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How to review agencies and non-departmental public bodies to improve the quality and effectiveness of public services

Contents

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What Makes a Good Review

Key steps flowchart

Ministerial foreword

Executive summary

Part one: Introduction
Introduction
Who this guidance is for
What this guidance is for
How this guidance is structured
Recognising the bigger picture
Delivery mechanisms
Past performance
Improving future performance
Listening to customers, staff and other stakeholders
Partnership working
Joint or parallel reviews
Making better use of technology
Co-terminosity of boundaries
Identifying and spreading good practice
Framework Documents and Management Statements

Part Two: General issues
Introduction
Planning and preparation
Timing of a review
Timing and links with better quality services and public spending reviews
How long should a review take?
How to announce the review
Who should carry out the review?
Involvement of the Agency or NDPB in the review
The role of the Cabinet Office and theTreasury
Role of the devolved administrations
How to announce the results of the review (Stage One and Two)
Superseded guidance
Further information

Part Three: Fact sheets

Fact Sheet 1 Minimum requirements for the reviews of Advisory and Tribunal NDPBs and Boards of Visitors of Penal Establishments
Fact Sheet 2 Assessing different delivery mechanisms
Fact Sheet 3 Assessing how well Government policies have been delivered
Fact Sheet 4 Improving future performance
Fact Sheet 5 Listening to customers, staff and other stakeholders
Fact Sheet 6 Effective partnership working
Fact Sheet 7 Joint and parallel reviews
Fact Sheet 8 Making better use of new technology
Fact Sheet 9 Agency Framework Documents
Fact Sheet 10 Executive NDPB Management Statements
Fact Sheet 11 Better Quality Services Reviews

 

Foreword

From Marjorie Mowlam,  

Agencies and Non-Departmental Public Bodies (NDPBs) are at the heart of our programme to modernise government. They provide key services which are central to the activities of government and affect the lives of all of us.

We want these services to continually improve and to modernise so that those who use them get high quality services which are responsive to their needs. To help achieve this, we must review regularly organisation and performance to make sure we are delivering what people need.

Regular and effective reviews of Agencies and NDPBs are a powerful tool for bringing about change and improvement. They represent an external challenge to whether the approaches of the past remain relevant. With Modernising Government, there is now a growing need to use such reviews to drive forward change and to fit organisations into the bigger picture of what the Government is trying to achieve. Reviews also need to take much greater account of the views of customers and staff if Agencies and NDPBs are to be more responsive to the needs of those who use their services. And they need to be much more forward looking: paving the way for Agencies and NDPBs to improve performance in the future through the opportunities provided by partnership and new technology.

As promised in the Modernising Government White Paper, this new guidance sets out a radical new approach to the way in which we review organisation and performance in order to deliver services that are higher quality, more responsive and better integrated.

I encourage you to make the most of this guidance. It has been written following a period of extensive consultation and reflects the views of those who have carried out reviews and those who have been reviewed. I hope both will find it a practical help as you strive to make the most of the opportunities that these reviews provide for delivering better services.

MARJORIE MOWLAM

Executive summary

1. The Modernising Government White Paper set out the Government’s commitment to achieve better public services that are of higher quality; and are more responsive to meeting the needs of the people who use them. The services and functions provided by Executive Agencies and executive Non Departmental Public Bodies (NDPBs) are at the heart of this programme of continuous improvement. Agencies account for over three quarters of central government’s workforce, and both they and NDPBs are responsible for delivering key services to people: helping people find jobs, paying benefits to those in need, collecting revenues, protecting our environment and heritage.

2. This guidance sets out a radically new approach to the way in which Government Departments should review Agencies and executive NDPBs so that they deliver better services to the public, easily accessible and simple to use. Agency and NDPB reviews are a major component of a programme of continuous improvement based on five principles: challenge; compare; consult; compete; and collaborate.

The Government is using these principles to build on its Best Value approach to local government,  and complement the existing scrutiny of central government carried out by the National Audit Office and by Parliament. These principles are also being acted upon by setting clear targets through Departmental and cross-cutting Public Service Agreements and through the Better Quality Services initiative, reviewing all central government activities and functions to identify the ‘best supplier’.

3. This guidance has three main aims:

(i) to ensure that all Agencies and NDPBs are subject to regular and challenging review, taking into full account the views and needs of their customers, staff and their trade unions, and other stakeholders;

(ii) to ensure that we put in place the right structures for these bodies, so that they deliver the Government’s agenda effectively, and work in an effective and joined-up way; and

(iii) to provide a strong focus on improving their future performance, including the scope for more partnership working, and better use of new technology.

4. Part One of the guidance is designed to give Ministers and Departments an overview on what to look for in reviewing executive Agencies and NDPBs. Part Two provides guidance on general issues which will be relevant to most reviews; and Part Three provides more detailed guidance on specific issues and aspects to look for in the form of fact sheets.

