Category Archives: BT

Cornwall Council’s cabinet approves BT deal after hurried talks

By Tony Collins

Independent Cornwall councillor Andrew Wallis has revealed on his blog that the councils’s cabinet has approved a tender from BT which involves the transfer of 132 staff in information services, 76 in shared services, 46 in document management and 28 in telecare.

Cornwall Council has rushed through agreement of a deal with BT – whether deliberate or not – ahead of the voting in of a new council in May. A formal consultation with the staff affected will begin next month.

All cabinet members apart from one, independent Bert Biscoe, approved the tender. Wallis says that a meeting today has brought to an end a “long, emotive, and fraught process”.

He adds: “I am pleased the Cabinet meeting today, and the information surrounding the bid, was all done in open session. It might bring some confidence back in to the process of partnership working.”

Cornwall’s cabinet ratified the recommendation that

“…  award of the contract to BT plc for the Strategic Partnership for Support Services, as set out in the Invitation to Submit Final Tender issued by the Council on 4 March 2013, be approved.”

The cabinet also gave authority for the signing of the contract to the Interim Chief Executive in consultation with the Leader, the Corporate Director of Resources, the Head of Legal, Democratic and Procurement Services and the Head of Finance.

Wallis says the deal guarantees the creation of 197 new jobs by end of year 4 and 313 new jobs to be delivered through reasonable endeavours by end of year 5.

“I am told the term reasonable endeavours has legal meeting, but for me, it still sounds wishy-washy,” says Wallis. “I am there will be some nervous staff wanting to know how they will fit into this new utopia.

Fifty two jobs have been identified to go by the end of year 4. There is a contractual commitment for most of the affected staff to be re-deployed.

Says Wallis: “The deed is done, and I just hope it will not turn into the disaster like so many other councils’ joint ventures up and down the land.”

There is a warning in a report to the cabinet about the risks of not signing a deal with BT. The report implies that BT would have to receive compensation for its bidding costs.

“If Cabinet chooses not to award a contract the Council will face a different set of risks (when compared to the risks of signing a contract).

“These risks would be higher in relation to finance and similar in relation to legal and delivery. As the bid meets the requirements as set out in the Evaluation Guidance … there are financial and legal risks in deciding not to award a contract.

“The ‘in-scope’ services have developed proposals with bidders over the past 12 months and if a contract is not awarded, work will need to be undertaken to ensure a level of continued service delivery in these areas in light of recent budget decisions.”

The report to the cabinet gives no projected cost of the deal. Officers are expected to sign a contract anytime after 24 March 2013.

Comment

BT’s promises, contractual commitments and guarantees are built into a concrete frame. Except that the frame can be broken apart by any legal dispute that throws clauses in the contract into doubt.

Let us hope Cornwall Council understands that its failure to keep its contractual commitments may bring BT’s litigation lawyers into play – and BT has more experience in outsourcing legal disputes than Cornwall Council.

Councillors will assume that Cornwall’s officers will be monitoring BT’s performance from day one of the contract. They may not realise that, perhaps with impressive diligence,  BT will be monitoring Cornwall Council’s performance from day one.

But not all councillors will need care how the contract progresses – for there will be a new council in May and some councillors may not stand or be re-elected.

If things go sour the new council could claim it wasn’t in any way responsible for the BT contract. All of this is within the context of rushed talks and a rushed agreement to sign the contract.

As Churchill said in the House of Commons in 1947:

“Democracy is the worst form of government, except for all those other forms that have been tried from time to time.”

Things run well and efficiently now at Cornwall Council. How can BT guarantee  197 jobs, invest more (Trading investment in bidding for new work – £1.9m plus £7.8m investment in transformation), make savings (£17.4m over 10 years) and run services more efficiently – and make a profit?

The Council says that BT will invest £157.5m in the partnership over 10 years, excluding an additional £16m spent outside Cornwall trying to win bids. The cabinet was told in a report that BT has made an “excellent offer”. But is it too good to be true? Indeed the one figure the report to the cabinet doesn’t give is the projected cost to Cornwall’s council taxpayers.

With the prices charged by BT for inevitable and as yet unforeseen changes, could the costs to the council more than wipe out savings?

It may be that all but one of Cornwall’s cabinet councillors, perhaps encouraged by council officers, have been naive. I hope I am proved wrong.

Andrew Wallis’s blog

Cornwall Council rushes to sign BT deal ahead of elections

Cornwall Council rushes to sign BT outsourcing deal before elections

By Tony Collins

Cornwall council logoCornwall Council was a model of local democracy in the way it challenged and then rejected a large-scale outsourcing plan. Now it has gone to the other extreme.

