Tag Archives: public sector

A webinar on legal, procurement and contractual issues around public sector staff mutuals

By David Bicknell

This Thursday, 20th October, Local Government Law.tv is hosting a webinar on procurement and contracts issues arising out of the government’s encouragement of  the formation of staff mutuals by public sector employees to take over the running of services from their employers.

The course will cover the following:

•    Outline Government policy towards transfer to mutuals
•    Explain the provisions of the Community Right to Challenge under the Localism Bill
•    Outline issues which may arise under Public Contract Regulations
•    Consider  the ability of such a body to discharge a statutory function
•    Look at possible contractual issues  to be considered
•    Examine potential Governance issues which may arise

Summary Care Record – an NPfIT success?

By Tony Collins

Last month the Department of Health briefed the Daily Mail on plans to dismantle the National Programme for IT.  The result was a front page  lead article in the Mail, under the headline:

£12bn NHS computer system is scrapped… and it’s all YOUR money that Labour poured down the drain.

The article said:

The Coalition will today announce it is putting a halt to years of scandalous waste of taxpayers’ money on a system that never worked.  It will cut its losses and ‘urgently’ dismantle the National Programme for IT…”

Now the DH has briefed the Telegraph on the success of  Summary Care Records, the national database run by BT under its NPfIT Spine contract.

So the Telegraph has given good coverage to the summary care records scheme.

By its selective briefings the DH has achieved prominent coverage in the national press for dismantling a failing £12bn NHS IT programme, and for modernising the NHS by successfully creating summary care records (under an IT programme that is being dismantled).

The DH’s officials know that the national press will usually give priority to off-the-record briefings by representatives of departments, especially if the briefing is in advance of the issuing of a press release. The Telegraph’s article was in advance of the DH’s publication of this press release.

Prominent in the Telegraph’s coverage was Simon Burns, the NPfIT minister, who in May 2011 spoke on BBC R4’s Today programme of the “fantastic” NPfIT systems [which are based on Cerner Millennium] at the Royal Free Hampstead NHS Trust.

Last week in his praise of summary care records in the Telegraph Burns quoted various medical organisations as supporting the scheme. Taken together the Telegraph articles depict the Summary Care Records scheme as a success – an important part of patient care and treatment.  Said Burns :

“Patient charities have seized on the Summary Care Record; a new type of national, electronic record containing key medical information, as a way of making sure the NHS knows what it needs to about their condition.

“Some of these groups have told us how this can sometimes be a real struggle. Asthma patients being asked to repeat their medical history when they are struggling to breathe. The patient with lung disease carrying around a wash bag with ‘Please make sure I take this medication’ written on it when they are admitted to hospital. Or even the terminally ill patient who ends up dying in hospital because their wish to die at home wasn’t shared with an out–of–hours doctor.

“Patient groups are recognising that one of the easiest and most effective ways of giving these patients a stronger voice is to use the record to tell the NHS the most crucial information about their condition.

“The record contains information about medications, allergies and bad reactions to drugs and is mainly being used by outof–hours GPs to provide safer care where no other information is available…

“Patients can speak to their GP about adding extra information that they want the NHS to know about them in an emergency to their record. The Muscular Dystrophy Campaign has urged their patients to do just this as the first group to recognise the potential of the Summary Care Record. Mencap, AsthmaUK, DiabetesUKand the British Lung Foundation are also raising awareness among patients about how the Summary Care Record can be used to improve and personalise the care they receive.

“Some seriously ill patients have added information about their end of life wishes to their record, helping to ensure that their wishes, typically to die at home, are respected.

“This is because information about their wishes can be shared with everyone, including, most critically, outof–hours doctors and paramedics, involved in their care.

“Some patients have voluntarily added ‘do not resuscitate’ requests to their records, which would be cross–checked against other sources of information at the point of care. Families and carers report that this has saved them and their loved ones much needless distress…”

The Telegraph noted that about 8.8 million people – a fifth of the total number of patients in England – have summary care electronic records. All 33.5 million NHS patients in England are being offered the opportunity of having the service, said the newspaper which added that only a “few” people have opted out. [About 1.2% have opted out, which is about double the rate of opt-outs in the early stages of the SCR programme.]

Comment:

When he meets his Parliamentary colleagues Simon Burns does not like to hear criticism of the NPfIT. He is earning a reputation as the NPfIT’s most senior press officer, which may seem odd given that the programme is supposedly being dismantled.

But Burns’ enthusiasm for the NPfIT is not odd.  He is reflecting the views of his officials, as have all Labour NPfIT ministers:  Caroline Flint, Ben Bradshaw and Mike O’Brien were in the line of Labour NPfIT ministers who gave similar speeches in praise of the national programme.

That Burns is following suit raises the question of why he is drawing a minister’s salary when he is being simply the public face of officialdom, not an independent voice, not a sceptical challenge for the department.

Burns and his Labour predecessors make the mistake of praising an NPfIT project because it is a good idea in principle. Their statements ignore how the scheme is working in practice.

The NPfIT’s projects are based on good ideas: it is a good idea having an accurate, regularly-updated electronic health record that any clinician treating you can view. But the evidence so far is that the SCR has inaccuracies and important omissions. Researchers from UCL found that the SCR  could not be relied on by clinicians as a single source of truth; and it was unclear who was responsible or accountable for errors and omissions, or keeping the records up to date .

Should an impractical scheme be justified on the basis that it would be a good thing if it worked?

The organisations Burns cites as supporting the summary care record scheme are actually supporting the underlying reasons for the scheme. They are neutral or silent, and perhaps unaware, of how the scheme is working, and not working, in practice.

That has always been the way. The NPfIT has been repeatedly justified on the basis of what it could do. Since they launched it in 2002, ministers and officials at the DH and NHS Connecting for Health have spoken about the programme’s benefits in the future tense. The SCR “will” be able to …

Hence, six years into the SCR,  the headline of the DH’s latest press release on the scheme is still in the future tense:

Summary Care Record to benefit millions of patients with long term conditions, say patient groups

Burns says in the press release that the SCR has the “potential” to transform the experience of healthcare for millions of patients with long term conditions and for their families and carers.

Caroline Stevens, Interim Chief Operating Officer at the British Lung Foundation says in the same press release that the SCR “will” bring many benefits for patients.

