Category Archives: IT-related failures

DWP tries anew for leave to appeal FOI ruling on Universal Credit reports

By Tony Collins

The DWP is continuing its protracted legal fight to stop publication of four reports on the Universal Credit programme.

The department this week asked the upper tribunal for leave to appeal a decision of the first-tier information tribunal that the four reports be published.  The first-tier tribunal had refused the DWP leave to appeal.

As expected, the DWP is doing everything possible within the FOI Act to stop the UC programme reports being published. This is despite MPs on the Work and Pensions Committee saying there is a “lack of transparency” on the Universal Credit programme.

The reports in question are more than two years old but they would show how much ministers knew about UC programme problems at a time when the DWP was issuing regular press releases claiming the scheme was on time and to budget.

By law the DWP has to deal with every FOI request individually but in practice the department has rejected every FOI request for reviews and assessments of its major IT-enabled projects and programmes including Universal Credit.

The four reports in question are:

– A project assessment review on the state of the UC programme in November 2011, as assessed by the Cabinet Office’s Major Projects Authority.

– A risk register of possible risks to the development or eventual operation of UC as perceived by those involved.

– An issues register of problems that have materialised, why and how they can be minimised or eliminated.

– A milestone schedule of progress and times by which activities should be completed.

In his request to the upper tribunal for leave to appeal the first-tier tribunal’s decision, the DWP’s lawyer  argues that the first-tier tribunal wholly misunderstood the nature of any “chilling effect” that publishing the reports would have on the frankness of civil servants contributing to them.

He said that the tribunal’s finding that disclosure of the reports would have no chilling effect was “perverse”, and that the tribunal failed to give due weight to the evidence of a senior civil servant Sarah Cox on the chilling effect.

He said that “many ex-ministers and others have spoken of the chilling effect of disclosure as an observable phenomenon within government” though he provided no evidence of this in his submission.

He added that the first-tier tribunal’s reasoning was “defective” in a number of respects. The tribunal had made a fundamental error of law, he said.

The tribunal’s “factual conclusion that disclosure of the disputed information would have no chilling effect whatsoever was one which no reasonable tribunal, properly directing itself as to the relevant legal principles, could have reached,” said the DWP’s lawyer.

Judge refuses DWP leave to appeal FOI ruling on Universal Credit reports

 

Criminal Justice IT – still criminally backward?

By Tony Collins

After decades of attempts to join up criminal justice systems, and hundreds of millions of pounds spent on attempts to integrate IT, such as “Libra”, there is still no single case management system that can pass offenders’ files seamlessly from the police to the prosecution, through the courts, and to the prison and probation system.

In the police service IT is particularly fragmented. There are 2,000 IT systems in use – 300 separate systems in the Metropolitan Police alone.

Meanwhile large companies such as Serco and G4S hold major contracts across the Departments’ activities creating the problem of “over-dependency on a small number of contractors who could become too big to fail”, says the Public Accounts Committee chairman Margaret Hodge. Her committee publishes a report today The Criminal Justice System.

Comment

Major suppliers have benefited from big contracts but criminal justice IT integration seems almost as far away as it was 20 years ago.

A new administration may be tempted to embark on the equivalent of an NHS IT programme for criminal justice, which is not a good idea. A grand plan for integrating criminal justice IT has already been tried at a cost of more than £1bn – called Criminal Justice IT.

Instead of lamenting how bad things are perhaps there should be an acceptance by a new administration that joining up criminal justice IT is never going to happen and it’s best to improve incrementally without a grand plan, which is what is happening now.

The problem with joined up IT is not the technology but the scale of business process change. It’s unlikely that all agencies could cope.

Indeed today’s Public Accounts Committee report says that “prosecutors have reported that it takes significantly longer to process work digitally rather than on paper”.

The Criminal Justice System 

Is working on Universal Credit a risk to health or career?

By Tony Collins

IT-related projects are about solving problems – and  if you cannot own up to the most serious of them, how can they be solved? For those working on Universal Credit it may be stressful, perhaps even hazardous to health, if they cannot discuss serious project problems openly.

Could it be that the DWP’s unnatural grip on information – what the National Audit Office called a good news reporting culture that “stifled open discussion and challenge”  – is a major factor in the delays, rising costs and lack of success in the Universal Credit programme?

Could it also explain why the programme has had so many leaders – who perhaps found that speaking their minds was culturally unacceptable?

I had a taste of the DWP’s grip on information when I asked a department press officer last week about Howard Shiplee, Director General  of Universal Credit who went off sick with bronchitis. Was he back at work? He may no longer be working full time, suggests Computer Weekly.

The DWP appointed Shiplee in May 2013 and he went off sick in December 2013. He took over the UC programme from David Pitchford who quit to return to his native Australia. Terry Moran who ran the universal credit programme at its inception retired from the DWP last year after an extended  period of sick leave.

Philip Langsdale, a highly respected IT expert with public and private sector experience, took over responsibility for the UC programme in September 2012 but died four months later.

Another short-serving incumbent was Hilary Reynolds, a departmental civil servant who was appointed programme director in November 2012 but moved to another role four months later. She replaced Malcolm Whitehouse, who had stepped down as UC programme director.

Andy Nelson, Chief Information Officer at the DWP who had partial control of UC, has resigned after little more than a year in the job.

Truthful?

Government press officers and other public-facing officials usually like to be helpful, open and truthful. But they also reflect an organisation’s culture, whether it is open or closed, or liable to dissemble. The DWP press officer I spoke to last week seemed unable to depart from her pre-agreed script. Clearly she was allowed to say that Shiplee was “at work and fully engaged in delivering Universal Credit” – but no more about him.

“Howard Shiplee is at work,” she said.

Is it accurate to say he is “at work” when it’s for one day a week only?

“He is at work and fully engaged in delivering Universal Credit.”

Isn’t it misleading for the DWP to imply that Howard Shiplee is working full time on Universal Credit when he is only working one day a week?

“He is fully engaged in delivering Universal Credit.”

So he is working full-time on Universal Credit?

“He is at work. And we have announced the next steps in the Universal Programme …”

That started a different line of questioning on whether the DWP was being misleading in its announcement that the “full” Universal Credit benefit will be rolled out in the north-west of England in June.

I asked what “full” meant, when the reality is that new UC claimants must be single, without children, newly claiming a benefit, fit for work, not claiming disability benefits, not have caring responsibilities, not be homeless or in temporary accommodation, and have a valid bank account and National Insurance number. Specifically excluded from UC “pathfinder” claims – although the original plan was include them – are income support, housing benefits, working tax credits, child tax credits and difficult cases.

The DWP’s latest announcement on the next steps in the UC programme refers four times to the “full” UC benefit:

From the DWP’s May 2014 UC announcement:

“The expansion of the full [my emphasis] Universal Credit benefit to the rest of the North-West of England will start in June, it was announced today. On top of that claimants in 10 parts of the country are also benefiting from the better work incentives of the full benefit.”

“In total 90 jobcentres, or one in eight jobcentres in Britain, will offer the full Universal Credit once the North-West expansion is completed.”

“During the summer the new benefit will also be made available for new claims from couples in a number of jobcentres that already deliver the full Universal Credit, expanding to all the current live sites over time.”

The DWP press officer did not answer my question directly.  She said couples will soon be able to claim UC in parts of the country. It appears she was not allowed to lie. But was she also forbidden from telling the truth?