Amid extraordinary secrecy the Council’s cabinet is rushing through plans to sign a smaller outsourcing contract with BT – a deal that will include IT – before the May council elections.

Councillors who have been given details are not allowed to discuss them. No figures are being given on the costs to the council, or the possible savings. The Council’s cabinet is not releasing information on the risks.

Councillors are being treated like children, says ThisisCornwall. Documents with details of the BT outsourcing plans have to be handed back by councillors, and cabinet papers are being printed individually with members’ names as a watermark, on every page, to guard against copying and to help identify any whistleblowers.

The council’s Single Issue Panel has a timetable for the IT outsourcing plan.

– Recommendation to Cabinet to approve release of ITT – 27 February 2013

– Evaluation of bid – March 2013

– If contract awarded, commencement of implementation work – April 2013

– Staff transfer date – July 2013

The SIP report emphasises that the timetable for signing a deal is tight. “Evidence received is that there is little room for slippage in the timetable, but that potential award of contract is achievable by the end of March 2013… It is expected that a contract could be ready to be issued as part of the ITT [invitation to tender] pack by early in the week commencing 4 March 2013.”

The SIP report concedes that the plan is “fast moving”.

In the past, the SIP group of councillors has been open and challenging in its reports on the council’s plans with BT (and CSC before the company withdrew from negotiations). Now the SIP’s latest report is vague and unchallenging. The risks are referred to in the report as a tick-box exercise. Entire paragraphs in the SIP report appear to have little meaning.

“Risk log and programme timelines are reviewed and updated on a regular basis… 

“The Council and health partners have been working on and have reached agreement on their positions in relation to commercial aspects in the contract and their expectations have been part of the dialogue with BT.”

“Previous concerns of the Panel relating to the area of new jobs have been addressed with BT in contract discussions and contract clauses have been revised to reflect this…”

It is also unclear from the SIP report why the council is outsourcing at all, only perhaps a hint that the deal will be value for money.

“The contract will be fully evaluated by the Head of Finance and her team to ensure value for money once the final bid is received. No savings have been assumed for 2013/14 budgetary purposes, although there are assumptions of savings for the indicative figures for future years,” says the SIP report.

Comment

It is a pity that Cornwall Council’s cabinet is rushing to sign a deal for which it won’t be accountable if things go wrong. In a few weeks a new council will be voted in and, if the outsourcing deal with BT ends up in a dispute or litigation, the new council will simply blame the old, as happened when Somerset County Council’s joint venture deal with IBM, Southwest One, went into dispute.

In essence, with the local elections only two months away, Cornwall Council’s cabinet has a freedom to make whatever decision it likes with impunity; and it appears to be taking that freedom to an extreme, almost to the point of sounding, in the latest SIP report, as if the council is an arms-length marketing agent of BT.

Cornwall Council’s cabinet has a mandate from the full council to move to a contract with BT. The full council has voted to “support” a deal. But that vote was a mandate to negotiate, not to sign anything BT wants to sign.

Openness has gone out of the window and BT, it seems, is no longer being rigorously  challenged – by Cornwall’s cabinet, the full council, the public or the media.

How exactly can BT guarantee jobs and make savings? We don’t know. The Cabinet isn’t saying, and its members are doing all they can to stop councillors saying.

Are BT’s promises reliant on the fact that IT is subject to constant and sometimes costly change – often unforeseen change – and that is bound to continue, at least in the form of supporting changing legislation and reorganisations?

Unforeseen changes could add unforeseen costs which the council may have to pay because IT is at the heart of business continuity.  In any dispute with the council  – and BT knows its way around the world of contested contracts – the company would have the upper hand because of its experience with litigation and the fact that the council would need undisrupted IT at a time of change and could not afford, without risk, to take the service back in-house.

We have seen how normality broke down at Mid Staffs NHS Foundation Trust amid a lack of openness and excessive defensiveness;  and we have seen, in Somerset County Council’s joint venture with IBM, Southwest One, what can happen when a contract signing is rushed.

Cornwall Council’s cabinet is doing both. It is rushing to sign a contract; and it is rushing to sign it amid excessive secrecy.

Surely Cornwall Council can do better than slip into the shadows to sign a deal with BT before the council elections in May?  If it is such a good deal, the new council will want to sign it. A new council should have the chance to do so.

For Cornwall Council to outsource now what is arguably its single most important internal resource – IT – is bad for local democracy: it is snub to anyone who holds true the idea that local councillors are accountable to local people.

Thank you to campaigner Dave Orr who drew my attention to information that made this post possible.

* Cornwall Council, by the way, has one of the best local authority websites I have seen.  If the website is a reflection of the imagination and efficiency of its IT department, Cornwall Council should be selling its IT skills to BT for a small fortune – not giving staff away.