And Nic Bungay, Director of Campaigns, Care and Support at the Muscular Dystrophy Campaign says in the press release that his organisation sees the great “potential” for Summary Care Records…”

Summary Care Records – the underlying problems 

Shouldn’t the SCR, hundreds of millions of pounds having been spent, be transforming healthcare now? The evidence so far is that the SCR scheme is of limited use and might have problems that run too deep to overcome.

Trisha Greenhalgh and a team of researchers at UCL carried out an in-depth study of the SCR with funding from NHS Connecting for Health though CfH did not always  extend the hand of friendship to the team.

Greenhalgh showed a conference of Graphnet healthcare users at Bletchley Park code-breaking centre last year how the SCR scheme was entangled in a web of political, clinical, technical, commercial and personal considerations.

Quite how political the scheme had become and how defensive officials at the DH had been over Greenhalgh’s study can be seen in her presentation to Graphnet users which included her comment that:

“All stakeholders [in the UCL report] except Connecting for Health wrote and congratulated us on the final report.”

CfH had sent Greenhalgh 94 pages of queries on her team’s draft report, to which they replied with 100 pages of point-by-point answers. The final report, “The Devil’s in the Detail“, was accepted by peer review – though it later transpired, as a result of UCL investigations, that one of the anonymous peer reviewers was in fact working for Connecting for Health.

These were some of the Greenhalgh team’s findings:

– There was low take-up of the SCR by hospital clinicians for various reasons: the database was not always available for technical reasons, such as a loss of N3 broadband connection; and clinicians did not always have a smartcard, were worried about triggering an alert on the system, were not motivated to use it, or might have been unable to find a patient on the “spine”.  The  SCR was used more widely by out-of-hours doctors and walk-in centres.

– GP practices had systems that were never likely to be compliant with the Summary Care Record central system.

– The SCR helped when a record existed and the patient had trouble communicating.

– The SCR helped when a record existed and the patient was unable to say what multiple medications they were using.

–  There were tensions between setting a high standard for GPs to upload records or lowering standards of data quality to encourage more GP practices to join the scheme.

–  Front-line staff didn’t like asking patients for consent to view the SCR at the point of care. This consent model was unworkable, inappropriate or stressful.

–  There was no direct evidence of safer care but the SCR may reduce some rare medication errors.

– There was no clear evidence that consultations were quicker.

– Costly changes to supplier contracts were needed to take in requirements that were not fully appreciated at the outset of the programme.

– The scheme was far more complex than had been debated in public. Its success depended on radical changes to systems, protocols, budget allocations, organisational culture and ways of working. And these could not be simply standardised because nearly every health site was different.

So what’s the answer?

The SCR is an excellent idea in principle. Every out-of-hours doctor should know each patient’s most recent medical history, current medications and any adverse drug reactions.

But this could be provided locally – by local schemes that have local buy-in and for which there is accountability and responsibility locally. It can be argued that the Summary Care Record, as a national database, was never going to work. Who is responsible for the mistakes in records? Who cares if it is never widely used? Who cares if records are regularly updated or not? Why should GPs care about a national database? They care about their own systems.

It appears therefore that the SCR has benefited, in the main, the central bureaucracy and its largest IT supplier BT.  The SCR national database has kept power, influence and spending control at the centre, emasculating to some extent the control of GPs over their patient records.

The central bureaucracy continues to justify the scheme with statistics on how many records have been created without mentioning how little the records are looked at, how little the information is trusted, and how pervasive are the errors and omissions.

BT and DH officials will be delighted to read Simon Burns’ commentary in the Telegraph on the SCR. But isn’t it time IT-based schemes were unshackled from politics? DH press releases on the success of local IT schemes would be few and far between. But why should £235m – the last estimated cost of the SCR – be spent so that ministers can make speeches and be quoted in press releases?

.

Head of NPfIT remains in post says DH

Sir David Nicholson, the Chief Executive of the NHS and Senior Responsible Owner [SRO] of the NPfIT, will remain as the programme’s SRO until the scheme is dismantled, the Department of Health said this week.

The DH’s statement contradicts a suggestion in the media that, as the NPfIT programme board has been disbanded, Nicholson is no longer the scheme’s senior responsible owner.

Had Nicholson stood down as the NPfIT SRO there would have been no direct accountable owner for the £4bn worth of contracts with local service providers BT and CSC, or the scheme’s remaining systems such as Choose and Book, the Summary Care Record and the data “Spine”.

A project’s SRO is held by Parliament to be the “business owner” of a central government project, the person responsible for the scheme’s results. Nicholson took on the job of NPfIT overall SRO when he accepted the appointment of NHS CE in 2006.  He has become the programme’s staunchest supporter.

A spokesperson for the Department of Health said: “We have already announced that we are dismantling the National Programme for IT and establishing new governance arrangements to support more local decision making.

“Sir David Nicholson will remain Senior Responsible Owner to ensure a clear line of accountability whilst this work is undertaken.”

It’s unclear when Nicholson will stand down as head of the NPfIT or whether he can be held accountable for the problems on the project under his leadership. In 2008 he declined to order an independent investigation into the NPfIT.

Nicholson tries to keep NPfIT alive.

Universal Credit internal report – now published

By Tony Collins

Below is the Universal Credit Starting Gate review report that the Department for Work and Pensions refused to publish under the Freedom of Information Act.

The Treasury defines the Starting Gate review as a report on the “deliverability of major new policy and/or business change initiatives prior to public commitment to a project”.

The Starting Gate report on Universal Credit was obtained from the House of Commons’ library by Conservative MP Richard Bacon. It appears that the Cabinet Office’s Chief Operating Officer Ian Watmore asked the DWP to release the report to the Public Accounts Committee after Bacon’s request.

This is the first time all the sections of the report have been published on a website. The report is dated March 2011. No later assessment of the IT aspects of Universal Credit is available. UC is the government’s biggest IT-based project based on agile principles.

Starting Gate review: Universal Credit
Version number: Final
Date of issue: 8 March 2011
Name of Sponsor
(Senior Responsible Owner)
Terry Moran, Director-General Universal Credit,DWP
 Department: Department of Work and Pensions (DWP)
Review dates: 28 February 2011–4 March 2011

Introduction

1 The White Paper “Universal Credit: welfare that works”, published on 11 November 2010, sets out the Coalition Government’s plans to introduce legislation to reform the welfare system by creating a new Universal Credit (UC). The main policy intent is a radical simplification of the system to make work pay and to combat worklessness and poverty.

