Category Archives: Gateway reviews

Post Office IT scandal makes legal history – and now prosecutors will come under scrutiny

By Tony Collins

The Post Office Horizon IT scandal became part of legal history yesterday when the Criminal Cases Review Commission referred an unprecedented 39 potentially unsafe criminal convictions to the Court of Appeal.

The grounds for referral were “abuse of process” – a term that suggests the  integrity of the criminal justice system might have been compromised.

Helen Pitcher, chairman of the Criminal Cases Review Commission, said in a statement yesterday: “This [39 applicants] is by some distance the largest number of cases we will ever have referred for appeal at one time.”

The 39 convictions were for theft, fraud and false accounting. They are being referred on the basis of an argument that “each prosecution amounted to an abuse of process”.

The Commission did not explain what it meant by “abuse of process” but the Crown Prosecution Service gives general guidance on what the term means.

In exceptional circumstances, an “abuse o process” is cited by courts when they intervene to stop a prosecution because of “bad faith, unlawfulness or executive misconduct”.

The term “abuse of process” has been defined as “something so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respect a regular proceeding”.

It can also refer to a past prosecution that was manifestly unfair for reasons that have only since become apparent.

The Criminal Cases Review Commission is a statutory body set up to review suspected miscarriages of justice. Its commissioners have been looking at the safety of convictions that were based on evidence from the Post Office’s Horizon branch accounting system.

The commissioners have taken into account judgements in civil court trials related to the Horizon system. The judge managing the trials,  Mr Justice Fraser, found that the Post Office tried to mislead him about the Horizon system. Flaws in Horizon were kept hidden while the Post Office wrongly pursued sub-postmasters for money they did not owe.

Using its power to prosecute without using the Crown Prosecution Service, the Post Office prosecuted dozens of former sub-postmasters citing evidence from Horizon. Mr Justice Fraser found that Horizon was not as robust as the Post Office said it was.

Yesterday’s announcement of the 39 referrals is likely to put the legal spotlight on the Post Office prosecutors. The Appeal Court may consider questions of whether the integrity of the  criminal justice system has been compromised.

A Post Office statement yesterday on the referrals said,

“The Post Office has been assisting the Criminal Cases Review Commission since applications were first made to them by a number of former postmasters. We have always accepted our serious obligations and responsibilities to the Commission’s work.

We have not yet received statements of reasons from the Commission about the referrals they are making to the Court of Appeal.  We will be looking carefully at the Commission’s decision when we have that information and continue to fulfil all their requirements of us.

“We have also been doing all we can to ensure that, in the light of the findings in the Horizon judgment, further disclosure is provided as appropriate in other cases where Post Office acted as prosecutor, not just those reviewed by the CCRC.  The CCRC’s reasoning will be applied to those cases, which are being reviewed by an external team of criminal lawyers.

“We won’t be commenting on individual cases, because it would be inappropriate to prejudge the outcome of the important work that the CCRC is continuing to do or the Court of Appeal’s processes.”

Comment:

Imagine if the Department for Work and Pensions mistakenly sent bills to large numbers of benefit claimants for tens of thousands of pounds they did not owe because of a faulty computer system; and then, when the distressed claimants could not afford to pay the phantom debts, the DWP took them to court, made them bankrupt and took away their homes and livelihoods.

In the Post Office’s case, it is an injustice that has been allowed to continue nearly two decades. And it has gone entirely unpunished, without fair compensation being paid.

But now that the Post Office Horizon scandal has made legal history, perhaps the civil service will take more seriously calls among MPs, peers and former sub-postmasters for a judge-led inquiry.

Until now, civil servants have regarded the scandal as a skin irritant that could be cured by applying a little soothing ointment.

The Criminal Cases Review Commission has shown it is taking the injustices seriously, as have Boris Johnson and the civil courts.  Civil servants could follow reluctantly, as if they were waiting for instructions from the Post Office. Or they could lead.

Thank you David Orr for emailing a link to the BBC story.

Post Office reviews more prosecutions – Nick Wallis

Sub-postmaster convictions to be considered by Court of Appeal – Computer Weekly

 

Civil servant in charge of £9.3bn IT project is not shown internal review report on scheme’s failings.

By Tony Collins

“If people don’t know what you’re doing, they don’t know what you’re doing wrong” – Sir Arnold Robinson, Cabinet Secretary, Yes Minister, episode 1, Open Government.

Home Office officials kept secret from the man in charge of a £9.3bn project a report that showed the scheme in serious trouble.

The Emergency Services Network is being designed to give police, ambulance crew and firemen voice and data communications to replace existing “Airwave” radios.  The Home Office’s permanent secretary Philip Rutnam describes the network under development as a “mission-critical, safety-critical, safety-of-life service”.

But Home Office officials working on the programme did not show an internal review report on the scheme’s problems to either Rutnam or Stephen Webb, the senior responsible owner. They are the two civil servants accountable to Parliament for the project.

Their unawareness of the report made an early rescue of the Emergency Services Network IT programme less likely. The scheme is now several years behind its original schedule, at least £3.1bn over budget and may never work satisfactorily.

The report’s non circulation raises the question of whether Whitehall’s preoccupation with good news and its suppression of the other side of the story is killing off major government IT-based schemes.

With the Emergency Services Network delayed – it was due to start working in 2017 – police, ambulance and fire services are having to make do with the ageing Airwave system which is poor at handling data.

Meanwhile Motorola – which is Airwave’s monopoly supplier and also a main supplier of the Emergency Services Network – is picking up billions of pounds in extra payments to keep Airwave going.

Motorola may continue to receive large extra payments indefinitely if the Emergency Services Network is never implemented to the satisfaction of he emergency services.

EE is due to deliver the network component of the Emergency Services Network. Motorola is due to supply software and systems and Kellogg Brown & Root is the Home Office’s delivery partner in implementing the scheme.

Has Whitehall secrecy over IT reports become a self-parody?

The hidden report in the case of the Emergency Services Network was written in 2016, a year after the scheme started. It said that dialogue between suppliers, notably EE and Motorola, did not start until after the effective delivery dates. Integration is still the main programme risk.

MP SIr Geoffrey Clifton Brown has told the Public Accounts Committee that the report highlighted an absence of clarity regarding dependency on the interface providers, which caused something of an impasse.

He said the report “alluded to the fact that that [a lack of clarity around integration] remains one of the most serious issues and is not showing any signs of resolution”.

Stephen Webb has been in charge of the project since its start but he is the business owner, the so-called “senior responsible owner” rather than the programme’s IT head.

In the private sector, the IT team would be expected to report routinely to a scheme’s business owner.

But in central government, secrecy over internal assurance reports on the progress or otherwise of major IT-related projects is a Whitehall convention that dates back decades.

Such reports are not published or shared internally except on a “need-to-know” basis. It emerged during legal proceedings over the Universal Credit IT programme that IT project teams kept reports secret because they were “paranoid” and “suspicious” of colleagues who might leak documents that indicated the programme was in trouble.

As a result, IT programme papers were no longer sent electronically and were delivered by hand. Those that were sent were “double-enveloped” and any that needed to be retained were “signed back in”; and Universal Credit programme papers were watermarked.

The secrecy had no positive effect on the Universal Credit programme which is currently running 11 years behind its original schedule.

Webb has told MPs he was “surprised” not to have seen review report on the Emergency Services Network. He discovered the report’s existence almost by accident when he read about it in a different report written a year later by Simon Ricketts, former Rolls Royce CIO.

This month the Public Accounts Committee criticised the “unhealthy good news” culture at the Home Office. The Committee blamed this culture for the report’s not being shown to Webb.

The Home Office says it doesn’t know why Webb was not shown the “Peter Edwards” report. The following was an exchange at the Public Accounts Committee between MP Sir Geoffrey Clifton-Brown, Webb and Rutnam.

Clifton-Brown: When you did that due diligence, were you aware of the Peter Edwards report prepared in the fourth quarter of 2016?

Rutnam: No, I’m afraid I was not. The Peter Edwards report on what exactly, sorry?

Clifton-Brown: Into the problems with ESN [Emergency Services Network], in particular in relation to suppliers.

Rutnam: I do not recall it. It may have been drawn to my attention, but I’m afraid I do not recall it.

Webb: It was an internal report done on the programme. I have not seen it either.

Clifton-Brown: You have not seen it either, Mr Webb—the documents tell us that. Why have you not seen such an important report? As somebody who was in charge of the team—a senior responsible officer—why had you not seen that report?

Webb: I don’t know. I was surprised to read it in Simon’s report. [Simon Ricketts.]

Chair: Who commissioned it?

Webb: The programme leadership at the time.

Chair: That is the board?

Webb: The programme director. It was a report to him about how he should best improve the governance. I think he probably saw it as a bit of an external assurance. It probably would have been better to share it with me, but that was not done at the time.

Clifton-Brown: “Probably would have been better to share it”? That report said that dialogue between suppliers, notably EE and Motorola, only started after the effective delivery dates. The report highlighted that there was not clarity regarding dependency on the interface providers, and that caused something of an impasse. It also alluded to the fact that that remains one of the most serious issues and is not showing any signs of resolution. That was in 2016, in that report. Had that report been disseminated, would we still be in the position that we are today?

Webb: I think that we would have wanted to bring forward the sort of [independent] review that the Home Secretary commissioned, and we would have done it at an earlier date.

Clifton-Brown: Why did you need to? You would not have needed to commission another review. You could have started getting to the root of the problem there and then if you had seen that report.

Webb: Yes.

Comment:

Webb and Rutman seem highly competent civil servants to judge from the open way they answered the questions of MPs on the Public Accounts Committee.

But they did not design the Emergency Services Network scheme which, clearly, had flawed integration plans even before contracts were awarded.

With no effective challenge internally and everything decided in secret, officials involved in the design did what they thought best and nobody knew then whether they were right or wrong. With hindsight it’s easy to see they were wrong.

But doing everything in secret and with no effective challenge is Whitehall’s  systemically flawed way of working on nearly all major government IT contracts and it explains why they fail routinely.

Extraordinary?

It’s extraordinary – and not extraordinary at all – that the two people accountable to Parliament for the £9.3bn Emergency Services Network were not shown a review report that would have provided an early warning the project was in serious trouble.

Now it’s possible, perhaps even likely, the Emergency Services Network will end up being added to the long list of failures of government IT-based programmes over the last 30 years.

Every project on that list has two things in common: Whitehall’s obsession with good news and the simultaneous suppression of all review reports that could sully the good news picture.

But you cannot run a big IT-based project successfully unless you discuss problems openly. IT projects are about solving problems. If you cannot admit that problems exist you cannot solve them.

When officials keep the problems to themselves, they ensure that ministers can be told all is well. Hence, ministers kept telling Parliament all was well with the £10bn National Programme for IT in the NHS  – until the scheme was eventually dismantled in 2011.

Parliament, the media and the public usually discover the truth only when a project is cancelled, ends up in the High Court or is the subject of a National Audit Office report.

With creative flair, senior civil servants will give Parliament, the National Audit Office and information tribunals a host of reasons why review reports on major projects must be kept confidential.

But they know it’s nonsense. The truth is that civil servants want their good news stories to remain uncontradicted by the disclosure of any internal review reports.

Take the smart meters roll-out. Internal review reports are being kept secret while officials give ministers and the Department for Business, Energy and Industrial Strategy the good news only. Thus, the latest Whitehall report on smart meters says,

“Millions of households and small businesses have made the smart choice to get a smart meter with over 12.8 million1 operating in smart mode across Great Britain. This world leading roll out puts consumers firmly in control of their energy use and will bring an end to estimated bills.”

Nothing is said about millions of homes having had “smart” meters installed that are neither smart nor compatible for the second generation of smart meters which have a set of problems of their own.

The answer?

For more than 30 years the National Audit Office and the Public Accounts Committee have published seemingly unique reports that each highlight a different set of problems. But nobody joins the dots.

Sir Arnold, the Cabinet Secretary said in “Yes Minister“, that open government is a contradiction in terms. “You can be open, or you can have government.

This is more than a line in a TV satire.  It is applied thinking in every layer of the top echelons of civil service.