Don’t fire staff before going live – lessons from a SAP project failure

By Tony Collins

When an NHS chief executive spoke at a conference in Birmingham about how he’d ordered staff cuts in various departments in advance of a patient administration system going live – to help pay for the new system – it rang alarm bells.  

This is because more staff are usually needed to cope with extra workloads and unexpected problems during and after go-live. That’s a lesson BT and CSC gradually learned from Cerner and Lorenzo go-lives under the National Programme for IT. It’s also a lesson from some of the case studies in “Crash”.

The trust chief executive who was making the speech was managing his go-live outside of the NPfIT. He didn’t seem to realise that you shouldn’t implement savings in advance of a go-live, that the go-live is likely to cost much more than expected, and that, as a chief executive, he shouldn’t over-market the benefits of the new system internally. Instead he should be honest about life with the new system. Some things will take longer. Some processes will be more laborious.

Bull-headed

If the chief executive is bull-headedly positive and optimistic about the new IT his board directors and other colleagues will be reluctant to challenge him. Why would they tell him the whole story about the new system if he’d think less of them for it? They would pretend to be as optimistic and gung-ho as he was. And then his project could fail.

Much of this I said when I approached the trust chief executive after his speech. It wasn’t any of my business and he’d have been justified in saying so. But he listened and, as far as I know, delayed the go-live and applied the lessons.

Disaster

Now a SAP project disaster in the US has proved a reminder of the need to have many extra people on hand during and after go-live – and that go-live may be costlier and more problem-laden than expected.

The Post-Standard reported last month that a $365m [£233m] system that was intended to replace a range of legacy National Grid’s payroll and finance IT has led to thousands of employees receiving incorrect payments and delayed payments to suppliers. Some employees were not paid at all and the company ended up issuing emergency cheques.

Two unions issued writs on behalf of unpaid workers, and the Massachusetts attorney general fined National Grid $270,000 [£172,500] for failing to comply with wage laws. New York’s attorney general subpoenaed company records to investigate.

Hundreds assigned to cope with go-live aftermath

National Grid spokesman Patrick Stella said the company has assigned hundreds of employees, including outside contractors, to deal with problems spawned by the new system. Many of them have been packed into the company’s offices in Syracuse in the state of New York. Others are dispersed to work at “payroll clinics,” helping employees in crew barns or other remote locations.

For more than a year National Grid worked to develop a new system to consolidate a patchwork of human resource, supply chain and finance programs it inherited from the handful of U.S. utilities it has acquired. The system, based on SAP, cost an estimated $365m, according to National Grid regulatory filings.

Stella said the glitches to be expected when a complex new system goes live were exacerbated in the wake of Sandy, when thousands of employees worked unusual hours at unusual locations. “It would have been challenging without Hurricane Sandy,” Stella said.

SAP software woes continue to plague National Grid.

Payroll blunder.

National Grid struggles to fix payroll problems.

Cornwall Council – a model of local democracy

Cornwall Council yesterday debated in an open and informed way proposals to set up a major joint venture with BT, keep services in-house or have a limited “strategic partnership”.

The debate was webcast and councillors voted on the basis of a wealth of information published by the council on its website. On the specific potential benefits of a joint venture the council had information from BT and Kevin Lavery, the council’s chief executive. Lavery also produced a useful “pros and cons” summary of the options available to councillors.

On the risks of a joint venture, and the experiences of other authorities, councillors had invaluable information from Cornwall Council’s independent “Single Issue Panel” of councillors, and from Dave Orr who has a deep understanding of Southwest One, the failed joint venture in Somerset with IBM.

In the end the full council rejected proposals for in-house services, and also decided against setting up a major joint venture with BT. Councillors voted for a limited strategic partnership which includes telehealth and telecare, ICT and document management.  How this will work, whether BT will want to run it, and whether it will need a new competitive tender are questions yet to be answered.

Jim Currie, the council leader, and a sceptic of a major joint venture, warned councillors about the dangers of making a decision under pressure of fear.

“The doom and gloom is just not sustainable,” he said. “The fear that has been put in us has to be modified by reality. The reality is that the vast majority of councils will go under before we do.”

He added that the council has expertise, pensions, and trading contacts that would be given away in a joint venture or outsourcing deal. A costly SAP system would also be transferred. The council, he said, would be “giving away the ERP that cost us so much money and lots of IT updates that go with it”.

Comment:

Cornwall Council has emerged from the debate over the proposed joint venture with BT as an exemplar of local democracy. Alec Robertson, the former council leader, who was ousted because of his strong support for a joint venture, comes out of the debate with credit.