5. The key features of the new approach are as follows:

(i) Regular reviews: Reviews should, as now, take place at least every five years. Where it makes sense, reviews may be brought forward, for instance to fit in with the timing of the public spending review; or be delayed, for example, to allow the results of other work to inform the review. In such cases, prior approval of Cabinet Office and Treasury Ministers is required for Agencies, and for large NDPBs with staff of 100 or more. In addition, it is open to Agencies and NDPBs to fulfil their commitment to Better Quality Services reviews through their quinquennial review. In most cases, where the Agency or NDPB is not too large, quinquennial reviews can be structured to achieve this.

(ii) The bigger picture: Agencies and NDPBs do not exist in isolation from the rest of Government; they contribute to the delivery of wider departmental and governmental objectives. In thinking about how an Agency or NDPB fits into what the Government wants to achieve more widely, the starting point is likely to be the departmental and cross-cutting Public Service Agreements (PSAs) which set out the aims and objectives of each department along with the targets identified in order to achieve them.

(iii) All options should be considered: Agency reviews should consider all options including: abolition, continued Agency or NDPB status, market testing, merger or rationalisation, privatisation and strategic contracting out. Each of the organisational options should be assessed equally on its merits. The new guidance changes the previous assumption that there should be a hierarchical approach, although it is likely to make sense to consider the question of abolition early on in the interests of the efficient handling of the review. The arrangements for NDPBs are different. Reviews will continue to be required to consider first whether the function is required at all, and if it is, whether an NDPB is the best option for its delivery. This reflects the Government’s view that we should seek to reduce the number of NDPBs. In practice, it may sometimes be the case that the best means of delivering services and functions in the future will be a combination of more than one of the options mentioned above. Where appropriate Public Private Partnerships and Joint Ventures should be considered.

(iv) Joined-up Government: The starting point for reviews will remain the single Agency or NDPB. But the new guidance makes clear that there may be occasions when it makes more sense to look at a number of organisations at the same time, either as part of the same review (joint) or using two or more reviews running concurrently (parallel). In addition, each review will consider the scope for closer working between different parts of the public sector (e.g. central and local government) as well as with the private sector.

(v) New focus on future improvements: the guidance makes clear that if Ministers agree that continued Agency or NDPB status is the right organisational structure, the second phase of the review should be forward-looking, providing a much greater emphasis on how services and functions can be provided more effectively in the future, including the use of new technology.

6. The guidance sets out in some detail how reviews are to be carried out. Key points include:

(i) A two-stage approach: in line with the new emphasis on Agencies’ performance, the guidance provides for a two-stage approach for Agencies (NDPB reviews are already undertaken in two stages), under which the organisational options are considered first and then if Agency or NDPB status is confirmed, a forward-looking examination should take place as to how to improve performance. This replaces the previous three-stage approach for Agencies. In practice, there is likely to be some iteration between the two stages.

(ii) Shorter reviews: the scale of a review should be commensurate with the job to be done. Larger Agencies and NDPBs, and those with more complex activities will naturally require more work than smaller and simpler organisations.  In addition, those with an interest must be given sufficient time to contribute. But long running reviews are counter-productive for the staff working in the Agency/NDPB, and delay service improvements. Departments therefore should aim to complete stage one within three months at most (from start to presentation of recommendations to departmental Ministers) and stage two within a further three months (from agreement of conclusions of the first stage).

(iii) User and staff focus: finding out what customers want is a key part of the Modernising Government programme and is vital to achieving the drive for delivering services which provide what customers want. Customers’ views should inform both stages of the reviews. So too should the views of Agency or NDPB staff, including those at the front-line, and their trade unions. Allied to this, Departments should consider including a member of staff from the Agency or NDPB on the review team to aid the review’s understanding of the organisation’s business and the context in which it operates. Departments and Agencies/NDPBs should agree and plan well in advance what information will be needed for the review, and how it will be collected. Information from other sources, for example, existing surveys can be used where it is relevant and sufficiently current. Publicity should be given about reviews in good time to enable all with an interest to contribute.

(iv) External challenge: Departments, rather than Agencies or NDPBs, are responsible for carrying out the review on behalf of their Ministers. This is in the interests of objectivity and as a challenge to internal thinking. Departments must make sure they devote the right type and level of resources to this task. As part of this, it will normally be the case that a reviewer from outside the Department will be involved in at least Stage One of the review and, where appropriate, Stage Two. External representatives on a review’s Steering Group can also be an effective way of providing independent input.

(v) Agency/NDPB involvement: although not responsible for carrying out the review, the Agency or NDPB should be closely involved. Terms of reference for reviews should be made available to staff and their trade unions, and they should be given the opportunity to put their views to those undertaking the review. They should be informed of Ministers’ decisions on the result of the review, and consulted on their implementation.

(vi) Good practice: the regular review process provides an excellent opportunity to help disseminate good practice. There is therefore a requirement on departments to provide the Cabinet Office with a list of key lessons learnt and good practice identified at the end of each review, and to include it in the final review report. This can cover both the conduct of the review and any points relevant to improving the delivery of services. This information will be placed on the Cabinet Office best practice web site.

Conclusion

7. Regular reviews of Agencies and NDPBs provide an opportunity to make a step change in the delivery of central Government services to the public. This guidance is designed to provide a route map towards a fundamental review of their performance over the next five years in order to deliver services that are higher quality, more responsive and better integrated.

Part One - Introduction
Part Two - General issues

 

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