For nearly 2 years the press office’s script was that the UC programme was “on time and on budget”. As the Guardian reported in April last year:

“The DWP has repeatedly claimed that the development is on schedule and on budget.”

But after the National Audit Office reported in depth in September 2013 that the UC programme was in a mess and that tens of millions had been written off the press office changed its script. Now press officers are instructed to say, if asked if the programme is on time and to budget, that it is “on track”, whatever that means.

The Work and Pensions Committee has criticised the DWP’s lack of openness and transparency on the Universal Credit programme. It said:

“On two occasions, the Government has made public the details about major changes to the timetable for UC implementation only when forced to do so by the prospect of oral evidence in front of the Committee. This lack of openness and transparency is not acceptable.”

The National Audit Office identified a ‘fortress’ mentality within the programme team; and the Public Accounts Committee said that the DWP’s UC team became

“isolated and defensive, undermining its ability to recognise the size of the problems the programme faced and to be candid when reporting progress”.

Now the DWP may be looking for Shiplee’s replacement. If so, how long will the appointee stay in post – a few months at best? Can any good UC project leader survive the DWP’s closed and dissembling culture?

Comment

As competent and talented UC leaders come and go it’s becoming easier to see why turnover is so high. The DWP and Accenture successfully built the enhanced National Insurance Recording System (NIRS2), in part by having daily round-table discussions about project problems.  I sat in on one of them. The meetings were marked by the openness of the exchanges.

For that reason IDS may unwittingly be the worst sort of person to be boss of a big IT-based programme. Can the UC’s programme leaders take their workplace problems to IDS without their suffering stress or worse?

The DWP was becoming innately secretive, not open to internal or external challenge, even before IDS was appointed. Since he took over in 2010 the department has become more defensive, introspective, closed, and excessively sensitive to its public image and reputation.

Can anyone run a big IT-based government programme amid a good news culture that permeates all levels of the hierarchy and IT teams at the DWP? It especially infects the DWP’s entrenched US-based major IT suppliers.

IDS has the advantage of understanding the UC programme and he is right to slow down its introduction, but if he stood down as UC’s political leader, the programme’s leaders could find their lives becoming less stressful, less hazardous perhaps.

[A more suitable political leader of the UC programme would, perhaps, be a pragmatist who is a good listener and is not preoccupied with self-image and looking strong – perhaps Frank Field (Labour), Norman Lamb (Liberal) or Richard Bacon (Conservative). ]

Privately the DWP’s ministers would probably argue that being open would give ammunition to the opposition which exploits for party political reasons every supposed UC problem. But openness could have pre-empted that.

If the DWP would publish the UC reports it has so far repeatedly refused to publish it could show in detail how it is tackling the problems in a measured and open way.

Nothing will change its culture. All we can hope for is that scrutiny will be intensified. The Work and Pensions committee is doing a good job, as is the NAO, the Public Accounts Committee, the Information Commissioner and the Information Tribunal but the scrutiny is spasmodic, not month to month or week to week, let alone day to day.

So where is the UC programme heading?

It seems that the Universal Credit programme will remain inherently flawed until after the general election when a new administration may own up to the depth of the problems and a new long-term rollout will be announced, perhaps extending beyond 2020.

You won’t hear that from the DWP, and particularly not its press officers.  But if they’re not allowed to tell the truth spare a thought for those working on the programme. Some of them are highly paid. But what’s money when your health is at stake?

Brian Wernham on UC leadership changes

 

Judge refuses DWP leave to appeal ruling on Universal Credit reports

By Tony Collins

An information tribunal judge has unexpectedly refused consent for the Department of Work and Pensions to appeal his ruling that four reports on the Universal Credit programme be published.

The ruling undermines the DWP’s claim that there would be “chilling effect” if the reports were published.

The judge’s decision, which is dated 25 April 2014, means the DWP will have to publish the reports under the FOI Act  – or it has 28 days to appeal the judge’s refusal to grant consent for an appeal.  The DWP is certain to appeal again. It has shown that money is no object when it comes to funding appeals to keep the four reports secret.

In 2012 John Slater, who has 25 years experience working in IT and programme and project management, had requested the UC Issues Register, Milestone Schedule and Risk Register. Also in 2012 I requested a UC project assessment review by the Cabinet Office’s Major Projects Authority.

Last month the “first-tier” information tribunal ruled that all four reports should be published. It rejected the DWP’s claim that disclosure would inhibit the candour and boldness of civil servants who contributed to the reports – the so-called chilling effect.

The DWP sought the tribunal’s leave to appeal the ruling, describing it as “perverse”. It said the tribunal had wholly misunderstood what is meant by a “chilling effect”, how it is manifested and how its existence can be proved.

It claimed the misunderstanding and the perverse decision were “errors of law”.  For the first-tier tribunal’s finding to go to appeal to the “Upper Tribunal”, the DWP would have needed to prove “errors in law” in the findings of the first-tier tribunal.

Now Judge David Farrer QC says his tribunal has understood the chilling effect but found no evidence that it was relevant to the four reports in question. Indeed the judge implies that if the chilling effect existed there would be evidence of it.

“The so-called chilling effect implies Government departments and other public authorities have by now extensive experience of decisions requiring them to disclose information which they sought to withhold for the reasons advanced by DWP here,” says the judge in dismissing the DWP’s request for permission to appeal.

“If the chilling effect is a widespread and damaging result of the fear of disclosure, there is every reason for central government to investigate the matter, enabling a government department to present a case based on its research.

“Quite apart from that, those receiving reports, conducting discussions and reading advice might be expected to observe, over a period, any trend in changing style and content of their colleagues` written work, so as to be able to present examples and relate them to the perceived threat of disclosure.

“Obviously the form of document will remain the same but it is hard to believe that the experienced observer could not spot and demonstrate a general loss of trenchancy, of innovation or of boldness in the content over a period if that were indeed the effect of possible public exposure.

“Such changes would constitute ‘concrete and specific effects’, adopting DWP`s wording.”

Although the reports requested under the FOI Act are now old – they date back to 2011 – their publication could throw light on how much DWP ministers and civil servants knew about the many problems with Universal Credit IT at a time when the department was issuing unswervingly positive press releases about the UC programme.

Judge Farrer hinted that DWP ministers and civil servants could have misled the public about the real state of UC programme.

Having read the four reports in question, the judge said in his ruling that the Tribunal was “struck by the sharp contrast with the unfailing confidence and optimism of a series of press releases by the DWP or ministerial statements as to the progress of the Universal Credit Programme during the relevant period”.

At the information tribunal in January 2014 a senior civil servant Sarah Cox, on behalf of the DWP, spoke on the supposed effects of disclosure on the candour and boldness of reviewers.

But the Tribunal noted that a Starting Gate review of Universal Credit was published [in 2011] which the DWP had refused to release under FOI. The Information Tribunal noted that Ms Cox did not suggest that the revelation of this document had inhibited frank discussion within the Universal Credit programme.

The Tribunal said reports such as the risk register and project assessment review are important indicators of the state of a project. Their disclosure can give the public a chance to test whether ministers and civil servants are giving out correct information on the state of a project.

This week the judge says that the Tribunal “read and heard the evidence of Ms. Cox, considered the subject matter and the withheld material, took account of her experience, applied its own experience of these cases and its commonsense and, on this issue, found her testimony unpersuasive, as it was entitled to do.”

