Category Archives: openness and transparency

Does a Mid Staffs culture still pervade the NHS?

By Tony Collins

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

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

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

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

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

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

This isn’t happening.

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

North Bristol NHS Trust

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

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

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

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

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

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

Trust’s “numerous difficulties”

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

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

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

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

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

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

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

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

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

Francis in his report on Mid Staffs said,

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

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

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

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

But can NHS boards change in the absence of compulsion?

Audits of trust board reports?

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

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

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

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

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

Shouldn’t David Nicholson stay?

By Tony Collins

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

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

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

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

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

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

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

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

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

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

Does a Mid Staffs culture still pervade the NHS?

Barnet’s undemocratic BT/Capita outsourcing plan?

By Tony Collins

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

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

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

Straightforward question

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

His reply:

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

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

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

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

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

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

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

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

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

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

Undemocratic?

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

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

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

Accusations of Maladministration?

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

Links provided by Nick Griffin (1)  (2)

HMRC – you can change the people not the culture.

By Tony Collins

Years ago HMRC embraced openness by publishing minutes of its executive committee meetings.

Members of the monthly meetings of the HMRC “ExCom” [executive committee] include Lin Homer, the Chief Executive and Permanent Secretary, and CIO Phil Pavitt.  ExCom is the decision-making executive of HMRC.

The problem is that Excom minutes have been almost creatively uninformative. This is despite the cost to taxpayers of an ExCom meetings secretariat which provides support to the committee, co-ordinates papers and attends to take minutes.

Over the years the Excom members have changed of course, but the minutes from the start have parodied open government.

In its reporting what is said at Excom meetings, HMRC, it would appear, has rules based on a variation of BBC’s “Just a Minute”.  The title of the discussion can be mentioned as often as participants like but it’s against the rules to mention what HMRC does or decides.

In June Excom members discussed progress on RTI, HMRC’s highest-profile project, Real-Time Information, which is an essential part of Universal Credit.  This was recorded in the minutes under the heading RTI Overview … “The Committee went on to consider a range of elements…”  The minutes made no mention of any element.

This would be the ideal entry in HMRC Excom minutes:

6.2 Staff Survey

Excom members discussed the Staff Survey. The chairman and some members made remarks on the results. The discussion was wide-ranging and informative.  It included matters relating to risk and opportunities.  The results of the Staff Survey having been summarised, conclusions were reached, particularly on matters relating to HMRC, and proposals made for recommendations. A number of recommendations were agreed, some of which would be actioned shortly. Without any further discussion, and by a tacit mutual consent, members moved to the next item on the agenda.

Actual extracts from latest Excom minutes

Below are the first four items, taken from the latest Excomm minutes (the latest being 26 June 2012). I haven’t made these up.

If anyone reading these minutes is any the wiser about HMRC’s operations, and what recommendations have been agreed, please contact the department and let them know that a convention has been breached.

 Executive Committee summary minutes of meeting held on 26 June 2012

 Members:

Simon Bowles (Chair), Lin Homer, Dave Hartnett, Mike Falvey, Mike Eland, Stephen Banyard, Jim Harra, Phil Pavitt, Paul Gerrard (deputising for Craig Pemberton), Anthony Inglese.

 Attending:

Carol Bristow, Richard James, Stephen Hardwick, Will Cavendish (Cabinet Office Implementation Unit), Vicky Ranson (for item 2), Will Meehan (for item 3), Marie-Claire Uhart (for item 5), Janet Alexander (for item 6), John Atkinson (Secretariat).

Apologies: Craig Pemberton

1. Welcome

1.1 Simon Bowles opened the meeting and confirmed that Mike Falvey would be responsible for the meeting review and Stephen Hardwick would be responsible for drafting the key messages. He welcomed Paul Gerrard, who was deputising for Craig Pemberton. He also welcomed Will Cavendish, who was observing the meeting in the hub.

1.2 The minutes of the May 2012 meeting were agreed.

2. Risks to revenue raised

2.1 The Committee received a presentation on work aimed at increasing understanding of our 2011-12 performance and identifying the risks to the sustainability of this level of performance for the remainder of the SR period. They agreed to commission further work and to review the outcomes of this at their September 2012 meeting.

3. Performance hub

3.1 Following an overview of performance by the CFO, the relevant Directors General led a discussion around the hub visualisations on the following key aspects of current  performance – revenue raised, debt, tax credit error and fraud, contact centre performance, attendance management and employee engagement.

