Select Committee on Public Administration Fourth Report


6  TOWARDS MORE RESPONSIVE PUBLIC SERVICES

214. We have seen that there are weaknesses in two of the main pillars of the Government's current policy on public service reform. The Government's schemes for provider choice pose a range of practical difficulties which need to be overcome before choice can realise its undoubted potential to improve services, especially in the NHS. The prospects for other, less contentious forms of choice—broadly speaking, what we have described and in many cases commended as "choice from variety"—are good. The success of choice from variety depends on good management and leadership, good professional practice, and some extra resources. But choices of this sort need to be supported by sound methods for disseminating good practice, and success can be threatened, as we noted, wherever professionals are unable or reluctant to communicate properly with users.[162] As for strengthening the 'voice' of the citizen, the Government's policies are, as we have seen, not yet as robust or well-developed as they should be.

Strengthening choice and voice: some examples

215. In this section, we examine some suggestions for making both choice and voice work better for the user of public services. The first group build on schemes that have proved to be useful either in this country or overseas. The second are more radical in their approach.

SUPPORT FOR CHOICE: BUILDING ON SUCCESS

Patient Care Advisers

216. It is clear that some public service users need help both in accessing information and in making choices. In the patient choice pilot schemes, the Government recognised this need and set up a system of Patient Care Advisers. As the Health Minister, Mr Hutton, told the Committee:

217. An evaluation commissioned by the Department of Health of the experience of patients involved in the CHD choice scheme found that: "The Patient Care Advisors played a key role in ensuring that patients had a positive experience of the scheme. They were an important point of contact and support and their role in smoothing patients' path through surgery was greatly appreciated".[164] Those carrying out the evaluation went on to recommend that "Every patient offered Choice should be supported through the process by a PCA [Patient Care Adviser]".[165]

218. Yet it seems that the Government has failed to learn the instructive lessons of the pilot schemes which have used patient care advisers. When asked what support would be provided for patients to help guide them through the new national patient choice scheme, Ministers have seen the issue as one for local decision. Mr Hutton, the Health Minister, said in February 2005 that "It is the responsibility of PCTs to provide or arrange targeted support for patients to help them make their choice of hospital".[166] It appears that no earmarked extra funding will be provided from the Department of Health for any patient support. We are disappointed at this apparent failure to build support for patient choice into the new system. In particular, this lack of central guidance and action puts even more pressure on the GPs and others who, as we have seen, are not well-prepared to guide their patients through the choices they face.

219. Patient care advisers have been crucial to the success of the pilot schemes for patient choice. It is clear to us that something similar, and indeed something rather more ambitious, would be of considerable benefit to those patients who are now offered the wider choice of hospital for elective surgery, and in particular those patients who are especially vulnerable and find the NHS system difficult to navigate. We are disappointed that the Government has not yet acted to ensure that adequate support and advice will be available. The Department of Health, working closely and consulting fully with local NHS bodies, should give urgent consideration to encouraging the provision of adequate support, through patient care advisers or other means, to make sure that some patients will not be disadvantaged by the introduction of NHS patient choice.

The need for more Expert Patients

220. We saw above (paragraphs 31-32) that the Expert Patients Programme gave those with long-term illnesses a chance to play a fuller role in their care and to share their experiences with others. As we noted, this offers an opportunity for patients to equip themselves with the information needed to work with clinicians in the management of their conditions.

221. The BMA responded with some enthusiasm to the introduction of EPP, saying that:

    "This is a positive example of patients learning to manage their condition better, increasing confidence and enhancing their expression of preferences, and has the potential to combine the ethos of both active citizenship and customer oriented focus. The BMA supports the aim of this initiative and will follow its evaluation with great interest".[167]

222. An evaluation has concluded that EPP "was an effective and innovative means of managing chronic illness", having the potential to "manage chronic conditions more effectively and engage hard to reach groups".[168]

223. Yet the evaluation also says that "in most PCTs it was proving a challenge to introduce and establish EPP in the local health community and gain acceptance of it as a policy priority". PCTs "felt EPP was a low priority and of marginal relevance to their core business". Recruitment of patients has been slow and enthusiasm and recognition among professionals and GPs are limited. Damningly, the evaluation says that "professionals were viewed as non-receptive to the idea of user-led initiatives and EPP was considered a 'priority' which could easily be ignored". The few thousand patients involved represent only a tiny fraction of the many millions who suffer from long-term conditions.

224. The story of EPP neatly encapsulates the unbalanced nature of the current debate on choice in public services. The EPP scheme is aimed at some of the most frequent and least healthy users of the NHS, and it is intended to improve their quality of life by equipping them with the skills they need to make informed choices about how their conditions are managed. Yet professionals do not feel that this 'user-led' programme is a priority. The resources of clinicians and managers are, it appears, focussed more on other issues, including the introduction of provider choice in elective surgery. Our perception is that much more could be done, by Ministers, professionals and managers, to make a success of EPP.

225. The Government should urgently examine the scope for an expansion of the Expert Patients Programme. EPP is an important and innovative way in which patients can equip themselves with the information and expertise needed to strengthen their hand in the era of choice. It needs to be promoted by the Government with much greater vigour and commitment.

Improving school choice through lotteries

226. We noted above (paragraph 87) that the location of a child's home often effectively restricted his or her choice of school. Philip Collins saw one way to correct this imbalance: "The only way you can sort that out is for the whole area to be the catchment area and, if one school is over-subscribed, the only fair mechanism for sorting people out is a lottery".[169]

227. Lotteries are in use by a small number of schools in England. Stephen Twigg MP, Schools Minister, told us of one example, the Lewisham Academy in London which he described as a "struggling school", where 50% of its places on over-subscription are allocated by lottery within a wide catchment area.[170] The Chief Schools Adjudicator, Dr Hunter, told us that he had recently approved a lottery for places at a school in Brighton, and that there was "nothing to stop a school using a lottery if that is what it wants to do".[171] However, whilst good schools can exercise selection through catchment area, no real incentive exists for schools to hold lotteries. It is currently a matter for schools admissions authorities themselves to set admissions procedures which are in line with government guidelines on objectivity and fairness. The experience of school lotteries in the USA suggest that there should be further exploration by the Government of the use of that method of allocating places in this country.

Progressive school vouchers

228. Professor Brighouse, who told us that choice based systems can be designed to combat cream-skimming and promote equity, favoured the option of progressive school vouchers. For schools admissions he proposed "a progressive voucher-like mechanism, providing much higher per-pupil funding for high-need children, regardless of the school they attend would help to level the playing field". He went on to support a system where "low-income children should receive 300% of the regular per-pupil funding, at least in metropolitan areas".[172] This system would be similar to that used in Milwaukee in the United States. It would make the more difficult service users more attractive to providers, changing the basis of school selection. The Government has indicated that all schools should be prepared to accept a proportion of challenging children.[173] It has not, however, yet fully resolved the issue of how to make that happen in practice. Despite proposing the extension of choice schemes, the Government memorandum explains that "the policy challenge is to identify which of these options is likely to be most effective and consistent with other government policies".[174] We believe that progressive vouchers should be given serious consideration as one way of combining choice with equity.

ENTITLED TO CHOICE, ENTITLED TO HIGH STANDARDS

229. While there is merit in using such methods to mitigate the ill effects which might follow from an extension of provider choice, there are also other, more radical ways to use choice to increase equity and to support a range of other goals of public service.

230. An important underpinning to the notion of choice in public services is the principle that service users not only have a right to choose the sort of service they want, but also a right to expect at least a guaranteed minimum standard of service when they make that choice. A choice between several poor schools or hospitals would, of course, be no real choice at all. Choice and rights need to go together.

231. The idea that citizens should be entitled to certain minimum standards in the provision of public services and to have the means to hold service providers or public bodies to account for this has been long in development. The Parliamentary Commissioner Act 1967 first introduced the concept of maladministration and redress with regard to public bodies. The Citizen's Charter represented a further refinement of the idea that users of public services should not be mere recipients but should enjoy legitimate expectations about the quality and efficiency of those services.

232. The introduction of Public Service Agreements in Whitehall with their targets and associated investment were themselves accompanied by the unheralded service delivery agreements (SDAs) of lower level, more output specific targets. However, developing ideas about entitlements to quality services give rise to two issues: how to measure that performance and what to do if there is a failure to meet it?

Building on the Citizen's Charter?

233. The Citizen's Charter lost public respect because it was seen as being too confused in its objectives. However the basic idea, that public services should operate at a minimum standard of performance, whatever the provider, is one that has survived and, to an extent, prospered. Its current incarnation, the Charter Mark, is "the government's national standard for customer service for organisations delivering public services, independently and rigorously evaluated and assessed".[175] The Charter Mark is both a standard setting mechanism and also an assessment tool with external, independent certification. It is widely applied with over 2,000 organisations and public bodies operating to it. To obtain a Charter Mark organisations are expected to meet six criteria:

  • set standards and perform well;
  • actively engage with your customers, partners and staff;
  • be fair and accessible to everyone and promote choice;
  • continuously develop and improve;
  • use your resources effectively and imaginatively; and
  • contribute to improving opportunities and quality of life in the communities you serve.

Creating entitlements to good quality public services

234. Writing about the work of Public Service Users Forum, Ed Mayo, Chief Executive of the National Consumer Council, identified five best approaches to giving service users rights:

  • giving clear guarantees on service quality and availability. The right to a poor service, after all is not a good right;
  • not being necessarily legal rights, but are capable of being enforced;
  • providing for redress if things go wrong which adequately compensates the user and gives the organisation an incentive to live up to the performance promise;
  • being well-publicised and shaped and improved by the individual and collective voice of users; and
  • connecting the promotion of rights with the uptake of responsibilities. [176]



235. The introduction of Public Service Agreements (PSAs) after 1997 was a product of a different culture from that of the Citizen's Charter. PSAs have been centrally-set frameworks of targets which aim to ensure that the large investment in public services secure the desired policy outcomes. However, because of this, they sought to impose a discipline and accountability on the provider rather than enhancing the power and control which can be exercised by the user. The effect on users and citizens was at best indirect, and in some ways PSAs have undermined the good work of the Citizen's Charter by focusing attention again on to the demands of the centre and away from the needs of the user.

236. If the Government's legitimate wish to ensure that its expenditure is matched by improvements in public services is to be reconciled with users' expectations about the level of service they can expect, marrying the two approaches becomes necessary. Together they can create entitlements to good quality public services which yield beneficial outcomes.

237. The Government's choice agenda strengthens some of these connections. The Department of Health's PSA target of substantially reducing mortality rates by 2010 (in the case of heart disease and stroke and related diseases by at least 40% in people under 75, with at least a 40% reduction in the inequalities gap between the fifth of areas with the worst health and deprivation indicators and the population as a whole) is supported by the cardiac patient choice initiative which provides the choice of faster treatment at another hospital to patients who have waited over six months for heart surgery.

238. Until the Spending Review 2004, there was some attempt to achieve this by parallel sets of SDAs. The Treasury, in line with our report on Targets, sought to reduce and focus its target-setting process. The 2003 Pre-Budget Report announced the abolition of SDAs. In the Spending Review 2002, these SDAs comprised over 500 subsidiary targets focused on the process of delivery rather than outcomes. The Treasury contend that, removing the requirement for departments to set and agree SDAs, provides more scope for departments to devolve decision-making and maximise local flexibility to deliver.

PUBLIC SERVICE GUARANTEES

239. However, consideration should be given to the case for a new form of service delivery agreement which can become the means to deliver public service 'guarantees' or entitlements within the framework of spending plans. These guarantees would take a variety of forms to reflect the diversity of service provision. Some models already exist. The NHS patient choice pilots were built on a platform of rights to treatment within a specified period. We have discussed the Charter Mark. Ed Mayo also noted the development of community service agreements which offer community groups rights to funding if they can demonstrate success in reducing crime rates though preventive actions. Home/School Agreements have been in place for some years now. They encompass both the rights of parents and pupils should enjoy as part of their school life as well as the obligation they are expected to meet.

240. The latest model was brought forward in February 2005 by the Deputy Prime Minister. These are the neighbourhood charters which he announced as part of his proposals for a stronger local voice. They combine 'choice' and 'voice' by giving people the right to demand that services reach the standard they require.[177] Consideration might also be given to the scope for using guarantee more radically to inspire progress in services where the Government—along with many users—identifies a particular need for improvement. For those living in areas where there are severe and long-term shortages of NHS dentists, for example, some form of financial redress, perhaps through the tax system, might be considered if improvement targets are not met. Similarly, if schools are unable to offer adequate special needs provision for those with specific learning difficulties there should be a right to access to alternative providers.

