Category Archives: Campaign4Change

Francis Maude boasts of £10bn savings but …

By Tony Collins 

This morning Cabinet Office minister Francis Maude held a press conference with his senior officials to announce that civil servants have radically changed the way they work to save £10bn in 2012/13.

The savings are nearly £2bn higher than originally planned and, according to the Cabinet Office, have been “reviewed and verified” by independent auditors.

With a little journalistic licence Maude says: “…we are on the way to managing our finances like the best-run FTSE100 businesses.”

The breakdown of the £10bn savings:

Procurement   £3.8bn
Centralisation of procurement for common goods and services  £1.0bn
Centrally renegotiating large government contracts  £0.8bn
Limiting expenditure on marketing and advertising, consultants and temporary agency staff   £1.9bn
Transformation savings   £1.1bn
IT spend controls and moving government services and transactions onto digital platforms  £0.5bn
Optimising the government’s property portfolio  £0.6bn
Project savings   £1.7bn
Reviewing performance of major government projects  £1.2bn
Taking waste out of the construction process  £0.4bn
Workforce savings   £3.4bn
Reducing the size of the Civil Service   £2.2bn
Increasing contributions to public sector pensions   £1.1bn

Comment

It’s good news and the figures don’t seem plucked out of thin air which sometimes happens when central government announces savings.

The big question is whether the savings are sustainable. Maude has inspired the Cabinet Office’s Efficiency and Reform Group to be motivated and hard-working. But bringing about long-term change in Whitehall – as opposed to restricting consultancy contracts and cutting annual costs of supplier contracts by reducing what’s delivered – is like peddling uphill. How long can you do it without losing motivation and energy? It’s not just parts of the civil service that are resistant to the savings agenda – it is also some IT suppliers, according to Government Computing.

It’s likely that only profound changes in central government operations and working practices will outlast the next general election. At the moment the civil service is like a rubber band that has been stretched a little. It wants to return to its standard shape, which the next government may allow it to do.

The National Audit Office said in its report in April 2012 on the Efficiency and Reform Group in 2011/12:

“Savings to date have differing degrees of sustainability.”

The NAO also said this:

“It is not fully clear how ERG intends to make the reforms necessary to secure enough savings over the rest of the spending review. ERG has yet to translate its ambition for saving £20 billion by 2014-15 into more detailed plans.

“ERG has made progress in developing strategies across its wide range of responsibilities, and is focusing on core activities likely to produce savings. However, until recently ERG’s focus has mainly been on the savings themselves, with less emphasis on delivery of the longer-term changes and improvement in efficiency necessary to make them sustainable.”

And this:

“Departments have still tended to lack a clear strategic vision of what they are to do, what they are not, and the most cost-effective way of delivering it. Much of departments’ 2014-15 savings are likely to come from further reductions in staff. Sustainability of these savings will depend on developing skills and working in new ways while maintaining staff motivation and engagement.”

But the NAO was generally positive about the ERG’s contribution to savings.

“ERG’s actions to date, particularly its spending controls, have helped departments deliver substantial spending reductions.”

We hope the Cabinet Office’s diligent efforts continue  – sustainably.

Efficiency and Reform 2012/13 savings. Summary report.

Some suppliers still resistant to change? – Government Computing.

Could HMRC have a major IT success on its hands?

By Tony Collins

It’s much too soon to say that Real-Time Information is a success – but it’s not looking  like another central government IT disaster.

A gradual implementation with months of piloting, and HMRC’s listening to comments from payroll professionals, software companies and employers, seems to have made a difference.

The Cabinet Office’s high-priority attempts to avoid IT disasters, through the Major Projects Authority, seems also to have helped, by making HMRC a little more humble, collegiate and community-minded than in past IT roll-outs. HMRC is also acutely sensitive to the ramifications of an RTI roll-out failure on the reputation of Universal Credit which starts officially in October.

On the GOV.UK website HMRC says that since RTI started on 6 April 2013 about 70,000 PAYE [pay-as-you-earn] returns have been filed by employers or their agents including software and payroll companies.

About 70,000 is a small number so far. HMRC says there are about 1.6 million PAYE schemes, every one of which will include PAYE returns for one or more employees. About 30 million people are on PAYE. Nearly all employers are expected to be on RTI by October 2013.

