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1. INTRODUCTION
1.1 This proposal for a partnership to involve the
trade unions and front line staff in a debate on how best to deliver
high quality,responsive, accountable and efficient local services
is based on an assessment that radical change is needed to meet
the challenges local government has endured and will face.
It does not seek to change the fundamental roles of policy-makers,
management and operations, nor to replace existing collective
bargaining arrangements.However, it does outline a parallel process
for reducing conflict and working together to protect and develop
jobs and services.
1.2 While concentrating necessarily on the involvement
of those who deliver the services, it also recognises the need
for that debate to involve the users of services (always remembering
that council staff themselves are also service users and council
tax payers). That debate needs to beat council level and also
directly with those who provide the services at the point of delivery.
1.3 It recognises the danger that continued under-resourcing,insensitive
planning, upheaval and conflict risks decreasing public confidence
in local government and therefore public support for the services
it provides.
1.4 It assumes a context whereby it is unlikely that local
authorities will be able to look forward to significant increases
in funding, at least in the short term. That requires everyone
involved with local authorities; councillors, officials, workers,
trade unions, the voluntary sector and the public to:
a) look to short term options that protect in-house jobs and services
until longer term planning can be developed
b) avoid short term "fixes" which undermine longer term
options and which will lead to an irreversible destruction of
local government infrastructure
c) look radically at the longer term protection, organisation
and delivery of services in the future.
1.5 It argues that those who deliver services on a day
to day basis have an indispensable contribution to make in protecting
and developing those services and in making them more efficient
and more responsive to the public. If they are given the opportunity
to make that contribution on a partnership basis they will invest
more in the services, have more trust in management and the council,
will adapt better to change and will come up with radical answers
to long-standing problems.
1.6 The experience elsewhere is that people approach such
an exercise with flexibility and commitment, putting the service
before self interest.But because this has to be based on trust
and a belief that their efforts will have constructive outcomes,
workers need to have up-front guarantees on minimum protection.
Fundamental to this would be a guarantee of no compulsory redundancy.
1.7 It briefly outlines the problems Edinburgh and Lothian
faced over the last 20 years which created a lack of stability
and consistency that caused enormous problems for service delivery.
It recognises that,despite this, the councils have at times taken
imaginative measures to maintain and improve services .
1.8 It contends that stop go' policies, redundancies,
reductions in service standards and a move towards arms length
provision are ineffective and, rather than protecting local government
or making it appear more cost-effective,will inexorably lead to
the reduction of its role, its effectiveness and possibly its
very existence.
1.9 Healthy and imaginative public services, responsive
and integrated infrastructures and the quality of life they bring
have been shown to stimulate the local economy. The undermining
of the role of local government would therefore not just affect
services but the whole local economy.
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2. BACKGROUND
2.1 Since the late 1970s, most councils have had
to face a changing climate from an encouragement to spend and
build infrastructure and services, to more and more measures designed
to curb and reduce spending. Edinburghs predecessor councils
have faced disproportionate attacks on their funding. Both Lothian
Region and Edinburgh District encountered serious crises in the
early 80s resulting from needs and grant calculations, punishment
grant cuts, removal of Housing Support Grant and unrealistic capping,
etc.
2.2 These crises were encountered at a time when the councils
administrations believed that confrontational political action
could alter the situation, ie the government could be taken
on. Initially, there was co-operation between the unions
and the councils towards that end, but as the crises developed
neither of the workforces or councils were prepared to follow
a do or die route.
2.3 In the event, with some adjustments, the cuts effectively
went through. Changes of administration aside, the Labour councils
moved in their political perspective towards a more pragmatic
approach in facing the continued cuts over the next ten or so
years. This involved a range of innovative financial and policy
measures which at times even allowed growth in some services.
2.4 Other direct attacks on the ability of local authorities
to plan and deliver integrated and efficient services included
government housing policy, transport deregulation, local management
of schools, incorporation of FE colleges etc. These were always
designed more to undermine the role of the local authority than
to deliver any benefits to the service user.
2.5 Compulsory Competitive Tendering brought a major body
blow to councils. It was and is unnecessary, wasteful and unsettling.
Most contracts were won in-house, despite councils often being
disadvantaged by regulations that tended to favour private contractors.