2  On16 February 2011the Welfare Reform Bill was introduced to Parliament. The Bill introduces a wide range of reforms to make the benefits and tax credits system fairer and simpler by:

  • creating the right incentives to get more people into work by ensuring work always pays;
  • protecting the most vulnerable in society;
  • delivering fairness to those claiming benefit and to the tax payer.

The aim is to introduce UC from October 2013.

3  The delivery of Universal Credit has a core dependency on HMRC’s Real Time Information (RTI) programme which will collect Pay-As-You-Earn (PAYE) and other earnings information from employers dynamically as they run their payroll system.  To realise UC objectives, theRTItimetable has been designed to enable a controlled “go-live” from April 2012 and start a phased migration of employers.

Starting Gate review

4  This is a Starting Gate review report.  Starting Gate is an assurance tool of the Major Projects Authority in the Cabinet Office designed for Government Departments, their Agencies and NDPBs. Starting Gate reviews are intended to help Departments working on major high risk policy initiatives before these reach the stage of formal delivery projects or programmes. The aim is to provide an independent, constructive snapshot assessment of key issues and risks, and proposals or recommendations to enhance the prospects of successful implementation.

 Acknowledgements

5  The Review Team (RT) would like to thank the SRO and Programme team for the excellent logistical support and documentation which has helped us in our evaluation.

 Scope of review

6  The scope of this review is to assess the overall deliverablity of the Universal Credit programme with a specific focus on:

  • project structure and governance;
  • the dependency on HMRC’sRTIprogramme, and contingencies if that is delayed;
  • changing customer behaviour (ie increased use of on-line services):
  • testing the risks and benefits of applying the Agile methodology (eg the promise of completed products of lasting value at each stage; the fit with normal business cycle; and the rules on accountability).

SUMMARY OF RECOMMENDATIONS

Recommendation Section Page
The programme, in conjunction with the wider business, develops a roadmap depicting how existing benefits will be managed in the future, specifically but not exclusively, Housing Benefit for Pensioners, Disability Living Allowance. Scope of programme 5
The programme reviews their project governance structures to ensure the optimal board structure is in place, providing a hierarchy of decision making bodies, from the Agile design workshops to the Programme Board.  Ensure each board has clear terms of reference, are aware of their decision making powers and the correct escalation route. Structure and governance 6
The programme should formally assess themselves against the NAO list of common causes of project failure to identify potential ‘danger zones’ that they can plan to mitigate.  Also use the expertise gained by HMRC andASDas a valuable insight to successful delivery and avoiding past mistakes. Communications strategy 6
The programme to establish a comprehensive communications strategy and supporting plan.  Although customers and staff were highlighted above the strategy should include all interested parties, and specifically those with a dependency on or to the programme. Communications strategy 6
The programme to work closely with other government departments to identify where there may be opportunities to link with their activity in order to enhance UC’s chances of success. Dependencies 7
The programme to set up a working group to look at the set of complex cases to see if there are alternative handling options for these cases but with the ultimate payment coming through Universal Credit. Changing customer behaviour 8
DWP, with guidance and assistance from the MPA, produces an Integrated Assurance and Approvals Plan (IAAP) by the end of March 2011. Agile 9

DELIVERABILITY

7  The SRO requested the RT’s overall views.

8  The review team finds that the Programme has got off to an impressively strong start given the demanding timetable and complexity of the design and interdependency with other departments.  This involves liaison with HMRC in particular, but also with CLG and local government in respect of the replacement of Housing Benefit as part of the Universal Credit.  We found that the foundations for a delivery Programme are in place – clear policy objectives, a coherent strategy, Ministerial and top management support, financial and human resources – with no obvious gaps.  The strong working relationship with HMRC and the inclusive approach with other key stakeholders within and outsideDWPhave quickly established a high level of common understanding.  All this gives a high degree of confidence that, notwithstanding the inherent challenges, the programme can deliver Universal Credit.

9  There is a greater degree of uncertainty around the achievability of the intended economic outcomes because of factors which are not within DWP’s control e.g. the general state of the economy and availability of jobs.  There are other risks which derive from trying new approaches: the Agile methodology offers much promise but it is unproven on this scale and scope.  The actual response of different customer groups to UC may pose a risk to its transformational impact if, for example, factors other than net pay turned out to be a greater barrier to take up of work than expected.  The development of a range of approaches to contingency planning (which could be beyond changes to UC) could cover off unintended customer behaviour, whether “no change”, or “change for the worse”.

ASSESSMENT

Scope of programme

10  The Review Team (RT) recognises the challenges that delivering into an organisation already undergoing substantial change through restructuring presents.  In order to have the best chance of determining the most appropriate delivery model and developing credible and effective transition plans to deliver a ‘world class’ service, early decisions on the shape of the organisation would be immensely helpful.

11  There is a very real danger that due to a number of factors, including restructuring, headcount reductions, and uncertainty about the delivery model, the department may lose some of the expertise that it will need in order to deliver Universal Credit successfully.  There is also the challenge of maintaining staff morale during a period of uncertainty, to ensure the quality of service for the existing service is not impacted.  The review team felt that this was sufficiently visible to the Programme and that the risk was being managed at this stage.  Once the delivery model is known and the Programme moves nearer to transition, this risk will need more focus.

12  During the review, a number of interviewees raised the topic of the scope of both the Universal Credit and the Universal Credit IT platform and associated systems.  What was not obvious was whether there was a consensus on whether the Universal Credit platform was being designed as a strategic platform with potential for re-use across a number of other DWP payments, or whether it was solely a platform to pay Universal Credit.

13  Given the Coalition Government’s desire to see re-use built into IT systems from the outset, it would be prudent to consider opportunities for this now.  The review team felt that a roadmap, identifying what was definitely within the Universal Credit boundary, what could be paid by the Universal Credit platform at a future date, and what was definitely out of scope, would be beneficial.  The roadmap should also indicate how the ‘out of scope’ payments are to be handled and assign ownership.  This would be a useful departmental tool to provide clarity to stakeholders both within the Department and those that are impacted outside of DWP.

Recommendation:

The Programme, in conjunction with the wider business, develops a roadmap depicting how existing benefits will be managed in the future, specifically but not exclusively, Housing Benefit for Pensioners, Disability Living Allowance.