In conclusion the judge says the Tribunal “rejects the claim that its handling of the ‘chilling effect’ issue involved an error of law.”

Comment:

The DWP was claiming in 2012 that all was well with the UC programme when in reality they knew there wasn’t even an agreed project plan.

That is a good reason for the DWP to want to keep the reports secret – but the main reason its senior civil servants want to stop publication is tradition. The DWP does not publish any of its reports on the state of big IT-enabled projects and programmes.

It’s perhaps because the DWP has always buried itself under the covers of secrecy that it is so imperious – to the point of arrogance – in its handling of FOI requests and appeals. It acts like an institution that is not used to having outsiders, including the information tribunal and National Audit Office – peep into its affairs.

Perhaps this is why the NAO found that the UC programme was being managed so badly. When complex institutions operate in secrecy and without effective day to day scrutiny standards can continue to fall to a point when even the best leaders are powerless to intervene.

There may come a time – if that time hasn’t been reached already – when the DWP will be held together, and only remain credible in the eyes of the public and Parliament, because of the solid work of its major IT suppliers that have been there for decades, bolstered by a plethora of media announcements and ministerial assurances.

We are certainly getting the media announcements and ministerial statements, but without the publication of reports on UC’s progress, do the official pronouncements mean anything at all?

FOI ruling judge refuses DWP leave to appeal

Why the DWP wants Universal Credit reports kept secret

By Tony Collins

Yesterday the Department for Work and Pensions, via Andrew Robertson, a lawyer in the Treasury Solicitor’s Department, issued the grounds for its appeal against an Information Tribunal ruling that four reports on Universal Credit be released.

The four reports in question are:

– A project assessment review on the state of the project in November 2011, as assessed by the Cabinet Office’s Major Projects Authority.

– A risk register of possible risks to the development or eventual operation of UC as perceived by those involved.

– An issues register of problems that have materialised, why and how they can be minimised or eliminated.

– A milestone schedule of progress and times by which activities should be completed.

The DWP keeps losing appeals to stop the reports being published– but public money being no object when it comes to justifying departmental secrecy, it keeps spending on appeals. The latest appeal is to the “Upper Tribunal”. A decision on whether the appeal can go to the Upper Tribunal will come shortly from the “First-tier” tribunal.

The DWP says its main grounds for appeal is that the Information tribunal “wholly misunderstood the nature and/or manifestation of any ‘chilling effect’. [The chilling effect suggests that public servants will not tell the whole truth in project reviews if they know the reports will be published. The counter argument is that it is the job and duty of public servants to tell the truth, which they are more likely to do if the reports are published and they could be held accountable if it transpires later they had not told the whole truth.]

The DWP said the Tribunal’s misunderstanding about the chilling effect “amounted to an error in law” and was “perverse”.

The DWP’s appeal document is here: Application for Permission to Appeal & Grounds of Appeal 16.04.14 (as fi…

Comment:

The DWP’s appeal document shows the ease with which its lawyers could credibly argue – with an entirely straight face – that day is night, and night is day, on the basis that daylight in one part of the world always signifies darkness in another part of the world.

The DWP’s lawyers could also credibly argue that black is white, and white is black, on the basis that colour is simply a perception based on the light reflected back to our eyes and that if an object can reflect back all the light we see it is white, and black will be perceived only superficially since it is necessary to doubt everything when assessing the world from a fresh perspective, clear of any preconceived notions.

It is in this Orwell-parodying vein that the DWP’s lawyers argue that four Universal Credit reports need to be kept secret. Below are 2 extracts from the DWP’s appeal document. Anyone who understands what either of these paragraphs means deserves a prominent place in the DWP legal team. Here’s a clue. Having read the paragraphs below three times I think they’re saying that it is difficult to prove whether a leaked document has had a chilling effect.

Says the DWP appeal:

“Any argument as to the ‘chilling effect’ of disclosure is necessarily speculative, because it makes assumptions about the future effect of an event that has not yet occurred (i.e. the future effect of disclosure of particular information). Any argument as to the ‘chilling effect’ of disclosure in the past of any ‘chilling effect’ is likely to be the assertion of persons whose experience in particular working environments has enabled them to assess and evaluate how candour and frankness may alter, or may have altered, in the light of premature disclosure of information…”

Here’s another excruciating extract from the DWP’s appeal document:

“The Tribunal’s assumption that it would be ‘quite easy to assemble’ a ‘before’ and ‘after’ documentary comparison itself exemplifies its erroneous understanding of how a ‘chilling effect’ can be proved. Far from being easy, it would in the majority of cases be impossible to demonstrate that a particular type of document had changed fundamentally as a result of disclosure. That is because the likely effect of disclosure will very probably not be a change in the form in which a document (such as a risk register) is produced. It will rather be a change in the substantive content of the register, as a result of a conscious or subconscious decrease in the candour of those contributing to it. But it will equally be impossible to show what those contributors might have said, had it not been for disclosure: because they will not, in fact, have said it.”

Jonathan Swift, in perhaps the best satirical book of all time, Gulliver’s Travels, described lawyers as a society of men “bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid”.

It’s not that the DWP’s lawyers lie. They don’t need to. This latest appeal is a legal nicety, a way of stringing things out, a display of conformance with the FOI game. Nothing will convince the DWP that it should publish the UC reports in question. Nothing will convince the DWP that it should publish any of its reports on any of its major IT-related projects or programmes.

If they need to, Iain Duncan Smith or Lord Freud, his minister, will simply sign a ministerial veto preventing publication of the UC reports under the FOI Act. If there is a legal challenge to the veto, as with the veto on the release of Prince Charles’ letters, IDS will be pleased to have the matter kicked into touch; and while the legalities stretch out over years the UC reports will continue to moulder in locked DWP cupboards.. Eventually they may be released – when they are so old nobody will care what they say. Or they will have disintegrated ( and no, the DWP doesn’t always keep its most secret reports electronically).

That’s what open government means to the DWP… precisely nothing.

Millions of pounds of secret DWP reports

Judge rules that key Universal Credit reports should be published

DWP throws money at keeping Universal Credit reports secret

Too much dishonesty and secrecy over Universal Credit project?

DWP criticised for “worrying” secrecy

DWP refused to release Universal Credit report to MPs

“Outrageous” secrecy at DWP (2005) 

MPs criticise secrecy in DWP IT probe (2004)

Survive a Public Accounts Committee hearing – a lesson for ministers and top civil servants?

By Tony Collins

Mark Thompson was Director General of the BBC for eight years from 2004 to 2012. He was one of the highest paid in the public sector, earning more than £800,000.  He’s now CEO of the New York Times Company.

When he went before the Public Accounts Committee in February 2014 he faced accusations he had mislead MPs over the BBC’s Digital Media Initiative which was cancelled in 2013. The BBC wrote off £98.4m on the project.

Thompson has emerged from the affair unscathed although he had presided over the project.  Indeed he seems to have impressed the committee’s MPs who are notoriously hard to please.

In today’s PAC report on the failure of DMI, MPs appear to have preferred Thompson’s evidence over that of other witnesses. So how is it possible to come to a PAC to answer accusations of misleading Parliament and end up winning over your accusers?