There was pressure to do so but Robertson decided that the future of council services should be a decision taken by the full council and not by an inner circle of cabinet councillors. This was a bold step but a critical one in favour of local democracy.

Jim Currie who was voted Cornwall’s leader after Robertson was ousted, also emerges from the debate with credit. Like Robertson Currie is a conviction politician.

But the clear winner of the debate is Cornwall Council. Its reports on the options available to councillors are not perfect but at least they make clear what is and is not being published; and a great deal has been published. Everything Cornwall Council has done is in marked contrast to the partnership decision of Barnet Council which kept its decision on a partnership deal to an inner circle of cabinet councillors. Barnet was entitled to do so, but it was a macho stance given the strength of local opposition. Barnet published little information on its proposals compared to Cornwall.

It would be a pity, though, to shine a light on Cornwall’s democratic strengths by putting Barnet in the shadows. Democracy has its flaws, but Cornwall Council has shown how those weaknesses can be tackled by more democracy, not less.

Cornwall Council – middle way agreed.

The biggest cause of shared services failure?

Shared services in the public sector – Tim Manning.

Jude’s Blog (local councillor)

Very thin joint venture is supported – Andrew Wallis (local councillor)

Is BT having trouble meeting some of its promises?

By Tony Collins

Six weeks ago BBC’s Watchdog broadcast an advert for BT Vision, which offers broadband-based pay-TV packages.  “With BT Vision you won’t miss a thing,” says the advert.

Chris Hollins, a presenter of Watchdog, then tells millions of viewers:

“Big promises. Tempting promises. But according to customers who contacted Watchdog they are empty promises.”

Can BT always be trusted to deliver on its promises? BT Vision is a completely different part of the company that bids for joint venture and outsourcing contracts with local authorities. At the same time BT is marketing its services to Cornwall Council and other local authorities partly on the basis of its unified corporate strength, as a FTSE 100 company.

Can BT’s culture and practice be separated from one division to the next?

Maragret Outschoorn told Watchdog of how she had been five months without a proper service. Sue Bennett, another BT Vision customer, had had problems for two and a half years, since 2010. She told the programme she had been on the phone to BT Vision nearly every week, sometimes for two or three hours.

“Like others who contacted us Sue fell foul of BT Vision’s habit of passing customers from one person to another for weeks on end without sorting out their problem,” said Hollins.

Joe McCaffrey said he spent about 13 hours on the phone over a period of 18 days and each time he had to re-trace the history of his problems.

Breaking up can be hard to do

“So what if a customer decides there are just too many problems to navigate through and they just want to leave BT Vision?” asked Hollins. “Can they achieve their goal? Kieran Potter couldn’t. He was told he’d have to pay a £200 cancellation fee first.

“I ended up having an argument with them for the best part of 13 months saying I want to cancel; I want to leave,” said Potter. “By the time I did get them to cancel me they still wanted me to pay £70 which was in July this year, which I refused. The only reason they did cancel was because I threatened to get in touch with Watchdog.”

Earlier this  year Ofcom revealed that for every 1,000 customers BT Vision received four times as many complaints as its nearest rivals. “We continue to hear from customers who are told they will be charged to leave even though their service is plagued with problems,” said Hollins.

Cornwall Council will decide tomorrow whether to go ahead with a mega-deal in which IT and other services are outsourced to BT. Some council officers and BT favour the services being delivered by a joint venture company that is owned completely by BT. Underlying the assumptions being made by the council is that BT would fulfil its promises and, if not, could be found in breach of contract. Remedies in the contract would give the council the ability to obtain compensation or terminate and bring services back in-house. A 134-page report to Cornwall’s councillors is underpinned by a catalogue of BT promises and guarantees.

But how easy would it be in reality to ensure that BT meets its promises? And how easy would it be in practice for the council to leave BT if termination became necessary?

BT’s response to Watchdog

“BT would like to apologise to the customers featured in the report. Where issues have occurred with BT Vision, we have made efforts to help customers to enjoy the service at its best.”

“However, it is clear that in these particular cases, we have failed to deliver the excellent and timely customer service customers would expect from BT. Where these customers have asked to leave, we have waived charges for leaving contracts early. We are also in the process of agreeing compensation, where appropriate, for some of these customers…”

BT’s full response to BBC Watchdog broadcast.

Comment:

A deal with BT may be good for Cornwall Council and its taxpayers. The evidence we have seen so far looks one-sided though.

The council’s presentations to councillors appear to make the assumption that BT’s promises and guarantees are inviolable, that contractual remedies for any breaches would be easy to enforce, and termination would be straightforward. Could this be because of what TS Eliot called the inability of humankind to bear very much reality?

