Standard of Professional Practice for Members in Public Practice

Standard of Professional Practice for Members in Public Practice December 2007

CIPFA, the Chartered Institute of Public Finance and Accountancy, is the professional body for people in public finance. Our 14,000 members work throughout the public services, in national audit agencies, in major accountancy firms, and in other bodies where public money needs to be effectively and efficiently managed. As the only UK professional accountancy body to specialise in public services, CIPFA s qualifications are the foundation for a career in public finance. We also champion high performance in public services, translating our experience and insight into clear advice and practical services for our public sector clients. Globally, CIPFA shows the way in public finance by standing up for sound public financial management and good governance around the world.

Index Content Page FOREWORD 1 INTRODUCTION 1 1 PRINCIPLES-BASED STANDARD 1: LAWS, REGULATIONS AND PROFESSIONAL STANDARDS 3 2 PRINCIPLES-BASED STANDARD 2: CLIENT ACCEPTANCE AND DISENGAGEMENT 4 3 PRINCIPLES-BASED STANDARD 3: COMPETENCE 9 4 PRINCIPLES-BASED STANDARD 4: QUALITY CONTROL 13 i

FOREWORD The International Federation of Accountants ( IFAC ) is developing and enhancing coordinated worldwide standards for the accountancy profession. CIPFA, as a Member of IFAC, is committed to supporting the Federation s broad objectives. One way in which the Institute supports this is by producing Standards of Professional Practice ( SoPPs ) for the guidance of its Members. In recognition of the importance of such standards, CIPFA requires all Members to comply with each SoPP that regulates an area of their work. Failure to comply with any relevant SoPP may be regarded as grounds for disciplinary action under the Institute s Bye-Laws. INTRODUCTION Applicability and compliance For the purposes of this document, Members are defined as CIPFA members who are Practising Certificate Holders under the Institute s Practice Regulations. Under the Institute s Practice Regulations, Practising Certificate Holders are required to comply with this SoPP and to: Submit to the Institute an annual self-assessment return confirming their compliance with this SoPP; and Co-operate with the Institute s representatives at Practice Assurance review meetings. Together, these requirements are the requirements of CIPFA's Practice Assurance scheme. Exemptions may be granted from these requirements in specific circumstances, as set out in the Practice Regulations. Members are free to follow whatever procedures they wish in order to act in accordance with the standards set out in this SoPP. However, they must be prepared to demonstrate that their procedures secure achievement of the standards in practice. Procedures may be operated either electronically or manually; their content and scope are more important than the way in which they are recorded. It is recognised that the majority of CIPFA members in public practice operate as sole practitioners and therefore compliance with this SoPP, where required, will be within their sole responsibility. 1

Some CIPFA members, albeit operating as sole practitioners, may be regulated by another professional body which operates a practice or quality assurance process similar to the Institute s Practice Assurance scheme. Such CIPFA members may, with the consent of the Institute, be exempted from the full requirements of CIPFA s Practice Assurance Scheme. Where an exemption is granted, this SoPP does not apply to the member. Some CIPFA members may operate larger practices (either as partners in a firm or limited liability partnership or as directors of a company). Where such practices are themselves registered with another professional body for practice or quality assurance purposes, the CIPFA member may, with the consent of the Institute, be exempted from the requirements of CIPFA s Practice Assurance Scheme. Some CIPFA members may operate larger practices (either as partners in a firm or limited liability partnership or as directors of a company) where the practice is not registered with another professional body for the purposes of practice or quality assurance or where an exemption, as specified above, is not granted. Such members are expected to comply with the standards set out in this SoPP to the extent that they have power to comply within their own work practices and are required to use reasonable endeavours to ensure compliance by their practice where the standards relate to corporate practices and procedures. Such Members should bear in mind that their practice may be subject to the provisions of the Money Laundering Regulations 2007 and that CIPFA s Practice Assurance Scheme cannot fulfill the function of supervisory authority in relation to the practice. Where a Member (as defined) subcontracts work to others who are, themselves, subject to a scheme of quality review through their professional body, the Member may accept the quality requirements of the professional body concerned but should, nevertheless, ensure that its dealings with the sub-contractor are in accordance with these standards. Scope This document sets out the principles-based standards applicable to Members (as defined). Guidance on the principles-based standards includes examples of best and acceptable practice. The examples of best practice develop and extend the examples of acceptable practice. The examples given are not exhaustive. Objectives To provide a framework for Members to help them to ensure that their business is carried out with due integrity, care and professionalism. 2

