Category Archives: Uncategorized

NPfIT: NHS CE is still positive after all these years

By Tony Collins

 Last week the Department of Health announced the dismantling of the NPfIT. In the Department’s press release the comments of Francis Maude, Minister for the Cabinet Office, were harsh.

“The National Programme for IT embodies the type of unpopular top-down programme that has been imposed on front-line NHS staff in the past,” said Maude.

Not quite in accord with these sentiments is a letter that has been sent out by the Department of Health’s top civil servant Sir David Nicholson the Chief Executive of the NHS. Nicholson is the Senior Responsible Owner of the NPfIT. The letter sums up the current state of the NPfIT without a word of criticism of the scheme.

“The National Programme has provided us with a foundation, but we now need to move to more local decision making if we are going to truly unlock the potential of information to drive improvements for patients and achieve the efficiency and effectiveness required in today’s health service,” says Nicholson.

Having taken on the job in 2006, Nicholson was not responsible for the NPfIT – which was founded in 2002 – but he was appointed by Labour in part to promote the scheme within the NHS.

His positive view of the NPfIT remains a little out of step with the coalition’s criticisms. But Nicholson is part of the permanent civil service and ministers hold office temporarily. It’s easy to get the impression that senior officials see their ministers this way.

Nicholson’s stance reflects the view of senior civil servants that the NPfIT has been a success. Nicholson was party to a briefing in February 2007 of the then Prime Minister Tony Blair on the state of the NPfIT. The briefing paper was entitled “NPfIT Programme Stocktake and said  “ … much of the programme is complete with software delivered to time and to budget.”

In fact much of the National Programme is incomplete, late and the costs far exceed the original budgets, according to the Public Accounts Committee. Nicholson was knighted in 2009.

This is his letter last week to NHS chief executives on the “National Programme for IT and the latest steps to no longer run it as a centralised programme” …

Dear Colleague

In September 2010, we announced that the National Programme for IT (NPfIT) would no longer be run as a centralised programme and today I am writing to update you about the renewed steps being taken to achieve that change.

A modernised NHS needs information systems that are driven by what patients and clinicians want. Restoring local control over decision-making and enabling greater choice for NHS organisations is key as we continue to use the secure exchange of information to drive up quality and safety.

We are undertaking a review, led by Katie Davis, Managing Director for Informatics, of the full portfolio of Department of Health informatics applications and services to determine how we will take this work forward. I expect this to conclude and report in the Autumn. Alongside this, we are introducing new governance arrangements to support local decision-making, which we expect to be in place in the Autumn.

It is important to be clear that this review will build on the substantial achievements that have now been firmly established and are delivering real benefits to patients. Applications and services such as the Spine, N3 Network, NHSmail, Choose and Book, Secondary Uses Service and Picture Archiving and Communications Service will all carry on providing vital support to the NHS. Similarly, key national applications such as the Summary Care Record and the Electronic Prescription Service will continue to develop in line with our commitment to give patients real information and choice about their care.

We are working in partnership with Intellect, the Technology Trade Association, to develop proposals for how we can stimulate the healthcare IT and technology marketplace in future, to offer greater choice of supplier to local NHS organisations, while still achieving value for money across the service.

The National Programme has provided us with a foundation, but we now need to move to more local decision making if we are going to truly unlock the potential of information to drive improvements for patients and achieve the efficiency and effectiveness required in today’s health service.

Yours sincerely

Sir David

Comment:

There is no doubt that Nicholson’s actions are guided by sincerity and integrity. But his letter is a reminder that it is the civil servants that are in charge of Whitehall, not the ministers. The National Audit Office has exposed the blight on NHS IT of the National Programme for IT, as has the Public Accounts Committee and many others including academics.

Nicholson’s voice is the only one that really counts, though.

His views are in line with the institutional resistance in Whitehall to admit mistakes when anything undertaken by the civil service goes wrong. Senior civil servants who preside over failures and defend them in the face of outside criticism  – particularly criticism from MPs and the media – are much more likely to be knighted than those that share the concerns of outsiders.