BT Vision – Watchdog 31 October 2012

BT Vision tops Ofcom pay TV customer complaints

Cornwall staff oppose BT joint venture option

By Tony Collins

Staff at Cornwall Council have, in general, voted against a joint venture with BT, but only about half of them have voted so far.

The figures are on the blog of councillor Andrew Wallis, an independent councillor who campaigned against the council’s plans to award a joint venture contract to BT, at least without full debate and information,

The full council is due to decide on Tuesday 11 December on whether to ask officers to invite BT to submit a final tender. The officers who are enthusiastic about a deal with BT have indicated that staff are in favour of a joint venture. But the survey results so far are:

In-house – 55% (256)

BT option – 33% (154)

Other outsourcing – 0%

Undecided – 12% (56)

Wallis says the results show that the staff view on the proposals is different to some of the spin coming out of the corporate leadership. But, 850 staff who  received the survey, only 467 have so far completed the survey.

Survey results – Andrew Wallis’s blog

Parts of report on Cornwall’s planned BT joint venture are missing

By Tony Collins

Cornwall Council’s officers have written a 134-page report on the options available to councillors for confronting budget cuts.

It will help councillors  decide at a full council meeting on 11 December whether to ask officers to conclude a joint venture with BT.

The report “Partnership for Support Services – Options Appraisal” is clearly a well-meant attempt to convince councillors that the best option is a deal with BT. The current plan is for BT to set up a subsidiary it would own completely, that would deliver ICT and other services back to the council and parts of the local NHS. BT has no plans for the council to be represented on the subsidiary’s board.

The new report is strong on the benefits of a joint venture with BT, such as guaranteed jobs and savings. Absent, though, are  important parts on costs, risks and local authority experiences on joint ventures and private sector partnerships. 

Secret risks

The report says that the “risks inherent in SP 1 [the joint venture with BT] has been submitted to the Council” by legal firm Eversheds.  A final version of the Eversheds report will be signed off by council officers before any invitation to tender is issued to BT. But there’s no indication that this report on risks will be shown to all councillors.

Secret appendix 

The council’s own procurement costs relating to the proposed joint venture, and further projected costs, are escalating.

In July 2011 the costs to Cornwall’s taxpayers of planning the joint venture  were estimated at £375,000. That figure rose to £650,000, then to £800,000, then £1.8m and now stands at  £2.1m.

“The current forecast estimate of the costs of the procurement process now stands at £2.1m. This is funded from the corporate improvement budget,” says the new report.

There are further costs arising from the partnership, says the report. One example is the pension fund for the transfer of staff which will cost about £10m over 10 years.  “There will also need to be additional budget to create a robust client team [to manage the BT contract],” says the report. This would cost between £400,000 and £700,000 a year.

“Both of these additional costs have been taken into account in the option analysis contained in appendix 2.”

But appendix 2 is missing in the public version of the report.

Also missing  

The report suggests that strategic partnerships are “nothing new”. It adds:

“BT – and other councils (sic) – have been involved in them for more than 10 years. Similarly the outsourcing market is mature and well understood. The UK local government IT and Business Process Outsourcing market is the biggest outsourcing market in the world and there are over 100 deals in operation. Risks are sometimes managed well and sometimes managed badly. The risks have been mitigated by using expert advisors and the Council has senior officers who understand this territory well.”

But the report does not mention that some councils in the mature local authority market have, after poor experiences, outcast joint ventures and one-size-fits-all outsourcing deals. Neither does it mention that the Cabinet Office disapproves of partnerships that lock public sector organisations into one major supplier.

These are some of the partnerships not mentioned in Cornwall’s report:

Suffolk County Council signed a £330m joint venture deal with BT in 2004. By late 2010 the cost had risen 26% to £417m.  A BT spokesman told  the Guardian that the additional costs were due to “…additional services contracted by the council”.  Suffolk has decided not to renew the BT contract. It will instead outsource to separate specialist firms. Assistant director director strategic finance Aidan Dunn said in a council report that “efficiencies can be achieved by dealing with individual suppliers who are experts in specific areas of back office service provision, rather than contracting with back office generalists”.

He added: “Our analysis suggests that it is not necessary to have one large contract, but that our requirements would best be serviced via three separate contracts: finance and HR, ICT and services to schools.”

Somerset County Council’s loss-making joint venture is in dispute with its main supplier IBM. Council leader Ken Maddock said the joint venture was “failing to be flexible enough in the changing financial landscape”.  He did not blame the workforce but the “contract, the complications, the failed technology, the missed opportunities, the lack of promised savings”.