Collective responsibility means civil servants have little to fear from programme failures. But they care about departmental embarrassment. If reviews into the progress or otherwise of IT-enabled programmes are published, civil servants are likely to be motivated to avoid repeating obvious mistakes of the past. They may be motivated to join the dots.

But continue to keep the review reports secret and new sets of civil servants will, unknowingly each time, treat every project as unique. They will repeat the same mistakes of old and be surprised every time the project collapses.

That the civil service will never allow review reports of IT programmes to be published routinely is a given. If the reports were released, their disclosure of problems and risks could undermine the good news stories ministers, supported by the civil service, want to feel free to publish.

For it’s a Whitehall convention that the civil service will support ministerial statements whether they are accurate or not, balanced or not.

Therefore, with review reports being kept secret and the obsession with good news being wholly supported by the civil service, government’s reputation for delivering successful IT-based programmes is likely to remain tarnished.

And taxpayers, no doubt, will continue to lose billions of pounds on failed schemes.  All because governments and the civil service cannot bring themselves to give Parliament and the media – or even those in charge of multi-billion pound programmes –  the other side of the story.

Home Office’s “unhealthy good news culture” blamed for Emergency Services Network Delays – Civil Service World

Emergency Services Network is an emergency now – The Register

Home Office not on top of emergency services programme – Public Accounts Committee report, July 2019

More public sector IT-related failures for which nobody will be accountable – a solution?

The Times front page – 23 January 2019

By Tony Collins

Criminal trials were delayed, jurors unable to enrol and witness statements inaccessible.

Quoting a tweet by the authoritative @BarristerSecret, the BBC said the “entire digital infrastructure” of courts was “broken for days”.

@BarristerSecret added,

“No accountability, no lessons learned.”

In the Spectator, Matthew Scott, a criminal barrister at Pump Court Chambers, said,

“Nobody seems to know exactly what has gone wrong or, if they do, they do not like to say.”

His Spectator blog was headlined,

The Spectator – 24 Jan 2019

 

 

“The most irritating fault has been for a few days the near total seizure (or ‘major service degradation’ to use the official non-explanation) of the secure email system (‘CJSM’) which for several years now has been the only authorised means of written communication between the Crown Prosecution Service and defence lawyers, probation, prisons, police and others.”

The Law Society Gazette said,

Law Society Gazette – 22 Jan 2019

 

 

 

The Law Society Gazette gave examples of how the problems had caused disruption and angst in the criminal justice system. It said,

“Major disruption that affected multiple Ministry of Justice IT systems last week continues to cause chaos.

“Lawyers on the front line have told the Gazette that trials have been delayed, jurors have been unable to enrol and practitioners have been prevented from confirming attendance that will enable them to get paid.

“Last week the ministry’s digital and technology team said most systems were improving. However, the Gazette has spoken to practitioners whose experiences suggest otherwise.”

A criminal barrister who spent the day in Leicester Crown Court said  none of the court’s computer systems was operational, jurors could not be enrolled, and no advocates could sign into the Ministry of Justice’s XHIBIT system, an online service that logs lawyers’ attendance so they can get paid.

A lawyer at Lincoln Crown Court said the XHIBIT system was down again. The Crown Court Digital Case System, on which all cases are accessed, was also down.

A criminal defence solicitor arrived at Highbury Magistrates’ Court in London at 9.15am, where there were several clients in the cells. But jailers did not know which courts the cases would be heard in and  because there was no wi-fi in the building magistrates had no access to any papers on their ipads before the hearings.

“The Gazette was told that several people attended Scarborough Magistrates’ Court last week to make statutory declarations in respect of driving matters. ‘Most of these people had come suited and booted, with all the anxiety that marks ordinary members of the public out as different from the frequent flyers who regularly come before the courts.

“These poor souls were left hanging around all morning, until 1pm, when they were advised that the systems were still not back up. Two of them agreed to come back on an adjourned date, 14 days later, but one of them explained that he couldn’t take further time off work. He was asked to come back in the afternoon, in the vain hope that the case management system might be back online.”

Former government chief technology officer Andy Beale quoted The Times in a tweet,

 

 

 

In another tweet, Beale said,

 

 

 

The Guardian reported yesterday (28 January 2019) that the Ministry of Justice knew its court computer systems were “obsolete” and “out of support” long before the network went into meltdown, internal documents have revealed.

The MoJ document, entitled Digital & Technology, said, “Historical under-investment in ageing IT systems has built our technical debt to unacceptable levels and we are carrying significant risk that will result in a large-scale data breach if the vulnerabilities are exploited.”

It added, “We have a Technology 2022 strategy, but it is not funded to help us address the long-term issues with current systems and allow us to make best use of new technologies to improve service delivery.”

It referred to a database used by 16 employment tribunal administrative offices in which the “scale of outage” accounted for 33% of incidents over the previous six months. Users were unable to access systems for a “significant number of hours”.

The report cited problems such as “risk of database corrupted leading to data loss; unable to restore service in a timely manner”, and added: “Judges say they will put tribunal activity on hold because of the poor running of the application.”

Government response

In the Commons, the government’s justice minister Lucy Frazer, responding to an urgent Labour request for a statement on the IT problems, was relaxed in her comments. She said the disruption was “intermittent” and the problems were merely “frustrating”. She added,

“The issue that has arisen relates mainly to email systems. There has been minimal disruption, I am told, to the courts system as a whole.”

She said there had been an “infrastructure failure in our supplier’s data centre”.

“The Prison Service has not been affected and—to correct inaccurate reporting—criminals have not gone free as a result of the problem. We have been working closely with our suppliers, Atos and Microsoft, to get our systems working again, and yesterday we had restored services to 180 court sites, including the largest ones.

“Today (23 January 2019), 90% of staff have working computer systems. Work continues to restore services and we expect the remainder of the court sites to be fully operational by the time they open tomorrow morning. We are very disappointed that our suppliers have not yet been able to resolve the network problems in full.

“This afternoon, the permanent secretary, Sir Richard Heaton, will meet the chief executive of Atos and write personally to all members of the judiciary. I am very grateful to all our staff who have been working tirelessly and around the clock, alongside our suppliers, to resolve the issues.”

Labour’s Yasmin Qureshi asked if Microsoft and Atos have paid any penalties to which Frazer gave a vague, non-committal reply,

“… the permanent secretary is meeting the supplier’s chief executive this afternoon and of course we will look carefully at the contracts, which include penalty clauses.”

Frazer later said the problem related to a “server” which raised questions about how the failure of a single server, or servers, could cause widespread chaos in the courts.

Labour’s Steve McCabe said the server problem was not a  single or unusual event.

“… her Department has been receiving reports of failures in the criminal justice secure email service for at least six months now”.

Police systems

The BBC reported last week that problems with a police IT system were causing some criminals to escape justice.

Nine forces in England and Wales use Athena from Northgate Public Services. They are Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Kent, Norfolk, Suffolk, Warwickshire and West Mercia. The system is designed to help speed up the detection of crimes.

But officers told the BBC’s Victoria Derbyshire programme that it crashes regularly and is overly complicated, meaning some cases are not built in time or dropped.

Developers Northgate Public Services apologised for problems “in small areas”, which it said it was fixing.

A joint response from nine police forces said Athena – which has cost £35m over the past 10 years – had been “resilient and stable, although no system is perfect”.

The system was introduced following a government directive for forces to share intelligence after the Soham murders of Holly Wells and Jessica Chapman, in 2002.

Officers said the intelligence-sharing function works well but problems arise when they use the system to build cases for the Crown Prosecution Service.

The delays it causes means officers can struggle to get the information together in time to charge suspects or the cases are not up to a high-enough standard and are dropped.

Serving officers at Bedfordshire, Hertfordshire and Essex told the programme the process could now take up to twice as long.

The BBC did not name any officers who revealed details of the problems because they could face disciplinary action for speaking out. Their comments included:

  • “The first two weeks it (the system) was brought in were the worst two weeks of my entire career. It’s overly bureaucratic. It doesn’t understand the police investigative process at all. From day one, it malfunctioned. Four years on, it is still malfunctioning”
  • “It often requires information that is totally irrelevant and if you miss just one data entry point (like whether a solicitor is male or female), I have to reject the whole case and send it back to the officer”
  • “Even for a simple shoplift, I probably have to press about 50 buttons, with a 30-second minimum loading time between each task”
  • “There have been incidents where charges have been dropped because of the inadequacies of the system. There have been cases of assaults, albeit fairly minor assaults, but these are still people who should be facing criminal charges”
  • “It slows the whole criminal justice system down. At the moment, it is not fit for purpose. This is the most challenging time I have come across. We’re at breaking point already. This has pushed some officers over the edge”
  • “When you’ve got detainees in a custody block who’ve got various illnesses and ailments, medical conditions that are all recorded on there and they need medication at certain times – it became very dangerous because we were unable to access the records”

The nine forces – which also include those in Cambridgeshire, Kent, Norfolk, Suffolk, Warwickshire and West Mercia – said in a joint statement that they had been working with the supplier to identify and correct issues as they arose.

“Over the 12 months up to November 2018, there have only been 72 hours of total downtime and there are detailed plans in place of how to manage business when this occurs.”

Northgate Public Services, which created Athena, said 40,000 officers accessed the system and benefited from improved criminal intelligence.

It said it was working to make improvements to the “complex system”.

“We recognise there are a small number of areas of the solution where improvements can be made and we apologise for any difficulties this has caused.

“We are working hard with the customer and other parties to make these improvements as a priority.”

Comment:

As @BarristerSecret said,

“No accountability, no lessons learned.”

In central and local government, accountability means suppliers sometimes have to pay small penalties. Outsourcing supplier Capita last year paid Barnet Council about £4.2m in compensation for poor performance.

It was a fraction of the hundreds of millions Capita has received from Barnet Council.

Sometimes the opposite happens and it is the supplier that wins money from the government after a failure.

The Home Office sacked Raytheon over problems on an e-borders IT systems and ended up paying Raytheon £224m in compensation.

The Department of Heath ended up paying Fujitsu hundreds of millions of pounds after the supplier’s contract to deliver systems under the National Programme for IT [NPfIT] was ended.

A major failure in one area of the public sector will not  stop or deter officials from awarding the same supplier a major contract in the same or another part of the public sector.

Were a major failure or legal dispute to preclude a supplier from bidding for further UK public sector work, most if not all major suppliers would today have little UK government business.

A solution?

There is an effective way to encourage IT suppliers and the public sector to avoid public service failures. But the senior civil service isn’t interested.

That solution would be to publish – after every major public services failure – a full, independent third-party report into what went wrong and why.

Some senior officials seem unruffled by public criticism or even contempt after a services failure. But particularly in some of the major departments, there is a high-level fear of the full truth emerging after an administrative disaster.  Departments would do almost anything to avoid IT-related failures if reports on the causes were routinely published.

But unless there is a Parliamentary or public clamour for such internal analyses to be published, they will remain hidden or uncommissioned.

When the National Audit Office publishes a report on a departmental failure, the report has usually been agreed and signed off by the department; and it is usually a one-off report.

When public services descend into chaos, as happened in the court service last week, immense pressure falls on the IT teams to restore normal services urgently. But without the routine publication of reports on major IT-related public service failures, where is the motivation for senior officials to avoid chaos in the first place?

House of Commons debate on the courts’ IT failures

Thank you to Celina Bledowska for her tweet alerting me to the criminal justice IT problems.

A proposed Bill and charter that could change the face of Whitehall IT and save billions

By Tony Collins

A government-commissioned review yesterday backed a Bill that could, if enacted and applied to Whitehall generally, prevent billions of pounds being lost on wasteful projects.

The Public Authority Accountability Bill – known informally as the Hillsborough Law – would establish an offence of intentionally or recklessly misleading the public, media or court proceedings.

It would also impose a legal requirement on public authorities to act with candour, transparency and frankness when things go wrong.

Although the Bill was a reaction, in part, to the cover up by public authorities of their failings in the light of Hillsborough, it could, if enacted, deter public authorities from covering up failings generally – including on major IT programmes.

