Category Archives: mutuals

NHS mutuals and social enterprises will need more support to succeed, says the King’s Fund

By David Bicknell

Healthcare think-tank, The King’s Fund, has produced a new report on social enterprise in healthcare which suggests  that there  are many practical challenges facing organisations in making the transformation to becoming a social enterprise or mutual.

These include including access to NHS pensions for new staff and the vulnerability of smaller organisations to failure, particularly given the change in payment mechanisms from block contracts and grants to an ‘any qualified provider’ model. Some will fail or, at best, become subcontractors for much larger businesses.

The King’s Fund report adds that  any qualified provider presents an opportunity for social enterprises (and other emergent providers) to enter the market. The Cabinet Office has stated that social enterprises can be a ‘force for innovation’, which need support through more intelligent commissioning.

“All providers will need to be better at demonstrating outcomes, particularly those delivering non-clinical services such as advocacy and support, where outcomes are much harder to measure and prove, the report says.

The King’s Fund says its findings echo those of the recent Co-operatives UK report, Time to Get Serious (Bland 2011), which identified the factors that will be important in establishing mutuals and co-operatives across UKpublic services.

These include concentrated business planning and support – during both the implementation and operational phases – and long-term commissioning and political commitment to nurturing the development of the social enterprise model.

“Assuming that social enterprises are to be embedded as health care provider organisations, they need time to evolve and to emulate the levels of customer service, quality and innovation seen in organisations in the commercial sector. Social enterprise directors spoke at length about the benefits available to them; however, the extent to which they are exercising these freedoms to innovate or grow is unclear,” says The King’s Fund report.

“Transferring out of the NHS now has additional risks, because organisations will not be protected by the long-term contracts that were initially available through the Transforming Community Services programme. The social enterprise directors and foundation trust chief executives we interviewed gave a clear message that the most significant feature of social enterprises is their focus on engaging staff in decision-making, rather than offering a package of incentives.

“However, some felt that staff engagement can be achieved without formally changing the ownership structure of an organisation. Giving staff a stake in the organisation they work for needs to be combined with much deeper engagement in decision-making than has traditionally been the case in the NHS, particularly when it comes to empowering frontline teams.

“Changing an organisation’s culture is much more difficult than altering its structure, but is essential if further improvements in performance are to be achieved. This has implications for workplace relationships, and requires leadership styles that foster collaborative and inclusive approaches to problem-solving.

“There are a variety of options for NHS providers to reap the benefits of the social enterprise model – namely greater staff engagement, flexibility and autonomy, and flatter decision-making – without major organisational upheavals. For example, models such as multi-professional partnerships – extending GP partnership models to others in primary care/social and community care or in secondary care, and multi-professional chambers within foundation trusts – build on the benefits of service line management in providing autonomy and flexibility to clinical teams.

“Providers, whether NHS, private sector or not-for profit, cannot wait for the commissioning intentions of clinical commissioning groups to become clear. They need to be proactive, working with others to design high-value services that no commissioner could refuse to buy. Social enterprises are well placed to do that. However, whether the government’s vision of the largest social enterprise sector in the world will be realised depends on the motivation of NHS organisations, their ability to overcome barriers and realise the benefits of social enterprise, and whether social enterprise is sustainable in the long term. The opportunities are there; the question is whether staff and their leaders want to take them.”

The King’s Fund’s recommendations for the future development and sustainability of social enterprises delivering NHS-funded care include:

  • Miscommunication and misinformation has hampered the establishment and operation of social enterprises in health care. The Department of Health must continue to take responsibility for ensuring the accurate dissemination of information about social enterprise and the Right to Provide programme, as well as broader developments in NHS terms and conditions and the support available to emergent social enterprises. This builds on its existing programme of workshops, sitevisits, case studies and networks.
  • Social enterprise directors should establish and maintain an open dialogue with staff and external stakeholders in the setting-up phase and throughout operations. The values of social enterprise and employee participation should be reflected in what the organisation does from its inception. Staff engagement is especially important during challenging periods or when making difficult decisions.
  • Central government, the Department of Health and directors of health care providers should not assume that setting up new organisational structures will automatically generate greater staff engagement. Staff engagement is a necessary pre-condition for the successful development of a social enterprise, but will not be achieved solely as a result of structural reforms. Other providers can potentially gain this benefit without major organisational upheaval, through developing strategies for staff engagement.
  • The protection afforded to social enterprises through long-term contracts at the beginning of the Transforming Community Services programme is no longer available. In these challenging economic times, and with the government committed to provider competition, social enterprises may be more vulnerable to failure. It is essential that social enterprises develop the necessary business orientation and flexibility to innovate that will be necessary in a more competitive environment.
  • Social enterprise leaders should be supported to develop the necessary skills and competencies through national development programmes. The Social Enterprise Investment Fund should continue to provide expertise, advice and support.
  • The guarantees and provisions of the earlier Right to Request programme should be continued. Arguably, the programme has been successful because of its commitment to guarantee pensions for existing NHS staff, as well as the investment in awareness raising and development support, the contract guarantee, and backing from the centre for individual applicants when faced with local, regional and trade union opposition.
  • It is likely that the benefits of social enterprises in health care will be seen in the longer term, with potentially limited impact in the short term. To achieve this long-term impact, there needs to be greater certainty around commissioning priorities. It is vital that the government and Department of Health commit to a long-term support programme and commissioning strategy for emergent social enterprises.

The report’s author, Rachael Addicott, has written this blog

Employment plans for mutuals and social enterprises may face TUPE obligations hurdle

By David Bicknell

What are the employment implications of creating mutuals and social enterprises following the publication of the Open Public Services White Paper?

An article by Asheem Singh of Impetus Trust on the Guardian’s Social Enterprise Network carries these TUPE references which may raise some questions about employment obligations in setting up a mutual or social enterprise.

“We also once worked with an organisation called Speaking Up, who found the requirements of a piece of European legislation called the Transfer of Undertakings (Protection of Employment) regulations (TUPE), which specifies that public sector staff contracts do not end because their employment structure changes, to be onerous.

“When Speaking Up had won a contract on the basis that they were an innovative, cost effective, nimble social enterprise, they found themselves obliged to take on staff previously from the public sector and both parties found the change in culture difficult. The point is that the change in management process is but one of many puzzles that emerge, as yet unaccounted for, hidden within the government’s plans.”

A standard cloud-based ERP for central govt?

By Tony Collins

 The Cabinet Office has published “Government Shared Services: A Strategic Vision – July 2011″ which suggests a  “cloud- based ERP standard platform which Departments could buy into and from”.

The idea is part of the coalition’s plans to standardise IT systems within government. Standardising could save money – but, as the Public Administration Select Committee warned last week, not if standardising means giving even more control of government IT to a few large, monopolistic suppliers.

The Cabinet Office says that a number of Departments are due to upgrade their supporting IT systems for back office corporate services in the coming years.

 “A co-ordinated management approach by Government will lower the cost of reinvestment whilst enabling a rationalisation of the current landscape,” says the Cabinet Office.

“For example, a number of large Departments who have implemented and operate an Enterprise Resource Platform (ERP) solution need to plan for the expiration of support to the current instance by 2013.

 “This presents an opportunity for UK Government to source a “vertical” solution for a “cloud based” ERP standard platform which Departments could buy into and from.”

On Shared Services, the plan is to 

“reform how Central Government procures and manages consolidated back office corporate services – by establishing an equitable market of a small number of accredited Independent Shared Service Centres and enabling Departments and their ALBs [arm’s-length bodies] to choose between these – in order to drive up quality and reduce costs of these services, in support of Governments cost reduction targets.”

The Cabinet office says that approved shared services centres will “provide outcome based services, using standardised simplified processes, with the expectation to regularly publish performance data against established benchmarks”.

They will be able to make use of different business models – such as mutualisation – to “leverage capability and the financial investment needed to deliver this service and may operate virtually or from a small number of fully integrated delivery centres”.

Government shared services – a strategic vision. July 2011

Big Society Capital launched to help provide investment for mutuals and social enterprises

The Government, backed by the High St banks, has launched the Big Society Bank,  to support organisations that invest in the sector, helping them:

  • Provide a greater range of financial services to social sector organisations;
  • Raise more money for onward investment into the sector; and
  • Become more sustainable and resilient themselves.

The bank, to be known as ‘Big Society Capital’ will, the Government says, also be a champion for social investment with policy makers, investors, stakeholders in the sector and the public at large. Venture capital pioneer, Sir Ronald Cohen, will serve as the unpaid, interim Chair of Big Society Capital Limited, the operating company of the group, until it is fully operational.  Nick O’Donohoe, formerly Global Head of Research at JP Morgan, will become Big Society Capital’s first CEO.

The Government insists Big Society Capital will play a critical role in speeding up the growth of the social investment market. Socially orientated financial organisations will have greater access to affordable capital, using an estimated £400million in unclaimed assets left dormant in bank accounts for over 15 years and £200million from the UK’s largest high street banks. Big Society Capital and the four Merlin banks have also come to an agreement on heads of terms for the banks’ £200m investment in the company.

Couple of quotes, first of all from Prime Minister David Cameron:

“When I announced the idea of a Big Society Bank, I wanted to help social enterprises and other groups to grow and expand their vital work. I am delighted that with today’s announcement of the organisation’s first investment, this vision is becoming a reality. I’ve seen the amazing work that Britain’s social enterprises already do to tackle some of our country’s most intractable problems.

“I believe that Big Society Capital will play a major role in injecting significant resources and financial innovation into these social enterprises, while at the same time attracting further funding from charitable foundations, private individuals and other investors. That’s why I wholeheartedly welcome today’s launch and the organisation’s first investment.

And also from Cabinet Office Minister Francis Maude:

“There are few moments like this when something happens that can really change the world. We’ve all heard about a small charity or social enterprise sweeping away entrenched local social problems. But we have not seen a significant commitment to help social innovations grow and be implemented on the national stage until now. Big Society Capital will undoubtedly change this and unlock the money that charities and social enterprises need to grow when a big opportunity comes along. This government is proud to support this achievement. I want to thank Sir Ronald Cohen and Nick O’Donohoe and everyone else, including the banks, who have made this a reality so quickly.”

There is more detail on the Cabinet Office website

Moving the mutuals discussion forward beyond the Open Public Services White Paper

By David Bicknell

Some strong words are being expressed about the ongoing development of mutuals and co-operatives by two commentators, Ed Mayo of Co-operatives UK and Craig Dearden-Philips.

Mayo’s article highlights the Foster Care Co-operative, an independent and ethical ‘not-for-private-profit’ fostering agency, based in Malvern, Worcestershire, with three regional offices, Greenwich Leisure Limited is one of London’s most successful mutual enterprises, operating more than 90 public leisure centres in the South East and West Whitlawburn Housing Co-operative is a fully mutual housing co-operative in the south east area of Glasgow which provides, manages and maintains quality affordable housing as examples of what people, working together can achieve.

But he warned, there will be challenges for public sector workers setting up new co-operatives.  “We need to ensure that we can provide real help which will guarantee that they are supported through this process, if indeed that’s what they want to do. Any new co-operatives formed need to enshrine the co-operative values and mustn’t be allowed to be ‘fake mutuals’.”

“Co-operatives can only succeed – and in the public sector success is essential – if they are independent enterprises, controlled by their members – staff and users. ”

In his article, Dearden-Philips says this, “What it (the Open Public Services White Paper) does for spin-outs can be more clearly expressed by stating what it dodges. In short, the three ‘P’s. Procurement, Pensions and People. It doesn’t tell public bodies that they can give spin-outs contracts and enjoy support from the centre in doing this. It doesn’t clear the mud about pension-rights for staff joining a spin-out or going back into the public sector afterwards. It doesn’t allow give clear rights to people who want to do this the entitlement to do it, assuming the business-case is there. Compared to the Academies Bill, which made all of the above very clear – with mass spinning out as a result – this White Paper was lightweight.

“All is not gloom. The Government’s own Mutual Support Programme opens in the Autumn and there are signs that the Department of Health’s successful Social Enterprise Investment Fund (SEIF) will also reopen for business soon. Conferences are aplenty, and some have more than just consultants in attendance, notably the Employee Ownership Association’s excellent event this month.

“Further to this, there are also signs that local authorities in particular are rising from the canvas following the knockout blow from this current year’s financial settlement. While a punishing in-year programme has needed to be put in place, absorbing all energy to date, councils are now eyeing the horizon and looking more strategically at the question of how they deal with greater demand and fewer resources long-term.

“The answer many are coming up with is that you can only really deliver more and better public services through a more fulsome engagement with citizens and communities. The public service cake used to be just made of one ingredient: public money. In future, the cake will be more complex, combining public funds, private funds, citizen effort and community endevour. The tailored, equitable services we all want will only come with all of these extra element ‘baked-in’.

“The questions most councils up and down are now grappling with is how to do this. Legacy services are expensive and ineffective but often politically incendiary because of what they represent. Public libraries are an example. The potential for libraries as community-hubs is well-documented but you need to convince people of the need for a new type of settlement for these kinds of institutions to work properly. This includes volunteers on top of paid staff, fundraising on top of public funding, paid for services on top of free ones, a business outlook on top of a social one.

“Where I am driving here is that I think the solution to the big question councils are grappling with lies in social enterprise. This defines social enterprise not in the frame of the public-private continuum, but as an entirely new approach to producing the public goods that most of us wish to see in our communities. For this reason, we should see their development as outside the usual EU procurement mindset that preoccupies most commissioners of services. Local authorities should be freed up from worrying about that and worry instead about how they are going to best combine their own resources with those of communities and citizens. ”

Meanwhile, there are more details here about a potential new source of funding for social enterprise

Mutualisation Briefing

Mutuals: Public sector ethos + drive + vision – excess process = innovation

By David Bicknell

Moving services from direct control to employee-led mutuals is a way for staff to create their own vision for what they want to achieve for the public, free from the constraints of tortuous processes and long-winded decision-making that strangle good ideas. Procurement rules, for example, are often condemned as the greatest block on innovation, as this Guardian article discusses.

It also covers what makes a public sector ethos and discusses the importance of not only changing structure through mutuals, but changing culture as well.

Lewisham discussions highlight town hall debates over possible future role of mutuals

By David Bicknell

Evidence is emerging of ongoing talks taking place  within councils over the possible mutualisation of services.

This blog post from Liberal Democrat councillor Alex Feakes references work on mutualism that Lewisham Council has done in South London. This debate, which has been covered on the Sydenham Town Forum and in the South London Press, is a useful snapshot of  policy discussions over mutuals that could follow up and down the country.

Mutuals: Four companies shortlisted as a partner for My Civil Service Pension

By David Bicknell

Four companies have been identified as potential partners for new mutual venture, My Civil Service Pension.

The four – Xafinity, JLT, Wipro and Capita – have been chosen from an initial tender list of 50 potential partners.

There is an article on the shortlist on the Guardian Public Leaders Network.

Mutuals: “Explore your potential” – says law firm Capsticks

By David Bicknell

Chris Brophy from law firm Capsticks has put together some useful thoughts on the Open Public Services White Paper

His conclusions make interesting reading. He says:

“It might be said that there are a lot of aspirational aspects to the White Paper but the crucial point for those that are open to inspiration, to changing their own public organisation or to developing a business from the public body, is that the mutual or social enterprise pathway is still being encouraged and people should really be reaching for the stars on it. The time is right to leave behind old, comfortable ways because they are simply not going to survive in the new financial era – even if you want them to. It is time to explore the potential in your own colleagues and the desire at Board level of your own organisation to fundamentally change the way in which you are operating. It is not quite now or never but the early bird catches the worm. And the worm is important for sustaining you through the winter. It is time to put into practice all you have learned about how to improve services from an intimate knowledge of the difficulties of doing it within the public sector. Applying that knowledge to latent, innovatory tendencies and grabbing on to all the help and support you can from around you might just well lead you to another place. If things get tough and people are having a go at you but you are enjoying doing things that you want to what you do, keep doing them; it is the only way to get where you want to be.

A listening period will now follow the publication of the White Paper until September, when a programme of work will be set out, followed by the government’s establishment of the priorities of the departments in November. Then, the proposals for legislation. Plenty of opportunity to gear up in the meantime.”

There are some further thoughts here too

Mutuals: ‘Managers are the biggest barrier to employee ownership’

By David Bicknell

In the aftermath of the Open Public Services White Paper, Stephen Kelly, who is in charge of the Coalition’s plan to mutualise the public sector, has been interviewed in the Daily Telegraph here.

Meanwhile, in this clip from a Policy Exchange debate on mutuals, Julian Legrand has been quoted as saying managers are the biggest barrier to employee ownership