Birmingham City Council is, in effect, locked into a “Services Birmingham” contract with Capita that began in 2006 and lasts for another nine years. The contract has been largely successful but the relationship is deteriorating in some areas, according to a report which was published this week.  The two sides have many problems to overcome.

Essex County Council has taken civil legal dispute advice over its deal with BT. The European Services Strategy Unit quotes the Financial Times as saying that a 10-year contract began 2002 but in January 2009 Essex Council served BT with a notice of material breach of contract. A spokeswoman for the council said: “We decided it wasn’t value for money and we weren’t getting the level of service we required, so we decided to terminate the contract.”

Analysis of other parts of latest Cornwall report

The options appraisal report says it was produced in a tight timeframe which has limited its usefulness to councillors. But who has imposed a tight timeframe? Councillors have not imposed any specific time limit. It could be that some council officers have. But aren’t artificial time limits usually the prerogative of double-glazing salesmen who offer 60% off if you sign straight away? Cornwall’s report says:

“… it is recognised that the necessity for the Chief Executive to fulfil the mandate of Council in such a tight timeframe means that it has been difficult in terms of ensuring full Member engagement…

” … As stated, the timeframe has been particularly challenging and the report would have benefited from more discussions with and input from Members but it is hoped that the Council has sufficient analysis and background information to make a decision on the best way forward.”

Health partners

The report says of the council’s three proposed health partners that “all are keen to promote closer integration, improve services and deliver savings through the SP 1 [BT joint venture] proposal”.

This isn’t quite what “all” the health partners said.

Kevin Baber, chief executive of Peninsula Community Health in St Austell said the only realistic option was a BT joint venture (though the authority has begun telehealth talks outside the partnership). The other two health authorities were not so definite in their support for a BT joint venture – and one of them  wished expressly not to influence Cornwall Council’s debate.

Lezli Boswell, Chief Executive of Royal Cornwall Hospitals NHS Trust, said:

“It would not be appropriate for me to comment on the Options Appraisal as [the trust] has not been involved in the preparations process and also would not want to appear to be influencing the Council’s debate…”

Phil Confue, chief executive of Cornwall Partnership NHS Foundation Trust, said that the option for a BT joint venture appeared to offer to a real opportunity  to deliver value for money. But he made no commitment to the partnership even if Cornwall votes in favour of a deal with BT.  He said the trust did not want, as an NHS body, to lobby the council over its decision.

“The decision whether to pursue the Strategic Partnership will be made by
our Trust Board of Directors, once the Council has made its decision on the 11 December 2012.”

As the Cornwall options appraisal report concedes, health trusts have the option of outsourcing services to Shared Business Services, a successful shared services organisation run by Steria.

Comment:

Most of the councils that went into joint ventures with high hopes amid promises of large savings have become disillusioned. Such deals are characterised by an anxiety for a deal to be signed as soon as possible, followed by rising costs, lack of flexibility, high prices when there is a need for major legislative and organisational change, and the discovery that ending a contract early carries risks of disruption to services, high re-transitional expenses, legal action and sunk costs.

Some may wonder if the unforeseen rising costs of procurement – they have increased five-fold – may be a sign of what could happen with costs after a contract is in place.

Given the lessons from the growing number of joint venture failures, one would have thought that council officers would be suspicious of supplier promises.  Not at Cornwall. The officer-enthusiasts for the BT deal don’t mention any of the joint venture contracts that have failed. Indeed those officers prefer the claims of suppliers that failures are in the eyes of trouble-makers, media scaremongers and union activists.

Why does so much enthusiasm at the start of contracts dissipate once realities set in? Could it be that the best marketing people are the easiest to sell to? Do the officials that want success so much overlook or minimise the risks and past poor experiences of others?

Links to Cornwall Council’s options appraisal and agenda for 11 December council meeting on the blog of campaigner Cornwall councillor Andrew Wallis.

Cornwall’s joint venture procurement costs escalate

Success in outsourcing needs political stability says councillors’ panel

By Tony Collins

A group of councillors has found, after investigating several large local authority outsourcing contracts, that political stability may be a critical factor in successful deals.

Cornwall Council’s “Support Services Single Issue Panel” investigated outsourcing deals that involved Birmingham City Council (Capita), Liverpool City Council (BT),  Taunton Deane Borough Council (IBM), Suffolk County Council (BT) and South Tyneside Council (BT).

The panel is not,  in principle, against outsourcing. It found that,

“Information from other authorities has highlighted the importance of political stability for a project which will extend for many years. This has been the single most important lesson that they have learnt.”