For decades public authorities have had the freedom – unrestricted by any legislation – to cover up failures and issue misleading statements to the public, Parliament and the media.

In the IT sphere, early problems with the Universal Credit IT programme were kept secret and misleadingly positive statements issued. The National Audit Office later criticised a “good news” culture on the Universal Credit programme.

And still the DWP is fighting to block the disclosure of five project assessment reviews that were carried out on the Universal Credit IT programme between 2012 and 2015.

It could be argued that billions of pounds lost on the NPfIT – the National Programme for IT in the NHS – would have been avoided if the Department of Health had been open and candid at the start of the programme about the programme’s impractically ambitious aims, timescales and budgets.

The Department for Business, Energy and Industrial Strategy is currently keeping secret its progress reports on the £111bn smart meters rollout – which independent experts have said is a failing programme.  The department routinely issues positive statements to the media on the robust state of the programme.

The Public Authority Accountability Bill was drafted by lawyers who had been involved with representing bereaved Hillsborough families. It is aimed mainly at government inquiries, court proceedings and investigations into lapses of public services.

But it would also enshrine into law a duty on public authorities, public servants, officials and others to act within their powers with “transparency, candour and frankness”.

Lawyers who drafted the Bill refer on their website to “institutional defensiveness and a culture of denial” when things go wrong. They say,

“In 2017 we expect public authorities and individuals acting as public servants to be truthful and act with candour. Unfortunately, repeated examples have shown us that this is not generally the case.

“Instead of acting in the public interest by telling the truth, public authorities have tended to according to narrow organisational and individual motives by trying to cover up faults and deny responsibility …”

Backing for the Bill came yesterday from a 117-page report on the Hillsborough disaster by Bishop James Jones. The government commissioned him to produce a report on the experiences of the Hillsborough families so that their “perspective is not lost”.

Jones’ impressive report refers to institutions that “closed ranks, refused to disclose information, used public money to defend its interests and acted in a way that was both intimidating and oppressive”

His report refers to public bodies in general when it points to a “cultural condition” and “mindset” that features an “instinctive prioritisation of the reputation of an organisation over the citizen’s right to expect people to be held to account for their actions”. This, says the report, “represents a barrier to real accountability”.

It adds,

“As a cultural condition, this mindset is not automatically changed, still less dislodged, by changes in policies or processes. What is needed is a change in attitude, culture, heart and mind.”

The report urges leaders of “all public bodies” to make a commitment to cultural change by publicly signing a new charter.

The charter commits public bodies to:

  •  Place the public interest above its own reputation.
  • Approach forms of scrutiny with candour, in an open, honest and transparent way, making full disclosure of relevant documents, material and facts.
  • Learn from the findings of external scrutiny and from past mistakes.
  • Avoid seeking to defend the indefensible or to dismiss or disparage those who may have suffered where the organisation has fallen short.
  • When falling short, apologise straightforwardly and genuinely.
  • Not knowingly mislead the public or the media.

The report says that institutional defensiveness and a culture of denial are “endemic amongst public institutions as has been demonstrated not only by the Hillsborough cover up but countless other examples.”

Stuart Hamilton, son of Roy Hamilton who died at Hillsborough, is quoted in the report as saying,

“Police, officials and civil servants should have a duty of revealing the full facts and not merely selecting some truths to reveal but not others. Not lying or not misleading is simply not good enough. Without this, future disasters cannot be averted and appropriate policies and procedures cannot be developed to protect society.

“Such selective revealing of information also results in the delay of justice to the point where it cannot be served”.

He added,

“I believe that without a change not only in the law but also in the mindset of the public authorities (which a law can encourage) then very little exists to stop the post-event actions happening again.”

IT-enabled projects

Whitehall departments and the Infrastructure and Projects Authority publish their own narratives on the progress on major IT-enabled projects and programmes such as Universal Credit and smart meters.

But their source reports aren’t published.

Early disclosure of failings could have prevented hundreds of millions of pounds being lost on FireControl project, BBC’s Digital Media Initiative, the Home Office Raytheon e-borders and C-Nomis national offender management information projects and the Rural Payments Agency’s CAP delivery programme (which, alone, contributed to EU penalties of about £600m).

Comment:

Yesterday’s beautifully-crafted report into the Hillsborough disaster – entitled “The patronising disposition of unaccountable power” – is published on the Gov.uk website.

It has nothing to do with IT-enabled projects and programmes. But, in an unintentional way, it sums up a public sector culture that has afflicted nearly every Whitehall IT-based project failure in the last 25 years.

A culture of denial is not merely prevalent today; it is pervasive. All Whitehall departments keep quiet about reports on their failings. It is “normal” for departments to issue misleadingly positive statements to the media about progress on their programmes.

The statements are not lies. They deploy facts selectively, in a way that covers up failings. That’s the Whitehall culture. That’s what departments are expected to do.

According to Bishop Jones’ Hillsborough report, one senior policeman told bereaved families that he was not obliged to reveal the contents of his reports. He could bury them in his garden if he wished.

It’s the same with government departments. There is no legal duty to keep programme reports, still less any requirement to publish them.

If Bishop Jones’ charter is signed by leaders of public authorities including government departments, and Andy Burnham’s Bill becomes law,  the requirement for candour and transparency could mean that IT programme progress reports are made available routinely.

If this happened – a big if – senior public officials would have to think twice before risking billions of pounds on a scheme that held out the prospect of being fun to work on but which they knew had little chance of success within the proposed timescales, scope and budget.

It’s largely because of in-built secrecy that the impossibly impractical NPfIT was allowed to get underway. Billions of pounds was wasted.

Some may say that the last thing ministers and their permanent secretaries will want is the public, media and MPs being able to scrutinise what is really happening on, say, a new customs IT project to handle imports and exports after Brexit.

But the anger over the poor behaviour of public authorities after Hillsborough means that the Bill has an outside chance of eventually becoming law. Meanwhile public sector leaders could seriously consider signing Jones’ charter.

John Stuart Mill wrote in 1859 (On Liberty and The Subjection of Women) that the “only stimulus which can keep the ability of the [public] body itself up to a high standard is liability to the watchful criticism of equal ability outside the body”.

 

A classic “waterfall” IT project disaster – yet officials went by the book

By Tony Collins

Some of those who read “Crash – 10 easy ways to avoid a computer disaster” may remember a warning that buying an IT system on the basis that it works well in another country and can therefore be adapted to the UK’s needs, is flirting with disaster.

First published in 1999, Crash said,

“There are graveyards of computer projects that began life as a simple adaptation of a package used elsewhere in the world.”

One example at that time was the failure of the London Stock Exchange’s Taurus project.

Now a report published today by Audit Scotland on the “i6” project goes into forensic – but lucid – detail on what went wrong and the conflicting views of police and the supplier Accenture.

Says the report,

“The belief that most of the i6 system could be based on an existing IT system proved incorrect.”

It became clear well into project that

“a virtually fully bespoke system was required”.

The plan was for i6 to replace 130 paper-based processes and IT systems but on 1 July 2016, after many well-publicised difficulties and delays, the Scottish Police Authority and Accenture agreed to terminate the i6 contract.

Police in Scotland had chosen Accenture’s bid in 2013 largely because it had successfully implemented a system for Spain’s Guardia Civil police service.

To its credit Accenture refunded all the money the police in Scotland had paid for the i6 system, £11.06m, plus a further £13.56m – but Audit Scotland says the failure of the project …

“means that some of the benefits that should have arisen from implementing it, have been, at best, delayed. There was a need to modernise police ICT systems six years ago when the procurement of i6 began. That need has not been met. Police officers and staff continue to struggle with out-of-date, inefficient and poorly integrated systems.

“This also hinders how Police Scotland interacts and shares information and intelligence with the other parts of the justice system. There is an urgent need to determine what the next steps should be…”

The lessons are clear from the report:

  • Don’t buy an overseas system without realising that it’ll need to be built almost from scratch for the UK. The ideal is for the business processes to be greatly simplified and adapted to fit a tried and tested system, not the other way around. Audit Scotland says the police programme team and Accenture believed that the majority of the i6 system could be based on an existing IT system that Accenture had developed for Spain,  with the remainder being bespoke development work.  But there was an “over-reliance” on Accenture’s work for Guardia Civil”.
  • The “waterfall” systems development contributed to the fact that Police Scotland “only discovered the true extent of problems with the system when it was delivered for testing”.  Waterfall meant that Accenture produced the software in distinct phases, in a sequence resembling a waterfall. Once a phase was complete, the process moved to the next phase – and no turning back. “It meant that all of the design, coding and construction of i6 would be completed before Accenture released it to Police Scotland for testing. Police Scotland would pay for each phase when it was completed.” [Agile, on the other hand, is a “test and see” approach and is far more flexible. It can adapted according to what the end-user needs and wants, and changes in those needs and wants.]
  • Don’t trust the demonstration of a waterfall system. The demo may look great but rolling it out successfully across various regions may be a different story. Accenture had demonstrated i6 but much later, after a period of testing, the i6 programme team reported to the programme board in August 2015 that there were: critical errors in the technical coding, flaws that Accenture was unable to resolve as quickly as expected, serious concerns about the criminal justice module, which did not comply with the Integrated Scottish Criminal Justice Information System data standards, errors in the search and audit modules and “problems around the limited functionality in the administration module”.
  • External assurance reports may tell you that you have complied with good practice and they may give you detailed praise for your attention to detail but they probably haven’t looked at the big question: will the systems ever work? Audit Scotland said external assurance reports such as the Scottish Government’s “Gateway reviews” suggested improvements but “raised no major concerns”.  Throughout the course of the i6 programme, most of the external reviews suggested that delivery confidence was either amber or green.
  • If the plan is for a waterfall development, doing everything by the book before a contract is awarded will not guarantee success, or even make it more likely, if you haven’t asked the big question: Is this ever likely to work given the complexities we don’t yet understand? For officials in Scotland, everything went smoothly before the award of contract: there were even 18 months of pre-contract discussions. But within weeks of the contract’s start, Police Scotland and Accenture disagreed about whether the proposed system would deliver the requirements set out in the contract. Soon there was a “breakdown in relationships and a loss of trust between Police Scotland and Accenture that never fully recovered,” said Audit Scotland.
  • The supplier may be just as optimistic as you. “As the design and development of i6 progressed, it became apparent that Accenture would need to develop significantly more than had been originally anticipated. Despite delays and serious problems throughout the lifetime of the programme, Accenture provided regular assurance, in the face of strong challenge, about their confidence in delivering the i6 system. This assurance proved misplaced.”
  • When planning a waterfall system that has complexities and inter-dependencies that are not fully understood at the outset, expect ever-lengthening delays and projected costs to soar. At one point Police Scotland estimated that the level of effort Accenture would require to complete i6 was around eight times greater than the resources Accenture had estimated when signing the original contract. “The i6 programme team believed that the functionality of Accenture’s solution did not meet the requirements it had agreed in the contract. Accenture maintained that Police Scotland had not specified a detailed description of business requirements. This issue had not emerged during months of pre-award dialogue. Accenture also believed that it had set out clearly what its solution would do and maintained that Police Scotland, as part of procurement process, had accepted its qualified solution. A dispute followed about the interpretation of the contract requirements. Police Scotland argued that, after months of competitive dialogue, the requirements of the i6 system were well-defined, and that in line with the contract, these took precedence. Accenture argued its solution had precedence and that Police Scotland was trying to extend the scope of the programme. Accenture stated that, to meet Police Scotland’s interpretation of requirements, it would require more time and money.”
  • As soon as things start going badly awry, stop and have a re-think. Cancel all existing work if necessary rather than plough on simply because failure isn’t an option. Above all, take politics out of the equation. The Scottish Police Authority was anxious about i6 being seen to be a success after the failure of a previous police ICT project in 2012 – the Common Performance Management Platform. At the same time the i6 programme was “extremely important to Accenture at a global level. “This may have led to misplaced optimism about the prospects of success and unwillingness to consider terminating the programme,” says Audit Scotland.
  • When things start to go wrong, the truth is unlikely to emerge publicly. Even those accountable for the project may be kept in the dark. “Police Scotland were cautious of commercial sensitivities when providing assurances on i6 publicly. The Scottish Parliament’s Justice Sub-Committee on Policing held a number of evidence sessions with the Scottish Police Authority and Police Scotland to explore progress with the i6 programme. In March 2014, the Sub-Committee expressed frustration at the lack of information about the problems with the i6 programme that had been ongoing since August 2013. Police Scotland did not disclose the severity of the issues facing the programme, nor was it overly critical of Accenture. This may have reflected a desire to maintain relationships with Accenture to keep the programme on track or to maintain the commercial confidentiality of the contract.”