1 PRINCIPLES-BASED STANDARD 1: LAWS, REGULATIONS AND PROFESSIONAL STANDARDS 1.1 Members must comply with laws, regulations and standards that are relevant to the service provided, including the Bye-Laws, regulations and ethical guidance of the Institute. Guidance 1.2 Many assignments are subject to some form of statutory requirement or guidance produced by a professional body including guidance from the Institute which is set out in the Members in Practice Handbook. Examples Evidence of satisfactory compliance with Standard 1 will depend principally on the nature of the work undertaken by the Member. Examples of best and acceptable practice are given below. Acceptable practice Best practice Copies of relevant legislation /regulations/bye-laws/ethical guidance available. Copies of relevant legislation /regulations/bye-laws/ethical guidance available with subscription service to ensure always up to date. Checklist of legislation for each assignment or client type or industry available. Relevant legislation available to any staff via computer systems. Each file has list of legislation and other regulations specifically applicable to client. The Institute s current guidance including the Members in Practice Handbook is understood and applied. For a larger practice, helpsheets available e.g. helpsheets on Money Laundering, Accounts and Auditing Standards. 3

2 PRINCIPLES-BASED STANDARD 2: CLIENT ACCEPTANCE AND DISENGAGEMENT 2.1 A Member should agree to act for a client only if, in so doing, he or she does not contravene the professional, regulatory or ethical requirements of the Institute. Guidance Client engagement 2.2 When accepting a client, and throughout the term of the engagement, a Member should be able to demonstrate that: 2.2.1 There is no threat to his or her integrity or objectivity that cannot be managed by appropriate safeguards; 2.2.2 He or she will have access to adequate resources and expertise to provide the services required; 2.2.3 He or she has made adequate enquiries to ensure that there are no other reasons to prevent him or her from providing the services, including those related to the law and regulations on money laundering; and 2.2.4 The terms of engagement are clear and unequivocal. Integrity and objectivity 2.3 Integrity and objectivity are essential in the exercise of professional judgment. Threats to integrity and objectivity arise most frequently when there is a conflict of interest between a self employed Member or firm and the client or where different clients have conflicting interests. 2.4 The main considerations which should be taken into account are contained in the Code of Ethics, Sections 110 Integrity, 120 Objectivity, 200 Introduction, 220 Conflicts of Interest and 280 Objectivity - All Services. 2.5 Situations that may threaten a Member s integrity or objectivity include, but are not limited to: 4

2.5.1 Relative size of individual fee; 2.5.2 A mutual or conflicting business interest between the Member (or persons with close connections with him or her) and a client; 2.5.3 Loans to or from clients; 2.5.4 Receipt of goods, services or hospitality from a client; 2.5.5 Beneficial interest in shares or other investments in clients. 2.6 The Code of Ethics includes examples of safeguards that are available to remove or reduce such threats. For example, where a potential conflict of interest between a Member and the client is identified, it may be sufficient to disclose, in full, the circumstances to the client and to obtain his/her informed consent. Members should refer to the ethical guidance for a more detailed discussion of these and other related issues. Resources and expertise 2.7 Resources and expertise should be adequate for the services to be provided. A Member should not take on a new client unless he or she has the resources or expertise or access to additional appropriate staff or subcontractors to deal with the increase in work. Members should guard against creating unmanageable pressures for themselves that could adversely affect their services to clients. 2.8 It is important that a Member only undertakes work that he or she is competent to perform. He or she or any staff dealing with the assignment should have the necessary technical knowledge. Particular care should be taken to ensure that the relevant expertise is available, personally, amongst employed staff or from external sources, to deal with specialist areas. 2.9 Any technical staff should receive appropriate ongoing training. In particular, all professionally qualified staff and principals should comply with the CPD requirements of their professional body. All staff should have access to appropriate technical material and resources. Professional enquiries prior to acceptance 2.10 Enquiries should be made to ensure that there are no other reasons to prevent a Member from entering into an engagement. 5

