Thursday, 6 December 2012

One Barnet: A Spanner in the Works, right at the last moment

Breaking news:

Just rushing off to the Cabinet meeting where our Tory councillors were due to sign off the £750 million deal with Capita - and then look: a spanner in the works. Here it is all explained in this press release by Barnet Alliance:


Pre-Action Letter - Proposed Claim for Judicial Review served on Barnet council.

A Barnet resident, Maria Nash, has instructed lawyers to seek Judicial Review of the One Barnet Programme. A pre-action protocol letter was sent to the Council today, prior to the Cabinet meeting tonight which plans to approve the appointment of Capita plc as preferred bidder for the first of the One Barnet contracts, worth £320 million.


The letter details the grounds on which a Judicial Review will be sought:


1.         Breach of the Council's duty to consult Barnet residents, businesses and community organisations about its plans, the result of which is that it has spent millions of pounds – the Agilisys contract alone has cost over £4m and is likely to rise to £6m – on professional consultants helping it to run the procurement process, but has not once asked local people for their views.


2.         Breach of councillors' duty to the residents in their area, to make sure that their decisions represent the best available value for public money. In order to be sure that they are getting best value out of this or any other contract the Council must compare the costs, benefits and risks of outsourcing with the costs, benefits and risks of retaining services in house but reforming the way they are provided to optimise value. Despite having been urged to do this, and despite the fact that it has been done by other local authorities, like Edinburgh, Barnet has refused to do it.


3.         Breach of the public sector equality duty: the Council must take issues of equality into account when making important decisions which affect people’s lives, like making radical changes in the way Council services are run.  The “equalities impact assessment” done in the One Barnet case was a pure paper exercise, which took no account of the views of people who would be affected by the changes.


4.         Breach of public procurement law, which requires that this contract be awarded to the company submitting the “most economically advantageous tender from the point of view of the public body”, i.e. the provider that gives the “best value for money” , taking into account the council’s responsibilities. Lack of consultation with local people, lack of consideration of equalities and lack of an in-house services comparator means the council cannot state that Capita gives the best value for money.  Such a breach of the public procurement rules leads to cases like West Coast Main Line.


5.         Breach of councillors’ duty to make up their own minds: Individual councillors must by law make up their own minds how to vote after informing themselves on the issues.  They are not allowed blindly to follow the party line.  Councillors have been starved of information and have not had the opportunity to understand the highly complex proposals for the contract, so they cannot legally vote to do anything other than defer a decision so that they can inform themselves and come to a proper view. 

More later ...

Wednesday, 5 December 2012

One Barnet: a briefing on pertinent points, Richard Cornelius style

Two press releases today: the first from John Burgess, the Barnet Unison branch secretary who has worked so hard, and fought so desperately, against the privatisation of council services, and the loss of hundreds of council employees' jobs:

 "On Thursday 6 December Barnet Cabinet Committee will decide on whether to outsource approximately 540 Barnet Council jobs to multinational company Capita.
The Committee will be voting to export local jobs to Banstead, Belfast, Blackburn, Bromley, Carlisle, Darwen, Sheffield, Swindon, Southampton.
UNISON has raised serious concerns about the economic implications about losing local jobs and the knock on impact on local residents and small businesses.
UNISON is also concerned about the deliverability of the financial savings and the implications for council tax and other services.
UNISON has published numerous examples of how these too good to be true’ deals often fail to deliver.
The Council claims to have learnt lessons of other Councils however the reality is very different. At a recent Scrutiny Committee, literally days before the decision to recommend Capita was announced, two Conservative Councillors on the Committee said:

"When the visits were carried out who went on them and what did they learn from them? None of that is contained in here, six pages is desk top research. What members here are looking for are, what have you learnt from meeting up with councils face to face?

Another said:

"In fairness all we have here is a list of visits it doesn't say whether they were for one hour, one day, one week, it doesn't say when they were there, it doesn't say what benefit we got from them, it doesn't say who went, how detailed whether it was one person or a team, it's so sketchy it's absolutely useless, I'm afraid ..."