In those councils that have an inherently stable majority of one particular
party, outsourcing has not necessarily been a problem. “Likewise it has not been an issue for those councils who have achieved a cross-party consensus, even where there has been a change of administration,” says Cornwall’s panel of councillors. But …

“For those councils who do not have a cross-party approach the process of going into a strategic partnership has caused significant problems; in some  cases a polarised membership which has also impacted on their staff…”

The finding indicates that the risks of a large-scale failure of outsourcing contracts at Cornwall and Barnet councils – where political dissent has been marked – could be greater than its officials realise.

Cornwall may outsource a range of services, including IT, to BT in a contract that is likely to be worth at least £200m, and possibly hundreds of millions of pounds more,  over 10 years.

Barnet has chosen Capita as its preferred outsourcing supplier as part of its “One Barnet” transformation programme. The plan includes outsourcing IT.

A need for cross-party support

The findings of Cornwall’s Single Issue Panel also suggest that the initial major decision to outsource may need a cross-party consensus to succeed..

“What has proved both corrosive and destructive is where a major decision has been made without the support of a substantial majority of members,” says Cornwall’s panel.

Cornwall Council is putting the major decision of its outsourcing deal with BT to the full council. A yes or no decision is expected in December.

But Barnet is going ahead with its major decision to award a large outsourcing contract to Capita without a vote of the full council, although dissent over the plans are widespread. An inner circle of councillors, the “Cabinet”, is expected to approve a deal with Capita 0n 6 December.

This is part of what Cornwall’s panel says on the importance of political stability to successful outsourcing deals:

“Throughout the investigatory work of the Panel the importance of political leadership has been consistently stressed.

“It has been regarded by most authorities as the single biggest activity to get right and failure of this function will at best lead to problems and at worst to failure of the partnership.

“The form of the leadership is in itself not important and both cross-party support and a stable base from one political party have both been effective…

Comment:

BT in Cornwall and Capita in Barnet have made promises of large savings which, understandably, makes some councillors and officers want to sign large, long-term outsourcing deals.

If suppliers provide money upfront for transformation projects this eases, or even releases, the burden on councillors and officers to make big cuts.

But how will BT at Cornwall and Capita at Barnet pay for savings, and for new investment in changes, if they fail to attract new business?

This was among the findings of Cornwall’s investigating panel of councillors:

“Members of the SIP [Single Issue Panel] have supported the investigation of ways in which jobs in Cornwall Council could be retained by trading shared services.

“All other authorities that have started with a similar ambition have failed to deliver that aspiration. In one case the business model was substantially reliant on trading and growth and has been in place since 2006.

“No significant trading has taken place and this is a similar story in all other authorities that the SIP has been in contact with.”

This finding shows how the promises of suppliers to attract new business can prove over-optimistic; but at least all of Cornwall’s councillors will have a chance to vote on a deal. Barnet is not giving its full council the same opportunity.

If Barnet’s officers and ruling members read Cornwall’s Single Issue Panel report they will be aware of evidence that it can be corrosive and destructive for a council to make a major decision without the support of a substantial majority of members.

If Barnet’s inner circle then goes ahead with making a major decision in the face of widespread and strong dissent among some staff and councillors, could its decision amount of maladministration if the subsequent deal turns sour?

One concern is that the suppliers may put up money in advance and charge for this – with interest – in the latter part of the contract, as in discredited PFI deals.

Today’s councillors and officers would have money for investment in the early stages of the contract. But they may leave future generations of councillors and officers with a legacy of large payments. The full facts should be known before any deal is signed.

Another concern is that the suppliers may rely on major legislative and organisational change – both of which are inevitable – to provide much of their profit.

If a future council does not want to pay the suppliers’ invoices for changes a dispute may arise, for which the suppliers will be much better prepared than the councils.

A further concern is that the savings promised by suppliers may be smaller than the savings the councils could make on their own,  with suppliers acting as consultants, for the costs of technology fall annually – as do some cloud services as competition increases. Again the facts should be known before any long-term deal with a single supplier signed.

It may also be important for officers at Cornwall and Barnet to be aware that Suffolk County Council has decided after its outsourcing deal with BT that it is better to outsource to multiple “expert” suppliers than a single one.

In Barnet the public needs to be able to hold those responsible for a major decision to account, if all goes wrong. The problem is that the individuals on any minority group that is responsible for a outsourcing decision today are unlikely to be in post when any dispute arises.

Links:

Councillor Andrew Wallis – The Single Issue Panel Releases its Third Report on the Support Services Proposals

Capita preferred bidder at Barnet

The Barnet Eye

Shared services disaster

Barnet’s undemocratic BT/Capita outsourcing plan?

By Tony Collins

Barnet Council is remarkably defensive about its plan to outsource IT, customer services, finance, payroll, HR, corporate procurement and other services to BT or Capita, by the end of December 2012.