2.11 Where relevant these enquiries should include communicating with the prospective client s existing accountant to establish if there are any considerations that might affect the Member s decision whether to accept appointment. Suggestions on how to carry out such professional enquiries are included in the Code of Ethics, Section 210 Professional Appointment. 2.12 Members should carry out their obligation to respond promptly to such enquiries from other Members and, if there is a subsequent transfer of client, co-operate with the new service provider. 2.13 Members should be aware of the laws and regulations in the UK relating to money laundering. Failure to observe the Money Laundering Regulations 2007 can put Members and other staff at risk of criminal prosecution. The Money Laundering links on the Institute s website provide up to date advice for firms on meeting their obligations under Part 7 of the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007. Terms of engagement 2.14 Many disputes with clients result from a misunderstanding or misinterpretation of the nature or scope of a Member s terms of engagement. A clear statement of the terms and conditions of engagement before starting work can help to avoid misunderstandings over the scope of the work to be completed. This could be particularly important for Professional Indemnity Insurance purposes and could help to avoid disputes or enable them to be resolved more easily. 2.15 If the scope or nature of the services change at any time, the Member and the client should agree revised terms to ensure that the client understands the revised terms. Terms of disengagement 2.16 To avoid potential problems when a Member ceases to act and the client misunderstands the extent of the work he or she has agreed to complete, a Member is advised to agree terms of disengagement at the appropriate time, identifying the work to be completed and the terms on which this will be done. Examples Evidence of satisfactory compliance with Standard 2 will vary from Member to Member and will depend on the size of the business and the nature of its clients. 6

Examples of best and acceptable practice are given below. Acceptable practice Best practice Integrity and objectivity Integrity and objectivity issues considered and where identified, file note of relevant issues and safeguards put in place. Objectivity in assurance engagements requires independence to be considered. Other than for a sole practitioner, when considering a new client, suitable enquiries made of any partners and staff asking if they have any independence issues. Other than for a sole practitioner, where assurance engagements are performed, annual independence and fit and proper (where appropriate) declarations completed by any partners and staff with requirement to inform of changed circumstances immediately. Where relevant, independence and objectivity issues have been considered for each assignment and noted on file. Where issues identified, file note of relevant issues and safeguards put in place. Resources and expertise Where a Member identifies that the nature of the work is outside his or her usual activities, file note confirming the skills needed will be available on the assignment. Where appropriate, file note identifying specific skills needed for each new client and action to be taken to meet those needs. Specific skills needed for each client reassessed annually. Professional enquiries prior to acceptance Money laundering procedures for each new client as required by the Money Laundering Regulations 2007. Money laundering procedures, as required by the Money Laundering Regulations 2007 documented and applied to each new client, and to existing clients where appropriate. Guidance in the Code of Ethics, Section 210, Professional Appointment. 7

Acceptable practice Best practice Terms of engagement If client does not return signed engagement letter, client must be advised in writing, stating that approval of the terms of the engagement will be assumed unless the Member hears otherwise, within a specified period of time. File note of agreed subsequent changes. Know your client information on file for each client. Standard brochure issued to clients stating complaint procedure and fee charging arrangements. Terms of disengagement File note of agreed disengagement terms retained. Signed engagement letter retained on file. Record on file of matters discussed with each new client. Other than in a sole practice, second partner approval for accepting certain categories of new client. Regular review to ensure engagement letter remains up to date and revised letter issued if any changes. Disengagement letter retained on file, as signed by client. Copy of disengagement checklist on client file. 8