John Burgess, Branch Secretary said: 

"The Cabinet Committee are going to  rubberstamp this decision which Unison believes is a bad deal for tax payers of Barnet. The Council is gambling on a high risk strategy which has not worked elsewhere. Other councils are bringing services back in house in order to have more control over their spend. In the last month we have learnt from figures published via the Councils website that in total, the bill for One Barnet Advice in October alone was £1,099, 413.22 or £47,800 every single working day. This is political dogma gone mad".
 
Barnet and Camden Assembly member Andrew Dismore has also issued a statement:


He has written to all backbench Conservative councillors in Barnet, asking them to think again about their support for One Barnet:

 “The future of public services in Barnet is in the hands of the backbench Conservative councillors. We know there is considerable disquiet amongst them. They know they have no mandate for this wholesale privatisation. I urge them to have the courage to stand up against this crazy plan, which will cause so much damage."

Ironically, of course, even the former Assembly Member, former Conservative Brian Coleman, has spoken out against the folly of the One Barnet programme. 

Cross party consensus on an issue of such significance is unheard of - but this is unlikely to have any influence on the determination of the Tories political leadership to support One Barnet unto the very end.

After the equivocal performance of Barnet Tory leader Richard Cornelius on Sunday's Politics Show, some of us may have wondered about the future direction of the one billion pound One Barnet programme of outsourcing. 

Ok, the deal with Capita is all sewn up, and will be rubber stamped by our quisling Cabinet members tomorrow night, but Richard was keen to play down the significance of what he was doing. 

Jabbing his finger, rather impotently, in what Mrs Angry's mother would have said was a very rude way, our leader claimed that 'only' back office functions of the council were being outsourced. Things which, he said, no one would notice. Planning? Well, he said, that only might be privatised ... oh, we thought, back here in Broken Barnet, but planning was part of the second outsourcing package, the DRS bundle ... is it true, then, that the Tories were thinking of dumping this part of the One Barnet programme? 

No - no it was not true.

Look at this statement by Cornelius, now being sent to any resident who dares question the wisdom of the massive outsourcing of council services: Mrs Angry's comments in red ...



"Thank you for your e-mail.   I am making the assumption that it is the elements of the One Barnet programme that include outsourcing that you are referring to.

The One Barnet programme is the council’s change programme and goes far beyond a simple outsourcing.  

'A simple outsourcing': that is to say, a one billion programme of privatisation, the biggest ever attempted in the UK ... but oh dear: One Barnet is now a toxic brand, and associated exclusively with delivering profit into the hands of rapacious private sector companies, so we must try to pretend it is something much more wholesome and beneficial.

We are, for instance, bringing recycling in-house to work closely with the existing in-house waste service (at a time when the majority of London authorities have already outsourced waste collection). We are doing this because we believe this will give the residents of Barnet the best possible service. 

We are doing this because we changed our mind at the last minute, in a blind panic over the reaction of back bench councillors and residents to the mass sell off of council services.

Similarly we are working with a local charity  ...

aww ...a charity: look we are caring Conservatives ...

... to support residents by providing help and advice to families with multiple problems.  We believe this low level early intervention can support families with problems before they become families in crisis.  The principle of the programme is to identify and set up the most effective and efficient means of delivering a service to the residents of the borough.  This can take many different forms.  Sometimes this involves the outsourcing of services.  In many situations, it does not.  

Oh - hang on: are you sure ... 'in many situations, it does not'? What? And erm, this approach is government policy, which generally you ignore, unless it suits your own bonkers agenda ...

As part of the programme, we are currently running two major procurement processes.

The first, for the ‘New Support and Customer Services Organisation’ contract (NSCSO), will outsource the following council services:

·                Customer services;
·                Finance;
·                Human Resources;
·                Procurement;
·                Estates;
·                Information Services;
·                Revenue and Benefits; and
·                Corporate Programmes.

The second, for the ‘Development and Regulatory Services’ contract (DRS), will outsource the following council services:

·                Regeneration;
·                Planning;

         Aha: planning ... that's funny, Councill Cornelius, because when you were on the telly on Sunday, you weren't at all sure that planning would be outsourced ... only 'back office functions' and planning only 'might' be outsourced ... hey, Richard, you weren't ... you weren't being deliberately evasive, were you?