The good news

 Ruth Owen, HMRC’s Director General Personal Tax, says:

“RTI is the biggest change to PAYE in 70 years and it is great news that so many employers have started to report PAYE in real time. But we are under no illusions – we know that it will take time before every employer in the country is using RTI.

“We appreciate that some employers might be daunted by the change but …we are taking a pragmatic approach which includes no in-year late filing penalties for the first year.”

It hasn’t been a big-bang launch. HMRC has been piloting RTI for a year with thousands of employers. Under RTI, employers and their agents give HMRC real-time PAYE information every time the employee is paid, instead of yearly.

When bedded down the system is expected to cut administrative costs for businesses and make tax codes more accurate, though the transitional RTI costs for some businesses, including training, may be high and payroll firms have had extra costs for changes to their software.

RTI means that employers don’t have to complete annual PAYE returns or send in forms when new employees join or leave.

The bad news

The RTI systems were due to cost £108m but HMRC’s Ruth Owen told the Treasury sub-committee that costs have risen by tens of millions:

“… I can see that it [RTI] is going to cost £138m compared with £108m. I believe that is going to go up again in the scale of tens of millions.”

She said that in October 2012.

Success?

The Daily Telegraph suggested on Monday that RTI may be “ready to implode”.

But problems with RTI so far seem to be mainly procedural and rule-based – or are related to long waits getting queries answered via the helpline – rather than any major faults with the RTI systems.

In general members of the Chartered Institute of Payroll Professionals report successes with their RTI submissions, and some comment on response times being good after initial delays at around the launch date.

Payroll software supplier Sage says the filing of submissions has been successful. There was a shaky start, however, with HMRC’s RTI portal being under maintenance over the weekend.

Jonathan Cowan from the Sage Payroll Team said: “There was understandable confusion and frustration over the weekend with businesses unable to file due to HMRC site issues.”

Accountingweb’s readers have had many problems – it said RTI “stumbled into action –  but few of the difficulties are, it seems, serious. “Have I missed something, but RTI despite all the commotion doesn’t seem that bad,” says an accountant in a blog post on the site.

Payrollworld says RTI problems have been minor. “The launch of Real Time Information (RTI) has encountered a number of minor issues, though payroll suppliers broadly report initial filing success.”

Comment

It’s not everyday we report on a big government IT project that shows signs of succeeding. It’s too early to call RTI a success but it’s difficult to see how anything can go seriously wrong now unless HMRC’s helplines give way under heavy demand.

It’s worth remembering that RTI is aimed at PAYE professionals – not the general public as with Universal Credit. Payroll specialists are used to solving complex problems. That said, RTI’s success is critical to the success of Universal Credit. A barrier to that success has, for now, been overcome.

Perhaps HMRC’s RTI success so far shows what a central department can achieve when it listens and acts on concerns instead of having a mere consultation; and it has done what it could to avoid failure. They’re obvious precepts for the private sector – but have not always in the past been characteristics of central government IT schemes such as the NPfIT.

Thatcher’s forgotten part in Chinook campaign for justice

By Tony Collins

Today’s coverage of the death of Margaret Thatcher leaves out one not-so-little thing: her unlikely support for a House of Lords inquiry into the blaming of two dead pilots for the crash of a Chinook helicopter on the Mull of Kintyre in June 1994.

Her support was unexpected because it went against the military establishment, particularly chiefs within the RAF and MoD who were convinced that the pilots of Chinook ZD576 caused a crash which killed 25 senior anti-terrorist officers working in Northern Ireland and four crew.

In a finding that the pilots were grossly negligent, two air marshals argued that flight lieutenants Rick Cook and Jonathan Tapper had flown a serviceable Chinook Mk2 helicopter into the landmass of the Mull of Kintyre in bad weather.

But the fathers of Cook and Tapper argued there were doubts over the cause of the crash. There were no black boxes and much of the helicopter was destroyed in a fireball. A campaign to have the finding set aside gained support among senior Parliamentarians, in part because of concerns over the airworthiness of the helicopter.

A day before the crash, trials pilots had ceased flying the Chinook Mk2 because of unanswered questions over a newly-fitted software-controlled “Fadec” system which controlled fuel to the Chinook’s two jet engines.

Rick Cook and Jonathan Tapper had both expressed concerns to colleagues about the Fadec. The system had caused engines to surge or run down unexpectedly without leaving a trace of its unpredictable behaviour, despite internal fault self-diagnoses. EDS (now HP) had abandoned a review of the Fadec software because there were so many anomalies.

