attention. The accident had happened when he tried to go around a car parked on the pavement, and he didn’t see someone coming the other way and collided with them. He had reported it to the police and turned himself in. RESOLVED – that the application be refused. (8) Application 8 The Sub Committee was asked to consider an application for the grant of a Hackney Carriage / Private Hire Driver’s Licence given that the applicant had a motoring conviction contrary to the guidance. Addressing the Sub Committee, the driver explained that he had received six points on his licence for using a vehicle that was uninsured against third party risks. He was driving with business insurance which only allowed him to do food deliveries, rather than full personal insurance, and didn’t realise. RESOLVED – that the application be granted. (9) Application 9 This hearing was deferred to the next meeting.
RESOLVED THAT: a. Members note the outturn position for 2024/25 as detailed in the report and the draft Statement of Accounts for 2024/25; b. Members note the attached draft Minor Bodies Return 2024/25; c. the Committee Chair be authorised to sign the Minor Bodies Return 2024/25.