Andrew Lansley should take control of his civil servants, which may set a precedent for a secretary of state, Department of Health. If this is beyond Lansley,  Francis Maude and Cameron should seek to exercise more control of the department.

Until ministers run the civil service, not vice-versa, reforms of central government IT, or indeed any major change in the machinery of government will not happen. All the signs are that senior civil servants are biding their time until after the next election when, they hope, reforms of government will have run out of steam. If the reforms fizzle out a great opportunity will have been lost.

NPfIT to be dismantled brick by brick

NPfIT to be “dismantled” – brick by brick

By Tony Collins

A Department of Health press release issued this morning is headlined:

                        Dismantling the NHS National Programme for IT

I asked a senior official at the Department what is new in the announcement. The official’s diplomatic reply was simply: “I am not sure how to answer that.”

There is nothing new. There is no evidence in the press release of the Department’s claim that the NPfIT is being dismantled. Negotiations continue with CSC over its £3bn worth of NPfIT contracts and BT’s deals will remain in place.

Spending on the NPfIT has been about £6.4bn so far – and about £4bn has yet to be spent. The Government has succeeded in persuading some in the general public that the NPfIT is dead. The Daily Mail’s front page has the headline:

                                £12bn NHS Computer System is Scrapped

The online version of the story has had more than 460 comments, which suggests it has been widely read.

The actual announcement gives a hint of the conflicting views among civil service and ministers. The first paragraph of the Department of Health’s press release says the NPfIT is being dismantled and the second paragraph praises the scheme.

“The government today announced an acceleration of the dismantling of the National Programme for IT, following the conclusions of a new review by the Cabinet Office’s Major Projects Authority (MPA). The programme was created in 2002 under the last government and the MPA has concluded that it is not fit to provide the modern IT services that the NHS needs. In May 2011 the Prime Minister announced in the House of Commons that the MPA would be reviewing the NHS National Programme for IT. 

 “The MPA found that there have been substantial achievements which are now firmly established, such as the Spine, N3 Network, NHSmail, Choose and Book, Secondary Uses Service and Picture Archiving and Communications Service.  Their delivery accounts for around two thirds of the £6.4bn money spent so far and they will continue to provide vital support to the NHS. However, the review reported the National Programme for IT has not and cannot deliver to its original intent.”

The signs are that the scheme will be dismantled brick by brick – and will be almost completely dismantled by the time the NPfIT contracts with BT and CSC expire in 2013 and 2014.  The coalition has achieved a PR coup with the Daily Mail story because the public has the impression that in these austere times a £12bn NHS IT scheme initiated by Labour has been scrapped.

The reality is that nothing has changed.

Department of Health announcement

End of NPfIT? – Campaign4Change on BBC R4 Today programme

By Tony Collins

Link to Campaign4Change audio on BBC R4 Today programme

BBC Radio 4’s Today programme this morning reported a Daily Mail article that the National Programme for IT in the NHS is being scrapped and that a coalition announcement is to be made this morning.

The Mail says that the money spent on the NPfIT would pay for 60,000 nurses for a decade, and that the scheme will be replaced by a “cheaper alternative”.

It says that there will be a new urgency in “dismantling the scheme”. Campaign4Change told the BBC R4 Today programme this morning that the NPfIT is not being scrapped and that about £4bn has yet to be spent on it. It said that trusts have the freedom to buy their own IT systems but using their budgets. The NPfIT will continue to provide Cerner and Lorenzo systems that are subsidised centrally, which gives the NHS an incentive to continue using NPfIT.

There is a difference of opinion within Whitehall over the NPfIT: that the Cabinet Office takes a rigorously independent view of the NPfIT and wants to wind it down. The Department of Health’s civil servants at a press conference last year justified the spend on the programme and said the contracts with CSC and BT would continue.  Campaign4Change told Today that the Cabinet Office should have the final say, not the Department of Health.

The Government clearly wishes it to be known that the NPfIT is being scrapped but that is not what is happening in practice. Contracts with CSC, which at present are worth about £3.2bn, are unlikely to be scrapped because of the compensation that would have to be paid to the supplier. The contracts may be cut back  by about £800m, though the cost of deployments remaining may double. BT’s contracts worth more than £1bn are also likely to remain.