This was not without cost and many of the lowest paid staff had
to take reductions in pay and conditions before the implementation
of TUPE. What was clear time after time was that councils could
not be beaten on quality.
2.6 Community care has effectively transferred the blame
for underfunding from the government to councils and has forced
them to cease some of the provision they once made and pushed
more and more provision onto charities, the voluntary sector and
profit-making organisations.
2.7 While the Poll Tax caused major financial problems,
Local Government Reorganisation brought the most recent long term
threat. The hastily outlined plan, the gerrymandering and the
high costs for which councils were not compensated led to another
crisis. On top of this were highly questionable grant settlements
that led to compulsory redundancies for the first time under any
administration, irrespective of political party.
2.8 The election of a Labour Government in 1997 has not
altered the situation dramatically and is unlikely to do so for
some time, if at all. There had been a hope that, even if the
finances were not available, a Labour government would at least
understand the problems of local authorities. Instead, it seems
that policies are being driven by the English experience and little
or no regard is given to the different culture in Scotland and
the higher expectations about public services and the role of
local authorities. (The more recent debate about the Barnett Formula
will also be an issue).
2.9 There are great hopes that a Scottish Parliament will
be far more in tune with this ethos. UNISONs work on the
Constitutional Convention, along with others, ensured that moves
even from within the Labour Party for, effectively, a super-local
authority were sidelined in favour of real devolution and an ethos
of subsidiarity. Labour delivered admirably on this in the White
Paper and subsequently on commencing the consultation exercise
on the relationship between local authorities and a Scottish Parliament.
2.10 Local authorities may be able to look forward to
direct control over more of their income which would help alleviate
the disproportionate effects on council tax from quite minor movements
in expenditure.
2.11 Local authorities may have some optimism that the
squeeze will reduce at the end of the governments two year
commitment to the last governments spending limits. If this
is the case it would further underline the need to address short
term solutions which do not undermine the long term future of
local government.
2.12 However, even within these scenarios, it is unlikely
that local authorities will be able to look forward to significant
increases in funding. That gives a responsibility to everyone
involved; councillors, officials, unions, the voluntary sector
and the public, to look at radical ways to protect jobs and services
in the future.
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3. ATTEMPTS TO DEAL WITH THE PROBLEM
3.1 Initially, the problems of underfunding were dealt
with via unpalatable local taxation rises. Latterly, financial
and structural methods have been used to minimise the areas that
are taken into account in assessing expenditure. This has always
involved cuts in services and jobs, but more recently those cuts
have been drastic and the issue of compulsory redundancies has
arisen.
3.2 Another method of dealing with the crisis has been
to deliver some services at arms length, taking away the need
to maintain a permanent workforce or to make any long term commitment
to the service itself. Some aspects of the voluntary sector can
be seen in this light. More recently, there have been trusts and
a move towards outsourcing and unnecessary voluntary
tendering.
3.3 The City of Edinburgh now appears to be considering
plans that could drastically reduce direct provision of services
or service support - what the previous government referred to
as the enabling council.
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4. THE DANGERS OF 'ARMS LENGTH' PROVISION
4.1 The enabling council concept is the death
knell for the significant social, democratic, economic and politically
protective role that local government has by and large successfully
delivered, especially over the last 18 years.
4.2 The ability to strategically plan, to integrate, to
cross-subsidise and to respond to special needs across a local
authority area were already undermined by the narrow political
drive to move away from two tier local government. This, and the
inherent economy of scale will be further undermined
by a process of arms length provision which would lead inevitably
to compartmentalising resources and probably to wasteful duplication
and competition.
4.3 This loss of economy of scale, with less and less
co-ordination and integration of services, will ironically lead
to the authority being seen as more bureaucratic and more impotent
in its ability to offer a one door service to the
public or make basic decisions regarding service users needs
when more than one arm of the council is involved.
4.4 Political decision making would be hampered and hide-bound
by contracts, service agreements and wasteful internal markets
which have been shown to be so damaging in the NHS.
4.5 Obviously there are a host of complex issues that
could be addressed here. But suffice to say that once the process
gets hold, it would be irreversible. It is difficult to envisage
when local authorities would ever be in a position to bring outsourced,
privatised or trust status services back in-house even if it wanted
to. Very rapidly, the infrastructure that would make that possible,
let alone the finance, would disappear.
4.6 The result will be vastly reduced political influence
for local authorities, both in terms of local issues and national
or European issues. There would likely be a need for fewer councillors
and a growing distancing of local councils from their electorate.
That will undermine what accountability there is and flies directly
in the face of the concept of subsidiarity inherent in the plans
for a Scottish Parliament.
4.7 The effects on the workforce both as individuals and
as a resource for the council and the community would be disastrous.
Short-termism would prevail with a significant reduction in the
pool of experienced staff with the very specific skills needed
for many local government services. The market would begin to
dictate far more than it does now in terms of wages with some
being forced down, but many forced up because of the scarcity
of the skills and the need to compensate for the lack of security.
Most significantly, the element of loyalty, so much under stress
currently, would all but vanish.
4.8 The ability of councils to exert all but minimal influence
over services would be seriously affected, despite quality assurance
measures and contract issues. As has been learned from CCT, once
the entirety of any part of a service is run outwith the council,
the level of council influence is limited by the fact that the
service has to be provided. The experiences elsewhere in the early
days of privatisation highlight the problems when a service is
not being provided and the council is powerless to provide any
alternative.
4.9 The opportunity for sleaze would increase
considerably in a climate where a relatively small number of councillors,
officials and business people would be interdependent on each
other for their influence and income.
4.10 However, it is not enough merely to warn of the dangers
of outsourcing and the enabling council.
Some of the problems of compartmentalisation, communication, cross-billing
etc already exist in terms of artificial divisions between departments
and this needs to be addressed. Such problems can frustrate efficient
use of corporate resources and can create insurmountable bureaucratic
boundaries to making otherwise quite straightforward operational
or strategic decisions. Clearly there are problems regarding budgets,
accountability to committees etc, but many cross departmental
issues could be addressed via the standing Partnership Groups
outlined below.
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5. PRINCIPLES FOR PARTNERSHIP
5.1 Local services should be democratically accountable
and responsive to users through active consumer involvement initiatives
at all levels.
5.2 There is a need to capitalise on staff commitment
to public service. This is often the element that is ignored in
exercises that attempt to update services and the
way they are delivered.
5.3 There is a need to capitalise on the benefits of economy
of scale and use this to act in a more corporate way, integrate
services more, break down internal barriers and develop much more
of a one door approach. The departmental system will still be
essential to deliver and develop services, but opportunities need
to be sought to break down unnecessary divisions at operational
and particularly at planning level.
5.4 Except in exceptional circumstances or where legal
restraints apply, service provision and support functions should
be directly supplied by the council. Attempts should be made to
ensure that the councils services and workforce are protected
as a long term investment that builds skill, experience and the
knowledge to constantly assess and upgrade provision in a planned
and considered way, promoting the continuity that is so essential
for the development of services.
5.5 Best Value should involve staff and unions
in developing strategies that ensure improvement in quality and
cost-effectiveness, but not on a cheapest is best
basis.
5.6 The local authority has a duty to lead in areas like
equality, health & safety and working pay and conditions.
5.7 Some aspects of services will continue to be put out
to tender (as they have always been). This should be work that
cannot efficiently be provided consistently by the authority,
eg one-off projects, projects requiring special skills unavailable
within the council and some seasonal tasks.
5.8 When tendering is considered, wide consultation should
take place first to ensure that the work could not effectively
be carried out within existing resources. Regard also has to be
given to the need to integrate and cross-subsidise resources.
For example, some staff may do different tasks at different times
of the year, perhaps even for different departments or functions.
This is a flexible use of staff resources which avoids the need
to hire and fire on a seasonal basis.
5.9 Where tasks are regularly put out to tender, consideration
should be given as to whether it would be better to provide more
consistency and build a body of skills and knowledge in the council
by using existing staff or employing additional permanent staff.
Training and diversification also needs to be addressed to maintain
a workforce with updated, transferable and relevant skills (see
7 below).
