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Academy for Justice Commissioning
  

Issue 7 Summer Bulletin 2009 

 
 

 

In this edition:-

Felicity Winter
Director of Policy & Communications

Academy launches
new Website

www.academyforjusticecommissioning.org.uk

Less than two years on from
the creation of the Academy
for Justice Commissioning,
we are delighted to introduce
our new website as the latest
step forward to helping our
members learn more about
innovations in public service
commissioning and keep in
touch with Academy
developments.

The Forum, a new feature of
the site, goes live in July and
will provide an invaluable
service for members to seek
advice, air views and
exchange ideas.

In the Events section you will
find details of our monthly
seminar programme –
showcasing the best in public
service commissioning and
providing excellent networking
opportunities.

One of the objectives of the
Academy is to be a gateway to
learning and development for
public service commissioners.
Through a recent study
undertaken by Skills for Justice
and commissioned by the
Academy, we have been a major
influence on further work to
develop a recognised National
Occupational Standard for Public
Service Commissioning. You can
find out more inside and the full
report is available on our new
website.

If you have any comments on
these latest developments, or our
new branding, developed in
conjunction with the website, then please email
Academy@justice.gsi.gov.uk

 “The Academy provides an invaluable opportunity for those
involved in commissioning to come together and share
thoughts and experiences. Such networking opportunities are
rare and the Academy is to be congratulated for this important initiative”.

Alan Cave
Department of Work & Pensions
April 2009

Editorial

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Thank you to our Guest Editor for this issue, Felicity Winter from Skills for Justice

It is a privilege to take on
the editorial role for this
edition of the Academy of
Justice Commissioning
bulletin, a publication which attracts much interest amongst our employees at Skills for
Justice, and amongst our
partners and stakeholders
across Justice.

This edition has a real
‘collaboration and partnership working’ feel to it. These are key priorities for Justice sector employers, and they are probably the areas in which Skills for
Justice gets the most interest and requests for support.

We all recognise that multiagency working is vital to the effective commissioning and
delivery of services, and we
are all only too aware of what can happen when agencies don’t work together. However, it’s easy to forget as we get caught
up in the demands of our own particular roles, our main priorities and targets.
Working together to reduce
rates of re-offending is a one
of our common goals across
the Justice sector, and
innovative partnership

approaches that get results
are always interesting to read.

I’d like to draw your particular attention, of course, to our piece about the Justice System Gender Imbalance. The recent Fawcett Society report argued there was “institutional sexism” in the criminal justice system, with the majority of senior positions still held by men.
No doubt there are different
views about that across the
Justice sector, and in other
organisations, but it’s not an
issue we should try to duck.
Justice sector employers are
working to address issues
around equality, not only in
terms of gender, but around
all aspects of equality and
diversity. At Skills for Justice we are doing our bit to help women aim higher and achieve more through the Women and Work Sector Pathways Initiative, which is proving very popular.

There is plenty of food for
thought in this bulletin, and I
hope you will find it stimulating and useful. Importantly, I hope it
provokes you to stop and
consider the very real need

Felicity Winter
Director of Policy & Communications

for Justice services to continue developing more joined-up, collaborative approaches to their work, and to think about your own practices and what you
might be able to learn from
others. It is this that will
help us all to have a real
impact on the reduction of
crime, and to create safer
communities across the UK.

 

June 2009

Working Together to Reduce Re-offending

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Improving the commissioning
of offender management
services is of longstanding
interest to business. As
corporate citizens and
taxpayers, business want to see re-offending reduced and a criminal justice system that delivers value for money. And as a supplier of innovative
ideas and services to reduce crime and re-offending, business has a role in tackling the problems.

That’s why the CBI will soon
publish a brief focusing on the
role of the new Directors of
Offender Management in
reducing re-offending. It’s also why we recently hosted, with PwC, a workshop bringing
together DOMs and their
commissioning staff with
representatives from private
providers and the third sector, to discuss how to ensure the new structure delivers for all parties.

DOMs face a number of
challenges in their new roles and scarcer resources make local and regional innovation
essential. This will require all
parties to focus on the following
principles:

Commissioning for outcomes

Clarity about the outcomes
DOMs want to achieve is
essential; outcomes must be
based on robust needs analysis and value for money
considerations. By building
understanding and consensus on outcomes in their region with

other agencies, DOMs can also help support integrated front-line service delivery to reduce reoffending.

Getting the right mix of
provision

Conversations with commissioners and providers suggest both sides are not always clear about how and what NOMS is seeking to commission and what services providers could deliver.