Accenture’s response

Accenture said,

“As the report acknowledges, the scope and the complexity of the solution for i6 increased significantly during the project.  This was driven by the client.  There were challenges and issues on both sides, but we worked closely with Police Scotland to review the programme and recommend revised plans to successfully deliver i6.

Despite our best efforts, it was not possible to agree the necessary changes and we mutually agreed to end the project.”

In May 2017 Audit Scotland is due to publish a report that summarises the lessons from a number of public sector ICT projects it has investigated.

Some of what i6 was intended to cover …

Comment

Tis a pity officials in Scotland hadn’t read Crash before they embarked on the i6 project – or if they had, taken more notice of the dangers of assuming a system that works overseas can be tweaked to work in the UK.

We commend Audit Scotland for its expert investigation and a fine report.

Clearly the failure of i6 is not entirely Accenture’s fault.  The project was commissioned on the basis of assumption and when things went wrong politics intervened to prevent a complete stop and a fundamental re-think.

Fatally, perhaps, there appears to have been no discussion about simplifying police administration to make the IT more straightforward. If police administration is so enshrined in law that it cannot be simplified, officials would have to accept before awarding the contract that they were buying an entirely new system.

The UK armed services simplified volumes of rules and practices before it introduced pay and personnel administration systems. It was hard, inglorious work. But simplifying ways of working first can make the difference between IT success and failure.

i6 – a review. Audit Scotland’s report. 

Waterfall approach damns £46m Scottish police system – Government Computing

Another public sector IT disaster – but useful if the lessons are learned.

Excellent reports on lessons from Universal Credit IT project published today – but who’s listening?

By Tony Collins

“People burst into tears, so relieved were they that they could tell someone what was happening.”

The Institute for Government has today published one of the most incisive – and revelatory – reports ever produced on a big government IT project.

It concludes that the Universal Credit IT programme may now be in recovery after a disastrous start, but recovery does not mean recovered. Much could yet floor the programme, which is due to be complete in 2022.

The Institute’s main report is written by Nick Timmins, a former Financial Times journalist, who has written many articles on failed publicly-funded IT-based projects.

His invaluable report, “Universal Credit – from disaster to recovery?” – includes interviews with David Pitchford, a key figure in the Universal Credit programme, and Howard Shiplee who led the Universal Credit project.

Timmins also spoke to insiders, including DWP directors, who are not named, and the former secretary of state at the Department for Work and Pensions Iain Duncan Smith and the DWP’s welfare reform minster Lord Freud.

Separately the Institute has published a shorter report “Learning the lessons from Universal Credit which picks out from Timmins’ findings five “critical” lessons for future government projects. This report, too, is clear and jargon-free.

Much of the information on the Universal Credit IT programme in the Timmins report is new. It gives insights, for instance, into the positions of Universal Credit’s major suppliers HP, IBM, Accenture.

It also unearths what can be seen, in retrospect, to be a series of self-destructive decisions and manoeuvres by the Department for Work and Pensions.

But the main lessons in the report – such as an institutional and political inability to face up to or hear bad news – are not new, which raises the question of whether any of the lessons will be heeded by future government leaders – ministers and civil servants – given that Whitehall departments have been making the same mistakes, or similar ones, for decades?

DWP culture of suppressing any bad news continues

Indeed, even as the reports lament a lack of honesty over discussing or even mentioning problems – a “culture of denial” – Lord Freud, the minister in charge of welfare reform, is endorsing FOI refusals to publish the latest risk registers, project assessment reviews and other Universal Credit reports kept by the Department for Work and Pensions.

More than once Timmins expresses his surprise at the lack of information about the programme that is in the public domain. In the “acknowledgements” section at the back of his report Timmins says,

“Drafts of this study were read at various stages by many of the interviewees, and there remained disputes not just about interpretation but also, from some of them, about facts.

“Some of that might be resolvable by access to the huge welter of documents around Universal Credit that are not in the public domain. But that, by definition, is not possible at this stage.”

Churn of project leaders continues

Timmins and the Institute warn about the “churn” of project leaders, and the need for stable top jobs.

But even as the Institute’s reports were being finalised HMRC was losing its much respected chief digital officer Mark Dearnley, who has been in charge of what is arguably the department’s riskiest-ever IT-related programme, to transfer of legacy systems to multiple suppliers as part of the dismantling of the £8bn “Aspire” outourcing venture with Capgemini.

Single biggest cause of Universal Credit’s bad start?

Insiders told Timmins that the fraught start of Universal Credit might have been avoided if Terry Moran had been left as a “star” senior responsible owner of the programme. But Moran was given two jobs and ended up having a breakdown.

In January 2011, as the design and build on Universal Credit started, Terry Moran was given the job of senior responsible owner of the project but a few months later the DWP’s permanent secretary Robert Devereux took the “odd” decision to make Moran chief operating officer for the entire department as well. One director within the DWP told Timmins:

“Terry was a star. A real ‘can do’ civil servant. But he couldn’t say no to the twin posts. And the job was overwhelming.”

The director claimed that Iain Duncan Smith told Moran – a point denied by IDS – that if Universal Credit were to fail that would be a personal humiliation and one he was not prepared to contemplate. “That was very different from the usual ministerial joke that ‘failure is not an option’. The underlying message was that ‘I don’t want bad news’, almost in words of one syllable. And this was in a department whose default mode is not to bring bad news to the top. ‘We will handle ministers’ is the way the department operates…”

According to an insider, “Terry Moran being given the two jobs was against Iain’s instructions. Iain repeatedly asked Robert [Devereux] not to do this and Robert repeatedly gave him assurances that this would be okay” – an account IDS confirms. In September 2012, Moran was to have a breakdown that led to early retirement in March 2013. He recorded later for the mental health charity Time to Talk that “eventually, I took on more and more until the weight of my responsibilities and my ability to discharge them just grew too much for me”.

Timmins was told, “You cannot have someone running the biggest operational part of government [paying out £160bn of benefits a year] and devising Universal Credit. That was simply unsustainable,”

Timmins says in his report, “There remains a view among some former and current DWP civil servants that had that not happened (Moran being given two jobs), the programme would not have hit the trouble it did. ‘Had he been left solely with responsibility for UC [Universal Credit], I and others believe he could have delivered it, notwithstanding the huge challenges of the task,’ one says.”

Reviews of Universal IT “failed”

Timmins makes the point that reviews of Universal Credit by the Major Projects Authority failed to convey in clear enough language that the Universal Credit programme was in deep trouble.

“The [Major Projects Authority] report highlighted a lack of sufficient substantive action on the points raised in the March study. It raised ‘high’ levels of concern about much of the programme – ‘high’ being a lower level of concern than ‘critical’. But according to those who have seen the report, it did not yet say in words of one syllable that the programme was in deep trouble.”

Iain Duncan Smith told Timmins that the the Major Projects review process “failed me” by not warning early enough of fundamental problems. It was the ‘red team’ report that did that, he says, and its contents made grim reading when it landed at the end of July in 2012.

Train crash on the way

The MPA [Cabinet Office’s Major Projects Authority] reviewed the programme in March 2011. “MPA reports are not in the public domain. But it is clear that the first of these flagged up a string of issues that needed to be tackled …

” In June a member of the team developing the new government’s pan-government website – gov.uk – was invited up to Warrington [base for the Universal Credit IT team] to give a presentation on how it was using an agile approach to do that.

“At the end of the presentation, according to one insider, a small number from the audience stayed behind, eyeing each other warily, but all wanting to talk. Most of them were freelancers working for the suppliers. ‘Their message,’ the insider says, ‘was that this was a train crash on the way’ – a message that was duly reported back to the Cabinet Office, but not, apparently, to the DWP and IDS.”

Scared to tell the truth

On another occasion when the Major Projects Authority visited the IT team at Warrington for the purposes of its review, the review team members decided that “to get to the truth they had to make people not scared to tell the truth”. So the MPA “did a lot of one-on-one interviews, assuring people that what they said would not be attributable. And under nearly every stone was chaos.

“People burst into tears, so relieved were they that they could tell someone what was happening.

” There was one young lad from one of the suppliers who said: ‘Just don’t put this thing [Universal Credit] online. I am a public servant at heart. It is a complete security disaster.’

IBM, Accenture and HP

“Among those starting to be worried were the major suppliers – Accenture, HP and IBM. They started writing formal letters to the department.

‘Our message,’ according to one supplier, ‘was: ‘Look, this isn’t working. We’ll go on taking your money. But it isn’t going to work’.’ Stephen Brien [then expert adviser to IDS] says of those letters: ‘I don’t think Iain saw them at that time, and I certainly didn’t see them at the time.”

At one point “serious consideration was given to suing the suppliers but they had written their warning letters and it rapidly became clear that that was not an option”.

Howard Shiplee, former head of the project, told Timmins that he had asked himself ‘how it could be that a very large group of clever people drawn from the DWP IT department with deep experience of the development and operation of their own massive IT systems and leading industry IT suppliers had combined to get the entire process so very wrong? Equally, ‘how could another group of clever people [the GDS team] pass such damning judgement on this earlier work and at the stroke of a pen seek to write off millions of pounds of taxpayers’ money?’

Shiplee commissioned a review from PwC on the work carried out to date and discovered that the major suppliers “were genuinely concerned to have their work done properly, support DWP and recover their reputations”.

In addition, when funding had been blocked at the end of 2012, the suppliers “had not simply downed tools but had carried on development work for almost three months” as they ran down the large teams that had been working on it.

“As a result, they had completed the development for single claimants that was being used in the pathfinder and made considerable progress on claims for couples and families. And their work, the PwC evaluation said, was of good quality.”

On time?

When alarm bells finally started ringing around Whitehall that Universal Credit was in trouble,  IDS found himself under siege. Stephen Brien says IDS was having to battle with the Treasury to keep the funding going for the project. He had to demonstrate that the programme was on time and on budget.

‘The department wanted to support him in that, and didn’t tell him all the things that were going wrong. I found out about some of them, but I didn’t push as hard as I should have. And looking back, the MPA [Major Projects Authority] meetings and the MPA reports were all handled with a siege mentality. We all felt we had to stand shoulder to shoulder defending where we were and not really using them to ask: ‘Are we where we should be?’

‘As a result we were not helping ourselves, and we certainly were not helping others, including the MPA. But we did get to the stage between the end of 2011 and the spring of 2012 where we said: ‘Okay, let’s get a red team in with the time and space to do our own challenge.’”

The DWP’s “caste” system

A new IT team was created in Victoria Street, London – away from Warrington but outside the DWP’s Caxton Street headquarters. It started to take a genuinely agile approach to the new system. One of those involved told Timmins:

“It had all been hampered by this caste system in the department where there is a policy elite, then the operational people, and then the technical people below that.

“And you would say to the operational people: ‘Why have you not been screaming that this will never work?’ And they’d say: ‘Well, we’re being handed this piece of sh** and we are just going to have to make it work with workarounds, to deal with the fact that we don’t want people to starve. So we will have to work out our own processes, which the policy people will never see, and we will find a way to make it work.’

Twin-track approach

IBM, HP and Accenture built what’s now known as the “live” system which enabled Universal Credit to get underway, and claims to be made in jobcentres.

It uses, in part, the traditional “waterfall” approach and has cost hundreds of millions of pounds. In contrast there’s a separate in-house “digital” system that has cost less than £10m and is an “agile” project.

A key issue, Shiplee told Timmins, was that the new digital team “would not even discuss the preceding work done by the DWP and its IT suppliers”. The digital team had, he says, “a messiah-like approach that they were going to rebuild everything from scratch”.