5.10 More attempts should be made to sell
the value of directly provided local services. It is frustrating
for staff to see other local authorities launch new
initiatives which they know have been regular practice in this
authority for some time. It is also frustrating to see private
initiatives promote practice which has been developed by council
staff. In some circumstances these developments have been thwarted
by council cuts or by inflexible decision-making structures at
management and political level.
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6. UNDERVALUING STAFF AND WASTING A
RESOURCE
6.1 The council needs to recognise the frustrations of
staff who are committed to the service they provide and who put
considerable dedication into that task. There is no sympathy amongst
staff for the minority of time-servers and they are
frustrated by systems that seem more and more to tar all staff
with this brush. .
6.2 There is a need to recognise that front-line staff
have to deal with the frustrations of the public and are often
faced with defending the indefensible in terms of lack of resources
or inflexible systems. Opportunities need to be given to staff
collectively via their trade union to influence services and promote
the recognition of good practice in terms of 6.1 and 6.2.
6.3 There is an increasing problem of low morale due to
cuts, feelings of being undervalued, overwork and stress. Morale
is also greatly affected by the issues in 6.1 and 6.2 above.
6.4 More thought needs to be given to staff development
schemes that allow a voice to, and capitalise on the contribution
of workers who are committed to developing and improving services.
This cannot be achieved by crude and mistrusted performance appraisal
schemes, but can be addressed by creating innovative opportunities
and effective consultation and involvement schemes.
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7. TRAINING
7.1 If more flexibility is to be achieved, there will
be a need for more integrated training packages, including more
use of SVQs etc, to address changing ways of working and to equip
staff to take on more varied, interesting and rewarding tasks.
7.2 There are parallels with the diversification that
has been required in areas like the printing industry. Training
needs to address the fact that staff may need new skills, as well
as updated skills, and that they will increasingly need skills
which can transfer across functions.
7.3 Other projects have pointed to the importance of more
interesting jobs and job satisfaction as key elements which compensate
for the upheaval and flexibility required in any radical review
of operations.
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8. DIRECTION
8.1 There is a need for clear political, professional
and managerial direction in planning. There is a developing danger
that a lack of consensus and clarity and an increase in tensions
can lead to chaotic and unresponsive reorganisations.
8.2 There is an increasing belief among staff that politicians
are failing to adequately brief themselves and are lurching from
one flavour of the month to another in directing services.
8.3 There is a need for more dialogue between service
providers and their trade union at multiple levels, service users
and politicians on an ongoing basis.
8.4 There is a need to ensure that staff fully identify
with and own structural changes and changes in focus
or ethos. Without that, any changes can be merely window-dressing.
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9. CONSULTANCY
9.1 Any review of services, functions or structures should
start with the people directly involved at all levels. Too often
their views and ideas on the development of these areas are ignored
or never heard, and recommendations are made by experts
who have no direct knowledge of the practicalities of operating
services or functions in the context of public service.
9.2 There is a place for outside consultants where the
skills, knowledge and in special cases, the independence is not
available within the council. This would only be in rare circumstances.
The recent use of ex-employees as consultants demonstrates that
the skills were available in-house. It has been widely accepted
that where consultants are brought in for organisational reasons,
they generally learn more from councils than they contribute.
9.3 There is a concern amongst those who provide the services
at coal face level that advice from outwith local
government can be misinformed and can attempt to impose private
sector solutions inappropriately to address public sector problems.
There have been additional concerns that some of the solutions
imposed (internally and externally) have been out of date by the
time they are implemented. In this context we refer to organisational
changes implemented within the council at times when such initiatives
are being reviewed and changed elsewhere in light of experience.
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10. VOLUNTARY SECTOR
10.1 There is a crucial role for the voluntary sector
in developing and providing innovative services at local level.
This should be done on a partnership basis with consideration
given to the council taking over proven initiatives, while freeing
up the voluntary sector to develop further new initiatives.
10.2 There is also a role for the voluntary sector in
community and neighbourhood projects where self help and the need
to identify with the organisation as independent of
the council are issues. However, the reality of funding arrangements
has to be recognised as does the reality that complete independence
is unrealistic within current funding arrangements.
10.3 There is a growing danger that the voluntary sector
may be seen as a cheap option alternative to direct
provision. The fact that many voluntary sector workers have moved
from parity with directly employed staff to lesser conditions
adds weight to this view. If such conditions are undermined it
presents a serious risk to the strategy of ensuring services are
delivered by appropriately trained and experienced staff. This
situation cannot be allowed to continue.