The Daily Mail says the NPfIT will be “replaced with cheaper regional alternatives” and that the Coalition will “today announce it is putting a halt to years of scandalous waste of taxpayers’ money on a system that never worked”.

“Following an official review, the ‘one size fits all’ IT project will be replaced by much cheaper regional initiatives, with hospitals and GPs choosing the IT system they need.

“And a new national watchdog will be established to ensure such huge sums can never again be thrown away on uncosted projects.”

The decision to accelerate the dismantling of the scheme has been made by Health Secretary Andrew Lansley and Francis Maude, the Minister for the Cabinet Office, says the Mail.

It quotes from what appears to be a leaked memo from the Major Projects Authority of the Cabinet Office which has been reviewing CSC’s contracts.

“The authority said the IT scheme, set up in 2002, is not fit to provide services to the NHS – which as part of austerity measures has to make savings of £20billion by 2014/15.

It concluded: ‘There can be no confidence that the programme has delivered or can be delivered as originally conceived.’

The report is said to recommend that the Government  “dismember the programme and reconstitute it under new management and organisation arrangements”.

It added: “The project has not delivered in line with the original intent as targets on dates, functionality, usage and levels of benefit have been delayed and reduced.

“It is not possible to identify a documented business case for the whole of the programme.Unless the work is refocused it is hard to see how the perception can ever be shifted from the faults of the past and allowed to progress effectively to support the delivery of effective healthcare.”

Daily Mail article on the NPfIT today

Department of Health announcement

Are civil servants giving more work to SMEs – or less?

By Tony Collins

David Cameron, in a speech to a Government procurement conference on 11 February 2011, gave a pledge to ensure that  “25% of all government contracts are awarded to small and medium-sized enterprises”.

He said: “If we meet this goal it will mean billions of pounds worth of new business opportunities for SMEs”.

The Government has since dropped its pledge to give SMEs 25% of public sector contracts, though it remains an “aspiration”. To back this up, departments are under pressure to show they have awarded more work to small and medium-sized businesses.

As part of David Cameron’s Transparency commitments, all departments are required to publish each new contract let over £10,000 and state whether this contract has been let to a SME.

This information is available on the new Contracts Finder website alongside tender documents and opportunities. As part of the business plan process each department is also required to measure and publish the percentage of their third party spend that goes directly to SMEs.

The Government says it is investigating how best to collect data on spend with SMEs as sub-contractors.

That said, the firm target of 25% has been dropped because European tendering rules do not allow officials to give contracts specifically to smaller businesses.

The Cabinet Office says its official position now is:

“We will promote small business procurement, in particular by introducing an aspiration that 25% of government contracts should be awarded to small and medium-sized businesses.”

The Cabinet Office minister Francis Maude has been more cautious. He said at the time of Cameron’s talk that “as much as” 25% of public service contracts will be awarded to the private and voluntary sector in a bid to break up existing public service monopolies.

Have plans for more SME work gone into reverse? 

eWeek Europe now reports the concerns of SMEs that the 25% aspiration may give way to plans to consolidate government administrative work which could end up with major suppliers being given even more work.

eWeek Europe says that at the first meeting of the ‘New Suppliers to Government’ working group, which was put together by the Cabinet Office, members said the government’s aspiration to place 25% of its business with SMEs is in direct conflict with projects such as Sir Philip Green’s ‘Efficiency Review’,  which pushes for consolidation within the supply chain.

“There are two competing tensions inside the government,” said Mark Taylor, CEO of Sirius and lead for the New Suppliers to Government working group. “One of them is the Cabinet Office’s stated commitment to getting more SME involvement. However, the other drive within government is pushing things the other way…

 “The implication of that programme is they will reduce the number of people they buy from to a very small amount of very large suppliers,” said Taylor. While this can be an effective way to cut costs through economies of scale, it is not appropriate to every sector, added Taylor.

In the case of IT innovative ideas are coming from smaller companies, which can help reduce government spending through agile processes and open source.

Taylor cited the Ministry of Justice’s Cipher project as an example of how SMEs are being elbowed out of contracts as a result of these conflicting objectives. In March 2011, the MoJ cancelled freelance IT contractors supplied through SMEs and transferred their work to outsourcing company Capita and its £123m Cipher contract.

“The solution that we are proposing is very simple,” said Taylor. “In the private sector, companies of whatever size will purchase from whichever entity makes the most sense. If it’s a commoditised service, buy it from a huge supermarket at commodity prices. If it’s a specialised service that is appropriate for the business, buy it from an SME.”

Stephen Allott, the Cabinet Office’s crown representative for SMEs, has said it will take up to two years for Whitehall to stop excluding small businesses from work they could do more effectively than larger rivals.

Allott was quoted in the Telegraph as saying that meaningful reforms were being rolled out, but that they would take time to be implemented. “There are a lot of things that need to be fixed,” he said.

Comment:

There is a real risk that the coalition’s laudable aspirations to change the way government works will fall victim to a combination of strong lobbying by the big suppliers and overwhelming forces within the civil service to keep things much as they are, which usually means playing safe – or that is how it is perceived – by continuing to rely on the large suppliers, the so-called systems integrators.   

For decades the big companies have had their way and have been paid very well for services of mixed quality. One result of the domination of big suppliers is that inefficiency is endemic. The Cabinet Office minister Francis Maude wants government to change and we support him. He’ll need to do more to make change happen, though. Meanwhile the civil service is doing what it does best: keeping the hands of ministers off the steering wheel. Maude is being given so much work that, in his words, it’s difficult to “keep all the plates spinning”.

Many in the Cabinet Office want to support Maude and effect reform. But can they do it when Maude is distracted by having too much work, the big suppliers are doing all they can to keep and expand their existing contracts, and departmental civil servants are confortable in their existing SI relationships?

eWeek Europe

An example of one SME’s innovative ideas

Agile – a series of London Tea Parties

By Tony Collins

Anyone interested in agile techniques  – users and suppliers, public and private sectors – is invited to share ideas at a London Tea Party on 22 September at the Cafe Zest, 2nd Floor of the House of Fraser on Victoria Street, from 4pm – 6pm.

It is arranged by Abby Peel who has recently joined Mark O’Neill in the Innovation and Delivery team within the Government Digital Service. Peel is Head of Community.

Peel says that “AgileTea”  is an informal get-together for those who work with agile methods, are interested in it, or who know nothing about it but want to know more.

An example of agile in government is the Government e-petitions website which was launched recently to much public interest after being developed by the Innovation team in six weeks.

AgileTea will be the first of a regular series of informal, BarCamp style events that will bring together like-minded people to hear, contribute and engage in discussion of agile methods.

Each meeting will have guest speakers. Anyone can ask to give a short presentation of up to 10 minutes.  At the first AgileTea speakers will be Richard Pawson  from Naked Objects who’ll talk on “Experience of very large scale agile development at the Irish Department of Social Protection” and Mark Foden of Foden Grealy who’ll speak on “Where agile fits”.

An NHS success story – what’s to learn from it?

By Tony Collins

IM&T at Trafford General Hospital makes visits to hospital safer for patients and gives managers the information they need to monitor the work of clinicians. Even doctors like the advanced technological environment and come up with ideas for improvements. So what lessons can be learnt? Here are four:

–           Be in control of your IT suppliers. Too often in the public sector it’s the other way around

–           Don’t buy from suppliers that seem excessively secretive and talk much about their proprietary information – which may include your data. Know their systems well enough to produce the reports you want, when you want them and in the format you want, rather than wait for your information to be given to you when the suppliers want to give it, and in their format.

–           Don’t impose change. Have the push come from the business users [in Trafford’s case clinicians] who understand what technology can do for them.

–           Keep IT in the background – not centre stage.

Civil service “full of brilliant people terribly managed”

By Tony Collins

Andrew Adonis was transport secretary in Tony Blair’s government. Last year he became director of the Institute for Government which Adonis describes as a thinktank that speaks truth to power.  Among other things it produced the excellent System error: fixing the flaws in government IT which advocates an agile approach to innovation at the front line.  

Now in an interview with Politics.co.uk  Adonis points out the institutional weaknesses of the civil service.  “My criticisms are about the machine,” he says. “My own view is that the civil service is full of brilliant people who are terribly managed.”

One of the biggest problems is what he calls the  “laughably” named permanent civil service. People change jobs because of a merry-go-round culture which makes no sense, he says.  It’s not a problem that’s going away: since the general election ten of the 16 departments of state have had changes in their permanent secretary.

“The machine really is very badly run,” he says.

Comment

What Adonis says is important because institutional resistance to change and innovation is largely because what exists is said to be work well. It doesn’t work well because government administration costs tens of billions much more than it should and the National Audit Office has found that fraud and error in two of the biggest departments, HMRC and DWP, are at unacceptable levels. 

It’s time that the point made by Adonis, and many others of some authority, is given more credence.  Systems within government need changing and, particularly, simplifying  – not in a rush and not without proper thought and testing.

The old argument that government administration aint broke so leave it alone doesn’t stand up to independent scrutiny. It is broke and it needs intelligent, inventive and cheap-to-implement change.

Met Office has IBM secondee as CIO

By Tony Collins

The Met Office gained ministerial approval to appoint an IBM employee for a year as secondee CIO, until the end of October 2011, according to information released under the FOI Act.

It appears that the salary of the IBM executive David Young is being paid, at least in part, by the Met Office. In documents released under the FOI Act the Met Office has redacted [edited out] details of Young’s proposed remuneration and performance bonus.

As a trading fund within the Department for Business, Innovation and Skills, the Met Office is required to operate on a commercial basis. It was part of the Ministry of Defence at the time of Young’s appointment. His recruitment was approved by the Secretary of State.

Internal emails show that the Met Office apparently overcame a recruitment ban and constraints on secondments.

Having your CIO seconded from your biggest IT supplier may be novel but it could be controversial because of the perception of a potential conflict of interest.

It would not the first time a public authority has been involved in a controversy after seconding an IBM employee as head of IT.

In 1993 a report of the district auditor criticised the then Wessex Regional Health Authority after it transpired that a member of the health authority was a director of IBM. The IBM director at Wessex promoted a controversial and successful bid for core systems to be supplied to the health authority by IBM and Andersen Consulting (later Accenture). The director later asked that his letter lobbying for the contract be destroyed.

The auditor also found that the Wessex authority bought an IBM mainframe without proper legal authority, the members of the authority having not been informed. The authority paid an unnecessarily high sum for the mainframe and there were doubts the machine was needed. A decision to proceed with the purchase of the mainframe at Wessex was made on the advice of the regional health authority’s new regional information systems manager who was an IBM secondee.

The Met Office, however, has given full consideration to the potential for a conflict of interest in appointing Young as its CIO. It said in a statement this week:

“Full consideration of any potential conflicts of interest regarding David Young’s appointment were fully considered prior to his appointment and his terms of engagement specifically cover these.

“The Met Office complies with specific rules set by the government with regard to procurement and purchases of IT equipment must be agreed by the Met Office Executive.”

The Met Office is one of IBM’s biggest customers. It says on its website: “We are now using an IBM supercomputer which can do more than 100 trillion calculations a second. Its power allows it to take in hundreds of thousands of weather observations from all over the world which it then takes as a starting point for running an atmospheric model containing more than a million lines of code.”

The Met Office reports that Young is responsible for the organisation’s IT strategy and ensuring that it adapts to support the business strategy.

Its website says that Young worked for IBM but does not make it clear he is still employed by the company while on secondment to the Met Office. It says that before joining the Met Office he “held a number of executive position within the IT industry, working for IBM, CSC and Siemens”.

Young’s Linked In profile says he is CIO at the Met Office and Director, System zStack and Mainframe Platform, Central Eastern Europe, Middle East and Africa at IBM.

In response to an FOI request by Dave Orr, the Met Office has released internal emails relating to Young’s recruitment and later appointment. Young is described in the Met Office’s Register of Interests 2010/11 as an “Executive, IBM UK Ltd (non-active)”.

The email exchanges show that the Met Office was keen and anxious to employ Young. Talks over Young’s recruitment, initially as Chief Technology Officer, began in July last year and took several months to conclude.

In August 2010 John Hirst, Chief Executive at the Met Office, wrote to Young mentioning, among other things, a ban on recruitment.

“It was good to talk to you on the phone this afternoon. This is to confirm that you are interested in joining us at the Met Office and we are interested in offering you a post.

“As we discussed there are issues of the recruitment ban, terms of secondment and security clearances amongst others but we have both declared an intent to try and get something organised between us.”

Also in August 2010 Diana Chaloner, the Met Office’s Director of Human Resources, emailed IBM on the costs and restrictions relating to the “possible secondment of David Young”.

Her email said: “I will need to get confirmation from John Hirst (our CE) before committing to the costs as outlined below. Whilst I don’t see it as a problem, I do also need to seek a way to overcome external secondee restrictions placed on us by central government recently. I will attempt to get this moving as quickly as possible at this end.”

In another email to IBM in August 2010, Chaloner referred again to the costs of seconding Young. She said:

“Following John’s earlier meeting with David (in his garden!) Alan Dickinson [then the Met Office’s Director of Science and Technology] and I met him last week. John has now spoken to David and is keen to try to progress a secondment. I know David is very keen too, but inevitably, with all the various restrictions placed on us, cost may be an issue, as will enabling the secondment contract to be approved.

“Whilst this might be quite challenging , I think there are usually ways to manage these things, so would really like to understand cost and timing…”

The following month, September 2010, Chaloner emailed Hirst on the need for Young’s appointment to be approved.

Her email has in the subject heading: “IBM Confidential: Secondment of David Young to the Met Office”.  Says the email: “At the moment we cannot give a precise date for David to start his secondment. I did mention in an earlier email that there are some added constraints across Government, and one of those is around recruitment and secondments…”

In October 2011 Hirst emailed IBM about a possible delay in appointing Young. “I am sorry this has taken so long and been more complex than anticipated but the rules of engagement have changed at least twice over the last couple of months and therefore keeping things moving forward steadily has been more difficult. I am still confident we can conclude this although I have suggested to David we might need a weeks (sic) delay in starting … the contracts are signed and sitting in my draw awaiting final clearance of the admin hurdles so there is no decrease in my intent to make this happen.”

On 29 November 2011 Chaloner wrote to Hirst saying that Young’s appointment needed the approval of the Secretary of State. “… The situation is looking very positive but we require final approval from Secretary of State. I was told that there seemed no reason for the secondment not to be approved, but it has to go through the appropriate channels. I can only apologise in the delay in David starting, and continue to nudge it from this end, almost on a daily basis.”

Young was appointed by the end of December 2010. The business case for a new Chief Technology Officer (which became a CIO role) says the secondment from IBM would finish on 31 October 2011. It says there is a “need to bring a professional IT expert into the organisation, to reshape the function in order to achieve greater efficiency in delivery of information technology, as well as ensure it is fit for purpose in the future, hence the need, at this time, to manage this as a short term secondment.”

The Job Description, which is headed “Management in Confidence”, says the IBM secondee will “lead the IT function in the effective delivery of 24/7 IT services and enhance our world leading supercomputing and infrastructure capabilities to secure achievement of future corporate objectives.” The main responsibilities will include directing and co-ordinating 300 information technology, programme/project management professionals, and support staff…”

The job also involves overseeing the “selection, acquisition, development and installation of major information systems”. It further includes the need to “determine and manage all outsourced  external IT service provision as appropriate to meet service level agreements.”

Comment:

There is nothing wrong with the Met Office’s decision to hire an IBM secondee except perhaps that it underlines the reliance of the public sector on its major suppliers.

It’s clear that the Met Office has struggled hard to employ David Young because of his expertise. Nobody would understand the Met Office’s IBM systems better than IBM.

But we have seen evidence from the National Audit Office that suppliers all too often understand customer installations in the public sector better than the civil servants know their own systems. In the case of the NPfIT, auditors had to rely on suppliers to explain what they had been paid and why.