Rather than write everything off, Shiplee wanted ideally to marry the “front-end” apps that the GDS/DWP team in Victoria Street was developing with the work already done. But “entrenched attitudes” made that impossible. The only sensible solution, he decided, was a “twin-track” approach.

“The Cabinet Office remained adamant that the DWP should simply switch to the new digital version – which it had now become clear, by late summer, would take far longer to build than they anticipated – telling the DWP that the problem was that using the original software would mean ‘creating a temporary service, and temporary will become permanent’.

“All of which led to the next big decision, which, to date, has been one of the defining ones. In November 2013, a mighty and fraught meeting of ministers and officials was convened. Pretty much everyone was there. The DWP ministers, Francis Maude (Cabinet Office minister), Oliver Letwin who was Cameron’s policy overlord, Sir Jeremy Heywood, the Cabinet Secretary, Sir Bob Kerslake, the head of the home civil service, plus a clutch of DWP officials including Robert Devereux and Howard Shiplee as the senior responsible owner along with Danny Alexander and Treasury representatives.

“The decision was whether to give up on the original build, or run a twin-track approach: in other words, to extend the use of the original build that was by now being used in just over a dozen offices – what became dubbed the ‘live’ service – before the new, and hopefully much more effective, digital approach was finished and on stream.

“It was a tough and far from pleasant meeting that is etched in the memories of those who were there…

“One of those present who favoured the twin-track approach says: There were voices for writing the whole of the original off. But that would have been too much for Robert Devereux [the DWP’s Permanent Secretary] and IDS.

” So the twin-track approach was settled on – writing a lot of the original IT down rather than simply writing it off. That, in fact, has had some advantages even if technically it was probably the wrong decision…

“It has, however, seen parts of the culture change that Universal Credit involves being rolled out into DWP offices as more have adopted Universal Credit, even if the IT still requires big workarounds.

“More and more offices, for example, have been using the new claimant commitment, which is itself an important part of Universal Credit. So it has been possible to train thousands of staff in that, and get more and more claimants used to it, while also providing feedback for the new build.”

Francis Maude was among those who objected to the twin-track approach, according to leaked minutes of the project oversight board at around this time.

Lord Freud told Timmins,

‘Francis was adamant that we should not go with the live system [that is, the original build]. He wanted to kill it. But we, the DWP, did not believe that the digital system would be ready on anything like the timescales they were talking about then …But I knew that if you killed the live system, you killed Universal Credit…”

In the end the twin-track approach was agreed by a majority. But the development of the ‘agile’ digital service was immediately hampered by a spat over how quickly staff from the GDS were to be withdrawn from the project.

Fury over National Audit Office report

In 2013 the National Audit Office published a report Universal Credit – early progress –  that, for the first time, brought details of the problems on the Universal Credit programme into the public domain. Timmins’ report says that IDS and Lord Freud were furious.

“IDS and, to an only slightly lesser extent, Lord Freud were furious about the NAO report; and thus highly defensive.”

IDS tried to present the findings of the National Audit Office as purely historical.

In November 2014, the NAO reported again on Universal Credit. It once more disclosed something that ministers had not announced – that the timetable had again been put back two years (which raises further questions about why Lord Freud continues to refuse FOI requests that would put into the public domain – and inform MPs – about project problems, risks and delays without waiting for an NAO report to be published)..

Danny Alexander “cut through” bureaucracy

During one period, the Treasury approval of cash became particularly acute. Lord Freud told Timmins:

“We faced double approvals. We had approval about any contract variation from the Cabinet Office and then approvals for the money separately from the Treasury.

“The Government Digital Service got impatient because they wanted to make sure that the department had the ability to build internally rather than going out to Accenture and IBM, who (sic) they hate.

“The approvals were ricocheting between the Cabinet Office and the Treasury and when we were trying to do rapid iteration. That was producing huge delays, which were undermining everything. So in the end Danny Alexander [Lib-dem MP who was chief secretary to the Treasury] said: ‘I will clear this on my own authority.’ And that was crucial. Danny cut through all of that.”

Optimism bias

So-called optimism bias – over-optimism – is “such a common cause of failure in both public and private projects that it seems quite remarkable that it needs restating. But it does – endlessly”.

Timmins says the original Universal Credit white paper – written long before the start of the programme – stated that it would involve “an IT development of moderate scale, which the Department for Work and Pensions and its suppliers are confident of handling within budget and timescale”.

David Pitchford told Timmins,

“One of the greatest adages I have been taught and have learnt over the years in terms of major projects is that hope is not a management tool. Hoping it is all going to come out all right doesn’t cut it with something of this magnitude.

“The importance of having a genuine diagnostic machine that creates recommendations that are mandatory just can’t be overstated. It just changes the whole outcome completely. As opposed to obfuscation and optimism bias being the basis of the reporting framework. It goes to a genuine understanding and knowledge of what is going on and what is going wrong.”

Sir Bob Kerslake, who also identified the ‘good news culture’ of the DWP as being a problem, told Timmins,

“All organisations should have that ability to be very tough about what is and isn’t working. The people at the top have rose-tinted specs. They always do. It goes with the territory.

And unless you are prepared to embrace people saying that ‘really, this is in a bad place’… I can think of points where I have done big projects where it was incredibly important that we delivered the unwelcome news of where we were on that project. But it saved me, and saved my career.”

Recovery?

Timmins makes good arguments for his claim that the Universal Credit programme may be in recovery – but not recovered – and that improvements have been made in governance to allow for decisions to be properly questioned.

But there is no evidence the DWP’s “good news” culture has changed. For instance the DWP says that more than 300,000 people are claiming Universal Credit but the figure has not been audited and it’s unclear whether claimants who have come off the benefit and returned to it – perhaps several times – are being double counted.

Timmins points out the many uncertainties that cloud the future of the Universal Credit programme  – how well the IT will work, whether policy changes will hit the programme, whether enough staff will remain in jobcentres, and whether the DWP will have good relations with local authorities that are key to the delivery of Universal Credit but are under their own stresses and strains with resourcing.

There are also concerns about what changes the Scots and Northern Irish may want under their devolved powers, and the risk that any ‘economic shock’ post the referendum pushes up the volume of claimants with which the DWP has to deal.

 Could Universal Credit fail for non-IT reasons?

Timmins says,

“In seeking to drive people to higher earnings and more independence from the benefits system, there will be more intrusion into and control over the lives of people who are in work than under the current benefits system. And there are those who believe that such an approach – sanctioning people who are already working – will prove to be political dynamite.”

The dire consequences of IT-related failure

It is also worth noting that Universal Credit raises the stakes for the DWP in terms of its payment performance, says Timmins.

“If a tax credit or a Jobseeker’s Allowance payment or any of the others in the group of six go awry, claimants are rarely left penniless in the sense that other payments – for example, Housing Benefit in the case of Jobseeker’s Allowance or tax credits, – continue.

“If a Universal Credit payment fails, then all the support from the state, other than Child Benefit or disability benefits not included within Universal Credit, disappears.”

This happened recently in Scotland when an IT failure left hundreds of families penniless. The DWP’s public response was to describe the failure in Scotland as “small-scale”.

Comment

What a report.

It is easy to see how much work has gone into it. Timmins has coupled his own knowledge of IT-related failure with a thorough investigation into what has gone wrong and what lessons can be learned.

That said it may make no difference. The Institute in its “lessons” report uses phrases such as “government needs to make sure…”. But governments change and new administrations have an abundance – usually a superfluity – of confidence and ambition. They regard learning lessons from the past as putting on brakes or “nay saying”. You have to get with the programme, or quit.

Lessons are always the same

There will always be top-level changes within the DWP. Austerity will always be a factor.  The culture of denial of bad news, over-optimism about what can be achieved by when and how easily it can be achieved, over-expectations of internal capability, over-expectation of what suppliers can deliver, embarking on a huge project without clearly or fully understanding what it will involve, not listening diligently to potential users and ridiculously short timescales are all well-known lessons.

So why do new governments keep repeating them?

When Universal Credit’s successor is started in say 2032, the same mistakes will probably be repeated and the Institute for Government, or its successor, will write another similar report on the lessons to be learned.

When Campaign4Change commented in 2013 that Universal Credit would probably not be delivered before 2020 at the earliest, it was an isolated voice. At the time, the DWP press office – and its ministers – were saying the project was on budget and “on time”.

NPfIT

The National Audit Office has highlighted similar lessons to those in the Timmins report, for example in NAO reports on the NPfIT – the NHS IT programme that was the world’s largest non-military IT scheme until it was dismantled in 2011. It was one of the world’s biggest IT disasters – and none of its lessons was learned on the Universal Credit programme.

The NPfIT had an anti-bad news culture. It did not talk enough to end users. It had ludicrous deadlines and ambitions. The politicians in charge kept changing, as did some of programme leaders. There was little if any effective internal or external challenge. By the time it was dismantled the NPfIT had lost billions.

What the Institute for Government could ask now is, with the emasculation of the Government Digital Service and the absence of a powerful Francis Maude figure, what will stop government departments including the DWP making exactly the mistakes the IfG identifies on big future IT-enabled programmes?

In future somebody needs the power to say that unless there is adequate internal and external challenge this programme must STOP – even if this means contradicting a secretary of state or a permanent secretary who have too much personal and emotional equity in the project to allow it to stop. That “somebody” used to be Francis Maude. Now he has no effective replacement.

Victims

It’s also worth noting in the Timmins report that everyone seems to be a victim, including the ministers. But who are perpetrators? Timmins tries to identify them. IDS does not come out the report smelling of roses. His passion for success proved a good and bad thing.

Whether the direction was forwards or backwards IDS  was the fuel that kept Universal Credit going.  On the other hand his passion made it impossible for civil servants to give him bad news – though Timmins raises questions about whether officials would have imparted bad news to any secretary of state, given the DWP’s culture.

Neither does the DWP’s permanent secretary Robert Devereux emerge particularly well from the report.

How it is possible for things to go so badly wrong with there being nobody to blame? The irony is that the only people to have suffered are the genuine innocents – the middle and senior managers who have most contributed to Universal Credit apparent recovery – people like Terry Moran.

Perhaps the Timmins report should be required reading among all involved in future major projects. Competence cannot be made mandatory. An understanding of the common mistakes can.

Thank you to FOI campaigner Dave Orr for alerting me to the Institute’s Universal Credit reports.

Thanks also to IT projects professional John Slater – @AmateurFOI – who has kept me informed of his FOI requests for Universal Credit IT reports that the DWP habitually refuse. 

Update 18.00 6 September 2016

In a tweet today John Slater ( @AmateurFOI ) makes the important point that he asked the DWP and MPA whether either had held a “lessons learned” exercise in the light of the “reset” of the Universal Credit IT programme. The answer was no.

This perhaps reinforces the impression that the DWP is irredeemably complacent, which is not a good position from which to lead major IT projects in future.

Universal Credit – from disaster to recovery?

Learning the lessons from Universal Credit

 

Inside Universal Credit IT – analysis of document the DWP didn’t want published

dwpBy Tony Collins

Written evidence the Department for Work and Pensions submitted to an FOI tribunal – but did not want published (ever) – reveals that there was an internal “lack of candour and honesty throughout the [Universal Credit IT] Programme and publicly”.

It’s the first authoritative confirmation by the DWP that it has not always been open and honest when dealing with the media on the state of the Universal Credit IT programme.

FOI tribunal grants request to publish DWP's written submission

FOI tribunal grants request to publish DWP’s written submission

According to the DWP submission, senior officials on the Programme became so concerned about leaks that a former member of the security services was brought in to lead an investigation. DWP staff and managers were the subjects of “detailed interviews”. Employee emails were “reviewed”, as were employee access rights to shared electronic areas.

Staff became “paranoid” about accidentally leaving information on a printer. Some of the high-security measures appear still to be in place.

Unpublished until now, the DWP’s written legal submission referred, in part, to the effects on employees of leak investigations.

The submission was among the DWP’s written evidence to an FOI Tribunal in February 2016.

The Government Legal Service argued that the DWP’s written evidence was for the purposes of the tribunal only. It should not be published or passed to an MP.