10.4 There is a need, already being tackled by the council
in some areas, to provide more professional support and guidance
for management committees with clear expectations about service
delivery, staff conditions and issues of equality and health &
safety.
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11. CONSULTATION & PARTNERSHIP GROUPS
11.1 While recognising that the responsibility for and
the control of effective policy making and strategic and operational
management must remain at the appropriate levels, there should
be widespread consultation with the workforce and the public at
all levels on the direction of council functions and services
and on the delivery of these.
11.2 In terms of the workforce, this should include anonymous
consultation via a structured and time limited suggestions exercise.
11.3 There should be a council-wide Partnership Group
comprising politicians, management, trade unions and agreed nominated
specialists from each participating group to evaluate
and address the purpose, principles, efficiency and delivery of
functions. Practitioners should be involved in this group with
the freedom to challenge and honestly communicate the practical
issues resulting from council policies. This would take the form
of a more highly developed and specialist works council
structure.
11.4 Such a structure should be developed at departmental
level, and where appropriate, at sectional level within departments.
11.5 Systems should be developed to include input from
service users into these groups.
11.6 There should be an organised whistle blowing
structure with a nominated officer in each function with the power
to investigate and report on issues brought to their attention.
11.7 There should be an ability for any participant in
these groups to bring forward suggestions and plans for the development
of services.
11.8 There should be provision for briefing and question
and answer sessions with relevant groups of staff on planning,
budgeting and other service delivery and structural issues.
11.9 These groups should use the existing council resources
to the maximum, ie specialists in the professional task of service
delivery, in finance, in management and information, personnel
etc. They should have the ability to request reports from such
specialisms or to request regular or ad hoc co-option on to any
specific group.
11.10 A voluntary sector forum should be set up comprising
representatives of voluntary sector organisations, trade unions,
management of funding departments, personnel, appropriate community
groups and politicians. This should address issues like planning
and integration of services as well as issues surrounding parity
of conditions.
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12. SUMMARY
12.1 The proposals in this document recognise that the
local authority has had to deal with years of under-funding, uncertainty
and instability and that this is likely to continue at least at
some level, even with a more sympathetic government and the advent
of a Scottish Parliament which is likely to have a greater understanding
of the Scottish ethos of public service.
12.2 There is therefore a need to attempt to radically
review the provision of local services to maintain them as long
term, consistent,directly provided, democratically accountable
and responsive to local needs and wishes.
12.3 This requires flexibility from management, unions
and staff.That will only come from a system that promotes the
trust and full participation of the staff that deliver these services
via their trade unions and needs to capitalise on their skills,
experience and knowledge, otherwise the exercise will be expensive,
wasteful and probably resisted formally or informally.
12.4 The solutions of the past with
reorganisations from the top down, stop and start policies, cuts
and reductions in service which are finance based rather than
properly evaluated, the questionable use of outside consultancies,
wholesale outsourcing and flavour of the month' new thinking
are not appropriate and will lead to the eventual destruction
of effective local democracy.
12.5 The way forward is formal partnership structures
that involve and respect the skills, experience and commitment
of staff, co-ordinated collectively via their trade unions but
ensuring that those actually doing the job have a key involvement.
12.6 There is a need to develop ways of including service
users in such partnerships.
12.7 The development of such a joint approach would make
for a powerful lobby to seek short term breathing space from government
to allow the longer term solutions to be developed.
12.8 This will be achieved by key proposals in this paper,
which include:
Partnership Groups' involving councillors,
management and unions, with nominated practitioners, at corporate,
departmental and sectional level where appropriate, to involve
and seek solutions from the people doing the job.
Systems at the level of these groups and at the
point of delivery for involving and consulting service users.
A training and development package to develop
and diversify skills to make the most efficient use of staff resources,
to build consistency and stability, to make jobs more rewarding
and interesting and to protect jobs and services.
A voluntary sector forum to integrate and support
initiatives and to ensure consistency of conditions.
Protection for staff with a no compulsory redundancy
element to engender an atmosphere of trust and co-operation.
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