Good two way communication

between DOMs and providers will help ensure that new and existing providers deliver high-quality, value for money services.

Getting the right level of
provision

The offender management
system does not control the
number of offenders sentenced by the courts. DOMs meanwhile have responsibility for determining the types and levels of services necessary to achieve
their specified outcomes, within constrained budgets. Working with local providers to determine the best approach to delivering these outcomes will help ensure
an effective market develops and value for money is achieved.

A co-ordinated approach to
reducing re-offending

Half of spending on offenders is by agencies other than the
Ministry of Justice, such as the Offender Learning and Skills Service, primary care trusts and local authorities for housing support. Many of these services

are poorly aligned and do not
meet the wider needs of
offenders. DOMs have an
opportunity to align prison and probation service provision with other services through partnerships and cocommissioning of services.

Ensuring consistency while
encouraging innovation

The NOMS Agency Framework
states DOMs are expected to
‘delegate maximum authority
for commissioning and
partnerships to the local level
consistent with efficient and
effective delivery’. Existing
prison and probation
commissioners could interpret
this as a green light to develop or continue their own local practices, resulting in a wide variation in outcomes. But too much centralisation could stifle innovation. There needs to be local innovation within a clear framework which gives providers certainty that bidding
processes will be broadly
similar regardless of where or
what the service is – thereby
avoiding duplication, delay and unnecessary costs.

Meeting these challenges will
not be easy and it is important that DOMs receive the support they need. Stakeholders and providers must play their part, using their experience of what
has – and hasn’t – worked in
other areas to work with DOMs towards the goal we all share – reducing re-offending in our communities.

Rob Allen
Policy Adviser, home affairs, CBI
June 2009

The Justice System Gender Imbalance

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40 years after the Equal Pay Act, the fact remains that on average a man will earn £369,000 more than a woman across his career. The Justice System is no
exception – in fact, last
month’s Fawcett Society
report went so far as to say
that there was  institutional
sexism” in the criminal
justice system, due to the
fact that the majority of
senior management
positions are still held by
men.

Skills for Justice is working to
redress the balance through an initiative aimed at helping
women in a variety of job roles to improve their career
prospects and earning potential through developing new skills.

The Women & Work: Sector Pathways Initiative project is a response to recommendations
by the Women & Work
Commission's report 'Shaping
a Fairer Future'. It aims to
raise the skills and unlock the
potential of women who want
to move into supervisory,
management and senior
management positions, areas
where women are underrepresented, particularly in the Justice system.

£1/2 million is being made
available for around 600
women to undertake training
in team leading, coaching
and mentoring. For women
already in senior management roles, the project offers support on how to effect a change in HR
systems and structures
through an Executive
Coaching programme.

Alan Woods OBE, Chief
Executive of Skills for
Justice says: “Whilst women make up approximately 44% of the entire Justice Sector
workforce, they make up a
significantly smaller
percentage at management
and senior management
level. The Women and
Work project provides a

great opportunity for women
to learn skills that can help
them to move ahead in their
careers.”

“The project also includes
help for organisations to
explore the role of company
culture and structure on
women’s progression,
supporting organisations to
consider how their company
policies could be a barrier to
women’s success.

“The aim is to help
organisations remove the
glass ceiling that can
prevent women from getting
to the top.”

Speaking at a skills summit
conference last month,
Annette Shepherd, an Area
Manager with security firm
G4S, told delegates that “a
change in management
culture and implementation
of HR policies in G4S has
led to an increase in the
number of women at all
levels, including middle and
senior management.”

Skills for Justice
June 2009

Commissioning NOS

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Earlier this year the Academy
for Justice Commissioning
commissioned Skills for Justice to begin work to develop a NOS (National Occupational Standards) around Commissioning Justice Services. The purpose of the project was to agree a common definition of
commissioning and to develop a Functional Map which will provide a framework for the future development of a Public Services Commissioning
NOS.

Research has been carried
out by Skills for Justice on our
behalf, including holding a
project workshop with
participants from cross
governmental departments,
all involved in Justice
services. Skills for Justice
have now completed the initial phase of the project and have produced a draft functional map of the Commissioning function.

We are now delighted to
announce that as a result of
our scoping study

Government Skills have been
awarded funding from the UK
Commission for Employment
and Skills to develop this work
further, with a view to
completing the development
of this NOS by mid 2010.
A copy of the full report and
Functional Map can be found
on our website

www.academyforjusticeco
mmissioning.org.uk

We will, of course update you
on this important work as it
develops.