The Legal Service went further: it questioned the right of an FOI Tribunal to decide on whether the submission could be published. Even so a judge has ruled that the DWP’s written evidence to the tribunal can be published.

Excerpts from the submission are here.

Analysis and Comment

The DWP’s submission gives a unique glimpse into day-to-day life and corporate sensitivities at or near the top of the Universal credit IT programme.

It reveals the lengths to which senior officials were willing to go to stop any authoritative “bad news” on the Universal Credit IT programme leaking out. Media speculation DWP’s senior officials do not seem to mind. What appears to concern them is the disclosure of any credible internal information on how things are progressing on Universal Credit IT.

Confidential

Despite multiple requests from IT suppliers, former government CIOs and MPs, for Whitehall to publish its progress reports on big IT-based change programmes (some examples below), all central departments keep them confidential.

That sensitivity has little to do with protecting personal data.

It’s likely that reviews of projects are kept confidential largely because they could otherwise expose incompetence, mistakes, poor decisions, risks that are likely to materialise, large sums that have been wasted or, worst of all, a project that should have been cancelled long ago and possibly re-started, but which has been kept going in its original form because nobody wanted to own up to failure.

Ian watmore front cover How to fix government IROn this last point, former government CIO and permanent secretary Ian Watmore spoke to MPs in 2009 about how to fix government IT. He said,

“An innovative organisation tries a lot of things and sometimes things do not work. I think one of the valid criticisms in the past has been when things have not worked, government has carried on trying to make them work well beyond the point at which they should have been stopped.”

Individual accountability for failure?

Oblivious to MPs’ requests to publish IT progress reports, the DWP routinely refuses FOI requests to publish IT progress reports, even when they are several years old, even though by then officials and ministers involved will probably have moved on. Individual accountability for failure therefore continues to be non-existent.

Knowing this, MPs on two House of Commons select committees, Public Accounts and Work and Pensions, have called for the publication of reports such as “Gateway” reviews.

This campaign for more openness on government IT projects has lasted nearly three decades. And still Whitehall never publishes any contemporaneous progress reports on big IT programmes.

It took an FOI campaigner and IT projects professional John Slater [@AmateurFOI] three years of legal proceedings to persuade the DWP to release some old reports on the Universal Credit IT programme (a risk register, milestone schedule and issues log). And he had the support of the Information Commissioner’s legal team.

universal creditWhen the DWP reluctantly released the 2012 reports in 2016 – and only after an informal request by the then DWP secretary of state Stephen Crabb – pundits were surprised at how prosaic the documents were.

Yet we now know, thanks to the DWP’s submission, the lengths to which officials will go to stop such documents leaking out.

Understandable?

Some at the DWP are likely to see the submission as explaining some of understandable measures any government department would take to protect sensitive information on its largest project, Universal Credit. The DWP is the government largest department. It runs some of the world’s biggest IT systems. It possesses personal information on nearly everyone in Britain. It has to make the protection of its information a top priority.

Others will see the submission as proof that the DWP will do all it can to honour a decades-old Whitehall habit of keeping bad news to itself.

Need for openness

It’s generally accepted that success in running big IT-enabled change programmes requires openness – with staff and managers, and with external organisations and agencies.

IT-based change schemes are about solving problems. An introspective “good news only” culture may help to explain why the DWP has a poor record of managing big and successful IT-based projects and programmes. The last time officials attempted a major modernisation of benefit systems in the 1990s – called Operational Strategy – the costs rose from £713m to £2.6bn and the intended objective of joining up the IT as part of a “whole person” concept, did not happen.

Programme papers“watermarked”

The DWP’s power, mandate and funding come courtesy of the public. So do officials, in return, have the right to keep hidden mistakes and flawed IT strategies that may lead to a poor use – or wastage – of hundreds of millions of pounds, or billions?

The DWP’s submission reveals that recommendations from its assurance reports (low-level reports on the state of the IT programme including risks and problems) were not circulated and a register was kept of who had received them.

Concern over leaks

The submission said that surveys on staff morale ceased after concerns about leaks. IT programme papers were no longer sent electronically and were delivered by hand. Those that were sent were “double-enveloped” and any that needed to be retained were “signed back in”. For added security, Universal Credit programme papers were watermarked.

When a former member of the security services was brought in to conduct a leaks investigation, staff and mangers were invited by the DWP’s most senior civil servant to “speak to the independent investigator if they had any information”. This suggests that staff were expected to inform on any suspect colleagues.

People “stopped sharing comments which could be interpreted as criticism of the [Universal Credit IT] Programme,” said the submission. “People became suspicious of their colleagues – even those they worked closely with.

“There was a lack of trust and people were very careful about being honest with their colleagues…

“People felt they could no longer share things with colleagues that might have an honest assessment of difficulties or any negative criticism – many staff believed the official line was, ‘everything is fine’.

“People, even now, struggle to trust colleagues with sensitive information and are still fearful that anything that is sent out via email will be misused.

“For all governance meetings, all documents are sent out as password protected, with official security markings included, whether or not they contain sensitive information.”

“Defensive”

dwpLines to take with the media were added to a “Rolling Brief”, an internal update document, that was circulated to senior leaders of the Universal Credit IT programme, the DWP press office and special advisors.

These “lines to take” were a “defensive approach to media requests”. They emphasised the “positive in terms of progress with the Programme without acknowledging the issues identified in the leaked stories”.

This positive approach to briefing and media management “led to a lack of candour and honesty through the Programme and publically …”

How the DWP’s legal submission came about is explained in this separate post.

Were there leaks of particularly sensitive information?

It appears not. The so-called leaks revealed imperfections in the running of the Universal Credit programme; but there was no personal information involved. Officials were concerned about the perceived leak of a Starting Gate Review to the Telegraph (although the DWP had officially lodged the review with the House of Commons library).

The DWP also mentioned in its statement a leak to the Guardian of the results of an internal “Pulse” survey of staff morale – although it’s unclear why the survey wasn’t published officially given its apparent absence of sensitive commercial, personal, corporate or governmental information.

NPfIT

The greater the openness in external communications, the less likely a natural scepticism of new ways of working will manifest in a distrust of the IT programme as a whole.

The NHS’s National Programme for IT (NPfIT) – then the UK’s biggest IT programme costing about £10bn – was dismantled in 2011 after eight fraught years. One reason it was a disaster was the deep distrust of the NPfIT among clinicians, hospital technologists, IT managers, GPs and nurses. They had listened with growing scepticism to Whitehall’s oft-repeated “good news” announcements.

Ex-Government CIO wanted more openness on IT projects

When MPs have asked the DWP why it does not publish reports on the progress of IT-enabled projects, it has cited “commercial confidentiality”.

But in 2009, Ian Watmore (the former Government CIO) said in answer to a question by Public Account Committee MP Richard Bacon that he’d endorse the publication of Gateway reviews, which are independent assessments of the achievements, inadequacies, risks, progress and challenges on risky IT-based programmes.

“I am with you in that I would prefer Gateway reviews to be published because of the experience we had with capability reviews (published reports on a department’s performance). We had the same debate (as with Gateway reviews) and we published them. It caused furore for a few weeks but then it became a normal part of the furniture,” said Watmore.

Capability reviews are no longer published. The only “regular” reports of Whitehall progress with big IT programmes are the Infrastructure and Projects Authority’s annual reports. But these do not include Gateway reviews or other reports on IT projects and programmes. The DWP and other departments publish only their own interpretations of project reviews.

In the DWP’s latest published summary of progress on the Universal Credit IT programme, dated July 2016, the focus is on good news only.

But this creates a mystery. The Infrastructure and Projects Authority gave the Universal Credit programme an “amber” rating in its annual report which was published this month. But neither the DWP nor the Authority has explained why the programme wasn’t rated amber/green or green.

MPs and even IT suppliers want openness on IT projects

Work and Pensions Committee front coverIn 2004 HP, the DWP’s main IT supplier, told a Work and Pensions Committee inquiry entitled “Making IT work for DWP customers” in 2004 that “within sensible commercial parameters, transparency should be maintained to the greatest possible extent on highly complex programmes such as those undertaken by the DWP”.

The Work and Pensions Committee spent seven months investigating IT in the DWP and published a 240-page volume of oral and written in July 2004. On the matter of publishing “Gateway” reviews on the progress or otherwise of big IT projects, the Committee concluded,

“We found it refreshing that major IT suppliers should be content for the [Gateway] reviews to be published. We welcome this approach. It struck us as very odd that of all stakeholders, DWP should be the one which clings most enthusiastically to commercial confidentiality to justify non-disclosure of crucial information, even to Parliament.”

The Committee called for Gateway reviews to be published. That was 12 years ago – and it hasn’t happened.

Four years later the Committee found that the 19 most significant DWP IT projects were over-budget or late.

DWP headline late and over budget

In 2006 the National Audit Office reported on Whitehall’s general lack of openness in a report entitled “Delivering successful IT-enabled business change”.

The report said,

“The Public Accounts Committee has emphasised frequently the need for greater transparency and accountability in departments’ performance in managing their programmes and projects and, in particular, that the result of OGC Gateway Reviews should be published.”

But today, DWP officials seem as preoccupied as ever with concealing bad news on their big IT programmes including Universal Credit.

The costs of concealment

The DWP has had important DWP project successes, notably pension credits, which was listed by the National Audit Office as one of 24 positive case studies.

But the DWP has also wasted tens of millions of pounds on failed IT projects.

Projects with names such as “Camelot” [Computerisation and Mechanisation of Local Office Tasks] and Assist [Analytical Services Statistical Information System) were cancelled with losses of millions of pounds. More recently the DWP has run into problems on several big projects.

“Abysmal”

On 3 November 2014 the then chairman of the Public Accounts Committee Margaret Hodge spoke on Radio 4’s Analysis of the DWP’s ‘abysmal’ management of IT contracts.”

1984

As long ago as 1984, the House of Commons Public Accounts Committee called for the civil service to be more open about its progress on major computer projects.

Today there are questions about whether the Universal Credit IT will succeed. Hundreds of millions has already been spent. Yet, as mentioned earlier, current information on the progress of the DWP’s IT programmes remains a state secret.

It’s possible that progress on the Universal Credit IT programme has been boosted by the irregular (but thorough) scrutiny by the National Audit Office. That said, as soon as NAO reports on Universal Credit are published, ministers and senior officials who have seen copies in advance routinely dismiss any criticisms as retrospective and out-of-date.

Does it matter if the DWP is paranoid about leaks?

A paper published in 2009 looks at how damaging it can be for good government when bureaucracies lack internal challenge and seek to impose on officials a “good news” agenda, where criticism is effectively prohibited.

The paper quoted the then Soviet statesman Mikhail Gorbachev as saying, in a small meeting with leading Soviet intellectuals,

“The restructuring is progressing with great difficulty. We have no opposition party. How then can we control ourselves? Only through criticism and self-criticism. Most important: through glasnost.”

Non-democratic regimes fear a free flow of information because it could threaten political survival. In Russia there was consideration of partial media freedom to give incentives to bureaucrats who would otherwise have no challenge, and no reason to serve the state well, or avoid mistakes.

The Chernobyl nuclear disaster, which occurred on April 26, 1986, was not acknowledged by Soviet officials for two days, and only then after news had spread across the Western media.

The paper argued that a lack of criticism could keep a less democratic government in power. But it can lead to a complacency and incompetence in implementing policy that even a censored media cannot succeed in hiding.

As one observer noted after Chernobyl (Methvin in National Review, Dec. 4, 1987),

“There surely must be days—maybe the morning after Chernobyl—when Gorbachev wishes he could buy a Kremlin equivalent of the Washington Post and find out what is going on in his socialist wonderland.”

Red team

Iain DuncanSmithA lack of reliable information on the state of the Universal Credit IT programme prompted the then secretary of state Iain Duncan Smith to set up his own “red team” review.

That move was not known about at the time. Indeed in December 2012 – at a point when the DWP was issuing public statements on the success of the Universal Credit Programme – the scheme was actually in trouble. The DWP’s legal submission said,

“In summary we concluded (just before Christmas 2012) that the IT system that had been developed for the launch of UC [Universal Credit] had significant problems.”

