Friday 13th Legal Services update

The outsourcing saga of Barnet Council Legal Services to Harrow Council continues. The likely date of transfer to Harrow could be early August. The target date was 2 July, but that was before the #Spartacus revolt and plans of the new Harrow Legal Service revealed.

Yesterday staff were informed the new name of the service will reflect the shared service ethos,……?.

There were two issues that are causing concern.

The first is how are the Barnet Council going to overcome the tricky issue of Capita?

Capita currently provide IT services for Harrow Council. Barnet Legal services are currently advising all of the One Barnet projects and using Barnets IT service. They will still have to support the One Barnet projects after they transfer to Harrow, BUT then they will be using IT services provided by Capita.

Capita Group and Capita Symonds are bidding for both outsourcing contracts worth up to £billion pounds.

The staff were told a solution is being worked on…….

The second issue concerns contract monitoring.

UNISON has been concerned about the lack of transparency and requested a copy of the Due diligence which has taken place to support the business case.

UNISON was informed there is no actual Due diligence document. UNISON asked if there was a Due diligence template and was told No.

UNISON asked how the Council was going to ensure the new shared service was going to deliver Value for Money for Barnet residents.

At first UNISON was reminded of the joint strategic board which includes both chief executives). UNISON was already aware of this and asked who would actually monitoring of the contract. Furthermore UNISON asked if the council would monitor outcome or outputs (sorry readers if you now fall asleep).

UNISON was informed that the Council was going to monitor outcomes &outputs and a contract manager would be appointed.

UNISON asked if this was one of the posts in the recent chief executive restructure and was told it was a separate post.

At the Legal services briefing yesterday UNISON asked when this post was being advertised. Staff were informed that they were still working on the details, but they could confirm it was a level four post which makes it a Head of Service post.

UNISON found this strange as the Chief Executives restructure involves all posts level four to level six. The Council has already started assessing staff for the new posts in the Chief Executives restructure and understands some staff have been successful and others not. The Legal Services Contract Monitoring post has not been made available for staff to apply……..more later…

 

One Barnet & Public Sector Comparator

UNISON commissioned a brief which has been passed to all 63 councillors

Local Authorities are obliged by law to “make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness”. This is the duty of best value established by the Local Government Act 1999. Whilst it has been amended over the years it is still a fundamental requirement of local government decision making.  When applied to procurement decisions it can and should be, interpreted as a duty to ensure that preferred delivery arrangements are demonstrably the ones which represent the best use of resources.

To view full briefing click here

 

Report back on 7 July Conference

The Barnet Council Not For Sale Conference was a tremendous success. More new faces were welcomed to an every growing group of residents who are concerned about the One Barnet Programme.

In Part One of the Conference there were three speakers. You can view their Powerpoint presentations below 

Professor Dexter Whitfield ESSU click here

Andy Mudd APSE click here

John Dix local resident click here

Legal Services update………6 July

UNISON Members will know that Legal Service should have been transferred to Harrow Council on Monday 2 July. However there has been a number of serious developments which has resulted in a delay to the transfer. The cause of the delay has been documented before. 

On Thursday 5 July 2012 I attended a special Joint Negotiation Consultation Committee to address the following concerns raised by UNISON in the tripartite meetings

UNISON Submission to JNCC 5 July 2012

UNISON wishes to put on the record their dissatisfaction with the TUPE consultation with regards the transfer of legal Services to the London borough of Harrow. Considering at the outset of this TUPE consultation UNISON had strongly urged lessons be learnt from a recent TUPE transfer with the Parking Service. It is disappointing to report that lessons have not been learnt.

Due Diligence

It has been clear from the little information which has been shared with the trade unions that Barnet staff are at risk of redundancy as a result of the TUPE transfer. Both UNISON branches have made repeated requested for a copy of the Financial Due diligence which has taken place.

UNISON recognises the risk that Legal Services may not be able to deliver a viable business case due to lack of financial information. UNISON notes this risk is reported in the business case submitted to Cabinet Resources Committee on 4 April 2012. In the same report the Council quite rightly had to provide evidence that they had mitigated this risk and does so in section 4.2

“Due diligence has been carried out to understand the costs of the future service, alongside considerations of overheads, set up costs, and pension cost”

UNISON is asking this JNCC to provide a copy of the Due diligence.

Inter Authority Agreement

UNISON has been informed that the above agreement will be shared with the staff and trade unions before it is signed. UNISON is concerned that this document may contain information which will have a material impact on our members terms & conditions. UNISON is seeking confirmation that UNISON and our members will be given sufficient time to read and consult on the information contained therein.