Lord Carter of Coles to speak at Academy Event

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We are delighted to
announce that Lord Carter
of Coles will be our Guest
Speaker at the first Seminar
of our Autumn / Winter
Programme on Thursday,
24th September.

Lord Carter, Chair of the
newly formed NHS ooperation
and Competition Panel (CCP) will be discussing the newly
established CCP for  HSfunded
Services and will also give his views on Offender Management today.

More details will follow in
due course.

CPP overview

The CCP seeks to bring together competition, consumer protection and healthcare expertise. It has authority to undertake inquiries into mergers,
conduct, and consider appeals from disputes relating to procurement, and advertising and misleading information.

Lord Carter’s Biography

Lord Carter of Coles, has had a highly successful business
career and has also held a
number of public appointments and advised the government on a wide range of issues.

He has chaired a number of
Government reviews including
The English National Stadium

(Wembley), National Athletics,
Criminal Records Bureau,
Offender Management, Public
Diplomacy, the Procurement
of Legal Aid and Pathology.

In 1985, Lord Carter founded
leading health care provider
Westminster Health Care. He
is now a private investor and
director of public and private
companies.

He was chair of Sport
England from 2002 to 2006,
board member of the London
2012 Olympic bid, Chair of
the Home Office Audit
Committee, Member of HM
Treasury's Productivity Panel
and non-executive member of
the Prisons Board.

Procurement Innovation

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How do you buy a pound of innovation?

Creative services are
notoriously hard to buy, may not be able to be easily quantified, yet by definition can deliver huge benefits. If you are
wanting to procure a crossing, then you hope that the bidders will inform the decision whether a bridge or tunnel is
appropriate. The design contest will often be based upon aesthetics, where value is in the eye of the beholder.

We know that your conditions of tendering allow for innovative bids, but in practice the internal guidance is to look for experience and mitigates against new, and
inevitably risky solutions. So how do you encourage innovation which, inevitably, we are informed comes from SMEs, not from the larger organisations? This is a challenge to which we believe you may be seeking some innovatory thinking and solution?

If we said that the EU Directive on public procurement allows such a solution and that it’s really not being used, then isn’t this something you should investigate and develop?

If this solution would help to
identify and encourage
innovation, lead to more SME
involvement with consequential
benefits, allow faster more
localised delivery and be within the law, then will this help to achieve the government’s policy objectives?

In short, the proposal is that
Dynamic Procurement Systems (DPS) should be developed to achieve the above outcomes. A DPS is a wholly electronic system, where entrants can apply or leave at any time, meet
indicative price and quality
thresholds and conduct
electronic tenders, perhaps using Agile methods. The physical mechanics have been described by OGC, but where is the software?

Most existing eprocurement
systems handle eAuctions or
competitive tenders from PQQ or open stages. They are not set up to manage and  maintain a select list – apart from Frameworks, which can lead to lockout for the
very firms you are trying to
encourage. It’s a classic case of the tail wagging the dog. No wonder the government is
listening to SMEs and in some
areas, introducing Choice and
Competition policies and
decentralisation.

We do recall the days in which eProcurement was deemed to mean transmitting a purchase order by email. Now it’s attached to Enterprise Resource Systems,
Financials and Payment Cards. What about the outcomes?

The differences are subtle but
markets can be opened out for SMEs and particularly in
innovation, care and health
services, creative and marketing, professional services, new media
and even construction and

maintenance. They would be
complementary to existing
frameworks which still have
a term to run.

Where you know a national framework isn’t delivering
value, this would help you to
deliver the missing value,
keep on the right side of the
law and the aggregation
limits.

Indeed, given the benefits,
the question is that why
hasn’t this been explored
already? Perhaps it has and
maybe it challenges some
existing shibboleths? Isn’t
that what innovation does?
We’d welcome some feedback from you the reader on our conclusions and contact details are supplied below.

In providing an innovatory
solution to the innovation
challenge, this paper can
inform your procurement
innovation strategy.

So having provided one
answer to the challenge of
how to buy a pound of
innovation, maybe we’ll see
examples of the inertia and
politics which tend to stifle
innovation. The next
question is how many
pounds of innovation will be
required to put this on the
road?

 

Contact: Doug Forbes,
Director, Barony Consulting Group Ltd
88 Windsor Court, London N14 5HS
020 8886 2462
doug.forbes@baronyconsulting.com

The Collaboration Spectrum

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Defining partnership

Just like team-working,
partnering is about building trust and sharing responsibility. But in partnering, the relationships can be more complex. We’d say that the defining characteristics of a partnership are that all parties:

  • belong to separate organisations
    (although they may be in the same company)
  • don’t actually spend much time together, but have a long-term
    relationship
  • share some risk and reward
  • may have little or no choice but to work together because switching isn’t contractually or politically realistic.