3 PRINCIPLES-BASED STANDARD 3: COMPETENCE 3.1 A Member should ensure that he or she and any staff and subcontractors are competent to carry out their work. Guidance 3.2 To ensure that principals and staff (including subcontractors) are competent, a Member will need to consider appropriate arrangements in place for: 3.2.1 Recruitment; 3.2.2 Development and training; 3.2.3 Access to up-to-date technical and non-technical reference material and information sources; 3.2.4 Provision of consultation where necessary; 3.2.5 Allocation of staff to assignments consistent with their capabilities; and 3.2.6 Appropriate supervision and review of work. 3.3 These arrangements will vary very widely depending on the nature of the service provided and the number and type of clients. Recruitment of staff 3.4 The recruitment process should include an assessment of the fit and proper status of applicants and their competence and relevant experience, to carry out the work that will be assigned to them. Members are advised to take up references, including those of previous employers. It is also advisable to see original rather than photocopied certificates providing evidence of qualifications. Development and Training 3.5 The level of skills and knowledge required of an individual depend on the work to be carried out and the level of responsibility. 3.6 Members should ensure that their own development needs and those of members of staff are assessed on a regular basis both formally through, for example, the Institute s CPD procedures and manager reviews and appraisals 9

3.7 All professional staff should comply with the Continuing Professional Development requirements of their own professional bodies. Technical reference material 3.8 Staff must have access to the relevant technical and other information that they Consultation need. 3.9 Members should encourage staff and subcontractors to consult with others in the practice on technical, ethical and other issues whenever appropriate. It may be necessary to seek external advice where the appropriate expertise is not available within the practice. Sole practitioners may find it helpful to set up arrangements with another firm or consultancy organisation in order to seek advice and information, as well as making full use of the Institute s own helplines and information service. Examples Evidence of satisfactory compliance with Standard 3 will vary from Member to Member and will depend on the size and structure of the firm. Examples of best and acceptable practice are given below. Acceptable practice Best practice Recruitment Written or oral references obtained. Interview conducted and applicant s own CV on file. Fit and proper forms signed and on file, updated if circumstances change. Personnel file maintained for each Member of staff. Each applicant required to complete an application form. Probationary period required for new staff. 10

Acceptable practice Best practice Written terms of employment (including job description and the principal terms and conditions) given to the employee and held on file. Independence/confidentiality forms signed and on file, updated if circumstances change. Written references obtained and qualifications verified. Annual Fit and proper forms signed and on file. Partners and staff required to declare any changed circumstances when they happen. Annual independence/confidentiality forms signed and on file. Partners and staff required to declare any changed circumstances when they happen. Signed contract of employment and job description retained on file and reviewed annually. Induction programmes produced and followed. Development and training CPD requirements complied with and records on file. Mentoring arrangements in place which are supported by a nominated development and training individual or Training Principal. Process in place to encourage on-going review of development needs through, for example, manager reviews and peer discussions. Development process in place that encourages consideration of professional expectations, key risks and requirements of key stakeholders. Record of the results of key development and training activities. Follow-up of training needs and record of follow-up. Technical reference material Relevant technical reference material available and kept up-to-date. Relevant technical reference material obtained with subscriptions to updating services. 11

Acceptable practice Best practice Consultation Names of potential external consultants on file (not necessarily a formal agreement with each one). Written records of consultation on significant issues. Use of CIPFA technical helplines and other resources. Internal (or external) consultation required in specific situations. Signed agreement on file with external consultant. Written records maintained of all internal or external consultations. 12