3.2 The Committee also discussed current causes for concern and risks related to departmental performance.

4. Causes for Celebration

4.1 The Committee reviewed the Causes for Celebration contained in the performance report.

My comment:

It’s a pity the Excom minutes are so defensive, even obfuscatory;  and it’s almost certainly because of HMRC’s culture and not the wish of members. Phil Pavitt is by any standard open and straightforward. He would probably change HMRC’s culture if he could. But could anybody?

Nothing astonishes men so much as common sense and plain dealing (Ralph Emerson). Clearly HMRC is in the business of astonishing nobody.

Self-congratulatory

There is something revealing in the minutes, however. Now and again detail infiltrates them – and it is self-congratulatory.

“The Committee reviewed the Causes for Celebration contained in the performance report.”

And on Real-Time Information …

“Stephen Banyard [An HMRC  Director General] opened the session by giving a summary of progress to date in this area and the positive feedback received from customers, rep bodies and trade press.”

So while HMRC is facing significant levels of fraud and error – the National Audit Office has qualified HMRC’s accounts for the last  12 years – the Excom board appears to be in search of every opportunity to slap itself on the back.

The Excom minutes at least have a dream-like quality to them.  Perhaps, like Christian in Bunyan’s Pilgrim’s Progress, the Excom Board members will overcome all the challenges and monsters and eventually reach the Celestial City. They may then wake up. Maybe.

Excom (and a link to its minutes).

Excom’s June 2012 minutes

Universal Credit – a chance to do things differently.

By Tony Collins

Comment

In his comment on the article “Is Univeral Credit really on track – the DWP hides the facts”  Nik Silver asks in essence: why shouldn’t progress reports by IBM and McKinsey on Universal Credit be kept between the parties and not made public?

He says that criticism is usually helpful if the two parties can speak frankly without external interference.

It’s a reasonable point – if you are judging the public sector by the private sector’s standards. A private company would not make public consultancy reports it has commissioned on the progress or otherwise of a particularly costly project. Why should it?

Private v public sector approaches on big projects

But if the project goes wrong the private sector board will be accountable for the loss of money, or opportunity, or both. A private company’s board cares about a failed project because it cares about the bottom line.  If there is cogent criticism in a consultancy report, it will ignore that criticism at its peril.

Those standards don’t always apply in the public sector. There is no bottom line to worry about, no individual responsibility. What matters is reputation. We have seen too many public sector failed projects where the desire to maintain face, politically and internally, distorts the truth on projects.

Several ministers were proclaiming the £11bn NHS IT plan, the NPfIT, to be a success while it was going disastrously wrong. On the Rural Payment Agency’s IT-based Single Payment Scheme Parliament discovered that bad news was covered up. Ministers Lord Bach and Lord Whitty said they were misled by their officials.

When the truth financially came out it was too late to turn around the project cheaply and easily. The Environment, Food and Rural Affairs Committee said that if such a failure had happened at a major plc, the board would have faced dismissal.

Cover up when a project goes wrong also happens in the private sector. But case studies indicate that when a private sector board finds out it has been lied to, it does its utmost to put things right. The bottom line is the motivation.

In the public sector it sometimes happens that nothing is done to put serious problems right because there is no acceptance there are any serious problems. Nobody is allowed to accept internally that things are going wrong. A state of unreality exists. Some know the project is doomed.  Some at the top think it’s on track. The truth in the consultancy reports remains hidden, even internally. [The DWP couldn’t find the IBM and McKinsey reports when we first asked for them.]

Like Nik Silver, we would like Universal Credit to succeed. We are not sure it will, because the truth is not coming out. Unless serious problems are admitted they cannot be tackled.

Public sector

In the public sector a disaster does not usually become apparent until things are so bad the seriousness of the problems cannot be denied. It may be that Universal Credit will be a success if it is delayed or changed substantially in scope. That won’t be possible without reports such as IBM’s and McKinsey’s being published.  In the meantime Iain Duncan Smith, the Work and Pensions Secretary, will  continue to be given papers showing that all is well.  If the IBM and McKinsey reports are published now, and they contain some serious high-level criticisms, perhaps impinging on policy and excessive complexity, the ills may be cured or at least tackled. If these and other progress reports are made public now the corrigible criticisms could create a political climate to address those ills.