Building a highly effective team is about creating common ground (shared values and ways of working) and closing any gaps.
That degree of almost tribal
proximity just isn’t appropriate for a partnership. Partners have divided loyalties N and they shouldn’t feel guilty about that.


The collaboration spectrum

At Socia, we find it useful to look at partnering relationships as being on a collaboration spectrum. At one end of the spectrum is the traditional team model, and at the other is the simple supplier relationship. Where a partnering relationship fits on the spectrum depends on how much the parties need to collaborate, where their loyalties lie, and how much time they spend together. Partnering is about getting beyond the transactional, but doesn’t mean we live and die together. These days, almost every supplier calls itself a partner and many partnerships call themselves teams.

 
 

What the collaboration spectrum shows is that different types of
partnering arrangements are
appropriate for different sorts of relationship. Our experience is that trying to get a partnership that’s in
the middle of the spectrum to operate as a traditional team wastes resource and often leads to disillusionment.

This is more than a debate about terminology. A lack of clarity about the form of a relationship can severely affect its success. At one end of the spectrum are relationships in which each party depends on the other for its survival. At the other are relationships based on effective transactions.

Acknowledging difference

We’ve been using the collaboration spectrum as a diagnostic tool with our clients to help them improve
how they interact with their partners. Surprisingly, a lot of the problems they face stem from an almost instinctive need to impose the principles of team-building on their partnerships. This leads to
unrealistic expectations, which in turn can lead to break-downs in trust.

We believe that successful
partnering demands that
people:

  • recognise that partners don’t all have the same aims and
    don’t act as if 100% alignment exists
  • don’t try to change partners into their own likeness
  • don’t judge each other
    because of their differences.

A new model

Team-based and contractbased
relationships have their place, but for true partnerships, we need a new model of interaction based on the right Governance, Operations and Behaviours. The collaboration spectrum is a useful way to help identify if partnering is the right approach for your situation.

 

Academy Events

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The Academy For Justice Commissioning
Monthly Evening Seminars

These events are free and open for anyone to attend and provide important context for
our work as commissioners & providers, open up networks of contacts and promote the
role of the Academy amongst participants from other sectors.
Please note that places are limited at these Seminars

To book your place please contact the Academy via email: academy@justice.gsi.gov.uk

 

Autumn / Winter Programme

Thursday, 24 September
Seminar featuring Lord Carter of Coles
Chair of the NHS Competition & Co-Operation Panel (CCP)

Lord Carter has held a number of public appointments and advised the government on a wide range of issues, in addition to a career in business and is the inaugural Chair of the newly established NHS Co-operation and Competition Panel (CCP).

The CCP seeks to bring together competition, consumer protection and healthcare expertise. It has authority to undertake inquiries into mergers, conduct, and consider appeals from disputes relating to procurement, and advertising and misleading information.

Tuesday, 20 October

Seminar featuring

Professor
Christine Harland

Centre for Research in Strategic
Purchasing & Supply, University of Bath

The International Research
Study of Public Procurement

IRSPP is an international
network of leading academics
and senior practitioners in public
procurement across 17 nations.
Formed in 2003, the first phase
was an international exploration.
Building on this we have since
explored international and sector
differences in practice, capacity
and capability difficulties, and the role of public procurement as a policy lever to deliver broader
government objectives - this last
topic is the focus of this seminar

Venue: Central London

Tuesday, 17 November

Seminar featuring

Mark Davison

Public Innovator
The Centre for Public Innovation
(CPI)

The Centre for Public
Innovation
has a reputation for being one of the UK’s most
forward thinking public sector
innovation consultancies.

Mark has been part of CPI since 2003 having previously led services across both the
voluntary and statutory sector. His specialist area is outcome based commissioning training and support to Substance Misuse joint commissioning partnerships,
Crime and Disorder Reduction
Partnerships and Children's
Trusts and others.

Venue: Central London

Wednesday, 16 December

Seminar featuring

Ken Cole

Projects & Practice Director
SPS Consultancy

Ken started a highly successful career in central government which included serving in the Ministry of Defence, Cabinet Office, HM Treasury and the Home Office. He joined the private sector in 1995 working in
the IT and consultancy industry. An acknowledged authority on procurement, efficiency and project management he has recently completed a three year
secondment as Director of the London Centre of Excellence in local government. He is a Fellow
of the Chartered Institute of
Purchasing and Supply (CIPS)

Venue: Central London

Learning & Development Opportunities

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Classified Ads

Outcome Based Specification Writing

A systematic approach to writing outcome based service specifications.