Today’s PAC report on DMI criticises the BBC for:

–  complacency in taking a “very high-risk” project in-house from Siemens

–  spending years working on a system that did not meet users’ needs

–  not knowing enough about progress which led to Parliament being   misinformed that all was well when it wasn’t

– ending up with a system that costs £3m a year to run, compared to £780,000 a year for the 40 year-old “Infax” system it was designed to replace. And Infax works 10 times faster.

In February 2014 Committee chairman Margaret Hodge began her questioning of Thompson over DMI by pointing out that, three years earlier, in 2011, he had assured the PAC that all was well with the project when it wasn’t.

Thompson told Hodge in February 2011 that DMI was “out in the business” and “there are many programmes that are already being made with DMI”. In reality, the DMI had been used to make only one programme, called ‘Bang Goes the Theory’ – and problems on the project at that time were deepening but, as in many public sector IT-based projects that go wrong, such as Universal Credit, bad news from the project team was not being escalated to top management (or the BBC Trust).

How Thompson won over PAC MPs

At the PAC hearing in February 2014 Hodge asked Thompson if he had misled the Committee when he spoke positively about DMI in 2011.

Thompson’s reply was so free of reserve that it appears to have taken the wind out of Hodge.

Thompson replied: “I don’t believe that I have misled you on any other matter, and I do not believe that I knowingly misled you on this one.

“I will answer your question directly, but can I just make one broad point about DMI before then? In my time at the BBC, we had very many successful technology projects—very large projects, some of them much larger than DMI. I believe that the team, including John Linwood [then the BBC’s Chief Technology Officer], who were in the middle of DMI, had many successes—for example, digital switchover, West One, Salford and BBC iPlayer.

“I just wanted to say … everything I have heard and seen makes me feel that DMI was not a success. It failed as a project. It failed in a way that also meant the loss of a lot of public money. As the director-general who was at the helm when DMI was created and developed and who, in the end, oversaw much of the governance system that, as we will no doubt discuss, did not perform perfectly in this project, I just want to say sorry.

“I want to apologise to you and to the public for the failure of this project. That is the broad point.”

Hodge (who would normally, at a point such as this, launch her main offensive) said simply:

“Thank you.”

Usually civil servants will deny that a big IT-based project has actually failed. Many times the archetypal civil servant Sir David Nicholson, when Chief Executive of the NHS, defended the failed NPfIT at PAC hearings.

But Thompson told PAC MPs:  “Here we are in the beginning of 2014—I am not going to debate with you whether or not this project [DMI] failed. I am sure we can talk about how, why, where and so forth, but it definitely failed.

“When I came to see you in February 2011, I believed that the project was in very good shape indeed. Why did I believe that? I had seen a number of programmes myself—I had been and seen parts of DMI working on ‘Bang Goes the Theory’; I knew that ‘The One Show’ had started to use elements of DMI a few weeks earlier; and I knew that a kind of prototype version of the technology had been used in the very, very successful ‘Frozen Planet’ natural history series.

“I have gone back and asked the BBC to look at all the briefing materials—I had a voluminous amount of briefing from the BBC—and there is a real consistency between the briefing I got – .”

Richard Bacon: Sorry, a real inconsistency?

Thompson: No, a real consistency between the briefing I got and the evidence that I gave. To be honest, some of this is going to go very much to the point Mr Bacon was making earlier on (about what is or is not a deployment).

Stephen Barclay: Just a second…So it was consistent, but consistently wrong, wasn’t it, because just the following month, after the consistent briefing, you were then aware that it was going to miss the key milestone? From March 2011 you knew it [DMI] was not going to hit the deadline.

Thompson: If I may say so, what I am trying to focus on at the moment is the question—I understand, given subsequent events, the perfectly reasonable question—about whether the testimony I gave in February 2011 misled you or not… My belief is that my testimony gave a faithful and accurate account of my understanding of the project at this point.

Hodge: But were you misled, then?

Thompson: Let me give you just a sense of my briefing. To be honest, there were echoes of this in John Linwood’s testimony a few minutes ago, and Mr Bacon has helped me to understand this by putting his finger on the use of one word in particular, which is ‘deployment’. This is the timeline …”

Thompson then did something civil servants rarely do, if ever, when they appear before the committee. He read from the internal briefings he had received on the project in 2010 and 2011 . Those briefings indicated all was well.

He was not even shown a draft Accenture report in December 2010 that said the elements of the DMI examined (by Accenture) were not robust enough for programme-making and that significant remedial work was required.

Thompson said that the day before he gave evidence to the PAC in February 2011 he was given an internal note which said:

“Our next release [of DMI], Enhanced Production Tools, entered into user acceptance testing this week. This release builds on the production tool we previously delivered in 2010, Fabric Workspace, and desktop editing and logging.

“We will deploy its release to pilot users in Bristol, the ‘Blue Peter’ production team, ‘The One Show’ current affairs team, ‘Bang Goes the theory’ — again — ‘Generation Earth’, weather and ‘Pavlopetri’ inside London Factual.”

Thompson had the firm impression that DMI was challenging but that the BBC was starting to deliver the system and users had been positive about the elements delivered.

Thompson said in February 2014, “Mr Bacon is right about the very bullish use of the world “deployed”, meaning, perhaps, elements that have been loaded on to a desktop but not really extensively used: that was the background to the remarks I made to you in February 2011. I am absolutely clear that at the time that was what I knew and believed about the project.”

Hodge: So you were misled?

Thompson replied, in essence, that the BBC’s business users tried to make DMI work but most of them gave up. There were tensions between the project team who were enthusiastic about DMI and the business users who, mostly, weren’t.

These were complicated, difficult issues, said Thompson. “There was a pronounced and, it would appear, growing difference of opinion between the team making DMI and the business users on how effective and how real the technology was.

“You will understand that I have been involved in a lot of projects at the BBC and in other organisations, and I can smell business obstinacy. I can smell when a business is unready, is not prepared to play ball or is constantly moving the goalposts.

“I absolutely understand John Linwood’s particular perspective, given what he was doing. He was a very passionate advocate of the project, and I understand all of that.

“In my time, which ended when I left in September 2012, I saw great efforts being made by the business—in other words, by colleagues inside BBC Vision, BBC North and elsewhere—to get DMI to work. Although there were tensions, I do not believe that those tensions, which frankly were more or less inevitable, were themselves a central and critical part of the project’s failure.”

Richard Bacon: … It sounds to me as if the people getting the business case through the main governance processes were technology and finance people. I want to be clear on what you are saying. It sounds to me as if the technology people were very gung-ho and the experience of the business people on the ground was that it was not necessarily working as well as they had been led to believe, so they probably lost faith in it. Is that a fair summary?

Thompson: “I believe that that was definitely what started to happen, certainly by the end of 2011 and through 2012. It happened for understandable reasons. This has been a troubled project…

“I thought great efforts were made in BBC Vision and in BBC North both by senior people and by some front-line programme makers to help us to get the thing to work.

“Where my perspective perhaps differs from John’s perspective – it is very easy for me to sit here and say that this project failed because some difficult programme makers refused to use it, although there may have been an element of that somewhere – is that I thought that, overall, this was a project on which there was a lot of work and effort to try to get it to work on the business side…”

Hodge asked again if Thompson had been misled when he assured the PAC in February 2011 that DMI was being used at the BBC.

Thompson: I believed it.

Hodge: You believed it?

Thompson: Yes.

Hodge:  You believed it, but were you being misled?