At present Universal Credit looks like so many IT-based change programmes of the past.  One side says the project is becoming a disaster and the other side says all is well.  The truth I am sure is that some things look good and some things bad. The bad probably won’t be addressed unless Parliament, together with all those who have a professional interest in the project – and the public – know about it.

The way of the past is to keep everything hushed up until it’s too late. Now there’s a chance to do things differently.

Is Universal Credit really on track? – The DWP hides the facts.

Nik Silver’s website

CSC signs NHS agreement with UK government – finally

By Tony Collins

Four-year deal to deliver Lorenzo and other healthcare products

CSC announced today that it entered into an agreement with the NHS on August 31, 2012 to amend the existing contract under which CSC has developed and is deploying an integrated electronic patient records system using CSC’s Lorenzo Regional Care software products.

CSC says the agreement has received the approval of all required UK Government officials and is effective immediately. It offers “substantial flexibility to NHS trusts in their choice of electronic care records solutions while affording CSC the opportunity to expand and accelerate its marketing of the Lorenzo solution to NHS trusts across England”.

The term of the agreement extends through July 2016. It includes full mutual releases of all claims between the parties through the date of the agreement.

Under the deal the NHS will not be subject to minimum volume commitments which were part of the original NPfIT local service provider contracts. These controversial clauses had committed the Department of Health to a minimum spend with CSC, and could have led to the DH paying for deployments of Lorenzo that did not actually happen.

In return for this concession CSC has agreed to non-exclusive deployment rights in its designated regions. Trusts will receive ongoing managed services from CSC for a period of five years from the date of Lorenzo deployment by a trust, provided deployment is complete or substantially complete by July 2016.

“This agreement is a significant milestone in our relationship with the National Health Service and represents a renewed commitment by the NHS and CSC to a long-term partnership as well as CSC’s healthcare solutions,” said Mike Lawrie, CSC’s president and chief executive officer.

“Under this agreement CSC will continue to have the opportunity to support the NHS Information and Communications Technology infrastructure through deployment of our groundbreaking Lorenzo base product solutions, now rigorously tested and approved for wide-scale deployment across NHS.

“We are already seeing strong demand from NHS trusts that are confident our solutions will bring the safety and efficiency gains required by a modern NHS.”

Under the agreement the parties have redefined the scope of the Lorenzo products and have established deployment and ongoing service pricing.

CSC will deliver additional Lorenzo implementations “based on demand from individual NHS trusts”. The supplier says that a flexible arrangement has been established for these trusts to combine additional clinical modules with the core care management functionality of the Lorenzo solution to meet their specific requirements.

CSC and the NHS have also agreed to a streamlined approach for trusts which wish to take the Lorenzo products within the NHS-designated North, Midlands and East regions of England to obtain central funding from the DH for implementation of the Lorenzo products.

CSC may offer the Lorenzo solutions throughout the rest of England where trusts select CSC’s solutions through a separate competitive process.

It will offer a range of other solutions and services to the NHS, including general practitioner, ambulance and community systems, digital imaging and other related services.

CSC has told the US regulator the SEC that the new agreement “forms the basis on which the parties will subsequently finalize a full restatement of the contract”.

CSC gets £68m settlement up to 31 August 2012

The DH will pay CSC £68m, which represents what CSC says is “payment for value delivered to date, a net settlement amount for mutual claims of the parties and removal of exclusivity to provide a flexible market driven approach”.

But what the costs will be of continuing the NPfIT contracts, albeit modified, are not stated.

Comment

On the face of it the deal seems a reasonable one, though no figures are given. The big concession from CSC is the release of the NPfIT minimum volume commitments. It means the DH is not tied to minimum payments to CSC, whatever is deployed.

One question remaining though is whether trusts that have indicated they will take Lorenzo will be contractually committed to taking it. There’s a big difference between an intention to deploy and signing a contract to deploy it. Has the government made a promise to CSC to deploy Lorenzo at those trusts that have indicated a willingness to deploy it?

The DH says the new deal with CSC will save £1bn. CSC’s NPfIT contracts were worth £2.9bn. Much of that was unspent by August 2012. Does this new deal mean that CSC’s NPfIT contracts could still be worth about £1.9bn over 10 years, to 2015/16?