In the House of Lords on 30 April 2001 peers debated for more than two hours a motion to set up an inquiry of their own into the crash. Dozens of peers opposed the motion, saying that a committee of the House of Lords would not be technically competent to question the findings of two air marshals.

Indeed a Liaison Committee of the House of Lords recommended that peers refuse to set up an inquiry. Some peers said it could set an unfortunate precedent: peers could then start questioning the findings of other boards of inquiry such as the one into the King’s Cross fire.

But Lord Chalfont, a tenacious campaigner for the Cook and Tapper families, put a motion that asked peers to reject the recommendations of the Liaison Committee. He called for the House of Lords to appoint a committee of five members to “consider the justification for the finding of those reviewing the conclusions of the RAF board of inquiry that both pilots of the Chinook helicopter ZD576 which crashed on the Mull of Kintyre on 2nd June 1994 were negligent”. 

Lord Craig, who spoke against setting up an inquiry, said during the debate, “This is a tough call: to meet the interests of the deceased pilots and their families, or to meet the interests of the service. I feel duty bound to support the interest of the service.

“It is inappropriate to set up an inquiry into the professional judgment of the Air Marshals. At the end of the day, it is their professional judgment on which we must rely, not only in this sad case but on so much else that they do in their capacity as senior officers of the Armed Forces.”

But Lord Chalfont argued that if the House of Lords voted against an inquiry it could destroy any chance of justice for the two pilots. 

In the vote, Baroness Thatcher was among 132 peers who supported Lord Chalfont’s motion for an inquiry – 106 voted against.

Speaking after the vote Lord Chalfont said, “I had support from all sides of the House. Mrs Thatcher supported and congratulated me on the result. She is really on our side.”

Comment

It’s not for me to judge the decisions Margaret Thatcher made in her career other than to say that her support for Lord Chalfont’s campaign for a House of Lords inquiry over the Chinook crash was brave, timely and welcome.

Her support might have been an important influence on some in the Conservative Party, including David Cameron. Several years after the House of Lords inquiry – which called the finding of gross negligence against Flt Lts Cook and Tapper to be set aside – Cameron promised that if his party won power it would to set up a judge-led inquiry into the crash.

Cameron kept to his promise and in 2011 the then Defence Secretary Liam Fox  apologised to the Cook and Tapper families. An independent review under retired judge Lord Philip had spent nine months looking at the evidence and decided that the finding of gross negligence should be set aside.

Fox told the House of Commons that he had written to the relatives of the pilots  to apologise for the distress caused to them by the RAF’s original findings that they were guilty of “gross negligence”.

The controversy goes on. Some former RAF officers and military specialists want to know why operational pilots were expected to fly the Chinook MK2, of the type that crashed on the Mull, at a time when the Mk2 was not considered airworthy by the RAF’s own safety experts.
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Somerset County Council settles IBM dispute – who wins?

By Tony Collins

Somerset County Council has settled a High Court legal dispute with IBM-led Southwest One. It will bring some services back in-house.

The Conservative leader of Somerset council John Osman said, “This agreement will save Somerset residents millions of pounds and will make the contract fit for the future.”

Osman added that the agreement involves settlement of Southwest One fees, which the council had been withholding, for a mutually- agreed sum.

“Most importantly the cancelling of the gainshare agreement will save Somerset County Council residents millions of pounds in the future as those sums can now be kept by the Council,” said Osman.

But as the deal includes payment of an undisclosed sum by the council to Southwest One it is unclear which side is the beneficiary in the dispute. [See Dave Orr comment on this post.]

The council says the settlement will bring benefits for the council including securing “greater strategic control and capacity back with SCC  in terms of Procurement, Property and ICT”.

The agreement also “removes some barriers to ensure successful delivery of our Change Programme – with greater alignment to the operating model, commissioning capacity, service reviews, and technology enablers.”

And the settlement allows officers to focus on improving services rather than on a series of disputes.

Southwest One had issued a writ against the council – what the authority calls a “substantial claim” – and a date for a High Court hearing was set provisionally for November 2013.  Yesterday [March 27 2013] the council agreed to settle the High Court claim, and an unspecified number of other disputes.   

IBM, Somerset County Council, Taunton Deane Borough Council, and Avon and Somerset Police set up Southwest One as a joint venture company in 2007.  IBM  owns 75% of the company.