After the controversy in Cornwall about whether the full council or an inner circle of councillors – the “Cabinet” – should make momentous decisions affecting the council’s future, Campaign4Change asked Barnet whether it was putting its decision to outsource to BT or Capita to the full council.

Cornwall’s decision on whether to outsource to BT or CSC was going to be taken by the Cabinet alone but Cornwall’s leader Alec Robertson changed course and decided to put the idea of a mega-outsourcing deal to the full council.

Straightforward question

So would Barnet council’s decision to award a mega-outsourcing contract to BT or Capita go to full council for a vote? It was a straightforward question for Nick Griffin, Media Officer, Chief Executive’s Service, Barnet Council. He did not answer the question directly.

His reply:

“There is quite a bit of information available on our website. Please see the links (at the bottom of this post)  …

But was the information on the council’s website out of date? We wanted to be clear on the facts. We asked Griffin again. His reply was polite but insistent: he would not say whether the council was putting its outsourcing decision on BT or Capita to the full council.

Neither would he answer directly another straightforward question on local democracy: Has the decision to approve/reject One Barnet [transformation programme] gone to full council for a vote?

From the council’s website it appears that all key decisions on the outsourcing plans have been made by Barnet’s Cabinet’s alone. This is from the council’s website:

“A decision will be made by Cabinet in late 2012 as to which bidder [BT or Capita] will win the contract. The new provider will start to run the NSCSO [New support and Customer Services Organisation] in spring of 2013.”

Barnet’s website lists as the relevant previous decisions those taken by the council’s Cabinet alone.

– Cabinet, 29 November 2010 – approved the One Barnet Framework and the funding strategy for its implementation.

– Cabinet …2 March 2011 – Customer Services Organisation and New Support Organisation Options Appraisal

– Cabinet … 29 June 2011 – approved the New Support and Customer Services Organisation business case and the start of the competitive dialogue process…

So one of the most momentous decisions affecting the council, its staff and council services is not being made by the full council.

Undemocratic?

Barnet Council comprises 38 Conservatives, 22 Labour, and three Lib-Dem councillors. Most of them will not have a say on the outsourcing of:

  • Customer Services
  • Estates
  • Finance and Payroll
  • Human Resources
  • IT Infrastructure and Support
  • Corporate Procurement
  • Revenues and Benefits
  • Commercial Services.

The decision will be taken by the Cabinet’s 10 councillors, and perhaps not all of them. Is this local democracy in action?

Accusations of Maladministration?

Given that the decision to outsource to BT or Capita could have a major effect on the council’s future for good or ill, and is controversial –councils including Suffolk and Cornwall are rethinking large outsourcing plans – could Barnet’s decision not to put its outsourcing plans to a vote of the full council leave the Cabinet open to accusations of maladministration if things turn sour?

Links provided by Nick Griffin (1)  (2)

Cornwall Council votes for more time to consider outsourcing plans

By Tony Collins

Councillors in Cornwall voted unanimously today (23 October 2012) for a joint venture with BT to be considered more carefully, and for other options to be investigated, without any pressure to finalise a deal by the end of next month, which was the original intention.

The motion passed by the council was that the “current proposals for shared services shall not progress to the ‘invitation to submit final tenders’ stage until they have been debated and unless approved by a meeting of full council”.

The motion called on the Chief Executive [Kevin Lavery] to “investigate fully and as a matter of urgency all reasonable methods of delivering council services covered by the proposals for the strategic partnership which addresses the need to make efficiency savings and generate income”.

Councillors expect Lavery to investigate a “thin” joint venture in which the council and a partner share ownership of a new company.  There would be no early, large scale transfer of Cornwall Council staff into the company.  Cornwall Council would continue to receive its shared services internally. As the joint venture company won new work  – if it did – staff would transfer into it.

Councillors also want Lavery to investigate an in-house option and forming a mutual, which would win the support of central government.

BT, meanwhile, has said it will keep its offer to the council open until the end of its financial year in March.  Jim Currie, Cornwall’s leader, has taken over responsibility for leading the shared services discussions. He says he wants more and better information on the proposals. Most of the information has so far come from BT which has “guaranteed” to save the council money, increase investment, transform services and add at least 500 jobs. In BT’s small print it points out that its commitments to the council are “draft” or, at this stage, “non-binding”.

At the full council meeting this morning one councillor called for an investigation into whether proceeding with one supplier BT – CSC having withdrawn from the bidding in part because of a “confused” political situation in Cornwall – would meet EC tendering rules.

Councillors have set no deadline on when they will come to a decision on the BT proposals or on other options.