UNISON is asking for period of time to be provided to the Trade Unions in order for meaningful consultation of the Inter Authority Agreement to take place.

Outcome

The Council responded by saying that there was no Due diligence report and that the IAA will be circulated to staff and the Trade Unions, but no date.

 

What next?

The latest delays are now due to ongoing discussions over the content of the Inter Authority Agreement (IAA) which is a legal document between the London Borough of Harrow and London Borough of Barnet. UNISON and staff have been given an assurance that they will see this agreement before it is signed. It is fair to report that staff have mixed feelings about the transfer. Some members just want to get out of Barnet and after what has happened I can fully understand that sentiment. Others are concerned about what happens after transfer as it has already been stated that there are going to be redundancies. Unfortunately both councils are blaming each other about whether sufficient information was transferred to Harrow in order for Harrow to provide meaningful consultation about redundancy proposals with the trade unions.

It is both surprising and disappointing to have to report that for some reason Harrow Council are having a problem agreeing to the re-location protocol imposed by Barnet Council on any future TUPE transfers.

This is the fourth TUPE transfer and the process is getting worse not better, hardly inspiring news for our members in the much bigger outsourcing projects.

 

 

Barnet UNISON Press Release: FOR IMMEDIATE RELEASE: Barnet Council Not for Sale Conference Saturday 7 July 2012.

Barnet UNISON in partnership with Barnet Alliance for Public Services and supported by the TUC are hosting a conference on the mass privatisation of Barnet council services this Saturday 7 July 12- 3 pm at the Greek Cypriot Centre, Britannia Road, North Finchley, London N12 9RU

 

The Council is attempting to become a Commissioning Council whereby it no longer delivers council services. In the last few months Barnet Council has already transferred the following staff and services out of the council to new employers

·         Social Care services for adults with disabilities

·         Housing Needs & Resources

·         Parking services

·         All of the Legal Department * (talks on the transfer of staff to Harrow Council are still ongoing) 

By the end of May 2013 up to 70% of the council workforce will no longer be working for the Council.

The aim of the conference is to provide information about the scale of risk to the council tax payers of Barnet. The conference will be in two parts.

 

Part One speakers include

Professor Dexter Whitfield European Services Strategy Unit (ESSU) recently published a report on the cost and consequences of the Commissioning Council.

 

Andy Mudd from the well-respected local government research body the Association for Public Service Excellence (APSE) published a report warning that over the past few years those at the north London Council involved in the awarding and managing of contracts to private contractors, have often ignored both council guidelines and UK competition law.

 

John Dix resident, one of the infamous Barnet Bloggers recently reported the Council has agreed another £10million be allocated to consultants to deliver the outsourcing One Barnet Programme 

 

The second part of the meeting will include speakers from Aberdeen UNISON, and Edinburgh UNISON. Both of these councils recently decided not to go ahead with outsourcing after taking part in lengthy procurement discussions with a number of private sector contractors. A speaker from Sefton UNISON will talk about why Sefton Council decided to terminate their contract early with Capita Symonds. Capita Symonds is one of the Bidders for one the One Barnet projects.

 

John Burgess, Branch Secretary UNISON said “We are continuing to seek a meeting with councillors in particular the members of the Cabinet Committee regarding our concerns about the One Barnet Programme.  We know from experience that once residents are made aware of One Barnet they are very concerned about the implications. This conference is just one part of a widespread community campaign to bring public scrutiny to the One Barnet experiment.”

 

End

 

Note to Editors

 ·         John Burgess Barnet UNISON on 07738389569 or email: john.burgess@barnetunison.org.uk

1. Barnet Alliance website

http://barnetalliance.org/2012/06/24/barnet-council-not-for-sale-public-conference-saturday-7-july/

 

2. APSE report

http://www.unison.org.uk/acrobat/Procurement_contract_management.pdf

 

3. ESSU report: Cost of Consequences of commissioning

http://www.european-services-strategy.org.uk/news/2012/commissioning-council-plan-exposed/costs-and-consequences-of-a-one-barnet-commissioning-council.pdf

 

4. UNISON branch write to 63 councillors warning of serious gamble with council services

http://www.barnetunison.me.uk/?q=node/911

5. Edinburgh Council dumps privatisation

http://www.unison-edinburgh.org.uk/news/2012/1901.html

6. Aberdeen UNISON wins battle against privatisationhttp://www.unison.org.uk/eastmidlands/news_view.asp?did=7708

 

7. Sefton Council to end £65m technical services contract with Capita Symonds

http://www.liverpooldailypost.co.uk/liverpool-news/regional-news/2011/11/25/sefton-council-to-end-65m-technical-services-contract-with-capita-symonds-92534-29838970/

Update on Barnet & Southgate College Merger

Following the merger of the two former Colleges and the recent completion of the middle management restructuring, the next stage of the merge restructuring is to review all service area structures to bring together the two former structures and respond to the requirements of the new organisation.  The new management team are planning to issue proposals in relation to these structures for consultation during the Autumn Term, this will effect UNISON members.