Project Structure and Governance

14  The importance of the programme is evidenced by the amount of commitment and support it received during the review.  The appointment of dedicated, experienced and well respected personnel into the key programme roles is seen as very positive and welcome.

15  In terms of structure the proposal to keep the programme’s core team to a minimum whilst commissioning involvement and support from key areas as necessary was generally well supported, However, the impact of any organisational redesign to meet the SR challenges was raised as a key risk to delivery.  As mentioned above, this is an issue the programme is aware of within their risk log.

16  It is recognised in order for the programme to get to their current position is has been necessary to establish a Programme Board which allows all interested parties a voice.  The review team found the time was now right to review the membership and frequency of the Programme Board and supporting structures to allow empowered decisions to be taken at the right level.

17  In reviewing the programme structure it is important that stakeholders retain a voice although not a decision making responsibility.  There was evidence that the programme board had recognised this and consideration was being given to a stakeholder forum.

Recommendation:

The programme reviews their project governance structures to ensure the optimal board structure is in place, providing a hierarchy of decision making bodies, from the Agile design workshops to the Programme Board.  Ensure each board has clear terms of reference, are aware of their decision making powers and the correct escalation route.

 Communications Strategy

18  Communications are key to the successful delivery of the programme on many levels, the review highlighted concerns in three specific areas:

a)      Lessons Learned – The scale and complexity of the programme is recognised as a key risk, however there are many sources of information which could help minimise this risk.  These include the recent NAO review “Assurance of High Risk Projects” which produced a list of the top reasons for project failure; the lessons learned by HMRC with the introduction of Tax Credits and more recently the PAYE modernisation programme; and the very recentASDexperience of using Agile as a development tool.

Recommendation:

The programme should formally assess themselves against the NAO list of common causes of project failure to identify potential ‘danger zones’ that they can plan to mitigate.  Also use the expertise gained by HMRC and ASD as a valuable insight to successful delivery and avoiding past mistakes. 

b)      Customers and Customer Groups – The valuable work already undertaken by the Customer Insights team was greatly applauded and there was a recognition that this should definitely continue and grow.  Concerns were raised about the need to ensure communications with customers and those groups representing customer interests were started early, dispelling myths and unfounded concerns whilst providing the foundations for the cultural and behavioural changes that will be needed.

c)      Internal Staff – The uncertainly of the operational delivery model and the known efficiency challenge highlighted concerns about the need to engage with staff, providing up to date, clear information about what decisions had been taken, what were planned and the timescales.

Recommendation:

The programme to establish a comprehensive communications strategy and supporting plan.  Although customers and staff were highlighted above the strategy should include all interested parties, and specifically those with a dependency on or to the programme.

Dependencies

19  Successful delivery also involves the active management of key relationships and dependencies.  It is recognised by all parties that there is a need for the programme to work with colleagues in DWP, HMRC and Local Authorities. The foundations for these relations are established and embedded in the membership of the key stakeholder and governance boards.

20  Whilst the review highlighted a number of inter-dependencies between Universal Credit and the existing DWP change portfolio, specifically Automated Service Delivery, Transforming Labour Market Services, IB Reassessment and the Work Programme, it is recognised that work has already been commissioned to provide an impact analysis assessment for the Investment Committee.

21 The review did however highlight areas where the programme could potentially utilise (or extend existing engagement with) the expertise and activities of other Government departments:

  • Cabinet Office: continue the engagement on cyber security to ensure security features are built in from the start. The RT noted the involvement of the appropriate agencies.
  • HMT: work to understand the Labour Market forecasts/trends which will provide information on the wider environment.
  • BIS: work to provide information on skills sought by employers.

Recommendation:

The programme to work closely with other government departments to identify where there may be opportunities to link with their activity in order to enhance UC’s chances of success.

HMRC’s Real Time Information (RTI) programme

22  The RT finds that bothDWPand HMRC are clear that timely delivery of RTI is a hard dependency for UC.   The joint framework established between the two departments at strategic, policy and operational levels has worked well to date to achieve rapid progress on areas of shared concern. There is a Universal Credit high level programme delivery plan including RTI;  a common change control mechanism is under discussion; the Welfare Reform Bill team has contact details for key HMRC officials and should be encouraged to engage them wherever needed during the passage of the Bill.  This is a strong foundation for the further detailed work that is needed such as a clear and agreed critical path showing key decision points.

23  The RT notes a strong commitment by Ministers and top management engagement in and support for this framework – a known critical success factor for major programmes in both the public and private sector.  Such support will be ever more important as the challenges of delivery increase in a timetable which, all acknowledge, is tight and poses a significant risk.  A restructured Programme Board (see section on governance), overseen by the Ministerial and top management Group, will be essential to maintaining collaborative management.

24  Detailed work is underway to develop a model for scaling up the non PAYE-RTI solution – a self-reporting system for the self-employed – as a contingency for delay of the required RTI service. (This will need to include the impact of the delivery model for UC, on which a decision is expected before Easter.)  The customer journey work will enable the identification of categories of customer claims which could, in principle, offer early “success stories” from a policy perspective and be processed under a non RTI-dependent system.   These options are work in progress and will need to be costed.

25  Contingency has been provided for in respect of other anticipated risks.  For example, the RTI testing period, envisaged to start in April 2012, has some “stretch” to allow for changes to the RTIBuild specification which could arise from the completion of the RTIDesign phase which runs beyond the letting of the Build contracts in May, or in response to late amendments to the Welfare Reform Bill.

Changing customer behaviour

26  The review team felt that the work that has been undertaken through the Customer Insights Team and the User Centre Design activity was a positive indicator that the customer feedback was being taken seriously from the outset, and was helping to shape both the policy and the system with which to deliver the policy.  It was seen by the review team as essential that this engagement with the customer base continues throughout the process.  The department however, should not underestimate the challenge to its staff in taking on a new customer base (i.e. working customers) and every effort should be made to transfer the learning and experience of those already dealing with these customers into the new delivery model.

27   Although the desire is to encourage customers to change their behaviour and to make the transition into work easier, this cannot be done through the implementation of Universal Credit in isolation.  A sustained programme of education and support through wider welfare reform activities will be needed to achieve this and the Programme should maintain links with those other areas of activity throughout.  One risk with any programme of work designed to change behaviour is that in an attempt to encourage people to make the move one way, there is an unintended consequence and behaviour is driven in the wrong direction.  The Programme should use the Customer Insights Team and the user centre design activity to provide an early warning of the likelihood of this happening.

28  One of the key principles of the new Universal Credit is simplicity and the importance of this was reiterated to the review team on a number of occasions.  One of the biggest challenges for the Programme is to maintain that simplicity but to still make provision within the system to deal with the most difficult and complex cases.  It is not feasible to have a system which does not cater for the customer base in its entirety but the Programme may wish to consider whether there are alternative ways of handling the minority group of customers with the most extreme complex cases in order not to compromise the integrity of the system and the over-arching simplicity of Universal Credits.

Recommendation:

The programme to set up a working group to look at the set of complex cases to see if there are alternative handling options for these cases but with the ultimate payment coming through Universal Credit.

29  Another challenge for the programme is the desire to move the majority of customers to on-line services.  This will present some difficulties and it may be beneficial to engage other organisations that have achieved this to understand the methodologies or tools they have used.

Agile

30  The challenging timetable for delivery of UC meant that DWP elected to use an Agile approach to the delivery. There is no evidence of such a methodology being used on a public sector programme of such scale and during the course of the review it was evident that there had been some initial scepticism to the use of such a methodology with a programme of this scale. However, during the review there was overwhelming evidence of buy-in to the methodology at all levels up to and including the highest levels. DWP have set about thoroughly educating all involved on what can be expected from them and there was clear evidence within the interviews that this is being taken up enthusiastically.

31  There was a view that policy decisions being made later in the programme would pose a problem for delivery. This was countered by the view that the methodology should allow decisions to be made when they need to be made, which is in contrast to fixing requirements early in more traditional (‘waterfall’) methodologies. On balance, the review team found that the use of the chosen methodology here was judged by interviewees to provide greater assurance of delivery in such an environment. The review team agrees with this finding.

32  In terms of the use of Agile within Government,DWPalso have the best current experience via their Automated Service Delivery (ASD) Programme, which used a slightly less ‘lean’ version of the methodology based on an Accenture interpretation. However, there are still valuable lessons that can be transferred from this programme and there exists experience that is being directly deployed on UC. The review team felt that whilst effectively piloting this methodology on a programme such as UC did pose a risk, this was acceptable in view of the risk of delivery out of line with expectations, for example in terms of timing or quality of service to the public.

33  Accenture remain involved in UC, although DWP have brought in consultants (Emergn) to provide an independent methodology not based on any ‘out of the box’ methodologies, but rather one that Emergn have tailored. New contracts supporting this development are due to be awarded in June 2011 and DWP state that their use of this independent methodology will serve to remove any supplier advantage.

34  There was evidence that DWP have understood the need for decision-making delegated to the level at which the expertise exists, with the appropriate empowerment supported within the planned governance re-design. There was also an acknowledgement that the right domain/business knowledge needs to be made available at the workshops that will drive the detailed design processes. It was also accepted that there is a continuing need for this knowledge to be made available and also that it will need to keep pace with the changing policy.

35  One key risk identified by DWP is how an Agile methodology will interact successfully with the various approvals processes that will come into play across the programme – most especially the ICT Spend Approval process (formally known as the ICT Moratorium Exception process). Engagement has begun already with the Major Projects Authority (MPA) on designing the Integrated Assurance and Approval Plan (IAAP) that will ensure the correct internal and external assurance is brought to bear for the identified approval points. The production of this plan is seen by the review team as a key mitigating factor for the risk identified and it is recommended that this is produced, with MPA guidance, by the end of March 2011 at the latest. This may need fine-tuning as approval points are finally agreed.

Recommendation:

DWP, with guidance and assistance from the MPA, produces an Integrated Assurance and Approvals Plan (IAAP) by the end of March 2011.

36  As noted earlier, there are contracts that are relevant to this development that are being re-competed at this time, with a wish to award in June 2011. There was some evidence that the design of contracts to deliver in an Agile environment will require a different design in order to draw out supplier behaviour in line with an accelerated delivery environment.

37  There is a always the risk that any development methodology will fail to deliver and whilst this methodology itself provides early warning of failure, there is recognition that in such a circumstance the prioritisation of customer journeys with high-value returns would be needed.

38  There was much evidence of the reliance of UC on successful delivery of the HMRC PAYE Real-Time Information (RTI) programme. There was also recognition that whilst ‘just-in-time’ decisions as a consequence of policy development could be made within UC, the RTI requirement would need to be more rigidly fixed as the traditional ‘waterfall’ development methodology in use cannot so easily absorb such changes without consequence.

39  There was some concern that fraud would remain a major issue for UC and appropriate Information Assurance should be built into the requirement from the outset – rather than being a ‘bolt-on’. Also, as UC and its interface with PAYERTI will become part of the UK Critical National Infrastructure, appropriate discussions should be maintained. There was evidence that DWP have gripped these requirements.

40  Overall, the use of an Agile methodology remains unproven at this scale and within UK Government; however, the challenging timescale does present DWP with few choices for delivery of such a radical programme. That said, there has been evidence of strong support at all levels and DWP do have some expertise within their own organisation that they can call upon from the outset. The review team not only felt that an Agile development is an appropriate choice given the constraints, they also believe that DWP are well placed with their level of support, knowledge and enthusiasm to act as a pilot for its use at such a scale.

 

Compound failure

41 DWP has made a strong start in identifying risks to delivery.   This could be developed further by thinking through the likelihood and impact of a number of risks being realised simultaneously (eg lack of synchronisation between reduced income and UC top-up, plus wrong employer data plus labour market downturn).and what the responses might be.  The programme could extend its preparedness by drawing on a wider range of experience the elements of recovery and their prioritisation; and test their robustness in advance, including an early warning system for Ministers.

Next independent external assurance

To be identified in the Integrated Assurance and Approvals Plan (IAAP) to be presented to the Programme Board w/b 21 March.

The Programme is scheduled for formal internal DWP “Gate zero” acceptance at an Investment Committee (IC) meeting on 21 April.

**

Thank you to Richard Bacon for obtaining a copy of the Starting Gate review. Bacon had requested a copy from Joe Harley, Government CIO and CIO at the DWP. Ian Watmore, Chief Operating Officer at the Efficiency and Reform Group, Cabinet Office agreed to supply Bacon with a copy as per the following exchange at a hearing of the Public Accounts Committee on 16 May 2011:

Bacon: “You sounded quite confident about universal credit. Will you send us the initial gateway review for universal credit?”