Open government requires that the DH release the terms of the deal, especially given the NPfIT’s disastrous history. But will that happen? Is the NPfIT being “dismantled” as the DH said it would be – or does this new deal with CSC keep it alive?

Is NPfIT being dismantled – brick by brick?

CSC gets £68m settlement

DH statement

The DH says that savings of over £1bn will be reinvested into the NHS following its “legally binding agreement with CSC”.

The DH press release says that the agreement will give local hospitals and NHS organisations the power to make their own decisions about which IT systems they use.

“The money saved will go back into the NHS and would be enough to pay for half a million extra knee and hip operations, and almost 15,000 extra doctors”.

The DH says it is committed to dismantling the National Programme for IT.

“The Department of Health, the local NHS and Cabinet Office have been in negotiations with CSC to ensure the existing Electronic Patient Record system, known as Lorenzo, is fit for purpose and focuses on the NHS’s current needs as well as providing value for money.

“Under the new agreement, CSC’s exclusive rights to be the only provider of clinical IT systems in the North, Midlands and East of England have been removed.

“The Government has been renegotiating its major contracts to not only ensure  wasteful spending is eradicated but that major suppliers are offering the best value for money.”

Health Minister, Simon Burns said  “We’ve removed the restrictive, top-down, centralised approach and given the local NHS the power to make their own decisions about which IT systems they use.

“The modern NHS still needs healthcare IT systems to exchange information securely and meet the needs of their patients. By re-shaping this contract, delays will be avoided in delivering much needed IT systems to the NHS, and will ensure the investment made to date is not wasted.

“This agreement marks a step in the right direction and a move to a new way of working which will allow the NHS to secure value for money and tailor its IT systems to meet the needs of its local patients.”

Minister for the Cabinet Office Francis Maude said

“Since May 2010 we have been building a strong operations centre at the heart of Whitehall to ensure that Government runs more like the best businesses.  As part of this we have been negotiating with our major suppliers, acting as a true ‘single client’, and generating savings of £806m and £437m respectively in the first two years of this Parliament alone.

“As I emphasised when I met with 20 of our top suppliers just last month, ours is not a Government that will tolerate poor performance – and today’s announcement will leave suppliers in no doubt that we will act to strip out waste from contracts where they offer poor value for the taxpayer.”

The Dh says that local NHS organisations “will no longer be committed to using Lorenzo, and will have the freedom to decide what IT systems are most suitable for their needs”.

CSC will retain responsibility for rolling out Lorenzo which is being used by 10 NHS organisations in the North, Midlands and East of England.

The DH says that if eligible local NHS organisations wish to use Lorenzo they will be able to access centralised support and funding but will first need to develop a robust business case and demonstrate value for money in order to gain approval to do so.

IBM in dispute with its joint venture partners on £585m contract

By Tony Collins

IBM says it is currently in dispute with the joint venture partners on a number of contractual matters relating to South West One, a joint venture between IBM and three public authorities. IBM owns the joint venture company.

South West One’s annual report says that a mediation was held on 4 and 5 July 2012 between IBM and Somerset County Council, which is the main public authority partner, on a confidential basis.

“No settlement has been reached and accordingly the board [of South West One] will be reviewing which of the remaining options in the contractual procedure should now be pursued,” says SW1’s annual report.

South West One’s report doesn’t give any detail on the “contractual matters” in dispute.

Possible matters under discussion might have included a withholding of money (the councils are expected to pay IBM about £585m over 10 years, from 2007),  contention over KPIs (IBM did not meet all of its key performance indicators and indeed met fewer of Somerset’s KPIs in 2011 than in 2010), changes to the contract which is being re-negotiated, a lack of remedial action over accounting problems in Somerset’s finance department following a major SAP implementation , a shortfall in expected savings, and the council’s extra costs of working around SAP-related problems .

It is known that a contract renegotiation has been underway for some time.

The contract was subjected to review after the Conservatives took control of Somerset County Council from the Liberal Democrats in May 2009.

The review in June 2010 found that some aspects of the contract had been successful but “figures provided do, however, tend to indicate that the anticipated procurement savings are currently falling short of projections”.

On service delivery the review said there had been “major and minor system problems and difficulties in implementation have been experienced which have often involved Somerset County Council staff in additional time and effort in working around these issues”.

It said that a “significant area of difficulty has been in relation to financial and processing components of SAP which have also had a serious effect on others outside Somerset County Council.