4 PRINCIPLES-BASED STANDARD 4: QUALITY CONTROL 4.1 A Member should ensure that work is conducted within an environment where quality is monitored. Guidance 4.2 A Member should have procedures and systems in place, appropriate to the size of the practice, to ensure that: 4.2.1 Work is organised and controlled to ensure Practice Assurance standards are met; 4.2.2 Appropriate supervision and review arrangements are applied; 4.2.3 All work undertaken is adequately recorded; 4.2.4 All principals and staff are made aware of relevant systems and procedures; 4.2.5 Procedures are followed in practice; and 4.2.6 Any complaints from clients are dealt with promptly and effectively. Organisation and control 4.3 The way in which work is organised and controlled will vary according to the size of the practice. Larger firms are likely to need much more sophisticated control and reporting processes than sole practitioners. However, sole practitioners should always bear in mind the possibility of sudden enforced absence, possibly through illness, and whether they should make arrangements to ensure that the practice can continue to operate in such circumstances. This may include setting up formal arrangements with another Member to cover any period of incapacity. 4.4 Members in larger practices (i.e. not sole practitioners) should use all reasonable endeavours to ensure that responsibilities are clearly identified. Ideally, in a practice with more than one principal, it should be clear which principal is responsible for each assignment. Staff should be clear about, for example, who is able to write letters on behalf of the practice and who is able to give tax or other judgmental advice to clients. 4.5 Files should be well organised and kept up to date. The filing system should be understood by all members of staff and there should be contingency arrangements in place in case of fire or theft. All files and documentation relating 13

to clients, whether in hard copy or electronic form, should be held securely and confidentiality should be maintained. Receipt and return of client books and papers should be recorded. If any documents, including accounts, are to be made available to third parties, there should be written authorisation from the client. There should be a system of brought forward notification to ensure that matters are attended to promptly and both internally and externally imposed deadlines are met. There should also be a policy regarding file destruction. IT procedures and security 4.6 Increased dependence on computer systems presents specific threats. There should be regular back up of files and protection from unauthorised access and viruses and the contingency arrangements should include action to cope with major systems failure. Where hard copy documentation is not kept, there should be a policy for computer file retention and file destruction. Supervision and review 4.7 Unless a Member is a sole practitioner with no staff and not using subcontractors, Members should use all reasonable endeavours to have procedures in their practices which are designed to ensure that work, including that of subcontractors, is adequately supervised and reviewed before it is finalised. Appropriate procedures should be determined to minimise the risk of errors and misjudgments that might result in sub-standard output. 4.8 It is usual practice for senior staff to supervise and review the work of more junior staff. Larger practices may decide that in some circumstances, the work of one principal should be reviewed by another. This is likely to depend on the degree of risk associated with the work. Sole practitioners may decide that there are certain engagements where it is appropriate to have their work reviewed by an external consultant with expertise in the relevant area. Such reviews are part of the assignment process and if review papers are not retained, a note should be made on file that a review has taken place. 14

Recording work 4.9 All significant work undertaken should be recorded on file and sources of information and evidence identified. Care should be taken to make notes of relevant telephone conversations and meetings. All assumptions and estimates should be shown and the thought processes in arriving at judgmental decisions should be recorded. Where relevant there should be evidence that completed accounts have been agreed by the client. Significant oral advice given to a client should be recorded in a file note. 4.10 There should be a clear policy indicating who is authorised to write to clients and third parties such as the HMRC. Members should ensure that they have written authority from the client to act as its agent and there should be written evidence of the client s agreement where accounts or other information are to be provided to third parties. Complaints from clients 4.11 In the engagement letter, all new clients should be informed that a CIPFA Practising Certificate is held, and that the firm is subject to the CIPFA Practice Assurance Scheme. It should state the firm / Member s complaints process and of clients right to complain to the Institute via the CIPFA Disciplinary Scheme. Any complaints from clients should be investigated immediately. If, following the investigation, the Member agrees the complaint is justified, he or she should do whatever is appropriate to resolve the matter, for example, by remedial work, apology, the provision of information, the return of books or documents or the reduction or repayment of fees. CIPFA, in conjunction with the Dispute Resolution Service, provides conciliation and arbitration services which could assist in this process. Compliance review of procedures 4.12 The way in which a practice or Member carries out a review of compliance with its own procedures and these standards and, the frequency of the reviews, will depend largely on the size of the practice and the nature of its work. 4.13 It is possible for a sole practitioner to carry out a review of his/her own work, perhaps using a proprietary review programme. Alternatively an external reviewer could be of help - a reciprocal arrangement can be made with another Member who provides similar services. 4.14 The review should consider issues, such as whether staff are receiving adequate training and whether access to technical material is sufficient. Where relevant, bank accounts should be reviewed to check that any client money has been dealt 15

with in accordance with the Institute s Clients Money Regulations. The review should also include a selection of client files to ensure that the work carried out conforms to the terms of the engagement letter. 4.15 There should be a sample check of the output of the practice to verify that the correct systems and procedures have been applied and to check the quality of the work carried out, including that of any advice given. For example, where relevant a sample of accounts prepared by the practice should be reviewed to check that they are materially correct and comply with statute and other relevant requirements. Similarly, a sample of tax files could be reviewed to consider both the calculations and the advice given and the review should identify whether submission deadlines were met. Similar reviews should be carried out in other areas of work. The sample should be selected primarily to focus on higher risk assignments for example, those where a report is being made to a third party or where the practice has been providing services of a specialist nature. However, all offices of the practice, all professional staff and all types of work should be covered over a period of time. Examples Evidence of satisfactory compliance with Standard 4 will vary from Member to Member and will depend principally on the size and complexity of the practice and the nature of its clients. Examples of best and acceptable practice are given below. Acceptable practice Best practice Organisation and control Adequate guidance is given to all staff on all areas of work undertaken. Filing system in place. Brief notes maintained, to assist in the absence of the practitioner or key members of staff. Office procedures manual covering all types of work undertaken and other procedures. Secure filing and referencing system in place. Organisation chart maintained. Reminder system in place for tracking work, so that deadlines are not missed. 16

Acceptable practice Best practice Relevant file notes kept of telephone calls and meetings. File retention policy in place. Consideration whether sufficient PII cover in place. File notes kept of all telephone conversations and meetings, highlighting any advice given. Specific decision taken whether or not any file should be destroyed. Annual PII review in conjunction with brokers/insurers. Alternate arrangements made where applicable. IT procedures and security Back-up files made and retained on a regular basis. Contractual arrangements in place for an alternate where applicable. Consideration given to succession planning, where applicable, and appropriate arrangements made. Written procedures maintained. Back-up files retained at a separate location or in a fire-proof safe. Supervision and review Policy in place for review of files, including hot reviews. Second partner/manager hot reviews where considered necessary. Evidence of review on file. Recording work All significant work recorded on file. Fully documented files with indexes maintained. Final copies of tax returns, signed accounts and other reports on file. Relevant file note made of any other discussions / enquiries. Final copies of signed accounts and other reports on file cross-referenced to key working papers. File note made of any other relevant discussions/enquiries. Appropriate work programmes on file. Procedures documented in manual. 17

Acceptable practice Best practice Complaints from clients Engagement letter sent to client stating complaint procedures. Evidence that any complaint from a client has been investigated and resolved. Engagement letter signed and returned by client states complaints procedures. Internal procedures to investigate complaints. Separate files maintained to show how individual complaints are dealt with. Compliance Review Consideration of need for internal cold file reviews of any particularly high risk assignments. External cold file reviews conducted annually. Results of cold file reviews given to all partners and staff with a note of any required remedial action. Remedial action followed up. The Institute is grateful to the Quality Assurance Department of the ICAEW for its assistance in the development of this material. Any errors or omissions are however the responsibility of the Institute. Reproduction is permitted only within the practice of a CIPFA Member. No other reproduction is permitted without the prior written consent of the CIPFA. 18