Barony Workshops- “ Does what it says on the box” - Head of Commissioning

In recent tests, the delegates achieved over 120% improvement in
specification writing knowledge as a result of attending this workshop. We
have been running this workshop for over 24 months.

Monthly throughout the year or in your own location.

 

Introduction

The recent Glover report on improving public procurement has recommended that Government should encourage wider use of outcome-based specifications across the public sector, as a means of driving innovation. Therefore there is a need to learn about Outcome Based Specifications and how to write them.

In addition, the movement towards Commissioning and the legal requirement of Part B services to have performance based specifications is increasing workloads. This is as a result of specifications being required for many new types of services. These may include services such as Rehabilitation of Offenders, Drug and Alcohol Services, Cognitive and Rational – Emotional Behaviour Therapy, Probation, Small Unit Accommodation Services. In addition, specifiers will have to take care with the Third Sector and any potential non compliance with the Competition Act.

From surveys of many current exercises, there is a need to improve the levels and standards of outcome based specification writing. After this workshop, delegates will;

  • Understand the need for specifications;
  • Understand how to produce a professional specification;
  • Understand the benefits of sourcing quality suppliers to ensure value for money; and
  • Use practical examples to draft specifications.

This Workshop is designed to improve the delegates’ Specification Writing skills. You will know how
important that skill is in contractual dealings.

So if you are responsible for any of these areas including assurance, Finance, Procurement, HR and IT, then attendance will help to ensure that you are helping to procure quality services.

This is run as a small group of up to 20 delegates in order to do exercises,
enable questions and undertake skills transfer.

Barony Consulting is on London Council’s Personalisation and East Midlands
Consultancy Framework agreements.

To make further enquiries, please contact Doug Forbes on 020 8886 2462
or email doug.forbes@baronyconsulting.com.

This is a free of charge advertising service to our members. If you would like to publicise your forthcoming justice commissioning events on this page please contact The Academy via email: academy@justice.gsi.gov.uk

Please note that these courses are provided by external sources and
The Academy for Justice Commissioning accept no responsibility for the contents of this page

Academy Information

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The Academy for Justice Commissioning was formed in September 2007 to further
develop & enhance the knowledge, skills & relationships that are essential to the
effective commissioning of justice services.

Our aim is to create a centre of excellence for justice commissioning and
thereby having a demonstrable impact on serving the public, protecting the innocent
and improving confidence in our justice system.

Delegate feedback from recent
Academy Seminars

Excellent speaker and interesting
content

The range of commissioning methods/elements that were discussed were very helpful and thought provoking

Relaxed ambiance which encouraged sharing of ideas & expressions of opinions

Excellent networking - the standard of
delegates is always very good and I always meet useful people!

Really good to have something like this organised for sharing across the sectors

 

The Academy Executive Group members are:

Christine Lawrie, Probation Association

David Griffiths, Offender Management System Strategy

John Graham, HMPS

Michelle Jarman-Howe, National Operations Group

Peter Hewitt-Penfold, Legal Services Commission

Patsy Northern, Estates Business Transformation

Richard Heys, Offender Management Strategy Directorate

Stephen Shaljean-Tilley, National School of Government

Trevor Williams, Regional Director of Offender
Management – East of England

 

Contributions and feedback are most welcome.

If you are interested in submitting comments,
relevant information or an article for inclusion in a future edition please contact us at
academy@justice.gsi.gov.uk

Seminars held in 2008/9

What Does Economics add to
Decision Making

The Winners Curse – Structuring
Procurement

Challenging Delivery Models

Lessons Learnt on Regional / Local
Commissioning in Children’s Services

Spotting a Quality Supplier

Developing Community led Approaches to
Designing & Delivering Services

World Class Commissioning to
Improve Health Outcomes

Sharing Commissioning Experiences

Developing Commissioning Skills

Leadership across Public Services

Managing Competition

Third Sector Commissioning: the reality

Three Myths & The Magnificent Seven

DWP Commissioning Strategy

The Future Commissioning System

Lessons from the Ombudsman’s
Investigations

The Challenges of Collaborative Leadership
If you would like a summary of any of these
presentations, please visit our website
www.academyforjusticecommissioning.org.uk

or contact Janet via email:
academy@justice.gsi.gov.uk