“As a result, there appears to have been substantial but unquantified additional direct and indirect costs incurred by the County Council and others in resolving the various difficulties encountered.

“Southwest One has also provided intensive additional resources at its own expense, notably in addressing the issues that arose in relation to the SAP phase one roll out where lessons have clearly been learned and applied to the more successful phase two implementation. More work is, however, still required as a priority in some key areas where concerns remain around the efficiency and effectiveness of service delivery and financial systems.”

South West One is dependent on the financial support of IBM to continue trading, says  company’s annual report. It adds that the “difficult political and economic environments in which the company has been operating have not shown any signs of easing”. Somerset has taken back from South West One finance, an HR advisory service, design and print.

“The difficult environment for business, both public and private, will continue to place strains upon opportunities for South West One,” said the annual report.

“There will be specific challenges in the forthcoming year due to the implementation of Universal Credit, the requirements of the Winsor report and changes in regard to the move from Police Authorities to Police Crime Commissioners.”

South West One made a loss in 2011 of £6.8m (a loss of £22.7m in 2010) and has accumulated net liabilities of £43.2m. The company can continue trading, in part because it has the support of IBM UK’s parent:  International Business Machines Corporation based at Armonk New York.

IBM owns 75% of the shares in South West One. Somerset owns 11.75%, Avon and Somerset Police Authority 8.25%, and Taunton Deane Borough Council 5%.

This article owes much to Dave Orr who has campaigned tenaciously for the facts of the South West One deal to be made known.  

Comment

The unsettled dispute suggests that the “partnership” aspect of the contract between IBM and the three public authorities – Somerset County Council, Taunton Deane Borough Council and Avon and Somerset Police Authority –  is at an end. A partnership normally implies a harmonious relationship between the parties.

Is it any surprise that things have come to this?

The South West One contract was signed in 2007, in the early hours, at a weekend, amid great haste and secrecy.  The deal was driven by a senior official at Somerset who wanted to take the council “beyond excellence”. But the joint venture had little support from many of the council staff who were seconded to South West One. Most councillors took little interest in the setting up of South West One.

IBM has found to its cost that signing a major contract with just an inner circle of enthusiasts is not enough to make such a deal work. Though some have changed many of Somerset’s councillors remain. It could be said that they deserve the deal they have got, given that so few of them took any interest in the negotiations in 2007.

Besides, it is unlikely that any joint venture which doesn’t have the support of most staff will work, which makes mutuals a potentially better shared-services option.

IBM struggles with SAP two years on – a shared services warning?

IBM-led model partnership based on SAP makes loss

Well done Eric Pickles – more open government to engulf councils

By Tony Collins

Few people have noticed but changes to the law next month could force councils to be much more open about big spending decisions including those that involve contracting out IT and other services.

It is a pity though that similar changes will not apply to the NHS.

The Local Government Association says that councils are already more open than Whitehall which is true.

Even so some councils are innately secretive about IT-related spending decisions, and discussions about projects that go wrong. Somerset County Council was notoriously secretive about its Southwest One joint venture with IBM in 2007. The deal has not made the expected savings and has consistently made losses. IBM claims the deal is a success.

Haringey Council’s “Tech refresh” project which went way over budget is another example. Evasive answers to opposition questions and meetings in secret were the norm.

Liverpool City Council was extraordinarily defensive and secretive about progress or otherwise on its Liverpool Direct Ltd joint venture with BT. The deal included giving BT control of IT.

Better public scrutiny

Now Local Government Secretary Eric Pickles has announced that changes to the law will mean that all decisions including those affecting budgets and local services will have to be taken in an open and public forum.

Ministers have put new regulations before Parliament that would come into force next month to extend the rights of people to attend all meetings of a council’s executive, its committees and subcommittees.

Pickles says the changes will result in greater public scrutiny. “The existing media definition will be broadened to cover organisations that provide internet news thereby opening up councils to local online news outlets. Individual councillors will also have stronger rights to scrutinise the actions of their council.

“Any executive decision that would result in the council incurring new spending or savings significantly affecting its budget or where it would affect the communities of two or more council wards will have to be taken in a more transparent way as a result.”

Councils will no longer be able to cite political advice as justification for closing a meeting to the public and press. Any intentional obstruction or refusal to supply certain documents could result in a fine for the individual concerned.