 

At a recent support staff interest group, UNISON raised some queries regarding how the existing curriculum administrative support is undertaken and acknowledged that the structures in place at the two former Colleges operate differently for the provision of this  services and offered to assist with the audit of the curriculum administration arrangements currently in place to identify the strengths and weaknesses of the current structures and practices, understand the roles currently in place and the requirements for this service going forward. 

 

As a result it has been agreed that UNISON and Organisational Development/HR (OD/HR)  will undertake a curriculum admin audit and feed the finding through to the Executive Leadership Group (ELG) for consideration when reviewing the proposed structures going forward.

 

To undertake this work UNISON and OD/HR will be holding focus group meetings at each site with the different staff groups either currently providing this service or using this service to obtain your input and hear your views.  Curriculum admin staff, compliance team staff, curriculum managers and teaching staff will be invited to attending these focus groups.  In addition 1-1 meetings will also be held with Academic Heads and Managers of Curriculum Admin and Compliance Team. These focus groups will be held on all sites to obtain your feedback to inform the audit and recommendations being put forward for consideration.  The dates the focus groups are on:

 

·         22 June at Grahame Park Campus (9-10.30 = Admin Staff; 10.30–11.45= Curriculum Managers; 12 noon–1pm teaching staff in room GP/ F224)

·         28 June at Wood Street Campus (1pm -2pm = Teaching staff; 2pm-3pm = Curriculum Managers in room WS/BG09)

·         29 June at Wood Street Campus (1-2pm = Admin Staff in room WS/BF03)

·         19 July at Southgate Campus (10.30-11.30 = Admin Staff; 12noon – 1pm= Teaching Staff; 1pm-2.30pm = Curriculum Managers in room SG/Staff Training Room)

 

Please note, whilst this information/report will be useful and will be considered by ELG when preparing the proposals for consultation there will still be a consultation process which will be held during the Autumn Term which will give all staff potentially affected by the service area restructuring and UNISON the opportunity to put forward your/their views, comments and alternative proposals for consideration before final decisions are reached regarding the structures and role responsibilities required for the new structure.

 

Please try to attend one of these sessions as this provides you with an opportunity to voice your views regarding the admin support you require.  If you are unable to attend please send your comment/views by email to curriculum admin review inbox.

 

Branch Secretary writes to all 63 councillors about SouthwestOne disaster and One Barnet

Dear Councillors

 

Please find enclosed copy of latest UNISON report entitled ‘Cost Costs and consequences of a One Barnet Commissioning Council’

 

If you have any questions or concerns with regards the report please do not hesitate to contact me.

 

I want to leave you with the words of Ian Liddell- Grainger Conservative MP for Somerset West and Sedgemoor talking about IBM and the Strategic partnership known as Southwest One. I am copying in the MP for Somerset West and Sedgemoor in case any of you would like to seek further clarification on what he is reporting.

 

“The company has recorded chronic losses in every year of trading and has failed to do what its creators promised – namely save any significant public money. Instead it squandered cash on a computer system that still isn’t working properly and continues to overcharge Somerset County Council and other “partners” for so-called services.

Somerset Council has now caved in to FoI requests and published the bids:

 Supplier / Bid

Total cost over 10 years

BT Standard bid

£220.552M

BT Variant Bid

£248.055M

Capita Standard Bid

£256.671M

Capita Variant Bid

£267.687M

IBM Standard Bid

£253.820M

IBM Variant Bid

£253.820M

“BT came in almost £34 million cheaper than IBM on the standard bid – and very nearly £6 million cheaper on the “variant” bid – the projected cost of the grandiose extras the customer (Alan Jones) fancied. Capita’s approach was to pitch ridiculously high, like a builder who doesn’t really want the work at all. But the fascinating thing about this table of statistics is the IBM tactic. There is no difference whatsoever between their standard and variant bids. In other words IBM seemed to be prepared to keep the price the same whatever nutty bolt-on extras the customer wanted. Jones had asked for an “iconic” HQ for South West One, for example, to be built in Taunton. Needless to say IBM never provided it. They were promising the moon for the same price as an ordinary product.”

You can read his full article here

http://www.liddellgrainger.org.uk/local/THETRUTHABOUTIBM.html

 

Best wishes

John Burgess

Branch Secretary.

Barnet UNISON

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