Thompson: “I think that the language that the team was using, combined to some extent with the fact that I had seen what looked like a very positive demonstration of it … I had heard that “The One Show” had also started using it, and I saw a list of other programmes that were also using it. That combined with the language in the briefing led me to believe that it was being more extensively used.”

PAC conclusion

The PAC could have concluded in its report today that the BBC had misled Parliament in February 2011. But MPs used the word “misinformed” instead.

“Neither the [BBC’s] Executive Board nor the [BBC] Trust knew enough about the DMI’s progress, which led to Parliament being misinformed. While [Thompson] assures us that he gave a faithful and accurate account of his understanding of the project at that point in early 2011, he was mistaken and there was confusion within the BBC about what had actually been deployed and used.

“In its reporting on major projects, the BBC needs to use clear milestones that give the Executive and the Trust an unambiguous and accurate account of progress and any problems.”

Comment

The PAC had every right to be angry.  So credible were the BBC’s assurances about DMI in February 2011 that the Committee published a report in April 2011 that reflected those assurances. It was wrong.

But there is a positive element in the failure of DMI – and that is the completely open and honest testimony of Mark Thompson.

MPs on the PAC are used to be being misled – usually by the sin of omission – when civil servants and ministers come before them. But when Thompson read from his internal briefings it was easy to see how he came to the view that DMI in February 2011 was showing signs of a success.

It was clear to MPs that Thompson had not set out to mislead.

Perhaps the moral of the story is that you can go far with honesty and openness. That’s not an easy lesson for the ministers and civil servants who have to appear before the PAC, but it has certainly served Thompson well.

BBC Digital Media Initiative – Public Accounts Committee report

 

Judge rules that key Universal Credit reports should be published

By Tony Collins

A freedom of information tribunal has ruled that the Department for Work and Pensions should disclose four internal documents on the Universal Credit programme.

The documents give an insight into some of the risks, problems and challenges faced by DWP directors and teams working on UC.

They could also provide evidence on whether the DWP misled Parliament and the public in announcements and press releases issued between 2011 and late 2013.

The DWP and ministers, including the secretary of  state Iain Duncan Smith, declared repeatedly that the UC scheme was on time and on budget at a time when independent internal reports – which the DWP has refused to publish – were highly critical of elements of management of the programme.

Some detail from the internal reports was revealed by the National Audit Office in its Universal Credit: early progress in September 2013.

The FOI tribunal, under judge David Farrer QC, said in a ruling on Monday that in weighing the interest in disclosure of the reports “we attach great importance not only to the undisputed significance of the UC programme as a truly fundamental reform but to the criticism and controversy it was attracting by the time of FOI requests for the reports in March and April 2012”.

It added:

“We are struck by the sharp contrast [of independent criticisms of elements of the UC programme]  with the unfailing confidence and optimism of a series of press releases by the DWP or ministerial statements as to the progress of the Universal Credit programme during the relevant period.”

A measure of the importance of the tribunal hearing to the DWP was its choice of Sarah Cox to argue against disclosure.

Cox is now the DWP’s Director, Universal Credit, Programme Co-ordination.

She led business planning and programme management for the London Organising Committee of the Olympic and Paralympic Games.

Despite Cox’s arguments Judge Farrer’s tribunal decided that the DWP should publish:

– A Project Assessment Review of Universal Credit by the Cabinet Office’s Major Projects Authority. The Review gave a high-level strategic view of the state of UC, its problems, risks and how well or badly it was being managed.

– A Risk Register of Universal Credit. It included a description of the risk, the possible impact should it occur, the probability of its occurring, a risk score, a traffic light [Red/Green Amber] status, a summary of the planned response if a risk materialises, and a summary of the risk mitigation.

– An Issues Register for Universal Credit. It contained a short list of problems, the dates when they were identified, the mitigating steps required and the dates for review and resolution.

– A High Level Milestone Schedule for Universal Credit. It is described in the tribunal’s ruling as a “graphic record of progress, measured in milestones, some completed, some missed and others targeted in the future”.

Campaign for openness

Campaigners have tried unsuccessfully for decades to persuade Whitehall officials to publish their independent reports on the progress or otherwise of big IT-enabled projects and programmes.

So long as the reports remain confidential, ministers and officials may say what they like in public about the success of the programme without fear of authoritative contradiction.

This may be the case with the Universal Credit. The tribunal pointed out that media coverage of the problems with the scheme was at odds with what the DWP and ministers were saying.

The ruling said:

 “Where, in the context of a major reform, government announcements are so markedly at odds with current opinion in the relatively informed and serious media, there is a particularly strong public interest in up-to-date information as to the details of what is happening within the [Universal Credit] programme, so that the public may judge whether or not opposition and media criticism is well-founded.”

The tribunal quoted a DWP spokesperson in 2012 as refuting criticism from the shadow secretary of state. The spokesperson said:

Liam Byrne is quite simply wrong. Universal Credit is on track and on            budget. To suggest anything else is wrong.”

 Sarah Cox implied that the DWP might have regarded a programme as on schedule, even if milestones were not achieved on time, provided that punctual fulfillment of the whole project was still contemplated. In reply to this, the Tribunal said:

 “If that was, or indeed is, the departmental stance, then the public should have been made aware of it, because prompt completion following missed interim targets is not a common experience.”

DWP abuse of the FOI Act?

Under the FOI Act ministers and officials are supposed to regard each request on its own merits, and not have a blanket ban on, say, disclosure of all internal reports on the progress or otherwise of big IT-enabled change programmes.

The tribunal in this case questioned whether the DWP had even read closely the Project Assessment Review in question. The tribunal had such doubts because the DWP, some time after the tribunal’s hearing, found that it had mistakenly given the tribunal a draft of the Project Assessment Review instead of the final report.

The tribunal said:

“…the DWP discovered that the version of the Project Assessment Review supplied to the Tribunal was not the final version which had been requested. It was evidently a draft. How the mistake occurred is not entirely clear to us.

“ Whilst the differences related almost entirely to the format, it did raise questions as to how far the DWP had scrutinised the particular Project Assessment Review requested, as distinct from forming a generic judgement as to whether PARs should be disclosed.”

DWP’s case for non-disclosure

The DWP argued that disclosure would discourage candour, imagination [which is sometimes called creative or imaginative pessimism] and innovation – known together as the “chilling effect”.

It also said that release of the documents in question could divert key staff from their normal tasks to answering media stories based on a misconception, willful or not. These distractions would seriously impede progress and threaten scheduled fulfillment of the UC programme.

Disclosure could embarrass suppliers that participated in the programme, damage the DWP’s relationship with them, and cause certain risks to come closer to being realised. The DWP gave the tribunal further unpublished – closed – evidence about why it did not want the Project Assessment Review released.

My case for disclosure

In support of my FOI request – in 2012 – for the UC Project Assessment Review, I wrote papers to the tribunal giving public interest reasons for disclosure. Some of the points I made:

– the DWP made no acknowledgement of the serious problems faced by the UC programme until the National Audit Office published its report in September 2013: Universal Credit: early progress.

– Large government IT-enabled projects have too often lacked timely, independent scrutiny and challenge to improve performance. Publication of the November 2011 Project Assessment Review would have been a valuable insight into what was happening.

– The NAO report referred to the DWP’s fortress mentality” and a “good news culture” which underlined the public interest in early publication of the Project Assessment Review.