The changes clarify the limited circumstances where meetings can be closed, for example, where it is likely that a public meeting would result in the disclosure of confidential information. Where a meeting is due to be closed to the public, the council must now justify why that meeting is to be closed and give 28 days notice of such decision.

Chris Taggart, of OpenlyLocal.com, which has long championed the need to open council business up to public scrutiny, said

“In a world where hi-definition video cameras are under £100 and hyperlocal bloggers are doing some of the best council reporting in the country, it is crazy that councils are prohibiting members of the public from videoing, tweeting and live-blogging their meetings.”

These are the changes to be made by the  The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (the 2012 Regulations) which will come into force on 10 September 2012.

– Local authorities will have to provide reasonable facilities for members of the public to report council proceedings (regulation 4). This will make it easier for new ‘social media’ reporting of council executive meetings, opening proceedings to blogging, tweeting and hyper-local news/forum reporting.

– In the past council executives could hold meetings in private without giving public notice. From 10 September 2010 councils must give 28 days notice where a meeting is to be held in private, during which time people may make representations on why the meeting should be held in public. When the council wants to over-ride the notice period, it must publish a notice as soon as reasonably practicable explaining why the meeting is urgent and cannot be deferred (regulation 5).

– A document explaining the key decision to be made, the matter in respect of which a decision would be made, the documents to be considered before the decision is made, and the procedures for requesting details of those documents, has to be published (regulations 9).

– The new regulations create a presumption that all meetings of the executive, its committees and subcommittees are to be held in public (regulation 3) unless a narrowly-defined legal exception applies.

– Where the council has a document that contains materials relating to a business to be discussed at a public meeting, members of the local authority have additional rights to inspect such a document at least five days before the meeting (regulation 16). Previously no timescale existed.

– Where the council decides not to release the whole or part of a document to a member of an overview and scrutiny committee as requested by a councillor, it must provide a written statement to explain the reasons for not releasing such document (regulation 17).

– Documents relating to a key decision including background papers must be on the relevant local authority’s website (regulations 5, 6, 7, 9, 10, 14, 15, and 21).

Comment

Well done to Eric Pickles and the coalition. These are important and welcome changes. If council decision-makers know their discussions will be open to scrutiny they may give proper consideration to risks as well as the potential benefits of big IT-related investments. With inadequate scrutiny the potential benefits often drive decisions, which was the case with the flawed setting up of Southwest One. The press office at Liverpool City Council was so used to controlling information that its spokesman was outraged at questions we asked about its outsourcing venture with BT.

But what about the NHS?

It’s a pity the NHS is not subject to the new legal changes. Few trusts are open about their big IT-related investments; and when things go wrong, as has happened with some Cerner implementations, NHS trusts tend to lock all the doors, talk in whispers and instruct their press offices to issue statements that claim “teething troubles” have been largely addressed. The trust and everyone reading the statement know it is disingenuous but the facts to prove it are kept under wraps.

Organisations such as Imperial College Healthcare NHS Trust are taking decisions about major IT upgrades that could affect the safety, health and lives of patients without proper scrutiny. Pickles may want to mention his legal innovations to Andrew Lansley.

Eric Pickles announcement on opening up council discussions and decisions 

DWP finds hidden Universal Credit reports – after FOI requests

By Tony Collins

The Department for Work and Pensions has found two reports on Universal Credit reports it commissioned from IBM and McKinsey and did not know existed.

One of the reports was a Universal Credit “end to end technical review” carried out by IBM at a cost of £49,240. Another was a review of the Universal Credit “delivery model assessment phases one and two” carried by McKinsey and Partners at a cost of £350,000.  The assessments were in the first half of 2011.

In March, under the FOI Act, Campaign4Change asked the DWP for a copy of the reports and the Department couldn’t find them.

On 19 July 2012, Julie Kitchin, Senior Business Partner, Operations at the Financial Control Directorate, Risk Management Division, DWP Quarry House, Leeds, said in a letter:

“You asked for a copy of the Universal Credit Delivery Model Assessment Phase 1 and 2, and the Universal Credit End to End Technical Review.

“To ascertain whether the Department holds these documents I requested a thorough search of the Universal Credit Programme document library.

“Universal Credit Colleagues have confirmed that the Department does not hold documents with these titles or under these names…”

I replied that a mistake appeared to have been made. “The reports I asked for are referred to in this Parliamentary reply, which gives the cost of the reports and the consultants whom the DWP commissioned to produce them. How can the DWP now say they have no record of the reports?” I gave a link to the Parliamentary reply.