It’s time for the civil service to build up its expertise so that it ceases to rely on suppliers that dominate government IT.

Could mutuals and co-operatives be the future of NHS care?

By David Bicknell 

A BBC website article has set a scenario where mutuals and co-operatives could be more widely used in the NHS.

The piece quotes the example of Sandwell Community Caring Trust, and contrasts the spread of social co-operatives in Italy, where  there are more than 7,000, covering  care for the elderly and disabled, to jobs for ex-offenders.

“Each co-operative is made up of paid staff, users and their families, volunteers and investors. Some or all of those put in their own capital to get it off the ground, but what’s absolutely crucial, is the big leg-up that Italian co-operatives get from the system,” the piece says.

“They pay reduced corporation taxes, have access to specialist banks and are linked together in consortia so they can wield more clout when tendering for public contracts.”

The article suggests that one of the biggest challenges faced by co-operatives is recruiting senior managers with good business acumen and a social conscience – not least because co-operatives are often seen as offering insufficient status and salaries.

Hammersmith & Fulham provides strategic rationale and thinking behind the creation of a mutual

By David Bicknell

In yesterday’s article on the London Borough of Hammersmith & Fulham’s plans to create a mutual Pathfinder, I referred to the  recent report on the mutual plan published by the Council.

In that report are some useful thoughts on the rationale for developing a mutual as well as an insight to what needs to be discussed around procurement.

The strategic rationale for launching the mutual includes: 

• Confidence of the services that they could deliver more effectively as a private company

• Commitment at a political level to explore new ways of working

• As an alternative approach to deliver the challenging financial targets required and maintain/ further commercialise existing services

Hammersmith & Fulham insists that it “will not simply be outsourcing the services currently delivered, but will be piloting an innovative way of the future delivery of in scope services, at a costreduction (and possible profit making) to the Council in headcount and overheads. The delivery of these services via the pilot scheme will have no negative impacton the service as they  will continue to be undertaken by the existing staff who have extensive knowledge and expertise in these areas. All clients will benefit from a reduced cost of service, whilst maintaining continuity of staff and services.”

Benefits to the Council

• A significant reduction in costs through the development and extension of the business

• Reduction in headcount for the Council

• Piloting a new unique approach on the delivery of existing council services

• Front Line services to schools being developed

• Staff commitment to the venture and commercialisation seen as an opportunity

• Seen by the school community as an opportunity, not a threat (as identified in the informal consultation).

• Demonstrates LBHF commitment to the schools

• 50% of net profits shared by the local authorities to allow more freedom to the Councils to target new priorities

The Council admits there are many challenges to overcome for the final business case of the potential pilot scheme, including:

Finalisation of the scope

Capacity issues of staff members in the transition

TUPE issues

Pension issues

Independent Legal advice

Independent Financial advice

Procurement

Legalities on novation of contracts and risk of OJEU

Venue for the additional staff from RBKC and Westminster

Corporate recharges

Support, marketing, sales and communications

On procurement, Hammerwmith & Fulham says it was initially envisaged that the Council would have the option of entering into a time limited relationship with the Mutual as part of the National Pathfinder. However, current Pilots have all been either NHS related(different legal framework) or where the services involved are classified under OJEU as “Part B” and as such the risks to the Council’s involved are minimal. It adds:

“The proposal in this report contains some “Part A” services and as such a full OJEU procurement exercise is likely to be required by law. In order to comply with the regulations and mitigate potential risks, it is proposed that the Council carries out an EU compliant procurement exercise to secure an external partnering organisation. Such an exercise should remove potential risks for future challenges based upon the relationship between the Council and the mutual.

“The first stage would be to place a compliant OJEU Contract Notice seeking expressions of interest from the market to assist in the establishment of a mutualised company. The controlling shares in the company would be on a ratio to be determined as part of the tendering process.

“Depending upon the nature of the mutualised company, the trading arrangement may not only be about service delivery, but consideration may e given to the supply of goods that would otherwise need to procured in accordance with the Public Contracts Regulations. In this case the mutualised company becomes both a supplier and service provider.”