Part of John Slater’s case for disclosure

At the same time as dealing with my FOI request for the PAR, the tribunal dealt with FOI requests made by John Slater who asked for the UC Issues Register, Risk Register and High Level Milestone Schedule.

In his submission to the tribunal Slater said that ministerial statements and DWP press releases, which continued from 2011 to late 2013, to the effect that the Universal Credit Programme was on course and on schedule, demanded publication of the documents in question as a check on what the public was being told.

Information Commissioner’s case for disclosure

The Information Commissioner’s legal representative Robin Hopkins made the point that publishing the Project Assessment Review would have helped the public assess the effectiveness of the Cabinet Office’s Major Projects Authority as a monitor of the UC programme.

A chilling effect?

The tribunal found that there is no evidence to support the “chilling effect” –  the claim that civil servants will not be candid or imaginatively pessimistic in identifying problems and risks if they know their comments will be published.

If a chilling effect exists, said the tribunal, “then government departments have been in the best position over the last ten years to note, record and present the evidence to prove it.

“Presumably, a simple comparison of documents before and after disclosure demonstrating the change, would be quite easy to assemble and exhibit,” said the tribunal’s ruling.

In her evidence to the tribunal Ms Cox did not suggest that the revelation by a third party of the “Starting Gate Review” [which was published in full on Campaign4Change’s website] had inhibited frank discussion within the UC programme, the tribunal said.

The tribunal also pointed out that the public is entitled to expect that senior officials will be, when helping with internal reports, courageous, frank and independent in their advice and assessments of risk.

“We are not persuaded that disclosure would have the chilling effect in relation to the documents before us,” said the tribunal. It also found that the DWP would not need to divert key people on UC to answering media queries arising from publication of the reports. The DWP needed only to brief PR people.

On whether the Issues Register should be published the tribunal said:

“The problems outlined in the Issues Register are of a predictable kind and “unlikely to provoke any public shock, let alone hostility, perhaps not even significant media attention. On the other hand, the public may legitimately ask whether other problems might be expected to appear in the register.”

On the chilling effect of publishing the Risk Register the tribunal said that any failure of a civil servant to speak plainly about a risk and hence to conceal it from the UC team would be more damaging to UC than any blunt declaration that a certain risk could threaten the programme.

“We acknowledge that disclosure of the requested information may not be a painless process for the DWP,” said the tribunal. ““There may be some prejudice to the conduct of government of one or more of the kinds asserted by the DWP, though not, we believe, of the order that it claims.

“We have no doubt, however, that the public interest requires disclosure, given the nature of UC programme, its history and the other factors that we have reviewed,” said the Tribunal.

The DWP may appeal the ruling which could delay a final outcome by a year or more.

Comment

The freedom of information tribunal’s ruling is, in effect, independent corroboration that Parliament can sometimes be given a PR line rather than the unvarnished truth when it comes to big IT-based programmes.

Indeed it’s understandable why ministers and officials don’t want the reports in question published.  The reports could provide concrete evidence of the misleading of Parliament. They could refer to serious problems, inadequacies in plans and failures to reach milestones, at a time when the DWP’s ministers were making public announcements that all was well.

Those in power don’t always mind media speculation and criticism. What they fear is authoritative contradiction of their public statements and announcements. Which is what the reports could provide. So it’s highly likely the DWP will continue to withhold them, even though taxpayers will have to meet the rising legal costs of yet another DWP appeal.

One irony is that the DWP’s ministers, officials, managers, technologists and staff probably have little or no idea what’s in the reports the department is so anxious to keep confidential.  On one of my FOI requests it took the DWP several weeks to find the report I was seeking – after officials initially denied any knowledge of the report’s existence.

This is a department that would have us believe it needs a safe space for the effective conduct of public affairs. Perhaps the opposite is the case, and it will continue to conduct some of its public affairs ineffectively until it benefits from far more Parliamentary scrutiny, fewer safe spaces and much more openness.

FOI Decision Notice Universal Credit March 2014

George Osborne gives mixed messages over UC deadline

Universal Credit now at 10 job centres – 730 to go. 

DWP finds UC reports after FOI request

UC – new claimant figures

Another DWP leader quits – is Universal Credit IT really working?

By Tony Collins

As the head of the Universal Credit programme, Howard Shiplee, returns to work after being off sick with bronchitis, news emerges that the DWP is to lose its IT head Andy Nelson whose responsibilities include Universal Credit.

The highly regarded Nelson is to leave this summer after little more than a year as the DWP’s CIO.

The DWP’s press office – which for more than a year had a brief to tell journalists that Universal Credit was on time and to budget – is saying that Nelson’s brief was the whole of the DWP’s IT. The implication is that Nelson had little to do with Universal Credit.

But Nelson’s brief specifically included Universal Credit. At the weekend IDS told the BBC’s Sunday Politics that the IT for Universal Credit is working. If that were so, wouldn’t Nelson want to be associated with such a high-profile success?

The FT, in an article in February on Shiplee’s sick leave, pointed out that Terry Moran, the civil servant in charge of universal credit at its inception, retired from the department last year after an extended period of sick leave.

Hilary Reynolds, a department civil servant who was appointed programme director in November 2012, moved to another role four months later. She in turn had taken over from Malcolm Whitehouse, who had stepped down from the programme around the same time as Moran.

Departures of top DWP people may be one of the few outward signs of the true state of UC IT until the next government reviews the programme and perhaps announces the results.

Open?

On the BBC’s Sunday Politics programme on 9 March 2014 IDS suggested he is being entirely open about the Universal Credit programme – he invited the media and come and see where it is being rolled out. But the DWP keeps hidden its internal reports on the actual state of the programme.  The Information Tribunal is currently weighing up whether the DWP should be ordered to publish one of its internal reports on the Universal Credit project.

IDS on BBC’s Sunday Politics

Below is a partial transcript of IDS’s interview with presenter Andrew Neil on the Universal Credit project. IDS refers incorrectly to write-offs of £28bn on IT programmes by the last government,  and he gives some seemingly contradictory answers.  If the government needs a spokesman to argue that day is night and night is day, IDS is probably the man.

Andrew Neil (presenter) Why has so much been written off on UC although it has barely been introduced?

IDS: “It’s a £2bn project and in the private sector IT programmes write off 30%-40% regularly because that’s the nature. The point I want to make here is that UC is already rolling out. The IT is working. We are improving as we go along. You keep your eye on the bits that don’t work and you make sure they don’t create a problem for the programme.

“The £40m that was written off was to do with security IT. I took the decision over a year and half ago. That is the standard write down – the amortisation of costs over a period. The existing legacy systems were written down in cost terms years ago in the accounts but they continue to work right now.

“We are doing pathfinders and learning a lot about it but I am not going this again like the last government did which is big bang launches and then you have problems like they had with the health IT and it crashes. You do it phase by phase, you learn what you have to do and you make the changes, then you continue to get the rest of it out.

“The key point is that it is rolling out and I invite anybody from the media etc to come and look at where it is being rolled out …”

Neil: You say it [Universal Credit] is being rolled out but nobody notices. You were predicting that one million people would be on universal credit by April and now it’s March and there are only 3,200 are on it.

IDS: “I am not bandying figures around but it is 6,000 and rising. I changed the way we were rolling out over a year ago. Under the advice I brought in from outside – he said: you are better off Pathfinding this out, making sure you learn the lessons, roll it out slower and you gain momentum later on.

“On the timetables for the roll-out we are pretty clear. It is going to rollout in the timescales originally set [completion by October 2017] but the scale of that rollout … so what we are going to do is roll it out in the North West,  recognise how it works properly, and then you roll it out region by region.

“There are lot of variations and variables in this process but if you do it that way you won’t end up with the kind of debacle the last government had in the health service and many others where they wrote off something in the order of £28 billion pounds of IT programmes. We won’t be doing that. There is £38bn of net benefits so it is worth getting it right.”

Neil: When will UC be universal – when will it cover the whole country?

IDS: “By 2016 everybody who is claiming a benefit will be claiming universal credit.

Neil: But not everybody will be getting it by then.

IDS: “Because there are some who are on sickness benefits and they will take longer to bring on because it is a little more problematic, and a bit more difficult because many of them have no work expectations. For those who are on tax credits and job seekers allowance they will be making claims on universal credit and many are already doing that now. There are over already 200,000 people around the country who are on parts of universal credit now.”

Neil: When will everybody be on UC?

IDS: “We said they would be on UC by 2018.”

Are you on track for that?

“Yes we are. 2016 is when everybody claiming this benefit will be on. Then you have to bring on those who have been on a long time on other benefits. UC is a big and important reform. It is not an IT reform. IT is only the automation. The important point is that it will be a massive cultural change.   The change is dramatic. You can get a jobseeker to take a small part-time job immediately while they are looking for work. That improves their likelihood of getting longer work and it means flexibility for business.”

Comment

The DWP says it needs a “safe space” to discuss the progress of its projects without the glare of publicity. That’s one reason it refuses to publish any of the reviews it has commissioned on UC. But the hiding of these reports, which have cost taxpayers hundreds of thousands of pounds, means that IDS can go on TV and say almost whatever he likes about progress on the Universal Credit project, without fear of authoritative contradiction.

Why does the Cabinet Office allow the DWP and other departments to keep secret their internal reports on the progress or otherwise of their IT-based projects and programmes? Probably because the Cabinet Office’s minister Francis Maude doesn’t want to be too intrusive.

So we’ll be left guessing on the state of big IT-enabled programmes until the scheme’s defects are too great to be hidden or the NAO publishes a report. Will the former that be the fate of Universal Credit IT?

Andy Nelson quits as DWP CIO

Somerset Council publishes “lessons learnt” from IBM contract

By Tony Collins

It’s rare for any council to publish the lessons learned from its outsourcing/joint venture contract, but Somerset County Council has set an example.

The council has produced its report to “inform future commissioning”. The council held a workshop to help identify the right lessons.

Written by Kevin Nacey, the council’s Director of Finance and Performance, and published by the Audit Committee, the document is diplomatically worded because the South West One joint venture contract with IBM continues; it was renegotiated in 2013 when the council took back some services and about 100 staff that had been seconded to South West One.

IBM is the majority shareholder in the joint venture company, and is its main funder. The minority shareholders comprise the county council, Taunton Deane Borough Council and Avon and Somerset Police. The joint venture company still provides ICT, finance and human resources/payroll.

Dave Orr, a former council IT employee and campaigner for openness, who spotted Nacey’s report, says it misses some important lessons, which are in Orr’s From Hubris to High Court (almost) – the story of Southwest One.

Lessons

From Somerset County Council’s Audit Committee report:

Contract too long and complicated

“One of the most significant lessons learnt is not to make contracts overly complicated. Both the provider and the Council would agree that the contract is incredibly complicated. A contract with over 3,000 pages was drawn up back in 2007 which was considered necessary at the time given the range of services and the partnership and contractual arrangements created.”

Expectations not met

“The partnership between the provider and the three clients has at times been adversarial and at times worked well. What has become clear over time is that any such partnership depends upon having similar incentives and an understanding of each partner’s requirements.

“Requirements change and the nature of local government changed considerably as a result of the national austerity programme. The well-documented financial difficulties faced by the provider early into the contract life also affected its ability to meet client expectations. The net effect is that at times the provider and partner aims in service delivery do not always match and discord and dissatisfaction can occur.”

Client team to monitor supplier “too small”

“The Client function monitoring a major contract needs to be adequately resourced. At the outset the size of the client unit was deemed commensurate with the tasks ahead, such as monitoring a range of performance measures and reporting on such to various management and Member forums.

“Liaison between partners, approving service development plans and approval of payments under the contract were other significant roles performed by the client unit. However, as performance issues became evident and legal and other contractual disputes escalated, the team had to cope with increasing workloads and increasing pressure from service managers and Council Members to address these issues.

“This is a difficult balancing act. You do not want to assemble a large client function that in part duplicates the management of the services being provided nor overstaff to the extent that there is insufficient work if contract performance is such that no issues are created.

“With hindsight, the initial team was too small to manage the contract when SAP and other performance issues were not resolved quickly enough. Sizing the function is tricky but we do now have an extremely knowledgeable and experienced client team.”

Some contract clauses “too onerous”

“Performance indicators need to be meaningful rather than simply what can be measured. Agreement between the provider and the SCC client of all the appropriate performance measures was a long and difficult exercise at the beginning of the contract. Early on in the first year of the contract, there were a large number of meetings held to agree how to record performance and what steps would be necessary should performance slip below targets.

“Internal audit advice was taken (and has been at least twice since under further reviews) on the quality and value of the performance indicator regime. It is regrettable and again with hindsight a learning point that too much attention was paid to these contractual mechanisms rather than ensuring the relationship between provider and SCC was positive. Perhaps the regime was too onerous for both sides to administer.”

Too ambitious

“Contract periods need to be different for different services as the pace of change is different. The range of services provided under the initial few years of the contract were quite extensive. On another related point the provider also had to manage different services for different clients.

“This level of complexity was perhaps too ambitious for all parties. Although there are many successful parts to the contract, it is inevitable that most will remember those that did not work so well.

“The contract period of 10 years is a long time for 9 different services to change at the same pace. Of course, service development plans were agreed for each service to attempt to keep pace with service needs as they changed. The secondment model introduced as part of the contract arrangements had been used elsewhere in the country before this contract used it.

“Nevertheless, it was the first time that 3 separate organisations had seconded staff into one provider. In many ways the model worked as staff felt both loyalty to their “home” employer, keeping the public service ethos we all felt to be important, and to Southwest One as they merged staff into a centre of excellence model.”

Hampered by terms of staff contracts

“The disadvantage was that Southwest One was hampered by the terms and conditions staff kept as they tried to find savings for their business model and to provide savings to the Council in recent years given the changing financial conditions we now operate under.

“Another aspect of this contract in terms of complexity is the nature of the partnering arrangement. It is not easy for all partners to have exactly the same view or stance on an issue. Southwest One had to manage competing priorities from its clients and the partners also had varying opinions on the level of performance provided.”

In summary

“This was a very ambitious venture. The service provided in some cases got off to an unfortunate start with the issues generated by SAP problems and relationships were strained and attracted much inside and outside attention.

“All parties have been working very hard to keep good relationships and to fix service issues as they arise. The sheer size and complexity of this contract has proven difficult to manage and future commissioning decisions will bear this in mind.

“Over the years officers running services that receive support from Southwest One have been surveyed regularly on how they feel the contract has been progressing. Despite all of the issues and lessons learnt outlined in this report, it is worth pointing out that many of the customer satisfaction and performance levels under the contract have been met by Southwest One.”