Kitchin said she would seek clarification.  Now Martin Dillon of the DWP’s Central FOI Team, says his Department has found the reports. Says Dillon in a letter,

“It has taken time to locate the documents as they are sensitive in nature and held securely and separately from the normal programme library of information – accessible only through a secure authority.

“I can however now confirm that the relevant records have been located and retrieved.”

Comment

So will the DWP now release the Universal Credit reports?

Not a chance.   The DWP does not publish any consultancy reports, especially external assessments of Universal Credit. Indeed it appears to be so innately, instinctively and culturally secretive that it hides from its own staff independent  assessments of its projects.

Could it be that the DWP is in part PR-driven, to the extent that it commissions tens of millions of pounds worth of external reviews of projects, which ministers and officials can quote from selectively in case a project such as Universal Credit is criticised in Parliament, but which remain hidden so that anything negative is always kept from public and Parliamentary scrutiny?

In defence of the DH’s decision to pay generous sums to BT for Rio and Cerner deployments under the NPfIT, the department quoted selectively from a series of consultancy reports which it refused to publish.

Officially the DWP has not made up its mind on whether to publish the Universal credit reports. In private its officials know there is no way it will publish them.

This is the official DWP response to Campaign4Change on the reports requested under FOI:

“It is occasionally necessary to extend the time limit for issuing a response. In the case of your request, we need to extend the time limit because the information requested must be considered under one of the exemptions to which the public interest test applies.

“This extra time is needed in order to make a determination as to the public interest. Accordingly, we hope to let you have a response by 13 September.”

Universal Credit is one of the government’s biggest IT-related projects. Ministers say that all is going well. But what if the plans are to go live with a tiny proportion of claimants in October next year, with most of the remainder to follow after the next general election, if at all? Is that a PR success or a postponed disaster? It’s certainly a good reason to keep independent assessments of the project secret.

“If people don’t know what you’re doing, they don’t know what you’re doing wrong.” – Yes Minister.

Has DWP lost £400,000 worth of Universal Credit studies it commissioned?

DWP hides already published report on Universal Credit

Millions of secret DWP reports.

Time for truth on Universal Credit IT

Maude gives up on plan to publish regular reports on major projects

By Tony Collins

Cabinet Office minister Francis Maude has given up on publishing regular “Gateway” reports on the progress or otherwise of big IT and construction projects.

Publication of the independent reviews has proved a step too far towards open government.  Were Maude to insist on publishing Major Projects Authority “Gateway” review reports, it would alienate too many influential senior civil servants whose support Maude needs to implement the Civil Service Reform Plan of June 2012.

Gateway reviews are independent reports on medium and high-risk projects at important stages of their lifecycle.  If current and topical the reviews are always kept secret. One copy is given to the project’s senior responsible owner and the Cabinet Office’s Major Projects Authority keeps another. Other copies have limited distribution.

In opposition Maude said he would publish the reviews; and when in power Maude took the necessary steps: the Cabinet Office’s “Structural Reform Plan Monthly Implementation Updates” included an undertaking to publish Gateway reviews by December 2011 .

When some officials, particularly those who had worked at the Office of Government Commerce, objected strongly to publishing the reports (for reasons set out below), the undertaking  to publish them vanished from further Structural Reform Plan Monthly Implementation Updates.  When asked why, a spokesman for the Cabinet Office said the plan to publish Gateway reviews had only ever been a “draft” proposal.

The anti-publication officials have thwarted even Sir Bob Kerslake, head of the Home Civil Service, who replaced Sir Gus O’Donnell.  When in May 2012 Conservative MP Richard Bacon asked Kerslake about publishing Gateway reviews, Kerslake replied:

Yes, actually we are looking at this specific issue as part of the Civil Service Reform Plan….I cannot say exactly what will be in the plan because we have not finalised it yet, but it is due in June and my expectation is that I am very sympathetic to publication of the RAG [red, amber, green] ratings.”

Inexplicably there was a change of plan. The Civil Service Reform Plan in fact said nothing about Gateway reports. It made no mention of RAG ratings. What the Plan offered on openness over major projects was an undertaking that “Government will publish an annual report on major projects by July 2012, which will cover the first full year’s operation of the Major Projects Authority.”  (This is a far cry from publishing regular independent Gateway assessments on major projects such as the IT for Universal Credit.)