Somerset’s officers said in a report yesterday:

“Following a series of discussions between the Council and Southwest One we are now in a position to settle the disputes and the Procurement legal proceedings against SCC will cease.

“The agreement includes a settlement payment to SWO which is substantially lower than the claim against SCC and releases payments to SWO that were held by SCC as part of the dispute.”

Somerset County Council will take back several services and about 100 people who had been seconded to Southwest One. The council says that taking back staff and services will “reduce the potential for further disputes and align those services much closer to the operating model the Council has adopted”.

Services returning to SCC include:

• Strategic and Operational Procurement
• Property Services
• Estates Management
• ICT Strategic Management including some web management posts
• Some business support posts for the above functions

The council says there will be little change in day to day activities and no changes to locations of staff. Somerset’s staff will have their secondments terminated and revert to the council’s terms and conditions.

The High Court action was because of a disagreement  about the quality of Southwest One’s procurement service and what payments Southwest One was entitled to as a result of savings made through the joint venture.

Secrecy

Whereas a High Court hearing would have been open to the public, the sum paid by Somerset to IBM as part of the settlement,  and the risks of bringing staff and services back in-house, are being kept confidential because of what the council calls “commercial sensitivity”.

Risks

Some of the settlement’s main risks for the council are listed in yesterday’s report:

• The confidential nature of the discussions held to secure an agreement has
meant that full consultation with a wide range of officers and partners has not
been possible.
• The transfers of staff and functions will take place during the new financial
year. The proposed transfers create some risk due to SAP changes required.
• There will be some risks in the hand-over of programmes of work.
• Despite all efforts to mitigate risks to services, it is possible that some
disruption may occur. Transition workshops are planned to identify and preempt such instances, which significantly reduces the risk.
• Implications for partners have also been estimated. It is possible that partners
may take a different view of the implications for them.

Blame

Osman blamed the previous Liberal Democrat administration for the problems which he said were owing to the way the contract was worded, the actions of the previous Lib Dem administration transferring services to Southwest One that should never have transferred and the failure to clarify the savings sharing element of the agreement. Osman said this was the “equivalent of the Lib Dems writing a blank cheque”.

The 10-year joint venture, which started in 2007, will continue. 

Comment:

As the terms of the settlement and the risks associated with transferring staff and services back in-house are being kept secret nobody outside an inner circle of the council can know how bad the joint venture and the dispute have been for Somerset council’s taxpayers.

If anything is clear it is that IBM held the dominant legal hand all along. It issued a High Court claim, and now it has received a payment from the council.

It seems to be a feature of big council outsourcing deals and joint ventures that councillors are easily swayed by promises of enormous savings, often upfront savings, and are not too concerned about the risk of things going wrong because they won’t be in office when or if any mud hits the fan.

Yesterday Cornwall Council’s Interim CEO, along with the Chairman of Cornwall Partnership Foundation Trust and the Director of Finance at Peninsula Community Health signed a contract for a joint venture with BT.

As Andrew Wallis, an independent councillor in Cornwall, says

“Lets hope the Council does not regret this day.”

The Southwest One joint venture was flawed joint venture from the time a rushed contract riddled with literals was signed in the early hours of a Saturday morning in 2007.  For years afterwards, Somerset Council has been trying to dig itself out of a hole. It is now near the surface – except that yesterday’s council report says there is a potential for further disputes. 

Will other councils learn from Somerset’s experiences? Cornwall’s deal shows that any learning will be very limited.

And the secrecy that tends to go with big outsourcing deals and joint ventures means that a small group of councillors can sign joint ventures and outsourcing contracts without proper accountability  – and can settle any legal disputes later without accountability, and indeed with impunity.

Whenever a  major supplier offers a council large upfront savings from an outsourcing deal or a joint venture why would the authority’s inner circle of councillors say no?

Thank you to campaigning Somerset resident and former county council employee Dave Orr who provided the links and information that made this post possible.

Francis Maude –“unacceptable” civil service practices

By Tony Collins

Francis Maude laments civil service inaction over a cabinet committee mandate for centralising procurement. It “corrodes trust in the system”.

Gus O’Donnell, the former head of the civil service,  confronted Francis Maude, the Cabinet Office minister in charge of civil service reform, on BBC R4’s In Defence of Bureaucracy last week.

The irreconcilable differences between O’Donnell and Maude were obvious and may be a sign of how difficult it will be for the minister to make lasting and deep cuts in IT-based spending, simplify overly complex processes, and reduce duplication.