One wonders whether DWP civil servants kept Duncan Smith in the dark because they themselves had not been fully informed about what was going on, or because they thought the minister was best protected from knowing what was going on, deniability being one key Whitehall objective.

But in the absence of reliable internal information a political leader can lose touch completely, said the paper on press freedom.

“On December 21, 1989, after days of local and seemingly limited unrest in the province of Timi¸ Ceausescu called for a grandiose meeting at the central square of Bucharest, apparently to rally the crowds in support of his leadership. In a stunning development, the meeting degenerated into anarchy, and Ceausescu and his wife had to flee the presidential palace, only to be executed by a firing squad two days later.”

Wrong assumptions

Many times, after the IT media has published articles on big government IT-based project failures, TV and radio journalists have asked to what extent the secretary of state was responsible and why he hadn’t acted to stop millions of pounds being wasted.

But why do broadcast journalists assume ministers control their departments? It is usually more likely that ministers know little about the real risks of failure until it is too late to act decisively.

Lord Bach, a minister at DEFRA, told a House of Commons inquiry in 2007 into the failure of the IT-based Single Payment Scheme that he was aware of the risks but still officials told him that systems would work as planned and farmers would receive payments on time. They didn’t. Chaos ensued.

Said Lord Bach,

“I do think that, at the end of the day, some of the advice that I received from the RPA [Rural Payments Agency] was over-optimistic.”

Lord WhittyAnother DEFRA minister at the time Lord Whitty, who was also party in charge of the Single Payment Scheme, told the same inquiry,

“Perhaps I ought also to say that this was the point at which I felt the advice I was getting was most misleading, and I have used the term ‘misleading’ publicly but I would perhaps prefer to rephrase that in the NAO terms …”

Even the impressive Stephen Crabb – who has now quit as DWP secretary of state – didn’t stand much of chance of challenging his officials. The department’s contracts, IT and other affairs, are so complex and complicated – there are bookcases full of rules and regulations on welfare benefits – that any new ministers soon find themselves overwhelmed with information and complexity.

They will soon realise they are wholly dependent on their officials; and it is the officials who decide what to tell the minister about internal mistakes and bad decisions. Civil servants would argue that ministers cannot be told everything or they would be swamped.

But the paper on press freedom said that in order to induce high effort within a bureacucracy, the leader needs “verifiable information on the bureaucrats’ performance”.

The paper made a fascinating argument that the more complacent the bureaucracy, the more aggressively it would control information. Some oil-rich countries, said the paper, have less media freedom than those with scarcer resources.

“Consistent with our theory, [some] non-democratic countries … have vast resources and poor growth performance, while the Asian tigers (South Korea, Taiwan, Hong Kong, and Singapore), while predominantly non-democratic in the 1970s and 1980s, have high growth rates and scarce natural resource.”

In an apparent opening up of information, the government in China passed a law along the lines of the U.S. Freedom of Information Act (“China Sets Out to Cut Secrecy, but Laws Leave Big Loopholes,” New York Times, Apr. 25, 2007). But was this law self-serving? It, and the launch of local elections, provided the central government with relatively reliable information on the performance of provincial bosses.

These stories from less democratic countries may be relevant in Britain because politicians here, including secretaries of state, seem to be the last to know when a big IT-based programme is becoming a disaster.

Bad news

Whtehall’s preoccupation with “good news only” goes well beyond the DWP.

T auditors Arthur D Little, in a forensic analysis of the delays, cost over-runs and problems on the development of a huge air traffic control IT project for National Air Traffic Services, whose parent was then the Civil Aviation Authority, which was part of the Department for Transport, referred to an “unwillingness to face up to and discuss bad news”.

Ministers helpless to force openness on unwilling officials?

Francis Maude came to the Cabinet Office with a reforming zeal and a sophisticated agenda for forcing through more openness, but the effects of his efforts began to evaporate as soon as he left office. Even when he was at the height of his power and influence, he was unable to persuade civil servants to publish Gateway reviews, although he’d said when in opposition that he intended to publish them.

His negotiations ended with central departments agreeing to publish only the “traffic light” status of big projects – but only after a minimum delay of at least six months. In practice the delay is usually a year or more.

Brexit

Brexit campaigners argue that the EC is undemocratic, that decisions are taken in Brussels in secret by unelected bureaucrats. But the EC is at least subject to the scrutiny, sometimes the competing scrutiny, of 29 countries.

Arguably Whitehall’s departments are also run by unelected bureaucrats who are not subject to any effective scrutiny other than inspections from time to time of the National Audit Office.

Yes Minister parodied Sir Humphrey’s firm grip on what the public should and should not be told. Usually his recommendation was that the information should be misleadingly reassuring. This was close enough to reality to be funny. And yet close enough to reality to be serious as well. It revealed a fundamental flaw in democracy.

Nowhere is that flaw more clearly highlighted than in the DWP’s legal submission. Is it any surprise that the DWP did not want the submission published?

If officials had the choice, would they publish any information that they did not control on any of their IT projects and programmes?

That’s where the indispensable work of the National Audit Office comes into the picture – but it alone, even with the help of the Public Accounts Committee, cannot plug the gaping hole in democracy that the DWP’s submission exposes.

These are some thoughts I am left with after reading the legal submission in the light of the DWP’s record on the management of IT-based projects …

  • Press freedom and the free flow of information cannot be controlled in a liberal democracy. But does Whitehall have its own subtle – and not so subtle – ways and means?
  • In light of the DWP’s track record, the public and the media are entitled to distrust whatever ministers and officials say publicly about their own performance on IT-related programmes, including Universal Credit.
  • More worryingly, would the DWP’s hierarchy care a jot if the media and public didn’t believe what the department said publicly about progress on big projects such as Universal Credit?
  • Is the DWP’s unofficial motto: Better to tell a beautiful lie than an ugly truth?
  • AL Kennedy mentioned the “botched” Universal Credit programme  when she gave a “point of view” on Radio 4 last week. Not referring specifically to Universal Credit she said facts can be massaged but nature can’t be fooled. A girder that won’t hold someone’s weight is likely to fail however many PR-dominated assurance reports have gone before. “Facts are uncompromising and occasionally grim. I wish they weren’t. Avoiding them puts us all at increased risk,” she said.

 Excerpts from the DWP submission

Some Twitter comments on this post:

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Hidden for four years – a review of Universal Credit IT

By Tony Collins

Front page of a report the DWP kept hidden for four years. The DWP's lawyers went through numerous FOI appeals to try and stop the report being published.

Front page of a report the DWP kept hidden for four years. The DWP’s lawyers went through numerous FOI appeals to try and stop the report being published.

This is the independent Universal Credit Project Assessment Review  that lawyers for the Department for Work and Pensions went through numerous FOI tribunal appeals trying to keep hidden.

It  was written for the DWP by the Cabinet Office’s Major Projects Authority. Interviewees included Iain Duncan Smith and Lord Freud who was – and is – a work and pensions minister.

In 2012 Lord Freud signed off the DWP’s recommendation that an FOI request for the report’s release be refused.

Remarkable

The now-released report is remarkable for its professionalism and neutrality. It’s also remarkably ordinary given the number of words that have been crafted by the DWP’s lawyers to FOI tribunals and appeals in an effort to keep the report from being published.

The DWP’s main reason for concealing the report – and others that IT projects professional John Slater had requested under FOI in 2012 – was that publication could discourage civil servants from speaking candidly about project problems and risks, fearing negative publicity for the programme.

In the end the DWP released the report 11 days ago. This was probably because the new work and pensions secretary Stephen Crabb refused to agree the costs of a further appeal. Last month an FOI tribunal ordered that the project assessment review, risk register and issues register be published.

Had the reports been published at the time of the FOI request in 2012 it might have restricted what ministers and the DWP’s press office were able to say publicly about the success so far of the Universal Credit programme.

In the absence of their publication, the DWP issued repeated statements that dismissed criticisms of its programme management. Ministers and DWP officials were able to say to journalists and MPs that the Universal Credit programme was progressing to time and to budget.

In fact the project assessment review questioned a projected increase of £25m of IT spend in the budget.

MPRG is the Major Projects Review Group, part of the Cabinet Office. OBC is the Outline Business Case for Universal Credit. SOBC is the Strategic Outline Business Case.

MPRG is the Major Projects Review Group, part of the Cabinet Office. OBC is the Outline Business Case for Universal Credit. SOBC is the Strategic Outline Business Case.

 

 

 

 

The DWP claimed in the report that the projected of £25m in IT spend was a “profiling”rather than budgetary issue.

By this the DWP meant that it planned to boost significantly the projected savings in later years of the project. Those anticipated savings would have offset the extra IT spend in the early years. Hence the projected overspend was a “profiling” issue.

But the report questioned the credibility of the profiling exercise.

credibility extract

On the question  of whether the whole programme could be afforded the report had mixed views.

affordability extract

The report was largely positive about the DWP’s work on Universal Credit. It also revealed that in some ways not all was progressing as well as had been hoped (which was contrary to DWP statements at the time). The report said,

behind the curve extract

And a further mention of “behind the curve”…

behind the curve excerpt

None of these problems was even hinted at in official DWP statements in 2012. About six months after the project assessment review was conducted, this was a statement by a DWP minister (who uses words that were probably drafted by civil servants).

“The development of Universal Credit is progressing extremely well. By next April we will be ready to test the end to end service and use the feedback we get from claimants to make final improvements before the national launch.

“This will ensure that we have a robust and reliable new service for people to make a claim when Universal Credit goes live nationally in October 2013.”

And the following is a statement by the then DWP secretary  of state Iain Duncan Smith in November 2011, which was around the time the project assessment review was carried out. Doubtless his comments were based on briefings he received from officials.

“The [Universal Credit] programme is on track and on time for implementing from 2013.

“We are already testing out the process on single and couple claimants, with stage one and two now complete. Stage 3 is starting ahead of time – to see how it works for families.

“And today we have set out our migration plans which will see nearly twelve million working age benefit claimants migrate onto the new benefits system by 2017.”

Ironic

It’s ironic that the DWP spent four years concealing a report that could have drawn attention to the need for better communications.

communications extract

The report highlighted the need for three types of communication, internal, external and with stakeholders.

communications extract2

On communications with local authorities ..

communications extract3

Comment

The DWP has denigrated the released documents. A spokesperson described them as “nearly four years old and out of date”.

It’s true the reports are nearly four years old. They are not out of date.

They could hardly be more important if they highlight a fundamental democratic flaw, a flaw that allows Whitehall officials and ministers to make positive public statements about a huge government project while hiding reports that could contradict those statements or could put their comments into an enlightening context.

Stephen Crabb, IDS’s replacement at the DWP, is said by the Sunday Times to want officials to come clean to him and the public about problems on the Universal Credit programme.

To do that his officials will have to set themselves against a culture of secrecy that dates back decades. Though not as far as the early 1940s.

Official proceedings of parliament show how remarkably open were statements made to the House during WW2. It’s odd that Churchill, when the country’s future was in doubt, was far more open with Parliament about problems with the war effort than the DWP has ever been with MPs over the problems on Universal Credit.

I have said it before but it’s time for Whitehall departments, particularly the DWP, to publish routinely and contemporaneously their project assessment reviews, issues registers and risk registers.

Perhaps then the public, media and MPs will be better able to trust official statements on the current state of multi-billion pound IT-based programmes; and a glaring democratic deficit would be eliminated.

Openness may even help to improve the government’s record on managing IT.

Universal Credit Project Assessment Review

Is DWP’s Universal Credit FOI case a scandalous waste of money?

Crabb’s momentous FOI decision on Universal Credit IT?

By Tony Collins

Some of the DWP legal "bundles" in its protracted and pointless FOI case to try and stop Universal Credit reports being released.

Some of the DWP legal “bundles” in its protracted and pointless FOI case to try and stop Universal Credit reports being released.

Stephen Crabb, the new DWP secretary of state who replaces IDS, has started to make a difference.

On 3 April 2016 the Sunday Times reported that Crabb had ordered officials to stop refusing FOI requests and come clean with him and the public about problems on the Universal Credit programme.

Five days later (8 April 2016) the DWP released three reports under FOI on the Universal Credit programme: a risk register, an issues register and a Major Projects Authority project assessment review.

DWP FOI bundles2

The DWP fought for years at FOI tribunals and appeal hearings to stop the reports being published. Officials were expected to instigate a further appeal after an FOI tribunal ruled last month that the reports be published.

But it now appears that Stephen Crabb refused to sign off further public money for an appeal and officials were left with little choice but to release the reports.

The reports show the extent to which the DWP was economical with the truth in its self-praising departmental press releases and ministerial statements on the state of the Universal Credit programme in 2012 and 2013.

Trust

Indeed, how can we trust any DWP press statement on Universal Credit given that officials are still keeping hidden from Parliament and the public the risk registers, issues registers and project assessment reviews carried out on the UC programme since 2012.

Stephen Crabb

Stephen Crabb

Crabb’s appointment and the release of the three reports dated 2011 and 2012 are, from an FOI point of view, a good start.

But will the DWP become more open in the future about the state of its big IT-enabled change programmes?

Probably not. In a statement to Computer Weekly last week, a DWP spokesperson dismissed the released reports as “nearly five years old and out-of-date” and went on to praise the Universal Credit programme (which involves a waterfall approach and separate much cheaper, and to some extent competing, agile-based project).

This statement suggests that the DWP’s “no bad news” culture is still pervasive; that it is prepared to denigrate its own reports as out of date when they convey messages that conflict with officialdom’s good news culture.

A mass of DWP paperwork and legal bundles on the FOI appeals and hearings related to the documents show how earnest were the reasons for the DWP’s refusal to release the reports until this month.

It is likely that Crabb personally ordered their release. But, probably unknown to Crabb, the DWP has just refused an FOI request to release an Integrated Assurance and Approval Plan (IAAP) on the Universal Credit programme.

IT projects professional John Slater had requested the IAAP. He’d also made the original request for the UC risk register and issues register, and had campaigned long and hard for their release.

Some people may be surprised by the DWP’s refusal to release the IAAP, given that it is another very old Universal Credit report, dating back to the start of the programme. It may even pre-date the released risk register, issues register and project assessment review.

But the IAAP’s release could embarrass the DWP. IAAPs have been mandatory for all major projects since 1 April 2011. They show how well officials have planned a project or programme.

UC assumptions

The Treasury will not normally approve funding without a satisfactory IAAP. It is likely the DWP made a range of over-optimistic assumptions about the UC roll-out in its IAAP.

The DWP’s refusal to release it was under section 36 of FOI legislation. This requires sign off by a minister. In this case it is likely to have been signed off by Lord Freud, the welfare and pensions minister.

He was the minister who originally refused the FOI requests for the Universal Credit risk register, issues register, milestone schedule and project assessment review.

It is unlikely that Crabb knows anything about Slater’s request for the IAAP.

No Whitehall department has yet released contemporaneously – under FOI or outside it – any reports on the performance, progress or otherwise of its big IT-enabled projects or programmes, including Universal Credit.

Arguably it is the continued secrecy on the way officials manage big and costly schemes that contributes more than anything else to the poor record of central government when it comes to understanding and implementing IT-related change.

Out of control?

John Slater said of the released reports,

“Whilst the information disclosed relates to the UCP as it was back in 2012 it is still important and relevant to the programme today.

“The information shows a programme that appears to have been running at breakneck pace and was out of control.

“The normal checks and balances that a professional organisation should have had in place, especially cost control, simply weren’t there. Whilst these problems were recognised in the risks and issues there was no sense that the senior leadership team were willing or able to do anything about them.

“Having read the information it is not a surprise that the Major Projects Authority had no other option but to stop and restart the programme via the now infamous reset.

“The released information also raises questions about the validity of the Universal Credit business case that might explain why it still hasn’t been signed off by the Treasury.”

Comment

Well done to Stephen Crabb. He has given the culture of secrecy at the DWP a gentle shake. But can he make a lasting difference?

As we saw in “Yes Minister” it is difficult for a new minister – or any minister – to have any permanent influence on officialdom. And it remains the case that neither the DWP nor any other department has ever released contemporaneously reports on its own performance or the progress on a big IT-related change programme.

The nearest thing to it is a National Audit Office report, but these are usually retrospective and they are almost always dismissed by departmental press offices and ministers as out of date, whether they are or not.

It is abundantly clear that the DWP is pre-occupied – maybe paranoid – about negative media coverage of the Universal Credit programme.

The same thing happened at the Department of Health over media coverage of the NPfIT NHS IT programme: officials even issued written instructions to NHS staff on the tone of voice they should use with journalists and others when discussing the programme.

Many of the legal reasons the DWP gave to FOI tribunals and appeal judges revolved around the fear of releasing information that could fuel a negative response by the media to the Universal Credit programme.

dwpWhitehall’s war on FOI

Crabb has won an FOI battle but his officials are winning the pro-secrecy war. For Crabb to make a lasting difference he will need to persuade Lord Freud – and any of his successors – of the virtues of openness.

Until officials willingly publish contemporaneous reports on the progress or otherwise of big IT-enabled change programmes, government will probably continue to have a poor record when managing these schemes.

Success in government IT requires openness because IT-enabled projects and programmes are about solving problems; and if the problems cannot be admitted let alone discussed widely they are unlikely to be solved,as we saw with the initial problems on the Universal Credit programme.

Universal Credit involves many external organisations such as local authorities and housing associations. The DWP could start to embrace media coverage as giving healthy challenge to its decisions – challenges that may help to resolve a range of problems that are inevitable when the benefit system is being simplified.

Keeping reports such as the IAAP secret – even after five years – will continue to fuel the internal paranoia against open and constructive debate.

After decades of secrecy over the contemporaneous release of project and performance reports it is time for lasting change.

Universal Credit shows it’s time to make all major government projects open and transparent – Computer Weekly Editor’s Blog.

Judge orders Universal Credit reports must be published – The Register

Victory for campaigners as DWP finally publishes Universal Credit reports – Politics.co.uk

Judge orders FOI release of Universal Credit IT reports

By Tony Collins

universal creditA judge has ordered the Department for Work and Pensions to release three Universal Credit IT reports that ministers and their officials have spent public money trying to keep out of the public domain.

Judge Chris Ryan and his FOI tribunal panel went further: they concluded that had the reports in question been disclosed at the time they might have corrected misleading government statements about the robust state of the Universal Credit programme.

In their ruling this week the tribunal said that disclosure of the documents,

“might have corrected a false impression, derived from official government statements by revealing the very considerable difficulties that were beginning to develop around the time when the information requests were submitted.”

Two director-level officials at the Department for Work and Pensions had argued that civil servants needed a “safe space” in the reports in question to be candid in their assessments of risks and problems.

But the FOI tribunal, whose members have project management experience, concluded that it’s in the self interest of officials to be candid and professional about problems and risks rather than be associated with a failed project.

In addition, officials would not wish to be held partly responsible in a later review, such as one carried out by the National Audit Office, for having “failed to draw colleagues’ attention to problems with sufficient clarity to ensure that they were addressed effectively and in good time”.

Civil servants had an “awareness of the importance of candour in support of good decision-making and their professional obligation to assist that process”.

The tribunal said the three reports in question should have been  disclosed at the time they were requested in 2012. It directed the DWP to disclose them.

If the DWP’s barrister can identify good reasons why the tribunal might have made an error, or errors, in law, he can appeal within 28 days, though a tribunal could reject his appeal . The DWP could then appeal this decision.

This cycle of appeals that has already happened once – or the DWP could now decide that it has spent enough public money on fighting the case and release the reports.

dwpDid the DWP mislead?

The reports are expected to throw light on the problems and risks of Universal Credit IT at  a time when DWP’s officials, secretary of state Iain Duncan Smith and his ministers, were giving assurances that all was well with the programme.

An FOI tribunal ordered the reports to be released in 2014 but various DWP appeals led to a re-hearing of the case last month (22 February 2016) at Leicester Magistrates Court.

Now Judge Ryan and two other FOI tribunal panel members have ordered that the DWP release a risk register, issues register and Major Projects Authority project assessment review.

The risk register described risks, the possible impact should they occur, the probability of their occurring, a risk score, a traffic light status, a summary of the planned response if a risk materialised, and a summary of the risk mitigation.

The issues register included a list of problems, the dates they were identified, the mitigating steps required and the dates for review and resolution.

The project assessment review gave a high-level strategic view of the state of UC, its problems, risks and how well or badly it was being managed.

The DWP argued that routine disclosure of such reports could lead to sensationalist headlines that would have a “chilling effect”.  Not wanting to give food to a hostile media, officials writing or contributing to such reports could make them anodyne.

dwpDWP fears “over-stated”

But Judge Ryan said the DWP had “over-stated” its fears. The tribunal suggested that the DWP had not been entirely truthful about the Universal Credit programme.

“We do not accept the Department’s submission that the management of the Universal Credit Programme is already exposed to sufficient public scrutiny and that this dilutes the strength of the arguments in favour of disclosure. On the particular facts of this case it is clear that the true story about the troubles which the Programme team faced only came to light a long time after the event and then showed a markedly different picture than had been portrayed by government statements issued at the time.”

This difference between reality on the UC programme and government statements was a good reason in favour of the disclosure of the reports, said the judge.

Closed session

The DWP’s witness Cath Hamp, a senior DWP official, went into closed session at the latest hearing to argue that her concerns about civil servant behaviour would be more clearly shown by reference to specific items in the withheld documents.

Her closed-session arguments related to the risk of fraud and hacking into the system, relations with commercial organisations, and relations with local government. The tribunal was not convinced by her arguments.

Neither was the panel convinced by the “chilling effect” arguments.

“The evidence on the likelihood of civil servants altering their behaviour in future with regard to their contributions to the preparation of a risk or issues register or to the conduct of a project review was, as Ms Hamp fairly conceded, speculative…”

FOI a benefit more than a “burden”?

The DWP argued that disclosures of the reports would have placed a burden on DWP’s Universal Credit programme executives. They would have been forced to divert their energies and time into correcting media reports about the seriousness of problems and risks. But the tribunal concluded,

“Nor do we accept that resources would be wasted in providing explanations. It is clear from the press releases that we have been shown that the Department has been adept at presenting its case to the public and that it clearly has the specialist staff to carry out that function.”

The tribunal suggested that FOI obligations, rather than cause harm as the DWP had suggested, would be a benefit. The FOI Act had “brought with it an obligation on government to explain itself to a greater extent than had previously been found necessary”.

The tribunal rejected the DWP’s argument that it faced a hostile media which made officials defensive.

“… the evidence before us suggests that, on this issue, the media has adopted a relatively balanced approach to information about the Programme that has come into its possession.”

The judge said that in any event it is a

“perfectly appropriate performance of the media’s role in a modern democracy for it to investigate and comment on the implementation of a major reform involving large sums of public money and a potentially crucial impact on the lives of some of the least fortunate members of society”.

He added: “We do not therefore accept the Department’s submissions on the likelihood of the public misunderstanding the disputed information, or being misled as to its significance by the media”

In its final paragraph the tribunal said,

“… we have concluded that the public interest in maintaining the exemption in respect of each of the withheld documents does not outweigh the public interest in disclosure and that they should therefore have been disclosed when requested. Our decision is unanimous.”

Comment

My thanks to IT projects professional John Slater who has been the main force behind the case in favour of disclosure of the reports.

He made the original request in 2012 for the reports to be published. I requested one of them. He went to the original First Tier Tribunal and to Leicester Magistrates Court last month to cross examine the DWP’s witness. The points he made were quoted by the tribunal in its submission.

It’s campaigners like John Slater (and Dave Orr) who have helped to make FOI legislation more effective than it would otherwise have been.

If the DWP continues to pour money into fighting the disclosure of the reports in question, it will confirm to some of us that, when it comes to its own interest, that is its interest as a bureaucracy,  it may not be a fit authority to manage the spending of public money.

I hope it will release the reports now. It is time it started distinguishing between the public interest and its own.

Universal Credit FOI tribunal ruling – March 2016:  077 110316 Final Open Decision