Even that promise has yet to materialise: no annual report has been published. The Cabinet Office originally promised Parliament an annual report on the Major Projects Authority by December 2011. The Cabinet Office says that the annual MPA report has been delayed because the “team is now clear that it makes sense to include a full financial year’s worth of data and analysis in its first report”.

When eventually published the annual report will, says the Cabinet Office,  “make for a far more informative and comprehensive piece, and will include analysis of data up to 31 March 2012. This will be the first time the UK government has reported on its major projects in such a coherent and transparent way.”

Even so it’s now clear that the Cabinet Office is discarding its plans to publish regular Gateway review reports. Maude wants cooperation with officials, not confrontation.  He made this clear in the reform plan in which he said:

“Some may caricature this action plan as an attack on the Civil Service. It isn’t. It would be just as wrong to caricature the attitude of the Civil Service as one of unyielding resistance to change. Many of the most substantive ideas in this paper have come out of the work led by Permanent Secretaries themselves.”

But Maude is also frustrated at the quiet recalcitrance of some officials.  To a Lords committee that was inquiring into the accountability of civil servants, he said

“The thing for me that is absolutely fundamental in civil servants is that they should feel wholly uninhibited in challenging, advising and pushing back and then when a decision is made they should be wholly clear about implementing it.

“For me the sin against the holy ghost is to not push back and then not do it – that is what really enrages ministers, certainly in talking to ministers in the last government and in the current government. It is by no mean universal, but it is far more widespread than is desirable.”

It’s likely that Maude will keep Gateway reports secret so long as he has the cooperation of officials on civil service reforms.

Why officials oppose publication

The reasons for opposing publication were set out in the OGC’s evidence to an Information Tribunal on the Information Commissioner’s ruling in 2006 that the OGC publish two Gateway reports on the ID Cards scheme.

Below are some of the OGC’s arguments (all of which the Tribunal rejected).  The OGC went to the High Court to stop two early ID Cards Gateway reports being published, at which time OGC lawyers cited the 1689 Bill of Rights. The ID Cards gateway reports were eventually published (and the world didn’t end).

The OGC had argued that publishing Gateway reports would mean that:

–  Interviewees in Gateway reviews gave their time voluntarily and may refuse to cooperate.  (The Information Commissioner did not accept that officials would cease to perform their duties on the grounds the information may be disclosed.)

– Interviewees would be guarded in what they said;  reviewers would be less inclined to cooperate; and disclosure would result in anodyne reports. These three arguments were given in evidence by Sir Peter Gershon, the first Chief Executive of the OGC.

– Civil servants would be reluctant to take on the role of senior responsible owner of a project.

– Critics of a project would have ammunition which could discourage other departments and agencies from participating in the scheme.

– Cabinet collective responsibility could be undermined if Ministers were interviewed for a review.

– Criticisms in the reviews could be “in the newspapers within a very short time”, and the media could misrepresent the review’s findings. (The Tribunal discovered that those involved in the reviews were generally more concerned with their programme than possible adverse publicity.)

– Reports would take longer to write.

– The public would not understand the complexities in the reports.

Why Gateway reports should be published

The Tribunal found that OGC fears about publishing were speculative and that disclosure would contribute to a public debate about the merits of ID Cards, and provide some insight into the decision-making which underlay the scheme. Disclosure would ensure that a complex and sensitive scheme was “properly scrutinised and implemented”, said the Tribunal.

Was OGC evidence to Tribunal fixed?

The Tribunal was also suspicious that the OGC had submitted several witness statements that used identical wording. The Tribunal said the witnesses should have expressed views in their own words.

It found that disclosure could make Gateway reviewers more candid because they would know that their recommendations and findings would be subject to public scrutiny; and criticisms in the reports, if made public, could strengthen the assurance process.

Importantly, the Tribunal said the disclosure would help people judge whether the Gateway process itself works.

Comment

Hundreds of Gateway reports are carried out by former civil servants who can earn more than £1,000 a day for doing a review (although note Peter Smith’s comment below). As the reports are to remain secret how will the reviewers be held properly accountable for their assessments? No wonder officials don’t want the reports published.

Any idea how many projects we have and what they’ll cost? – Cabinet Office.

Whitehall cost cutting saves £5.5bn