241. There are also a number of possible international models. School choice in the USA has recently been extended by the No Child Left Behind Act 2001 which initiated a new federal approach to education in the United States. The Act requires each state to define the minimum levels of improvement for schools. If a school which receives federal funds to improve the academic achievement of low income families fails to improve they are subject to an action plan and timetable set out by the legislation. After two years without making adequate progress the pupils are offered the option of transferring to another public school in the district that has not been identified as needing improvement. The school will also have to develop a plan to turn the school around. If the school does not make adequate progress for three years, the district must also offer students from low-income families supplemental education services, such as tutoring or remedial classes, from a state-approved supplier. In the fifth year the school must initiate plans for restructuring itself.

242. With all these models available, it should be possible to devise a developing set of Public Service Guarantees (PSGs) which may apply either nationally or locally and which would be pledges of services being provided to a minimum standard. They would:

  • support policy outcomes;
  • be precise as to the level of service to be expected (e.g. an operation in six months, or a passport in six weeks);
  • have a clear statement that the service could be delivered by a provider of the user's choice; and
  • clear arrangements for redress in the event of failure.

243. Public service guarantees would be a radical development, but one that would focus public services firmly on the user. If they were devised and applied locally, they would also support the development of a stronger and more credible voice, raising the profile and enhancing the credibility of local representative bodies.

Monitoring performance

244. If there are to be public service guarantees, the standards on which they are based need to be robust, and the level of performance against them widely agreed. Monitoring of the highest quality will be necessary if the guarantees are to be effective. Indeed, one of the strongest objections we heard on our visit to the USA of the federal No Child Left Behind programme was that standards and the rigour of their application varied considerably from state to state. This made it difficult to claim that children were being treated equitably. Some schools which would be assessed as failing in one state would be judged to be working efficiently in another. Children would therefore benefit from the guaranteed choice available through No Child Left Behind in one state, while equally deserving children in another state would be turned down. Giving evidence to us the Ombudsman agreed with the idea of performance standards:

245. She considered that one possibility to ensure compliance was to have a "strategic alliance" of the various bodies that have these sorts of roles [monitoring] in relation to government and public service providers can join up in assisting with the monitoring as well".[179] The Audit Commission has been operating its Comprehensive Performance Assessments for local authorities, and it is growing in reputation. The increasing importance of such technical quality assessments, even in the inevitably political field of local government, was acknowledged with refreshing candour by the Minister, Mr Raynsford, in his evidence to us:

    "It is an interesting and difficult question for anyone who stands on a party ticket, but let me just say that I do not think local government has been well served in the past by a tendency to vote the party ticket irrespective of performance. It has been particularly depressing for councillors who have run their council well to find that they have been voted out of office because their party has been unpopular at a national level. I think it is right that people should be able to differentiate more, and processes like the comprehensive performance assessment do give information that enable the public to differentiate more".[180]

246. If public service guarantees are to be credible, they will need to be monitored by a range of bodies which would co-operate to ensure that compliance with performance standards is measured accurately, and that their recommendations for improvement have authority. We are attracted by the idea of a "strategic alliance" of such bodies, which would include the PCA, NAO, the Audit Commission, OFSTED, the Healthcare Commission and others. This would develop common principles and share best practice to inform the work of all the inspecting bodies. The general issue of coherent performance monitoring, across all public services, and the most appropriate organisational arrangements to service this, is one to which the Committee will return.

247. The Government is right to want to give the user more control over public services, whether through choice mechanisms of different kinds or through new forms of voice. However, it is important that choice and voice are seen as complements, not alternatives, and that the design features of both are consistent with key public service principles. There is much scope for innovation and learning in relation to both choice and voice, just as there is ample scope for rhetoric and confusion. In this report we have tried to encourage the former and avoid the latter, as the route to genuine public service reform.


162   See paras 96-98 above Back

163   Q 391 Back

164   Picker Institute Europe (2003) Back

165   Ibid. Back

166   HC Deb, 2 February 2005, col 995W Back

167   CVP 18, para 18 Back

168   National Primary Care Research and Development Centre, National Evaluation of the Expert Patients Programme: Assessing the Process of Embedding EPP in the NHS: Preliminary Survey of PCT Pilot Sites, January 2004  Back

169   Q 15 Back

170   Q 490 Back

171   Q 211 Back

172   CVP 23 Back

173   DfES, Press Release, 18 November 2004 Back

174   CVP 24, para 3.5.15 Back

175   Cabinet Office, Charter Mark Standards, April 2004 Back

176   Ed Mayo, Public, February 2005 Back

177   See para 43 above Back

178   HC (2004-05) 50-i, Q 33 Back

179   Ibid. Back

180   Q 481 Back


 
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