·                Building Control;
·                Environmental Health;
·                Land Charges;
·                Management of Hendon Cemetery and Crematorium;
·                Highways; and
·                Trading Standards and Licensing.

The NSCSO contract will be a Strategic Partnership outsourcing contract.  The benefits and risks of this were outlined in an Options Appraisal in March 2011.

The DRS contract is now planned to be outsourced as a Joint Venture,

 Whoah, hold on ... this is news ...the Joint Venture, the decision by senior management, and in which you claimed, not so long ago, to have had absolutely no involvement is now after all going ahead. Well, well.

... of which the Council would be a shareholder.  Previously, we had planned to outsource the DRS contract as a Strategic Partnership.  As we explored the offers from bidders during the procurement process,
  
Whoa again ... 'as we explored the offers from bidders ... we? You mean, as your senior officers cooked up a deal behind the back of elected members, without their knowledge or consent ...

... it became clear that a Joint Venture would provide the Council with more control and potential for increased income, given the nature of the services and the opportunities that we believe are available for growth.  Again, the benefits and risks of all options were outlined in a formal Options Appraisal and Business Case.  
  
WHERE IT SAID JOINT VENTURE WAS EVEN MORE RISKY THAN A STRATEGIC PARTNERSHIP, YOU INSUFFERABLE FOOL. 

And bearing in mind that you refused to allow any independent risk assessments of One Barnet, and withheld the internal risk register from scrutiny until obtained, via the ICO, after ten months of obstruction, this really does suggest that switching blindly at the last minute to Joint Venture is the act of a totally reckless and irresponsible political administration.

I, and my fellow Cabinet Members, have received repeated briefings and information as we took the decision to adopt the Joint Venture approach.

You only found out about the Joint Venture decision already taken, quite outrageously, by unelected senior officers thanks to the revelations of the local blogosphere, and you stated categorically at this point that you knew nothing about it. Any subsequent briefings have occurred since that time, and your reaction has been to roll over and let the senior management team screw you, before they screw us. Do you expect us to thank you?

The One Barnet programme has been subject to an ongoing audit process.  This has included 6 internal audits, and 2 external audits.  The findings of these have been reported to the Audit Committee in line with standard Council procedure.  

Hmm. Some findings may have been reported to the Audit Committee. Have they been acted upon satisfactorily? 

Why was the Risk Register never presented to the Audit Committee?

In addition to this, external reviews of the NSCSO and DRS projects have been undertaken, and their findings acted upon.

Who undertook these reviews? Were they independent bodies, or private consultants?

The NSCSO and DRS projects will mean that external bodies deliver a number of Council services. 

A number? You mean 70% of all council services. That's a very big number, Richard.

The required levels of service delivery (which meet or exceed those currently obtained by the Council) are stipulated in the contracts.  If standards are not met, the Council will (in line with the contract) withhold part of its payment to the service provider.  Ongoing poor service delivery would lead to increasingly severe penalties. 

If you have bothered to read the small, print, Councillor Cornelius, and not relied on the 'briefings' of senior officers and private consultants, you would see that the penalties are capped, and dealing with ongoing poor service delivery will not only lead to severe difficulties for residents, but will be extremely difficult to rectify. See all the other examples around the country, if you need evidence of just how hard this will be.

In extreme cases, this would lead to the Council taking over control of services (at the service provider’s cost) and ultimately being able to terminate the contract.

Erm, no, actually: three assertions which are misleading, Councillor Cornelius. Perhaps you have misunderstood . Those briefings must have been awfully dull, and difficult to follow. 

If the council has to take back control of any services, which is more likely than not, this will cost us a fortune, and present an enormous logistical problem - how will we do this, when we have got rid of the staff and expertise necessary to provide these services? And yes: extreme cases, only - define 'extreme' ...?

At the service provider's cost? In some cases, if there is disagreement over service delivery, we will have to continue paying the provider's expected 'returns' ie profits, even though they no longer provide the service.