O’Donnell spoke of the virtues of the civil service that have served the country for more than a century, particularly its impartiality.  But Maude said the “value of impartiality can sometimes turn into indifference”.

O’Donnell said: “We need to be proud and passionate about the public sector ethos…” and confronted Maude for saying things about the civil service “that are not always totally positive”.

Indeed Maude said,

“Most of the civil servants I deal with are terrific, work hard and do really good work.  It is not universal.”

O’Donnell then confronted Maude for saying that ministers in this and previous government have too often found that decisions they have made don’t get implemented. Is that the fault of ministers or civil servants, asked O’Donnell.

“I’d be astonished if it’s ministers,” said Maude who added,

“ I had a meeting the other day around this table …  where a decision was made by a cabinet committee, more than a year ago, on the centralising of procurement. It had happened to a very minimal extent.

“If there is a problem with it, that can be flagged up and tell us. Just to go away and not do it is unacceptable … it is protection of the system. This is the speaking truth unto power thing. What is unacceptable is not to challenge a ministerial position but then not to implement it. That is what corrodes trust in the system.”

About £230bn a year – nearly a third of everything government spends – is on public sector procurement.  In 2010, Nigel Smith, then CEO of the Office of Government Commerce, spoke to the “Smartgov” conference about the need for major reform in the way government buys things.

He spoke of the need for re-useable software, open source if possible, and said that suppliers regularly use fragmentation within government to maximise profits. “This has got to change,” says Smith.

He said there were 44,000 buying organisations in the public sector which buy “roughly the same things, or similar things, in basic commodity categories” such as IT and office supplies.

Massive duplication

He spoke of “massive duplication”, high tendering costs on suppliers, and a loss of value due to a lack of true aggregation. He said suppliers had little forward look of opportunities to tender and offer innovative solutions for required outcomes.

“Contract management with supplier relationship management is inconsistent, with too little attention paid to continuous improvement and benefits capture within contract.

“The opportunity to improve outcomes and efficiency gains should not be constrained by contract terms and innovations should not stop at the point of contract signature.

“If we miss this opportunity [to reform] we need shooting.”

So it is clear procurement [and much else] needs reforming. But in the R4 broadcast last week (which unfortunately is no longer available) O’Donnell portrays a civil service that is almost as good as it gets.

He speaks of its permanence in contrast to transient ministers. His broadcast attacks the US system of government in which public service leaders change every time there is a new government.  The suggestion is that the US system is like a ship that veers crazily from side to side, as one set of idealogues take the captain’s wheel from another. O’Donnell implies that in the UK civil service stability lasts for decades, even centuries.

The virtues he most admires in the UK civil service are what he calls the 4 “Ps” – Pace, Passion, Professionalism and Pride.  His broadcast speaks of the UK civil service as a responsible, effective, continual and reliable form of administration.  

Comment

O’Donnell’s most striking criticism of Maude’s intended reforms of central government goes to the heart of what Maude is trying to do: change what is happening in departments.

When, in the broadcast, Maude suggested that civil servants were not challenging ministerial decisions and were not implementing them either, O’Donnell replied that Maude was “overstating the issue”. But O’Donnell went much further and added a comment that implied Maude should leave departments alone.

O’Donnell said

“These sorts of problems mainly arise when ministers at the centre of government want to impose their will on secretaries of state who want to be left alone to run their departments as they see fit.”

Is O’Donnell giving permanent secretaries and departmental ministers his support if they continue to snub Cabinet Office reforms?

It is hardly surprising Maude is a bundle of frustrations. Central government administration cannot be reformed if departments have the autonomy to refuse to implement decisions of a cabinet committee.

It is ironic that cabinet committee decisions are binding on the entire Cabinet – but not, it seems, on departments.

Perhaps the gap between political and civil service leaders at the centre, and senior civil servants in departments, is as irreconcilable as ever. Today’s UK civil service is more than ever “Yes Minister” without the jokes.  Should this be the dysfunctional basis for coalition reforms of central government?

Perhaps this explains why Maude is trying to implement open standards, make government procurement friendly to SMEs and encourage the use of G-Cloud while the Department for Work and Pensions and the Foreign and Commonwealth Office are  agreeing new mega-contracts,  with the same handful of monolithic suppliers.