Harley: “The starting gate review?”

Watmore:  “The starting gate review. I don’t have a problem with that.”

After the hearing when the DWP refused our FOI request for a copy of the UC Starting Gate review report, it said that publication was not in the public interest. We can see nothing in the report that justifies the DWP’s claim. That said accountability and transparency are not the DWP’s defining characteristics.

Links:

Open Government? – Up to a point Lord Copper.

DWP FOI team hides already released report.

Agile and Universal Credit

NPfIT – criminal incompetence says The Times

By Tony Collins

In an editorial not everyone would have seen, The Times said the history of the NPfIT was “one of criminal incompetence and irresponsibility”.

The main leader in The Times on 23 September had the headline “Connecting to Nowhere”.

It said:

“The comically misnamed Connecting for Health will continue to honour its contracts with big companies and to swallow taxpayers’ money for some time to come: up to £11bn on current estimates. The figure demonstrates the truly egregious scale of the previous Government’s incompetence on this issue: this vast sum seems to have been committed irrevocably, even though the project has never achieved its objectives.

“The story is a dismal catalogue of naivity, ambition and spinelessness. NHS managers and officials …were [not] brave enough to question the direction of travel at crucial moments when IBM and Lockheed pulled out of the project early on. Whitehall was sold a grand vision by consultants, software and technology companies charging grandiose fees. It signed contracts that appear to have been impossible to break when the promised land did not appear. Yet no one seems responsible. No one has been sacked. Most of the officials involved have long moved on…

“There have been spectacular failures in the private sector too. But businesses, with tighter controls on spending, tend to halt things earlier if they are going wrong. Many prefer off-the-shelf systems such as SAP or Oracle, which are tried and tested. They know that it is cheaper to adapt their processes, not the software.

“This newspaper is in favour of serious investment in technology, which could play an important part in economic growth. The NHS debacle has done enormous damage to this country’s reputation for expertise in IT systems. The lessons for the future are clear. Governments must hire people who can make informed and responsible procurement decisions. Patients, in every way, are going to end up paying the price.”

A separate article in The Times 0f 23 September included comments by Campaign4Change whose spokesman said that if the Department of Health continues to spend money on NPfIT suppliers it will probably get poor value for money.

Comment:

Compare the remarks in The Times with those of David Nicholson, Chief Executive of the NHS and Senior Responsible Owner of the NPfIT who refused to agree to a request by 23 academics to have an independent review of the scheme. Nicholson could not contain his enthusiasm for the NPfIT when he told the Public Accounts Committee on 23 May 2011:

 “We spent about 20% of that resource [the £11.4bn projected total spend on the NPfIT] on the acute sector. The other 80% is providing services that literally mean life and death to patients today, and have done for the last period.

“So the Spine, and all those things, provides really, really important services for our patients. If you are going to talk about the totality of the [NPfIT] system … you have to accept that 80% of that programme has been delivered.”

It’s difficult to accept Nicholson’s figures. But even if we do, we’d have to say that the 20% that hasn’t been delivered was the main reason for the NPfIT: a national electronic health record which hasn’t materialised and isn’t likely to in the near future.

The contrasting comments of The Times and Nicholson’s are a reminder that the civil service hierarchy at the Department of Health operates in a world of its own, unanswerable to anyone, not even the Cabinet Office or Downing Street.

Can the Department of Health be trusted to oversee health informatics when it has such close relationships with major IT companies and consultants? While Katie Davis is in charge of health informatics there is at least an independent voice at the DH. But as an interim head of IT how long will she last? The DH has a history of not being keen on independent voices.

Nicholson: still positive after all these years.

NPfIT goes PfffT.

Beyond NPfIT.

Surge in tenders for non-NPfIT systems.

Mutuals: IT group’s white paper response warns of risk of ‘fragmented and disconnected IT systems’

By David Bicknell

In its response to the Open Public Services White Paper, Socitm,  the association for all IT professionals working in local authorities and the public and third sectors, has said it welcomes the prescription for strong local government set out in the White Paper.

“Greater freedoms from central control, devolution of functions, funding following the individual, power and control to neighbourhoods, enhanced local democracy, community budgets and commissioning combine to create a vision of the future” consistent with its own strategy for IT-enabled local public service reform launched by earlier this year.”

But, it argues, “this liberating, optimistic future is at variance with much of the current commentary about the future of local public services which is based on analysis of the likely impact of actual policies that have been put in place.”

For example, it says, the recent NLGN report, Future Councils, envisages four types of council emerging by 2020:

Clustered – federations of local authorities sharing many services;

Residual – councils that have followed strategic commissioning to its logical conclusion, divesting themselves of all direct service provision;

Commercial – entrepreneurial councils, selling services to other local authorities and the private sector;

Lifestyle – local authorities which establish a particular brand for their area and focus their energies on promoting that brand.

Socitm’s view is that all these models would have a detrimental impact on the ability of local politicians to shape local services in response to local needs in the ways envisaged in the Open Public Services White Paper. None, it argues, would enthuse local government employees with a sense of purpose nor, consequently, commitment to the proposals presented.

It insists that it is not arguing for maintaining the status quo. On the contrary, it says, change is essential if the relationship between the public and public service is to be rebuilt. Reform would be founded upon greater collaboration, redesign and innovation in which local public services organisations continually renew themselves. Local authorities would play a key role by becoming ‘reforming’ councils.

However, Socitm doesn’t appear to be too keen on mutuals and new service providers playing a role. Its response says, “Reforming councils recognise that much of their ability to transform is enabled by developments in information handling and technology deployment. Merely implementing technology is not in itself the change needed. Fundamental changes to processes, organisational structures, job roles and cultures are also required across localities and public service organisations. This will be essential if citizens and neighbourhoods are to be empowered, rather than confronted by a plethora of fragmented and disconnected information systems run by mutuals and other new and existing service providers.”

In the past, Socitm has criticised central government ICT strategies for being too focused on central government and for failing to include local government effectively enough in its thinking.

Socitm says, “Socitm supports the principle of anytime, anywhere, any place availability of public services referenced in section 7.9 of the White Paper.