Comment

Well done to Somerset County Council’s Audit Committee and the Council’s auditors Grant Thornton for asking for the report. The South West One contract has been a costly embarrassment for IBM and the council. It has also had mixed results for Taunton Deane and the local police though officials in these two organisations seem locked into a “good news” culture and cannot admit it.

Perhaps the best thing to emerge from the IBM-led joint venture is this “lessons learnt” report. Without it, what would be the point of the millions lost and the damage to council services?

From contracts that don’t work out as expected, councils and central government departments rarely produce a “lessons” report , because nobody requires them to. Why should they bother, especially when it may be hard to get an internal consensus on what the lessons are, and especially when a report may mean admitting that mistakes were made when the contract was drawn up and signed.

Public sector organisations will sometimes do anything to avoid admitting they’ve made mistakes. Somerset County Council and its Audit Committee have shown they are different. Maybe the rest of the public sector will start to follow their example.

Dave Orr’s well-informed analysis of the lessons from Southwest One.

Is IDS losing his cool over Universal Credit IT?

By Tony Collins

IDS was polite and calm, almost deferential, when he went before MPs of the Work and Pensions Committee in September 2012.  “Can I say it is always a privilege to be here?” he said.

At at Monday’s hearing of the same committee, though, he was at times tetchy, patronising and mildly bullying. “I don’t think this committee can run the department,” he replied when asked why he hadn’t told the committee in 2012 of problems with the Universal Credit IT project.

Several times he talked over the MP who was asking him questions, with the result neither could be clearly heard.

[If he’s like that at meetings with DWP officials would anyone want to tell him something he doesn’t want to hear? Perhaps his loss of cool on Monday reflected the baffling complexity, and rising costs, of the waterfall part of  Universal Credit’s  IT programme.]

IDS might also have been shaken by the absence of his most authoritative ally, Howard Shiplee, who has been off sick since shortly before Christmas.

Hidden 

Over a period of more than a year, the DWP and IDS fed the work and pensions committee good news about progress on the Universal Credit IT project. The truth didn’t surface until the National Audit Office published its report on UC in September 2013.

Unknown to the committee in 2012, the DWP was struggling at that time to set out how the detailed design of systems and processes would fit together and relate to the objectives of Universal Credit. This was raised repeatedly in 2012 by internal audit, the Major Projects Authority and a supplier-led review. The committee wasn’t told.

Hence Dame Anne Begg, the softly-spoken chairman, came to Monday’s meeting with a direct question. Why, when IDS came before the Work and Pensions committee in September 2012, did he make no mention of having commissioned a red team review into the Universal Credit project several months earlier.

“Because it was an internal review,” replied IDS. “We were looking the results of that and trying to take whatever decisions were necessary. It was about some of the issues that were going on in the UC team…”

Begg: “But why didn’t you tell us a review was going on?”

IDS: “I don’t tell the committee everything that is happening within the Department until we have reached a conclusion about what is actually happening.”

Begg: “It was an ideal opportunity when you appeared before us in September [2012] that you could have said there were concerns about what was happening with Universal Credit but at that session you were very bullish about how successful everything was.”

IDS: “I still remain very confident about how successful it will be. [Note a difference in tenses between the question and answer]. At the time we were working out how we would make the reset.”

Sir Humphrey

At IDS’s sided was Robert Devereux, Permanent Secretary at the DWP, who seemed at times a parody of Sir Humphrey. [Animated in the delivery of some of his answers Devereux looked as if he was saying something interesting until you listened to the words.]

One MP asked Devereux why the DWP had given written evidence to the committee in 2012 that Universal Credit was on track when it wasn’t. Devereux said that UC was a large and complex programme. “You are constantly evaluating and re-evaluating your forward plans … as you go along things change.” MPs were none the wiser.

Misled?

Begg [to IDS]: Did you not think it appropriate that this scrutiny committee of the House of Commons, which oversees the work the department does, [should have been kept] informed about changes?

IDS: “With respect we did keep the Committee informed as and when we had clarified what we were actually doing and what we thought the problem was and where it existed and how you isolate it and what changes you made. I don’t for one moment agree in any way at all that we hid stuff. We knew we would be accountable to the committee and all would become public… I don’t think this committee can run the department.”

Begg pointed out that IDS had failed to mention a report of the Cabinet Office’s Major Projects Authority in February 2013. That report had notified the DWP of flaws in UC governance, management and programme design – despite the same matters having been raised in previous MPA reports.

Begg:  “You gave oral evidence to us on 10 July [2012] … but you did not refer at that session to the critical Major Projects Authority report or the reset which had already taken place earlier that year.”

IDS: “I cannot remember what I said to the committee. I have no desire to look back.”

Begg said the DWP told the committee that the pathfinder projects demonstrated that the IT systems worked. “You cannot get any more definitive than that,” said Begg. IDS gave no clear answer.

Obfuscation

Mid-way through the hearing, the mood of some of the exchanges was summed up by Labour MP Debbie Abrahams who told IDS:

“I cannot say with the strongest feeling my concern about the hubris that you have demonstrated in the tone to this committee. You haven’t explained, certainly to my own satisfaction – anybody who is watching will draw their own conclusions – you have not given any satisfactory explanation about how you have informed, or kept this committee informed, about the difficulties the department was experiencing.

“There have been obfuscation and smoke and mirrors even up to a few weeks before the report from the National Audit Office [in September 2013]. The memorandum that was released in August – this was clearly saying everything was fine and dandy. It is clearly not. I give you one more opportunity to answer, so you can explain to this committee, why such poor information is provided by your department.”

IDS replied: “I just don’t agree with you, and I don’t agree that we have done anything else but be open and honest about what the issues are, as and when they have been identified and what we would do about them as and when we have made our decisions about them…

Open?

“When we found something wrong we went and sorted it out. As we sorted it out we made clear direction about that, and eventually through the NAO, the PAC [Public Accounts Committee and the [Work and Pensions] committee.

“I think we have been pretty open about it. I don’t think there’s anything more. In fact in a sense we are going round and round in circles here at this committee hearing at the moment.”

Begg:  “We are not convinced you have got it sorted out.”

Comment

Monday’s hearing shows how ministers and officials justify the hiding of reports on costly IT-enabled projects that are going wrong. IDS didn’t even tell MPs in July 2013 that the Major Projects Authority had four months earlier recommended an immediate pause in the programme.

Most worrying of all, officials and IDS seem content that the DWP gave the work and pensions committee – in September 2012 and July 2013 – a good news story on the state of the Universal Credit IT project while truth about the project’s problems stayed hidden.

IDS suggested it was not necessary to tell MPs about reports until ministers have “reached a conclusion about what is actually happening” That may be never.

It’s time for public accounts and work and pensions MPs to insist on seeing Major Projects Authority reviews, and other reports, on the progress or otherwise of big government IT-enabled programme such as UC. MPs should not have to wait for an NAO report to get the truth.

Governments, whatever their hue, will always refuse to publish these reports contemporaneously, such is the will of departmental heads. They have been refusing to publish the reports for more than 20 years.

But if MPs keep insisting with an unbreakable tenacity on their publication  – and for publication before they are out of date – it may eventually happen, and gone will be the power of ministers and officials to mislead MPs on the state of big IT-enabled programmes.

Until publication happens, is there much point in MPs questioning IDS or his officials on the UC IT programme? They will get only the public relations version of the truth.