Being able to terminate the contract? After protracted legal challenges, unlimited further expense to local tax payers, and a prolonged and very serious impact on the users of these sub standard services - the residents, tax payers  - and voters - of Broken Barnet.

Clearly, strong contract management is required to support such contracts.  To this end, the Council has restructured its senior management, and is recruiting experienced contract managers.  This is not resulting in a net increase in Council staffing costs.

Strong contract management.

Mrs Angry has her head in her hands.

The same senior officers who presided over the almighty cock up of procurement in this borough are still in post. Responsibility goes right to the top - or at least it should in any well run authority. In case you had not twigged this, Mrs Angry is, on balance, not entirely persuaded that Barnet is a well run authority.

Within the new model, complaints will be managed in a more consistent and effective way through the improvements being made to our customer services function.  Residents and members will be able to track the progress of issues online ... 

Online. Yet again a privatised service, like parking payment, delivered in such a way that excludes significant sections of the service users, ie the elderly and disadvantaged who do not have online access.

 ... and the NSCSO partner will be incentivised to deliver against targets (such as the proportion of problems dealt with in a single phone call, and overall customer satisfaction).  

'Incentivised'? How? With a box of maltesers for the telephone operator in Blackburn who answers the most calls for the lowest hourly pay? 

Councillors will be able to oversee and intervene in the management of complaints in exactly the same way as currently but will have more up to date, detailed and relevant information available to them.  They will also be able to hold the service providers to account through Executive and Scrutiny Committees, as they currently do with in-house services.

Oh please. Half of them can't be bothered to open up their emails as it is.
 
They will also be able to hold the service provider to account at dedicated meetings, whose purpose is to review performance and set future objectives.

Why did your own Tory councillors have to have this explained to them as late as last week's scrutiny meeting, and why did they seem so unconvinced by the argument?

As a result of the NSCSO contract, we anticipate that there will be a reduction of 46 posts (all figures are ‘full-time equivalents’ and rounded to the nearest full post) by December 2013 and 176 by March 2023.  203 posts will be relocated outside of the Borough by the end of December 2013.  

You are also playing down the reality of job losses, and the effects this will have on the lives of council employees, and the local economy. Around three hundred members of staff are currently worrying about the loss of their livelihoods. 

It is expected that at the end of December 2013 265 posts will continue to be based within Barnet (147 by March 2023).  As the DRS contract is still being negotiated, I am afraid I am not able to provide equivalent figures.

How very convenient. Why not ask for a briefing on the projected figure for DRS now, so that you are properly informed?
The Council is committed to delivering services to the public using the most effective and efficient means.  In many cases, this is not through private sector provision.  As is discussed above, we recently decided to ‘in source’ some Waste services, as we believe that this is the best option in those specific circumstances.  Outsourcing is not, however, a new departure for the Council.  We have, for example, routinely used the private sector to provide social care services for many years.  Equally, some services used by large numbers of residents (such as our gyms) have been externalised for some time.

Oh yes. Never had any problems with these areas, have we?

 In response to the specific questions you raised about the content of the NSCSO and DRS contracts:

Well I didn't, but you are giving everyone this answer anyway:

·                The NSCSO provider has factored into its costs the need to update computer systems to continue to provide the required level of services over the life of the contract. Where new legislation requires significant change or investment then there are mechanisms for sharing these costs – which the Council would have borne in full if it ran the IT service in-house.

·                The NSCSO provider is committed to a presumption that the costs of change can be accommodated by business as usual activity unless they can demonstrate that the current resources deployed cannot deliver the necessary work.  A detailed change control process then requires the provider to propose a reprioritisation of activity in order that the change can be carried out without any additional cost to the Council.  Finally, if neither of the preceding options delivers an acceptable way forward, the partner can propose a price to enact the change.  However the Council has access to the costing model upon which the original service price was based, and this can be used to make sure that the new price, or cost of change, is not out of line with the build-up of the original price.  There are a range of other measures in the contracts that protect us in these circumstances, such as benchmarking and our ability to audit in detail the costs being charged to the partnership.

What the f*ck does all that mean? Go on, explain it to us, in your own words ...