“The new Government Digital Service (GDS) is presented as the agency that will drive this development. However, the scope of the GDS, as set out in the White Paper, spans central government only; this is at odds with our understanding that the intention of GDS is to cover all public services.

“Four billion of the five billion citizen-government transactions that take place annually are estimated to involve local public services. Consequently, devolution of central government services and their digital delivery will require close integration with local public services if they are to make any sense to the citizen and other service users in localities.

“This issue not mentioned in the White Paper and Socitm is aware of a number of current initiatives supporting distributed service access and digital by default where the centralist, top-down, large scale, standardised, single supplier approach to implementation continues to dominate.

“The hugely important ID authentication and Universal Credit projects fall into this category – local public services have not yet been consulted on these projects despite the extensive experience and know-how they have in establishing service users‟ identities and of taking benefits to the most vulnerable and excluded in our society.”

Why the public sector must stop buying printers

In the first in a series of Campaign4Change guest insights, Tracey Rawling Church, Director of Brand and Reputation at Kyocera Mita UK explains what steps the public sector needs to take to transform its procurement of printers and make its ITTs more cost efficient and low-carbon friendly

To cut its costs and carbon emissions, the public sector should stop buying printers. That may seem a ridiculous statement, coming from an imaging company executive, but actually there’s a serious point here. Most ITTs are written around a notional product – calling for a certain number of machines of a certain specification. And the tender process is quite rigid, so companies invited to tender are forced to propose a solution that fits the criteria in the ITT.

But in many organisations, the number of devices has crept up over time and device to user ratios are unnecessarily high – so replacing machines on a one-for-one basis only perpetuates a system that has become bloated and inefficient.

Sometimes the decision is made to consolidate devices, replacing desktop printers with shared multifunctional devices and an ITT is written on that basis, but to achieve real efficiencies that could reduce costs by typically 30% and carbon by as much as half, a detailed print audit should be undertaken to determine precisely what hardware is needed at which locations to support business processes.

However, even this approach misses the opportunity to obtain a solution that is properly optimised not just at the point of implementation, but into the future.

In the private sector, there is a growing trend towards managed document services, a holistic approach that encompasses every aspect of the printing and imaging needs of an organisation.

A managed document service project begins with a detailed audit of both the machines currently in place and the document flows through and within the organisation. Then a solution is designed that aims to reduce reliance on hard copy by combining document management software with a fleet of machines that have exactly the right functionality to support the document flow.

In most cases, this results in a much smaller number of devices, usually with more extensive functionality than those they replace. A bespoke service contract is crafted that includes remote monitoring of device states, service support to agreed service levels and detailed reporting of device use that can be segmented and analysed in a myriad of ways. And using the business intelligence gained from the reporting suite, the service can be continuously optimised to ensure it remains efficient, accommodating changes in the organisation over time.

For example, the managed document solution provided for insurance giant RSA has reduced paper consumption by 21% in just one year – despite the fact that their product depends on having a printed certificate. And energy consumed by imaging devices has been reduced by 55% with resulting savings in both electricity costs and CRC levies.

As you can imagine, this type of service doesn’t fit easily into a device-centric ITT. So vendors who know they could save cash and carbon through applying a managed document service are forced to respond with a ’round peg, square hole’ solution that is less than ideal, simply because the tender process focuses on products rather than outcomes.

Concerns about carbon emissions and resource scarcity are driving the evolution of innovative business models that overturn conventional norms and challenge the status quo. But unless procurement processes keep pace with these changes, the benefits of this fresh thinking won’t be realised.

To really drive through change, let’s have ITTs written by commercial managers and procurement departments that focus on objectives and targets rather than feeds and speeds. Throw down a challenge to reduce paper consumption by x, cut energy use by y% and drive down costs by z and see what the industry comes up with. I guarantee it will deliver solutions that are more resource efficient, productive and economical.

Events: http://www.kyoceramita.co.uk/index/events.html

MDS in the public sector http://www.kyoceramita.co.uk/index/mds/mds_in_the_public.html
RSA case study
For more information on the full results of the latest independent research into printing attitudes and behaviour,  email Tracey Rawling Church: trc@kyoceramita.co.uk

Investors’ writ against CSC on NHS contracts – more detail

By Tony Collins

The Guardian has published the 123-page writ against CSC by lawyers acting behalf of some of the supplier’s investors. The writ contains many allegations against CSC and named directors. The company’s response is that it is corporate policy not to discuss litigation.

The legal action appears to have been based, in part, on CSC’s poor share price, which is today near a five-year low, and the supplier’s repeated positive statements and assurances on the performance of its NHS IT contracts and its iSoft Lorenzo software

These are some of the claims made in the document:

– Lorenzo was originally designed by iSoft as a one-size-fits-all software for use in local medical practices. “However, the UK healthcare system is highly diverse, ranging from large university hospitals to small private medical practices to prison medical facilities. Thus, according to the Deputy Head of Testing for Lorenzo, Lorenzo was never the correct software for the job. Lorenzo therefore required significant development before it could be deployed throughout the UK’s healthcare system.”

– In September 2008, after years of delays in Lorenzo’s development [CSC] sent a Delivery Assurance Review Team to England to assess the development and testing of Lorenzo. In mid-September, the Testing Review Team met with the Deputy Head of Testing for Lorenzo, a CSC employee from December 2007 until April 2011. The Deputy Head of Testing told the Testing Review Team that the level of testing and test results for Lorenzo was “abysmal,” and that the various releases on which the project was based could not be delivered on time. Subsequently [a CSC employee] told the Deputy Head of Testing to “shut up,” which he took to mean that he should not further criticise the quality of the testing nor the testing results.

– The Deputy Head of Testing claimed that the Lorenzo software was rife with severe defects that were unacceptable under the NHS Contract. The Deputy Head of Testing said that the software defects were subject to the following ratings: Severity Level I: the defect cause important part of the Lorenzo system to fail. Severity Level II: similar to Severity I, but the defect has a workaround. Severity Level III: the defect is an important defect, but one that would not stop the system from functioning. Severity Level IV: defect is a minor defect and would not impact the Lorenzo system’s function, but would be a nuisance to a software user.

– According to the Deputy Head of Testing, throughout 2008 and 2009, the level of Severity I and II defects in every release of Lorenzo was “high and grossly beyond” what the NHS would accept. According to the Deputy Head of Testing, while CSC publicly reported that it had met certain delivery milestones and therefore could recognize revenue, CSC’s statements in this respect were misleading in view of the software defects detailed above.

