Tag Archives: agile

Crabb’s momentous FOI decision on Universal Credit IT?

By Tony Collins

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

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

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

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

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

DWP FOI bundles2

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

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

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

Trust

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

Stephen Crabb

Stephen Crabb

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

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

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statement to Computer Weekly last week, a DWP spokesperson dismissed the released reports as “nearly five years old and out-of-date” and went on to praise the Universal Credit programme (which involves a waterfall approach and separate much cheaper, and to some extent competing, agile-based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

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suggests that the DWP’s “no bad news” culture is still pervasive; that it is prepared to denigrate its own reports as out of date when they convey messages that conflict with officialdom’s good news culture.

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

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

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

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

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

UC assumptions

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

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

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

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

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

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

Out of control?

John Slater said of the released reports,

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

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

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

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

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

Comment

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

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

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

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

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

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

dwpWhitehall’s war on FOI

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

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

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

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

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

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

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

Judge orders Universal Credit reports must be published – The Register

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

Judge orders FOI release of Universal Credit IT reports

By Tony Collins

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

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

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

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

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

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

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

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

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

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

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

dwpDid the DWP mislead?

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

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

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

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

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

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

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

dwpDWP fears “over-stated”

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

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

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

Closed session

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

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

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

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

FOI a benefit more than a “burden”?

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

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

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

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

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

The judge said that in any event it is a

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

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

In its final paragraph the tribunal said,

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

Comment

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

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

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

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

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

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

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

By Tony Collins

It’s extraordinary that some of the Department for Work and Pensions’ main arguments against publishing three reports on the Universal Credit programme resemble, in part, those given by the Walpole government of 1738 when the House of Commons passed a  resolution against the publishing of Parliamentary debates.

The DWP argues that the media could misinterpret the three Universal Credit reports or take negative comments in them out of context, which would have a “chilling effect” on the officials who contribute to or write the reports.

In the 17th and 18th centuries, members of the House of Commons and House of Lords were concerned that parliament could be brought into disrepute by the irresponsible reporting of its proceedings, and that MPs could be influenced in what they said in debates by the knowledge that their speeches could be reported .

Sir Robert Walpole, the then prime minister, in winding up an 1738 debate on banning newspaper reporting of Parliament, said press coverage of parliamentary proceedings was a “forgery of the worst kind”.

Neither officials nor ministers had at that time invented the phrase “chilling effect” but they held to its meaning: they expressed concern that if debates were in the public domain members would shape what they said in debates to win influence, or avoid criticism by, newspapers.

Eventually Parliament decided in the 19th century that it was in its own interests to have debates in the public domain partly because important speeches were going unreported.

Today the DWP is a long way from reaching the stage of openness of Parliament in the 18th century.

universal creditAfter hearing the DWP’s evidence in the case of the three Universal Credit reports, an FOI tribunal judge sympathised with the department. He (Judge Edward Jacobs) said, “It is not difficult, looking at the Risk Register (one of the three Universal Credit reports in question), to see how a journalist or blogger with an agenda could select and present parts of the material in a way that would generate attention and attract criticism of the Department (DWP).”

Still referring to the media, he said, “There is no limit to the ways in which seemingly innocuous details can be used as a means of causing trouble.”

The judge’s apparent sympathy for the DWP’s case surprised me, given that Parliament decided centuries ago that the risk of MPs being influenced by the media when making speeches was a minor consideration when weighed against the importance of reporting the proceedings of parliament.

Democracy is far from perfect but it is surely not served by departments such as the DWP keeping secret for as long as they can reports on their performance on high-cost, risky and innovative programmes such as Universal Credit.

The National Audit Office will usually report on programmes as big as Universal Credit, and will usually do so with skill, insight and professionalism.  But it didn’t report on the UC programme until September 2013.

Disclosure of the risk and issues registers and project assessment review  when they were requested under FOI would have given MPs, the public and stakeholders the chance to hold ministers and officials to account in 2012 – at a time when Iain Duncan Smith and senior officials at the DWP were confidently claiming that the UC programme was on time and to budget. IDS said nothing in 2012 about the problems the programme was facing.

“High indignity”

It’s fascinating to look back at debates of the House of Commons in the 17th and 18th centuries to see how closely some of the speeches resemble the arguments the DWP is making in its submissions to next week’s FOI tribunal.

In April 1738 the Commons passed a resolution declaring that it was a “high indignity and a notorious breach of privilege” to report what was said in the Chamber, even when it was in recess.

This was the 1738 resolution:

“That it is an high indignity to, and a notorious breach of privilege of, this House, for any News writer, in letters, or other papers (as Minutes or under any other denomination) or for any printer or publisher of any printed newspaper, of any denomination, to presume to infer in the said letters or papers, or to give therein, any account of the debates, or other proceedings of this House, or any Committee thereof, as well during the recess, as the sitting of Parliament; and that this House will proceed with the utmost severity against such offenders.”

Part of the DWP’s case to the FOI tribunal next week in Leicester is that, if the reports in question are published, they could be misinterpreted by the public, which would involve ministers and civil servants being diverted from the Universal Credit programme to correct the media.

It may be worth noting some of the actions taken by the House of Commons in 1771 against newspaper proprietors who published proceedings of the Commons – and allegedly got it wrong.

The Gazetteer and New Daily Advertiser on Friday 8 February 8 1771, which was printed for R. Thomson, and also the Middlesex Journal on Tuesday 5 February 5 to Thursday 7 February 1771, which was printed for J Weeble, were accused of “misrepresenting the speeches, and reflecting on several of the members of this House, in contempt of the order, and in breach of the privilege of this House”.

The House issued a proclamation for the apprehension of John Weeble and R Thompson.

Today the DWP seems not to accept that being held to account by journalists, even incompetent and hostile ones, is a price to be paid for democracy.

Accountability

Parliament banned newspaper reports of its debates in the 17th and 18th centuries in part because publication would have meant contemporaneous accountability.

That, it seems to me, is the main reason the DWP opposes disclosure of any independent and authoritative reports on its performance on the UC programme.

Senior officials are understandably concerned about personal and contemporaneous accountability on a big, risky, high-cost IT-enabled programme. Not the IT professionals who, incidentally, are largely in favour of openness.

Middle-ranking managers on the UC programme have a tough time of it.  They rarely get any credit for what they achieve. But there is a notable divide between the cultures of middle and senior management.

Now that the House of Commons allows reporting of its proceedings, and even allows TV cameras, the DWP’s ministers and senior officials look as if they are stuck in a bygone era. They believe that the public can wait for accountability until the National Audit Office decides to publish its reports.

But how well can the public hold the DWP to account if people doesn’t know how hundreds of millions of pounds are being spent – at the time it is spent – on the Universal Credit IT programme?

The high turnover of senior management on big programmes all but ensures that the most senior officials will probably have moved on by the time the National Audit Office reports on their programmes.

No bureaucracy will embrace openness until it is forced to. Nobody should be surprised that the DWP is fighting the publication of the disputed UC reports.

Kicking and screaming

What’s needed, therefore, is a campaigning minister, to bring today’s top officials at the DWP kicking and screaming into the modern world.

There is a serious consequence to the DWP’s antiquated approach to openness: the mounting legal costs of the FOI case it keeps appealing.

Officials and ministers at the DWP are launching FOI appeals as if money were no object. Bundles of documents have been produced by barristers and other lawyers who have been working on behalf of the DWP.

I don’t believe senior officials care particularly what is in the reports.

They are really fighting, perhaps subconsciously, to continue their control of official information on the UC programme.

For that privilege they will continue to dig deeply into the public purse for the legal costs of this case. That’s a scandalous waste of money, especially in a supposed era of open government.

 

DWP “evasive” and “selective” with information on Universal Credit programme

By Tony Collins

Has the Department for Work and Pensions put itself, to some extent, beyond the scrutiny  of Parliament on the Universal Credit IT programme?

Today’s report of the Public Accounts Committee Universal Credit progress update was drafted by the National Audit Office. All of the committee’s reports are effectively more strongly-worded NAO reports.

If the Department for Work and Pensions cannot be open with its own auditors – the National Audit Office audits the department’s annual accounts – are the DWP’s most senior officials in the happy position of being accountable to nobody on the Universal Credit IT programme?

The National Audit Office and the committee found the Department for Work and Pensions “selective or even inaccurate” when giving some information to the committee.

In answering some questions, the committee found officials “evasive”.

Today’s PAC report says:

“We remain disappointed by the persistent lack of clarity and evasive responses by the Department to our inquiries, particularly about the extent and impact of delays. The Department’s response to the previous Committee’s recommendations in the February 2015 report Universal Credit: progress update do not convince us that it is committed to improving transparency about the programme’s progress.”

On the basis of the limited information supplied by the DWP to Parliament the committee’s MPs believe that the Universal Credit has stabilised and made progress since the committee first reported on the programme in 2013, but there “remains a long way to go”.

So far the roll-out has largely involved the simplest of cases, and the ineligibility list for potential UC claimants is long.  By 10 December 2015, fewer than 200,000 people were on the DWP’s UC “caseload” list.

The actual number could be far fewer because the exact number recorded by the DWP by 10 December 2015 (175, 505)  does not include people whose claims have terminated because they have become ineligible by for example having capital more than £16,000 or earning more so that their benefits are reduced to zero.

The plan is to have more than seven million on the benefit, and the timetable for completion of the roll-out has stretched from 2017 originally to 2021,  although some independent experts believe the roll-out will not complete before 2023.

Meanwhile the DWP appears to be controlling carefully the information it gives to Parliament on progress. The committee accuses the DWP in today’s report of making it difficult for Parliament and taxpayers to hold the department to account. Says the report,

“The programme’s lack of clear and specific milestones creates uncertainty for claimants, advisers, and local authorities, and makes it difficult for Parliament and taxpayers to hold the Department to account.”

These are more excerpts from the report:

“In February 2015 the previous Committee of Public Accounts published Universal Credit: progress update … The Department accepted the Committee’s recommendations.

“However, we felt that the Department’s responses were rather weak and lacked specifics, and we were not convinced that it is committed to ensuring there is real clarity on this important programme’s progress.

“As a result, we recalled both the Department and HM Treasury to discuss a number of issues that concerned us, particularly around the business case, the continuing risks of delay, and the lack of transparency and clear milestones.

“Recommendation: The Department should set out clearly how it is tracking the costs of continuing delays, and who is responsible for ensuring benefits are maximised.

“The Department does not publish accessible information about plans and milestones and we are concerned by the lack of detail in the public domain about its expected progress.

“For proper accountability, this information should be published so that the Committee, the National Audit Office and the general public can be clear about progress…

“… the Department did not acknowledge that the slower roll-out affects two other milestones, because it delays the date when existing claimants start to be moved onto Universal Credit and reduces the number of Universal Credit claimants at the end of 2019.

“The flexible adaptation of milestones to circumstances is sensible, but the Department should be open about when this occurs and what the effects are. Instead, the Department’s continued lack of transparency makes it very difficult for us and the public to understand precisely how its plans are shifting.

“Claimants need to know more than just their benefits will change ‘soon’; local authorities need time to prepare additional support; and advisers need to be able to help people that come to them with concerns…

“Recommendation: By May 2016, the Department should set out and report publicly against a wider set of clearly stated milestones, based on ones it currently uses as internal measures, including plans for different claimant groups, local authority areas and for the development and use of new systems. We have set out the areas we expect these milestones to cover in an appendix to this report…

“The Department was selective or even inaccurate when highlighting the findings of its evaluation to us.”

The DWP has two IT projects to deliver UC, one based on its existing major suppliers delivering systems that integrate the simplest of new claims with legacy IT.

The other and more promising solution is a far cheaper “digital service” that is based on agile principles and is, in effect, entirely new IT that could eventually replace legacy systems. It is on trial in a small number of jobcentres.

The DWP’s slowly slowly approach to roll-out means it is reluctant to publish milestones, and it has reached only an early stage of the business case. The final business case is not expected before 2017 and could be later.

The committee has asked the DWP to be more transparent over the business case. It wants detail on:

  • Projected spending, including both investment and running costs for:
  • Live service (split between ‘staff and non staff costs’ and ‘external supplier costs’)
  • Digital service (split between ‘staff and non staff costs’ and ‘external supplier costs’)
  • Rest of programme (split between ‘staff and non staff costs’ and ‘External supplier costs’)
  • Net benefits realised versus forecasts.

Meanwhile the DWP’s response to those who criticise the slow roll-out is to give impressive statistics on the number of jobcentres now processing UC claims, without acknowledging that nearly all of them are processing only the simplest of claims.

Comment

To whom is the DWP accountable on the Universal Credit IT programme? To judge from today’s report it is not the all-party Public Accounts Committee or its own auditors the National Audit Office.

No government has been willing to force Whitehall departments to be properly accountable for their major IT-enabled projects or programmes. Sir Humphrey remains in control.

The last government with Francis Maude at the helm at the Cabinet Office came close to introducing real reforms (his campaign began too forcefully but settled into a good strategy of pragmatic compromise) but his departure has meant that open government and greater accountability for central departments have drifted into the shadows.

The DWP is not only beyond the ability of Parliament to hold it accountable it is spending undisclosed of public money sums on an FOI case to stop three ageing reports on the Universal Credit IT programme being published. The reports are nearly four years old.

Would that senior officials at the DWP could begin to understand a connection between openness and Lincoln’s famous phrase “government of the people, by the people, for the people”.

Public Accounts Committee report Universal Credit, progress update

DWP gives out “selective” information on welfare reform even to its auditors (a similar story in 2015)

Department for Work and Pensions “evasive” – Civil Service World (This article is aimed at its readers who are mostly civil servants. It is likely it will find favour with senior DWP IT staff who will probably mostly agree with the Public Accounts Committee’s view that the DWP hierarchy is, perhaps because of culture, evasive and selective with the information it gives to Parliament and the public.)

 

FOI hearing today on DWP’s refusal to publish Universal Credit reports

By Tony Collins

External lawyers acting for the Department for Work and Pensions are due to appear before an FOI Upper Tribunal judge in London today to argue why four reports on Universal Credit should not be published.

It’s the latest step in a costly legal battle that has lasted two years so far.

A first-tier FOI tribunal judge in 2014 ordered the four reports to be published. The DWP asked for permission to appeal that decision and lost its case.  The DWP then asked an Upper Tribunal for permission to appeal and lost that case as well.

Then it asked a different Upper Tribunal judge for permission to appeal .  As a result, a 1 day hearing is taking place today.

The case takes in evidence from the DWP, the Information Commissioner, John Slater who requested 3 of the reports in question and me. Slater requested in 2012 a Universal Credit risks register, milestone schedule and issues register (which set out problems that had materialised with the Universal Credit programme).  I requested a project assessment review carried out in 2011 on the Universal Credit programme by the Cabinet Office’s Major Projects Authority.

The DWP has refused to publish the four reports – and millions of pounds worth of other similar reports.

Today the DWP will argue that the judge in an earlier Upper FOI Tribunal did not fully consider the “chilling effect” that disclosure of the reports would have on the behaviours of civil servants or consultants who helped to write the reports in question.

In essence the DWP’s lawyers are asking the judge to accept the arguments put forward against disclosure by Sarah Cox, the DWP’s main witness in the case. Cox is a former programme assurance director for Universal Credit.

Cox submitted 49 pages of evidence – plus secret evidence during a closed hearing – on why the UC reports should not be published.  She said that civil servants must be able to think the unthinkable and record the outcome of these thoughts without hesitation or fear of disclosure.

If contributors feared the reports would be routinely disclosed the documents could become “bland records” prepared with half an eye to how they would be received in the public domain.

She said the danger of damage to the public interest cannot be overstated.

Disclosure could adversely affect management of the Universal Credit programme – and “failure of proper programme management may be catastrophic”.

Emphasising the importance of effective management of risk, she referred to the banking system prior to the credit crunch and the stability of the Bank of England in that period.

“Inappropriate or premature disclosure of the information in the risk registers or the issues registers could lead to those failures occurring in government risk management with broader parallels for other project management tools.”

She then referred to “disaster myopia” – a phenomenon she said was well established in cognitive psychology.  It referred to “an underestimation of the likelihood of low frequency but high risk damage risks”.

She added: “This can result in a lack of appropriate mitigating actions, increasing the likelihood of the risk becoming an issue. In this case fear of disclosure and misinterpretation can exacerbate this myopia, leading to the toning down of the direct and forceful language used to describe risks, or worse, risks not being identified at all”.

If civil servants or consultants writing reports on projects were to downplay the risks because of a fear of disclosure, problems may be overlooked, solutions not found, or not found promptly. “Such an outcome would be seriously detrimental to the delivery of major projects.”

Cox’s evidence could appear to some to suggest the DWP was preoccupied with its image, and the image of the Universal Credit programme, in the media, and among MPs and the public. She said routine disclosure of such reports as those in question “will distract civil servants from their tasks at a crucial point in the process of programme management.

“Instead of concentrating on implementing the changes, they will be required to address stakeholder, press or wider public concerns which have been provoked by the premature disclosure of material.”

It would be unhelpful if “attention is focused on clarifying positions with stakeholders and addressing the concerns of media, opposition and interest groups in order to correct the often misleading impression created by premature disclosure”.

This issue is “magnified in a programme with as many delivery partners as Universal Credit, covering both central and local government, with implications for all territories in the UK”.

That is because of the “implications of issues for different partners are often slightly different, so that each partner may need to be given a slightly different, and tailored, response”.

This concern should not be understated, she said.

“From my experience of high profile matters which emerge with little warning, I can say that ministers and senior officials are likely to be forced to clear their diaries, cancelling planned meetings, events and other important engagements, to attend rapidly-convened meetings to discuss the handling of the premature disclosure.

“Officials in the relevant policy areas (and lawyers as appropriate) would need to set aside other essential and pressing work to prepare briefings on the likely impact of disclosure and options for next steps. ‘Lines to take’ and a stakeholder and media-handling strategy would need to be discussed, agreed and signed off by ministers.

“Ministers could also be called to respond to urgent questions tabled in Parliament, especially where the disclosure  is made in respect of a high-profile policy area. The media might press for interviews with ministers and/or senior officials, which require careful preparation…”

But, as the Information Commissioner has pointed out, disclosure of the documents under FOI is not the same as a leak to the media.

And the reports in question are now four years old and so massive media interest is unlikely. Any media interest could be managed by DWP press officers without distracting project managers.

Cox said disclosure could harm rather than assist public debate.

“Material that requires civil servants to think the unthinkable, or to consider unusual or highly unlikely events, using intentionally vivid and forceful language, at a single point in time, potentially pre-dating attempts to mitigate the position could easily distort the public perception of the real or likely situation and encourage sensationalist rather than responsible and balanced reporting.”

She said that officials may have to release further information to counteract any misunderstandings (from a misreading of the disclosed reports). But the “world of media” may ignore this further information.

Lawyers for the Information Commissioner, in their submission to today’s hearing, will argue that an earlier tribunal had not found any existence of a “chilling effect” in this case. The tribunal had not been persuaded by what the DWP had said.

The earlier tribunal had not dismissed all of the DWP’s concerns as entirely without merit. It accepted that disclosure of the documents in question “may not be a painless process for the DWP” and that there “may be some prejudice to the conduct of government of one or more of the kinds asserted by the DWP”. The tribunal was simply unpersuaded by the extent of those prejudices.

The Commissioner’s lawyers will say the earlier tribunal gave due weight to the evidence of Ms Cox but it was not obliged to agree with her.

There was no observable chilling effect from disclosures in the past where a chilling effect had been envisaged. The DWP had not provided any evidence that a chilling effect existed.

Indeed a Starting Gate Review on the Universal Credit project had been published (by Campaign4Change) after the DWP refused to release the document under FOI. The DWP had refused to publish the Starting Gate Review because of the chilling effect it would have on the contributors to such reports.

But there was no chilling effect in consequence of publication of the Starting Gate review, say the Information Commissioner’s lawyers.

The incident “illustrates that it is perfectly within the bounds of reason to be sceptical about the DWP’s assertions about the chilling effect and the like,” says the Information Commissioner’s submission to today’s hearing.

On Ms Cox’s point that disclosure of the reports in question would change behaviours of civil servants and consultants compiling the documents, the earlier tribunal had concluded that the public was entitled to expect from senior officials – and no doubt generally gets – a large measure of courage, frankness and independence in their assessments of risk and provision of advice.

The Information  Commissioner’s lawyers will today ask the judge to dismiss the DWP’s appeal.

Comment

The DWP’s evidence suggests that the reports in question today are critical to the effective delivery of Universal Credit. The reality is that excessive secrecy can make bureaucracies complacent and, in the the DWP’s case, somewhat chaotic.

When Campaign4Change asked the DWP under FOI for two Universal Credit reports – an end to end technical review carried out by IBM at a cost of £49,240 and a “delivery model assessment phases one and two” carried by McKinsey and Partners at a cost of £350,000 – the DWP mistakenly denied that the reports existed.

When we provided evidence the reports did exist the DWP said eventually that it had found them.  The DWP said in essence that the documents had been held so securely nobody knew until searching for them that they existed.

So much for the DWP’s argument that such reports are critical to the effective management of major projects.

And when Campaign4Change asked the DWP, under FOI, to supply a project assessment review report on the Universal Credit programme, officials mistakenly supplied an incorrect version of the report (a draft) to an FOI tribunal.  Officials later apologised for their mistake.

National Audit Office reports on Universal Credit do little to portray the DWP as a professional, competent and well-managed organisation.

Which all suggests that excessive secrecy within the DWP has made officials complacent and disorganised.

Continued excessive secrecy within the department could reinforce a suspicion, justified or not, that the department may not be in a strong position to run a programme as large and complex as Universal Credit.

 

 

Yet another NHS IT mess?

By Tony Collins

Last week the National Audit Office reported on the failure of the GP Extraction Service. Health officials  had signed off and paid for a contract even though the system was unfit for use.

The officials worked for organisations that have become part of the Health and Social Care Information Centre.

An unapologetic HSCIC issued a statement on its website in response to the Audit Office report. It said, in essence, that the problems with the GP Extraction Service were not the fault of the HSCIC but rather its predecessor organisations (ignoring the fact that many of the officials and contractors from those defunct organisations moved to the HSCIC).

Now it transpires that the HSCIC may have a new IT-related mess on its hands, this time one that is entirely of its own making – the e-Referral Service.

Last month the HSCIC went live with its e-Referral service without testing the system properly. It says it tested for thousands of hours but still the system went live with 9 pages of known problems.

Problems are continuing. Each time in their routine bulletins officials suggest that an upgrade will solve e-Referral’s problems. But each remedial upgrade is followed by another that does not appear to solve the problems.

The system went live on 15 June, replacing Choose and Book which was part of an earlier NHS IT disaster the £10bn National Programme for IT.

Problems more than teething?

Nobody expects a major new IT system to work perfectly first time but regular outages of the NHS e-Referral Service may suggest that it has more than teething problems.

It’s a common factor in IT-based project failures that those responsible have commissioned tests for many hours but with inadequately designed tests that did not always reflect real-world use of the system. They might also have underestimated loads on the available hardware and networks.

This means that after the system goes live it is brought down for regular hardware and software fixes that don’t solve the problems.  End-users lose faith in the system – as many GPs did with the Choose and Book system – and a misplaced optimism takes the place of realism in the thinking of managers who don’t want to admit the system may need a fundamental redesign.

On the day the e-Referral Service launched, a Monday, doctors had difficulties logging in. Software “fixes” that day made little difference. By the next day HSCIC’s optimism has set in. Its website said:

“The NHS e-Referral Service has been used by patients and professionals today to complete bookings and referrals comparable with the number on a typical Tuesday but we were continuing to see on-going performance and stability issues after yesterday’s fixes.

“We suspend access to the system at lunchtime today to implement another fix and this improved performance and stability in the afternoon.”

The “fix” also made little apparent difference. The next day, Wednesday 17 June, the entire system was “unavailable until further notice” said the HSCIC’s website.

By early evening all was apparently well. An HSCIC bulletin said:

“The NHS e-Referrals Service is now available again. We apologise for the disruption caused to users and thank everyone for their patience.”

In fact, by the next day, Thursday 18 June, all was not well. Said another bulletin:

“Yesterday’s outage enabled us to implement a number of improvements and hopefully this is reflected in your user experience today.

“This morning users reported that there were ongoing performance issues so work has now taken place to implement changes to the configuration to the NHS e-Referral Service hardware and we are currently monitoring closely to see if this resolved the issue.”

About 2 weeks later, on 30 June, HSCIC’s officials said there were ongoing problems, because of system performance in provider organisations that were processing referrals.

Was this HSCIC’s way of, again, blaming other organisations – as they did after the NAO report’s on the failure of the GP Extraction Service project? Said a statement on the HSCIC’s website on 30 June 2015:

“Since transition to the NHS e-Referral Service on Monday 15th June, we have unfortunately experienced a number of problems… Although most of the initial problems were related to poor performance of the system, some residual functional and performance issues persist and continue to affect some of our colleagues in their day-to-day working.

“Most of these on-going problems relate to the performance of the system in provider organisations that are processing referrals, though this does of course have a knock-on effect for referrers.

“Please be assured that the team are working to identify root causes and fixes for these issues.”

By last week – 2 July 2015 – HSCIC warned that it will require a “period of planned downtime on the NHS e-Referral Service tonight which is currently scheduled for between 21:00 and 23:00 for some essential maintenance to fix a high priority functional Incident.”

The fix worked – or did it? HSCIC told Government Computing: “An update was applied to the system overnight from Thursday (July 2) into Friday (July 3) which was successful.”

But …

Monday 6 July 2015 4.15pm. HSCIC e-Referral Service bulletin:

“We would like to apologise for the interruption to service between 13:15 and 13:54 today.  This was not a planned outage and we are investigating the root cause.  If any remedial activity is required we will give notice to all users. Once again please accept our sincere apologies for any inconvenience this caused.”

Why was testing inadequate?

Did senior managers go live without testing how the system would work in the real world, or did they select as test end-users only IT enthusiasts?

Perhaps managers avoided challenging the test system too much in case it gave poor results that could force a redesign.

We probably won’t know what has gone wrong unless the National Audit Office investigates. Even then it could be a year or more before a report is published. A further complicating factor is that the HSCIC itself may not know yet what has gone wrong and may be receiving conflicting reports on the cause or causes of the problems.

An IT failure? – change the organisation’s name

What’s certain is that the NHS has a history of national IT project failures which cause organisational embarrassment that’s soon assuaged by changing the name of the organisation, though the officials and contractors just switch from one to the next.

NHS Connecting for Health, which was largely responsible for the NPfIT disaster, was blended into the Department of Health’s informatics function which was then blended into the HSCIC.

Similarly the NHS Information Centre which was largely responsible for the GP Extraction Service disaster was closed in 2013 and its staff and contractors blended into the HSCIC.

Now, with the e-Referral Service, the HSCIC at least has a potential IT project mess that can be legitimately regarded as its own.

When will a centrally-run national NHS IT-based turn out to be a success? … care.data?

New SRO

Meanwhile NHS England is looking for a senior responsible owner for e-Referral Service on a salary of up to £98,453.

Usually in central government, SROs do the job as an adjunct to their normal work. It’s unusual for the NHS to employ a full-time project SRO which the NAO will probably welcome as a positive step.

But the job description is vague. NHS England says that the SRO for NHS e-Referrals programme will help with a switch from paper to digital for 100% of referrals in England by March 2018.

“The SRO … will have responsibility for the strategic and operational development of the digital journey, fulfilment of the patient and clinical process and the performance of the service. Plans to achieve the strategy will be underpinned by the delivery of short to medium term objectives, currently commissioned from HSCIC and other third party suppliers.”

Key aspects of this role will be to:-

– Ensure the strategy is formulated, understood by all stakeholders and is delivered utilising all available resources efficiently and effectively.

– Ensure the development and management of plans.

– Ensure appropriate system and processes are in place to enable the uptake and on-going use of digital referrals by GP’s, hospitals, patients and commissioners.

– Proactively manage the key risks and issues associated with ensuring appropriate actions are taken to mitigate or respond.

– Monitor and establish accountability on the overall progress of the strategy to ensure completion within agreed timescales.

– Manage the budgetary implications of activity.

– Avoid the destabilisation of business as usual.

– Manage and actively promote the relationships with key stakeholders.

The job will be fixed-term until 31/03/2017 and interviews will be held in London on the 20th July 2015.

The big challenge will be to avoid the destabilisation of business as usual – a challenge beyond the ability of one person?

Government Computing. 

Another fine NHS IT mess

Why was e-Referral Service launched with 9 pages of known problems?

National e-Referral Service unavailable until further notice

 

New national e-Referral Service “unavailable until further notice”

By Tony Collins

The NHS e-Referral Service which launched nationally on Monday was “unavailable until further notice”, the Health and Social Care Information Centre said at 9.30am today.

“Due to issues experienced overnight the NHS e-Referral Service is unavailable until further notice while essential maintenance is performed. If you have local business continuity processes available, we recommend that you consider invoking them,” says the HSCIC on its website.

“We are working hard to resolve these issues as quickly as possible and to keep disruption to a minimum… We apologise for the disruption caused to some users and thank everyone for their patience.”

Late yesterday afternoon the Health and Social Care Information Centre warned GPs and other users of its e-Referral Service that technical problems were continuing.

The difficulties have aggravated cynicism in the GP community about the ability of centrally-based officials to implement national IT systems.

Is it too soon to question whether e-Referrals is the first IT disaster of the new government? There is also the question of whether GPs have been used as guinea pigs to test for problems with the new system.

Until the service went down GPs were in any case unable to log in or were experiencing long delays in arranging referrals. Some reverted to sending letters by post – or always did use the post and avoided the NPfIT Choose and Book system which e-Referral is replacing.

Fewer than 60% of GPs used Choose and Book to hospital appointments for patients.

On its website at 17.30 yesterday the HSCIC said:

“PLEASE PASS THIS ON TO COLLEAGUES WHO USE THE NHS e-REFERRAL SERVICE

“The NHS e-Referral Service has been used by patients and professionals today to complete bookings and referrals comparable with the number on a typical Tuesday but we were continuing to see on-going performance and stability issues after yesterday’s fixes.

“We suspend access to the system at lunchtime today to implement another fix and this improved performance and stability in the afternoon.

“We are continuing to monitor the service and will implement further fixes if required. If users notice any further issues they should log them with their local service desk in the usual way…

“We apologise for the disruption caused to some users and thank everyone for their patience.

Update 14.00 17 June

The Health and Social Care Information Centre said the e-Referral Service was still down.

“HSCIC are completing the final stage of testing a number of fixes to the NHS e-Referrals Service. It is hoped that the service will be available again later today. A further update will be issued at 15:00 today.”

Update 18.00 17 June

Said the HSCIC:

“The NHS e-Referrals Service is now available again. We apologise for the disruption caused to users and thank everyone for their patience.

Update 15.00 18 June – ongoing problems

“Yesterday’s outage enabled us to  implement a number of improvements and hopefully this is reflected in your user experience today,” said HSCIC’s website.

“This morning users reported that there were ongoing performance issues so work has now taken place to implement changes to the configuration to the NHS e-Referral Service hardware and we are currently monitoring closely to see if this resolved the issue.”

Is HMRC spending enough for help to replace £10.4bn Aspire contract?

By Tony Collins

Government Computing reports that HM Revenue and Customs is seeking a partner for a two-year contract, worth £5m to £20m, to help the department replace the Aspire deal which expires in 2017.

HMRC is leading the way for central government by seeking to move away from a 13-year monopolistic IT supply contract, Aspire, which is expected to cost £10.4bn up to 2017.

Aspire’s main supplier is Capgemini.  Fujitsu and Accenture are the main subcontractors.

HMRC says it wants its IT services to be designed around taxpayers rather than its own operations. Its plan is to give every UK taxpayer a personalised digital tax account – built on agile principles – that allows interactions in real-time.

This will require major changes in its IT,  new organisational skills and changes to existing jobs.

HMRC’s officials want to comply with the government’s policy of ending large technology contracts in favour of smaller and shorter ones.

Now the department is advertising for a partner to help prepare for the end of the Aspire contract. The partner will need to help bring about a “culture and people transformation”.

The contract will be worth £5m to £20m, the closing date for bids is 6 July, and the contract start date is 1 September.  A “supplier event” will be held next week.

But is £5m to £20m enough for HMRC to spend on help to replace a £10.4bn contract?

This is the HMRC advert:

“HMRC/CDIO [Chief Digital Information Officer, Mark Dearnley] needs an injection of strategic-level experience and capacity to support people and culture transformation.
“The successful Partner must have experience of managing large post-merger work force integrations, and the significant people and cultural issues that arise. HMRC will require the supplier to provide strategic input to the planning of this activity and for support for senior line managers in delivering it.
“HMRC/CDIO needs an injection of strategic level experience and capacity to help manage the exit from a large scale outsourced arrangement that has been in place for 20+ years.
“HMRC is dependent on its IT services to collect £505bn in tax and to administer £43bn in benefits each year. The successful supplier must have proven experience of working in a multi-supplier environment, working with internal and external legal teams and suppliers and must have a proven track record of understanding large IT business operations.
“HMRC/CDIO needs an injection of strategic level experience and capacity to help HMRC Process Re-engineer and ‘Lean’ its IT operation. HMRC/CDIO requires a Programme Management Office (PMO) to undertake the management aspects of the programme.
“It is envisaged that the Lead Transformation Partner will provide leadership of the PMO and work alongside HMRC employees. The leadership must have significant experience of working in large, dynamic, multi-faceted programmes working in organisations that are of national/international scale and importance including major transformation…”

Replacing Aspire with smaller short-term contracts will require a transfer of more than 2,000 Capgemini staff to possibly a variety of SMEs or other companies, as well as big changes in HMRC’s ageing technologies.

It would be much easier for HMRC’s executives to replace Aspire with another long-term costly contract with a major supplier but officials are committed to fundamental change.

The need for change was set out by the National Audit Office in a report “Managing and replacing the Aspire contract”  in 2014. The NAO found that Capgemini has, in general,  kept the tax systems running fairly well and successfully delivered a plethora of projects. But at a cost.

The NAO report said Aspire was “holding back innovation” in HMRC’s business operations”.

Aspire had made it difficult for HMRC to “get direction or control of its ICT; there was little flexibility to get things done with the right supplier quickly or make greater use of cross-government shared infrastructure and services”. And exclusivity clauses “prevented competition and stifled new ideas”.

Capgemini and Fujitsu made a combined profit of £1.2bn, more than double the £500m envisaged in the original business plan. Profit margins averaged 16 per cent to March 2014, also higher than the original 2004 plan.

HMRC was “overly dependent on the technical capability of the Aspire suppliers”. The NAO also found that HMRC competed only 14 contracts outside Aspire, worth £22m, or 3 per cent of Aspire’s cost.

Although generally pleased with Capgemini,  HMRC raised with Capgemini, during a contract renegotiation, several claimed contract breaches for the supplier’s performance and overall responsiveness.

When benchmarking the price of Aspire services and projects on several occasions, HMRC has found that it has often “paid above-market rates”.

HMRC did not consider that its Fujitsu-run data centres were value for money.

Comment

HMRC deserves credit for seeking to replace Aspire with smaller, short-term contracts. But is it possible that HMRC is spending far too little on help with making the switch?

HMRC doesn’t have a reputation for caution when it comes to IT-related spending.  The total cost of Aspire is expected to rise to £10.4bn by 2017 from an original expected spend of £4.1bn. [The £10.4bn includes an extra £2.3bn for a 3-year contract extension.]

Therefore a spend of £5m to £20m for help to replace Aspire seems ridiculously low given the risks of getting it wrong, the complexities, the number of staff changes involved, the changes in IT architecture, and the legal, commercial and technical capabilities required.

The risks are worth taking, for HMRC to regain full control over ICT and performance of its operations.

If all goes wrong with the replacement of Aspire, costs will continue to spiral. The Aspire contract lets both parties extend it by agreement for up to eight years. HMRC says it does not intend to extend Aspire further. But an overrun could force HMRC to negotiate an extension.

As the NAO has said, an extension would not be value for money, since there would continue to be no competitive pressure.

Campaign4Change has never before accused a government department of allocating too little for IT-related change. There’s always a first time.

Government Computing article

 

DWP gives out “selective” information on welfare reform even to its auditors

By Tony Collins

If the National Audit Office cannot obtain reliable and comprehensive information from the DWP, who can?

The NAO is the department’s auditor. Its head Amyas Morse signs off (or rather qualifies) the DWP’s accounts. His staff also produce regular “value for money” reports on the DWP’s projects and performance.

But an NAO report published today on welfare reform gives more than a hint of the problems its auditors face when trying to verify the information the DWP gives them.

The report “Welfare reform – lessons learned says the DWP failed twice to answer the NAO’s questions. Then, when the NAO gave the department its draft report, the DWP provided some information – which the NAO describes as “selective”. It is worth quoting the NAO’s comment in full:

“We have relied largely on our past audit reports to understand the implementation of welfare reform. Past work provides a sufficiently strong and comparable evidence base to identify different approaches and what works well and less well.

“We requested audit evidence from the Department for Work & Pensions (the Department) in August and November 2014.

“This would have allowed us to validate or comment on the Department’s performance more broadly and how they have subsequently addressed issues identified in previous reports. However, the Department failed to send the evidence despite requests.

“Following receipt of a draft report in April 2015, the Department provided some evidence on how it has tried to address issues identified in previous reports and how other welfare reforms have considered these themes.

“In the Department’s view it has made progress across programmes since the time of our initial reports. This includes addressing concerns about programme management on Universal Credit and reducing the time taken to process Personal Independence Payment claims.

“Given the selective nature of the evidence provided and the limited time to review a wide range of programmes, we were unable to audit the evidence or consider the additional information in detail…”

Separately, the DWP is in a protracted legal case to prevent the publication under FOI of four old – 2012 – reports on the Universal Credit programme.  A one-day hearing will be held in London on 15 July 2015.

Comment

The DWP is astonishingly thin-skinned. Its officials are probably not hiding anything – they just don’t want anybody knowing how well, or how badly, they are managing projects and programmes such as Universal Credit.

Since Universal Credit went live press officers have been allowed to give out only selective information on Universal Credit. It has  been difficult to establish from them that the programme has had 6 programme directors and 6 senior responsible owners since 2010.

The NAO’s latest report says the DWP needs to “recognise openly” when it has not met expectations. It needs greater internal challenge, says the NAO.

But the DWP seems unable to change its culture of defensiveness and the selective release of information to Parliament, the public and even its own auditors.

Why is it spending so much public money on trying to stop the release of the four UC reports?

Better than anyone else the late Lord Chief Justice Lord Bingham has summed up the need for openness:

“… Modern democratic government means government of the people by the people for the people. But there can be no government by the people if they are ignorant of the issues to be resolved, the arguments for and against different solutions and the facts underlying those arguments.

“The business of government is not an activity about which only those professionally engaged are entitled to receive information and express opinions.

“It is, or should be, a participatory process. But there can be no assurance that government is carried out for the people unless the facts are made known, the issues publicly ventilated.

“Sometimes, inevitably, those involved in the conduct of government, as in any other walk of life, are guilty of error, incompetence, misbehaviour, dereliction of duty, even dishonesty and malpractice.

“Those concerned may very strongly wish that the facts relating to such matters are not made public. Publicity may reflect discredit on them or their predecessors. It may embarrass the authorities. It may impede the process of administration. Experience however shows, in this country and elsewhere, that publicity is a powerful disinfectant.

“Where abuses are exposed, they can be remedied. Even where abuses have already been remedied, the public may be entitled to know that they occurred.” R v Shayler(2002) UKHL 11, (2003)1 AC 247.

Thank you to John Slater for providing Lord Bingham’s quote.

Welfare reform – lessons learned

DWP wastes money on another Universal Credit FOI appeal

Universal Credit full business case “a long way from Treasury approval”

By Tony Collins

Yesterday in Parliament Iain Duncan Smith gave a statement on Universal Credit – then MPs asked him questions.  Conservative MP Nigel Mills asked IDS a straightforward question:

“Can the secretary of state confirm that the Treasury has now signed off the whole business case and laid to rest that fear that they were not going to do that?”

IDS gave a clear reply: “That is exactly what was being asked before the summer break and the answer is they have …”

But the UC programme has not received Treasury approval for the full business case, nor even the outline business case. Today’s National Audit Office report “Universal Credit: progress update” says that the UC programme received approval in September 2014 for the “strategic outline business case” only.

An NAO official says this is a “long way from Treasury approval” of the full business case.

Until the full business case is approved, UC has no formal funding beyond the current spending review. Meanwhile the Treasury has been funding UC in “small increments” according to the NAO.

The Department of Work and Pensions is due to produce the outline business case next summer, before the next government’s spending review.

The “outline” business case is supposed to set out how the programme is affordable and will be successfully delivered. It summarises the results so far and sets out the case for proceeding to a formal procurement phase.

The “full” business case documents the contractual arrangements,
confirms funding and affordability and sets out the detailed management
arrangements and plans for successful delivery and post evaluation.

The absence of approval for the outline or full business case underlines the uncertainties still in the UC programme. Indeed the latest NAO report says it’s too early to tell whether UC will prove value for money.

But the DWP has reduced risks by extending the roll-out. The programme is now not expected to be completed before 2020. The original completion date was 2017.

The DWP has a twin-track approach to the UC IT programme. It is paying its existing main IT suppliers to support the introduction of UC – the so-called “live” service – while an agile team develops a fully-automated “digital” service that is designed to do all that the “live” service cannot do without manual intervention.

The agile system has yet to be tested – but it has cost only about £8m compared with more than £90m spent on the “live service”.

Porkies?

Labour MP Glenda Jackson, who is a member of the Work and Pensions committee, suggested to IDS yesterday that his promises to MPs on Universal Credit’s roll-out have all been broken and that he has told the House of Commons “porky pies”.

IDS replied that his intention is to ensure that UC is rolled out in a safe and secure way.

Comment:

You’d never know from IDS’s replies to MPs yesterday that the Universal Credit programme doesn’t yet have either outline business case approval or full business case approval.

In other words, the Treasury has yet to be convinced the UC programme is feasible or affordable. It is paying for the programme in increments.

IDS told MPs the programme has business case approval. He did not make it  clear that the programme has the early-stage strategic outline business case approval.

His comments reinforce the need for the National Audit Office to scrutinise the Universal Credit programme. Left to the Department for Work and Pensions, the facts about the programme’s progress, problems and challenges would probably not emerge, not in the House of Commons at least.

Some MPs have said for years that Parliament is the last place to look for the truth.

IDS also said yesterday that the original deadline for completion of UC by 2017 was “artificial” – though he has quoted the 2017 date to MPs on several occasions.

Will UC succeed?

UC as an IT-based programme is not doing too badly, to judge from today’s NAO report.

Indeed it seems that the Department for Work and Pensions, when under intense scrutiny, can start to get things right.

Though existing systems from major suppliers look increasingly unlikely to be able to handle the predicted volumes without a large and expensive amount of manual intervention, the agile digital system, though delayed by 6 months, looks promising, at a fraction of the cost of the conventional “live” system.

Scrutiny

The NAO is scrutinising the programme. The DWP’s own auditors seem to be doing a good job. The Cabinet Office’s Major Projects Authority is making useful recommendations. And the programme has an independently-chaired board. [The NAO says the programme board has been hampered by limited information and suggests this is because the DWP gives the board “good news” statements rather than facts.]

All this scrutiny is powering the programme in the right direction, though the uncertainties remain massive. As Campaign4Change predicted, the programme will not be complete before 2020. But who cares, if it works well in the end and losses are minimised?

DWP officials are learning lessons – and UC could end up as a template for big government IT-enabled programmes  The twin-track approach of using existing suppliers to deliver support for major business changes that yield problems and lessons  that then feed into an entirely new agile-based system is not a cheap way to develop government IT –  but it may work.

What DWP officials have yet to learn is how to be open and truthful to Parliament, the media – and even its own programme board.

Universal Credit: progress update

Some highlights of today’s NAO report

NAO warns over costs of further Universal Credit digital delay

Universal Credit: watchdog warns of costs of further delays

Government may have to write off more than £200m invested in IT on Universal Credit