While I have not read every element of the draft NSCSO and DRS contracts myself ...
  
Why not? We are paying you to take responsibility for this £750 million sell off, are we not?

I am happy to confirm that I have been briefed on their pertinent points regularly during their development by the Council officers and external legal and commercial experts we have employed to develop them. 

Oh God help us: briefings? See above.

Clearly, should Cabinet not approve the signing of the NSCSO and DRS contracts, we would be required to identify alternative savings to ensure that the Council stayed on-budget.
  
Right: you mean like consider the in house option your senior management team wouldn't let you review.

By way of illustrating of the scale of the impact on the Council, the annual savings we will receive from the NSCSO contract equate to the aggregate of our yearly spend on Waste, Refuse, Park and Green Spaces contracts.  Equally, the savings we envisage from DRS would roughly equate to our spend on Recycling.  It is my belief that outsourcing these services, with the concomitant guarantees we will receive to financial savings and service improvements is a preferable option to the ongoing ‘salami slicing’ of in-house services.

If anyone is going to get their salami sliced, Richard, it is most likely to be you. Better borrow a codpiece from Matthew Offord.

When the NSCSO and DRS contracts go live, the role of Councillors will remain substantially unchanged.  Executive committees will continue to make key decisions, while Overview and Scrutiny and Audit committees will hold officers and private-sector service providers to account.  There is no direct link to these projects and members’ allowances.

What a shame: because when this deal falls apart, as it inevitably will, your allowances should be frozen, and you should all be held personally liable, via surcharges, for committing us to this reckless contract with no proper scrutiny by elected members, no process of consultation with residents, and absolutely no mandate for this policy from the electors whom you represent. 

In the guise of a consensual relationship, Councillor Cornelius, you and your friends have forced One Barnet on us, while we were sleeping, and didn't know what you were doing.

Please don't think this is the end of the story, however: we're wide awake now, and fighting back ...  and will continue to do so, until justice is served.

Sunday, 2 December 2012

One Barnet, the One billion pound gamble: it doesn't matter, says Tory leader



Poor Richard Cornelius. 

By day he is a jeweller in Hatton Garden, flogging engagement rings to naive young couples, no doubt the perfect adviser, whispering discreetly to the nervous groom inwardly panicking at the cost of his betrothal, and beguiling the blushing bride to be with a scintillating array of diamonds.

In his other role as Barnet Tory leader, and One Barnet salesman, Cornelius attempts the same obsequious role in persuading the 350,000 residents of Broken Barnet that his £1 billion pound give away to Capita, and possibly one other company, of the profits from our council services is financially prudent, the best choice, the only choice, and not the biggest act of political fraud ever perpetrated on the voters of any local authority.
 
Here he was this morning, on the Politics Show, pink cheeked, a winsome smile at the ready, and keen to explain to the nation why One Barnet is a marvellous idea, offering with his usual unctuous banalities, the assurance that all will be well, that the incessant enfilade of criticisms directed at the concept, organisation and proposed delivery of this mass privatisation amounts to no more than a minor irritation, a few whinging spoilsports determined to wreck a perfectly reasonable strategy.

Tim Donovan's first question wiped the smile off the dear Leader's face, mind you, with a tactless reference to his chum Brian Coleman, and his blasting of the whole One Barnet outsourcing scam, as seen in the film preceding his interview.

Mrs Angry has been aware for some time, of course, that Brian Coleman is, yes - carrying something of a torch for her ... hence the covert glances across a crowded committee table, the jealous blog posts claiming she is in love with David Beckham, and oh dear, Simon Cowell ... the attempts to cover up his real feelings for her by references to old hags, when the girl he loves is up in the gallery, and his shouting at her in desperation in the Town Hall corridor, tormented by the frustrations of unrequited love ... 

Since he has been suspended by the Tory party, Brian has been liberated from all restraint, and is free to express his real opinions, more and more confident in supporting Mrs Angry's views in public. His recent conversion to the campaign against One Barnet is the prime example, and in the Politics Show he repeated her warning that the Tory council's replacement of a 'monolithic' local authority with the even greater monolithic stranglehold of a private company like Capita is clearly idiotic, and dangerous.