Sir Jeremy Heywood, the current Cabinet Secretary,  is perhaps a little more Maude-friendly than O’Donnell when he says in the R4 broadcast,

“There are lots of things we need to do better. Too many projects that we undertake are delayed, are over budget and don’t deliver on all the benefits that were promised. We are not as digital as the most effective private sector organisations are. We have been slow to embrace the digital revolution.”

Fine words. But if a cabinet committee’s decision on centralising procurement has little effect, how is Sir Jeremy going to convert his words into action? Or Francis Maude’s?

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.

Does a Mid Staffs culture still pervade the NHS?

By Tony Collins

The Francis report on Mid Staffordshire NHS Foundation Trust highlighted appalling record-keeping among other problems.

One of the case studies in the report was that of an insulin-dependent diabetic, Gillian Astbury,  who entered Cannock Hospital for a urinary tract infection, had a fall in the hospital, was discharged, and later admitted to Stafford Hospital on 1 April 2007 because of bones she damaged in the fall. She died ten days later, probably after not being given insulin.

Francis highlights the lack of records on her need for insulin. There was a “failure to keep nursing records adequately or at all … there was a failure to comply with professional guidelines on note taking …”

Astbury’s partner Ron Street told hospital staff that she was diabetic, a point which went into her medical notes – initially.  But, said Francis,  nursing records for Astbury were almost non-existent.

“There is no evidence of what care took place … during interview nursing staff admitted that they did not check or read the notes regularly (if at all) and there was no linkage with notes from other wards …” 

Francis’s recommendations included a call for trust staff and managers to be open and accountable when things that go wrong.

This isn’t happening.

Campaign4Change picked an NHS trust to test whether the pre-Francis culture still prevails: whether there is the same old secrecy and defensiveness over standards of record-keeping, and whether positive news suffocates real and potential problems in trust board reports.

North Bristol NHS Trust

North Bristol NHS Trust has a chronic problem with record-keeping. It installed the Cerner Millennium electronic patient record system in December 2011, prompting a “crisis”.

Later the trust’s PR officer said in response to an FOI request that there had been 16 clinical incidents in two months relating to the new electronic patient record system. “These were all clinical incidents where the new system was cited as a causal factor, such as wrong patient wrong notes, lack of notes, incorrect clinic list,” she said.

She added:  “However our robust safeguarding processes, as well as additional checks and balances in all departments, ensured that clinical safety was not compromised and no patients were put at risk. Our priority is always patient safety and there is no indication that this has been affected.”

Last year North Bristol asked PWC to review the Cerner implementation. In its report PWC claimed that the “Trust is now beginning to move out of the crisis and return to normal operations”. That was in July 2012.

The Trust has still not returned to normal operations. Last month the Department of Health singled out North Bristol as one of only two trusts in England that failed to submit to the DH “incomplete RTT” pathway data. Incomplete pathway data refers to patients still waiting for consultant-led treatment. RTT means referral to treatment.

In August and September 2012 North Bristol was the only trust in England that failed to submit to the DH “incomplete RTT” pathway data.

Trust’s “numerous difficulties”

With little explanation, a North Bristol trust board paper in January this year referred to numerous difficulties relating to IT systems. This was in the context of an increasing number of overdue responses to complaints from patients. Said the board paper:

“Difficulties with appointment bookings and notification letters are still numerous. These are all reported to IM&T.” Again with little explanation another North Bristol board report, in November 2012, referred to “ongoing pressure in Cerner recovery …”.

So what are the Cerner problems, why have they continued for more than a year and has the North Bristol Trust’s board of directors been properly informed about them?

To test North Bristol’s openness on its Cerner problems I asked the Trust’s press officer and its media relations manager whether they could send me any trust report on the problems with the Cerner implementation.

Two days later they said that “some patience would be appreciated” but declined to say when they would respond to my question, so I asked it under FOI. The Trust gave no acknowledgement.

Perhaps North Bristol is too busy to deal with external questions and challenges on its record keeping. But that was one of the big problems highlighted by Francis in his report on Mid Staffs: that the Trust did not respond to external questions and challenges.

Worryingly, North Bristol’s reporting culture seems to prefer the positive over the negative.  This was one of its replies to an FOI request in 2012:

“With respect to inpatients, during November (before the implementation of Cerner) 40 patients were cancelled on the same day as admission for non-clinical reasons. During December (after the implementation of Cerner) 33 patients were cancelled on the same day as admission for non-clinical reasons – 7 fewer than in November.”

This reply – and others  – gave the impression, without giving contextual evidence,  that things were better since the Cerner implementation than before.

Francis in his report on Mid Staffs said,

“… for all the fine words printed and spoken about candour, and willingness to remedy wrongs, there lurks within the system an institutional instinct which, under pressure, will prefer concealment, formulaic responses and avoidance of public criticism.”

This would, it seems, apply to North Bristol – and every one of the other NHS trusts that have had electronic patient record implementations go wrong.

Indeed it is unfair to pick on North Bristol. The positive tone of its board reports is standard practice for trust board reporting across the NHS in England.

Francis said the NHS needs to change. In his letter to Jeremy Hunt on his report, Francis referred to an “institutional culture which ascribed more weight to positive information about the service than to information capable of implying cause for concern”.

But can NHS boards change in the absence of compulsion?

Audits of trust board reports?

One thing Francis did not suggest was that trust boards should have their board reports audited independently for honesty and openness.  An audit would detect an overly buoyant tone that downplayed concerns.  “There were 5 serious falls in December an increase of 3 from November. There were 185 falls in December compared to 139 falls in November, which had the lowest number of falls in one month this year.”

This was from a North Bristol board report that gave no explanation of the five serious falls. But the report made the point that November (2012) had the lowest number of falls in one month this year. If you were among the five who’d had a serious fall in hospital – and in Gillian Astbury’s case a fall in Stafford Hospital led to her death – you would probably want the trust’s board to focus on an analysis of the five serious falls, rather than be told how good a month November was for falls.

Board reports are a window on the culture of a public sector organisation. In the NHS nobody in authority seems not to have noticed that an American corporate positivism pervades many NHS board reports.  It’s within this culture that needless deaths such as those at Mid Staffs went unnoticed.

Until NHS trust board reports become more business-like and deal with concerns and potentially serious problems as would a private sector board – instead of giving the impression that they are trying to celebrate so-called achievements – the Francis report may make little difference.

North Bristol’s apparent unwillingness to disclose any detail of its Cerner problems – perhaps to its own board – is to be expected; but that natural reluctance to disclose may be symptomatic of one of the NHS’s biggest problems. The unnecessary deaths at Mid Staffs will be for nothing if the NHS does not change in the light of the Francis report. Complacency, arrogance, a preoccupation with good news and a culture of downplaying or even trying to ignore bad news are the enemy. Unless a board approach of honesty and openness is independently audited and enforced, Francis’s recommendations may bring little lasting change.

Shouldn’t David Nicholson stay?

By Tony Collins

Sir David Nicholson seems to have a glass half-full view of life as the Chief Executive of the NHS. Perhaps unfairly there are calls for him to resign over the deaths at Mid Staffordshire NHS Foundation Trust.  He says he did not know what was happening there.

But he was wrong to suggest the problems at Mid-Staffs were not systemic. Fourteen hospitals are being investigated for unusually high death rates.

Nicholson was also wrong in 2007 when he gave a reassuring briefing to the then prime minister Tony Blair on the state of the National Programme for IT. The paper on which his briefing was based was supposed to have been a secret but it was mistakenly put on the web then removed. I kept a copy.

It showed a bar chart that implied that the main elements of the NPfIT were complete.  It said that,

“ … much of the programme is complete with software delivered to time and to budget”.

That wasn’t correct then, or today – which is six years later. The main element of the NPfIT, a national electronic health record, does not exist. Arguably the NPfIT is one of the worst IT-related disasters of all time – and Sir David Nicholson remains its official Senior Responsible Owner. He has defended the NPfIT even after coalition ministers criticised it.

He also personally rejected a call by 23 academics in 2006 for an independent review of the NPfIT. When I was in his company a few years ago he said (politely) that he would not put the idea of an independent review to his ministers.

So why shouldn’t he go? The resignation of one man over pervasive cultural problems within the NHS could be an irrelevance, a harmful distraction. It could imply that the NHS is cured of the pervasive cultural problems highlighted by Francis in his report on Mid Staffs.

Perhaps Nicholson should stay because he is a reminder that the health service’s senior management doesn’t really change however many times new governments impose reorganisations. Particularly at trust board level directors keep the same principles of defensiveness and denial when things go wrong. Nicholson, perhaps, should remain as a symbol of what is wrong with the NHS.

If he resigned, his successor would most likely be appointed by a panel that would be attracted to the virtues Nicholson displayed at his interviews for the job of NHS Chief Executive. In other words Nicholson may be replaced by someone very similar – someone who would, at heart, defend the NHS, and particularly the Department of Health, against whinging outsiders including politicians, the media and patients.

Does a Mid Staffs culture still pervade the NHS?

Cabinet Office’s procurement reforms start to pay off

By Tony Collins

Attempts by the Cabinet Office to reform the way central government buys goods and services are beginning to pay off says a report of the National Audit Office today. SMEs are also winning a larger share of government business, says the report.

“The current procurement strategy is the most coherent approach to reform to date,” says the NAO in its report Improving government procurement. “The creation of a Chief Procurement Officer and associated positions has formed clearer lines of responsibility at the centre, and there is now a mandate for departments to use central contracts.

“The Government Procurement Service has improved capability and functionality as the delivery body for centralised procurement, having undergone positive changes from its legacy organisation, Buying Solutions.

There will be significant benefits to government if this approach is implemented successfully. The strategy outlines potential savings for government through better-negotiated central deals, aggregation of demand and standardisation of requirements. Centralisation should also enable procurement resource savings in departments.”

SMEs

Some SMEs are benefitting from the Cabinet Office reforms. Says the NAO, “The government aspiration to achieve 25 per cent of spending with SMEs by 2015 has opened up opportunities; the proportion of expenditure with SMEs has increased from 6.8 per cent in 2010-11 to 10 per cent in 2011-12. However, the poor quality data on SMEs means that these figures are difficult to verify…”

Savings

Central government, excluding the NHS, spent around £45bn buying goods and services from third parties in 2011-12. This has fallen from £54bn in 2009-10, adjusting for inflation. The NAO also says, “We have confidence in GPS’s reported £426m savings for central government in 2011-12 through reduced prices.”

Cabinet Office doesn’t enforce its will

The report highlights a fundamental problem that limits all attempts by the Cabinet Office to cut the costs of spending on IT and other goods and services: it does not enforce its will, and departments still have accountability to Parliament for their spending.

“Current mechanisms do not address the inherent tension between the mandate for government departments to use central contracts, and departmental accountability for expenditure and operational risk,” says the NAO. “The mandate is not enforced, and there are no sanctions in place if departments do not comply.

“The Cabinet Office does not hold departments to account for transferring expenditure to the central contracts, and for reducing their own procurement resources. As service users, departments are largely unable to hold the Government Procurement Service to account for performance. Governance structures have grown organically, resulting in duplication between groups and boards, and their purpose and remit are unclear.”

The NAO concludes that “either the Cabinet Office will need to create more potent levers, or it will have to win ‘hearts and minds’, and demonstrate that it has the capability and capacity to deliver a high‑quality central procurement function.”

Comment:

If winning hearts and minds is the Cabinet Office’s preferred route – instead of sanctions – reforming central government will be a long and slow process, and the will to reform may in any case evaporate after the next general election. A hint that changing central government is like pulling teeth comes in a blog post on the Government Digital Service which mentions efforts to persuade officials in central departments to move their websites to a single central website, GOV.UK.

Kathy Settle, Deputy Director at GDS, refers in her post to “exemptions bids”, in which government organisations make a bid to keep their own websites and not move onto GOV.UK. She hints that the negotiations with some departments and agencies have been long and difficult.

Settle says, “We have looked at this a number of times now over the last few months. Wednesday was the final day where we actually made the decision about who is on and who is off. We have now got a big list of organisations that need to move by April 2014.”

If it is proving impossible to move all government websites to GOV.UK – which is not a ground-shaking change –  what hope is there for a major simplification and reform of central government IT-based administration?

That said Francis Maude and his colleagues at the Cabinet Office should be congratulated for the reforms that are starting to work, evidence for which is in today’s NAO report. To make a big difference though, the Cabinet Office will need to enforce its mandates.

As MP Richard Bacon puts it,

“The Cabinet Office is now making some real progress in improving government procurement. Lines of responsibility are now clearer than in the past and it is welcome that more small and medium-sized enterprises are winning government business.  Big names do not necessarily mean best value.

“There is much the Cabinet Office still needs to do to get the most out of these reforms …[it]  needs to decide whether it is ultimately more likely to get results from obstinate departments through persuasion or compulsion”.

NAO report: Improving government procurement.