– CSC said in November 12, 2008, when analysts asked about missed deadlines, that “Our confidence continues to build on the program. We are pleased with our progress.”

–  In financial statements CSC continued to assert that the NHS contract was profitable and the Company expected to recover its investment.

– Shortly before the Deputy Head of Testing retired from CSC in early April 2011, he sent an email directly to a CSC director, copying several other CSC executives, in which he said ‘You hope that you will succeed by August 2011. I do too but you won’t. The project is on a death-march where almost as many defects are being introduced as are being fixed.”

–  by 2006 CSC had determined that it had no believable plan for delivering on the NHS Contract and should not have booked revenue under the contract from that point forward.

– The significance of the NHS Contract to CSC “placed the project squarely in the spotlight of Wall Street analysts”.

–  CSC “continuously denied media reports critical of CSC’s performance of the contract”

CSC is expected to file its response to the allegations in due course.

CSC sued on losses over disastrous NHS contracts – Observer

CSC class action – document in full on Guardian’s website

CSC repays £170m to DH after non-signing of MoU

By Tony Collins

CSC reports today that it has repaid to the Department of Health £170m of a £200m advance it received earlier this year for NHS IT work that was due to be carried out under a memorandum of understanding.

The MoU was not signed as had been expected by 30 September 2011, so CSC has repaid the money.

But the Department of Health has entered into an “extended advance payment agreement” with CSC for £24m.

In a statement dated 3 October 2011 CSC has also disclosed that uncertainty continues over the future of its NPfIT contracts that are worth about £3bn.

It says that it is having a series of meetings with the NHS and Cabinet Office officials over the “next several weeks” and adds that: “there can be no assurance that the MOU [memorandum of understanding] will be approved nor, if it is approved, what final terms will be negotiated and included in the MOU”.

The statement relates to CSC’s negotiations with the Department of Health and the Cabinet Office’s Major Projects Authority over a draft memorandum of understanding that proposes cutting the cost to taxpayers of CSC’s contracts by about £800m but would cut back planned deployments of Lorenzo by nearly two thirds and could nearly double the cost of each remaining deployment. One Cabinet Office official has described the terms of the memorandum of understanding as unacceptable.

CSC says today that “progress is continuing in development and deployment projects under the contract in cooperation with the NHS, although progress has been constrained due to the uncertainty created by the government approval process”.

It adds:

“Humber NHS Foundation Trust has been confirmed as the early adopter for mental health functionality to replace Pennine Care Mental Health Trust, which withdrew as an early adopter in April 2011, and CSC and the NHS are preparing to formally document this replacement under the contract.

“On April 1, 2011, pursuant to the company’s Local Service Provider contract, the NHS made an advance payment to the company of £200m related to the forecasted charges expected by the company during fiscal year 2012.

“The amount of this advance payment contemplated the scope and deployment schedule expected under the MOU and the parties had anticipated that the MOU would be completed and contract amendment negotiations would be underway by September 30, 2011.

“… the advance payment agreement provided the NHS the option to require repayment of the advance payment if the parties were not progressing satisfactorily toward completion of the expected contract amendment by September 30, 2011.

“Because completion of the MOU has been subject to delays in government approvals and, as a result, contract amendment negotiations have not progressed, the NHS required the company to repay approximately £170m of the April 1, 2011 advance payment on September 30, 2011, and the company agreed and made the repayment as requested.

“Also on September 30, 2011, the NHS and the company entered into an extended advance payment agreement providing for an advance payment of approximately £24m to the company in respect of certain forecasted charges for the company’s fiscal year 2012.

“The extended advance payment agreement acknowledges that the company’s Local Service Provider contract, as varied by the parties in 2010, is subject to ongoing discussions between the parties with the intention of entering into a memorandum of understanding setting out the commercial principles for a further set of updated agreements.

“The company intends to discuss the extended advance payment structure and certain fiscal year 2012 deployment charges with the NHS in connection with the MOU negotiations.

“However, there can be no assurance that the parties will enter into the MOU or that the company’s forecasted charges under the contract for the remainder of fiscal year 2012 will not be materially adversely affected as a result of the delay in completing the MOU and the related contract amendment.”

Meanwhile some investors of CSC have taken legal action against the company.

.

Investors sue CSC

By Tony Collins

The Observer reported yesterday that some CSC investors are suing the company, saying it was giving assurances about the “Lorenzo” software when it had been warned that the software project was on a “death march”.

According to the class action complaint, which was brought on behalf of a number of investors led by a major Canadian fund, the Ontario Teachers’ Pension Plan, CSC knew in May 2008, through reports and testing, that Lorenzo was “dysfunctional and undeliverable”.

The complaint cites one member of an internal CSC “delivery assurance review team” which visited the UK and India, where Lorenzo was developed, in early 2008.

He said the team were consistent in the message that CSC could not meet its deadline. “We could not deliver the solution set that we had contracted with the NHS.”

The review team member added that, at the time, “costs were building up on the balance sheet and the project was behind schedule”. The review team knew that the contract was a loser and CSC should have recognised a loss in 2008, according to The Observer, quoting the team member.

Lorenzo’s deputy head of testing told a second delivery review team that test results were “abysmal”. According to court filings, the test official was later told by his boss to “shut up”, which he took to mean he should no longer criticise testing.

Shortly before retiring in April this year, the deputy head of testing emailed CSC chief executive Michael Laphen saying: “The project is on a death march where almost as many defects are being introduced as are being fixed. Look at the defects reports.” Despite these internal concerns, CSC told investors that Lorenzo and CSC’s work for the NHS was on track.

Investors said they dismissed negative media reports on the basis of reassurances from CSC that the NHS work was on track, making significant progres in testing, and receiving positive feedback from the NHS. In response to press coverage, CSC is said to have told investors: “The press speculated wildly and inaccurately on the status of the NHS programme.”

CSC has made no statement.

Lorenzo is the main NPfIT product to be delivered and deployed to NHS trusts by CSC under contracts worth about £3bn. The Cabinet Office and the Department of Health are negotiating with CSC to continue or drop Whitehall’s commitments to CSC Lorenzo deployments.

CSC’s share price today stood at $26.85,  close to a five-year low.

Class action document – Guardian website

Simon Bowers’ article in The Observer