When Mrs Angry used the phrase 'monolithic', she was alluding to the original cockeyed 'vision' of Mike Freer's easycouncil 'concept', which was the genesis of One Barnet, (although politically Freer is now trying to distance himself from the awkward problem of the bastard child he left on our doorstep). Freer had admired easyjet's business model, measured against the 'monolithic' traditional model of airlines, claiming the same approach in local government offered more choice and - ha - more transparency to the resident - but clearly he had not thought his brilliant idea through to its logical conclusion.

After a tight smiled attempt at belittling the impact of the toxic £1 billion programme Cornelius is wheeling through the streets of Broken Barnet, telling us that the horrible smell of rotting privatisation is really the overwhelming scent of sweet smelling roses, that this huge project is of minimal importance, only 13% of budget, 'just' back office functions, something that 'doesn't matter', 'small things that people won't notice', the Tory leader today informed us, smugly, that One Barnet was really a jolly good idea because 'it's no fun subsidising bureaucrats'.

Ah, yes: the faceless bureaucracy of democratic local government, one of those touchstones of  the retro-Tory, Daily Mail blinkered obsession which passes for policy here in Broken Barnet. 

Thank God, we will soon be paying instead for the faceless bureaucracy of unaccountable private enterprise.More choice? More transparency? Meh. Maybe not, eh, Mike?

Think of the greater fun to be had, citizens, of subsidising the close attentions of Capita, Agilisys and iMPOWER. Well - in fact, this has already begun.

As Mr Reasonable revealed yesterday here , last month, while we listened to our Tory masters lecture us on the need for austerity, we paid the obscene amount of more than £780,000 to Agilisys/iMPOWER for unknown 'services' as the One Barnet implementation partners, and a staggering £318,000 to Trowers & Hamlin for their work on the project. More than a million pounds in one month to One Barnet consultants: this represents £47,800 of your council tax to these companies, for each working day in October.

Richard Cornelius thinks that no one will notice when 70% of council services are outsourced.

* Here is a list of services transferring from council control, a list which exposes the blatant misinformation now being presented by our panicking Barnet Tories

1.Residential/ Supporting Living/ Day care services for adults with disabilities 
2. Council Housing Services 
3. Parking Service 
4. Legal Services Department 
5. Audit Service – the majority of the service is provided by the consultancy Pricewaterhouse & Cooper 
6. Information Technology 
7. Human Resources & Payroll 
8. Pensions 
9. Health & Safety 
10. Financial Services 
11. Customer Services (Call Centre) which includes Social Care Direct Team based in Adult Social Care. 
12. Estates, 
13. Property Services 
14. ·Revenues & Benefits 
15. Corporate Programmes (Project management)  
16. Procurement 
17. Electoral Registration 
18. Trading Standards & Licensing, 
19. Land Charges, 
20. Planning & Development, 
21. Building Control &Structures, 
22. Environmental Health, 
23. Highways Strategy 
24. Highways Network Management, 
25. Highways Traffic & Development, 
26. Highways Transport & Regeneration, 
27. Strategic Planning & Regeneration, 
28. Hendon Cemetery & Crematoria. 
29. Priority Intervention Team 
30. Music Service 
31. Public Health Service

Small things that no one will notice, of course.


He thinks no one will care when every call to Barnet Council by residents is answered in Blackburn, Lancashire. 

He thinks that planning, one of the hugely important services included as the major feature of the next massive One Barnet giveaway, 'may' be privatised. 

Has he told Capita that this inclusion is not certain, now, in Richard's view, anyway? 

And yes, now Capita has the £750 million bid in the bag, it is clearly going to get the DRS bundle too. £1 billion handed on a plate to one monolithic company, by our Tory council and their senior management team, without permission from a single resident.

In the Politics Show film, the observation was made that what is happening in Barnet is a national story because it has such significance for all other local authorities - and other public sector bodies, including the NHS - throughout the UK. 

One Barnet is, as the programme stated, the ultimate test case.

This is undoubtedly true, as we shall now see. 

In the meanwhile, here is the Politics Show footage: