Select Committee on Public Administration Eleventh Report


1  INTRODUCTION

The third sector

1. The third sector is defined by government as comprising 'non governmental organisations that are value driven and which principally invest their surpluses to further social, environmental and cultural objectives.'[1] This is a deliberately broad term, comprising a wide range of organisations which take different forms and are regulated in quite different ways. These include:

  • around 160,000 charities, which are voluntary (trustee) led organisations constituted to provide public benefits defined in law and regulated by the Charity Commission;
  • other voluntary and community organisations, carrying out grassroots voluntary action, often on too small a scale to register as charities, and too numerous to count;
  • approximately 55,000 social enterprises, which are businesses regulated under company law but which invest surpluses in social, environmental, or cultural objectives; and
  • some 8,000 cooperatives and mutuals.

2. The breadth of the sector presents a real challenge for policymakers looking to design the relationship between the sector, citizens and the State. There may be commonalities of approach and of origin between all third sector organisations, but it can be challenging to find common experience between a multi-million pound social enterprise such as Café Direct and a small community organisation relying entirely on volunteer time. Even within the more narrowly defined voluntary and community sector, the small local charity may struggle to identify with larger national charities typified by an organisation like Barnardo's with an annual income approaching £200 million and over 6000 paid staff.[2]

3. Despite the challenges raised by the sector's diversity, governments have shown increasing interest in the third sector, and in harnessing the important contributions it makes to society. A particular landmark in the developing relationship between government and the sector was the publication in 1996 of the report of the Independent Commission on the Future of the Voluntary Sector in England.[3] Much of the subsequent course of government policy has derived from that blueprint, including the launch of the Compact in 1998, which sought to agree a broad set of principles governing a better relationship between government and the third sector, and the adoption of a single inclusive definition of charity based around the concept of public benefit. Other significant developments have included an increased emphasis within government on promoting the health of the sector, and latterly the appointment of the first dedicated Minister for the Third Sector in 2006.

4. Our interest as a Committee in the Government's policy towards the sector stems from the appointment of a dedicated minister, with the associated creation of the Office of the Third Sector in the Cabinet Office. Although we are not a departmental select committee, we examine the policy, administration and expenditure of the Cabinet Office as part of our wider task of scrutinising the operation of the Civil Service and of the public services it manages. The emergence of the Office of the Third Sector, bringing together responsibilities then held in the Home Office and Department for Trade and Industry, has both crystallised the development of government policy, and encouraged us to engage with that process of policy development. Scrutiny of the Office of the Third Sector, the Charity Commission and the wider relationship between the State and the sector has now become a central part of our role, and we are glad to have established a healthy relationship with key areas of government and representative bodies.

Scope of the inquiry

5. Our previous work on different aspects of public service reform has led us to a particular interest in one aspect of the developing relationship between government and the third sector—the role of the sector in delivering public services. Although there is a long history of both not-for-profit organisations and the State providing services to the public, the last decade has been notable for the increased emphasis on the delivery of public services by third sector organisations—a distinction we explain at paragraph 13. In particular, there has been an emphasis on commissioning services from the sector, as opposed to simply procuring services or providing funding to be used by organisations at their discretion.

6. The Government's push to do this is part of a wider policy agenda of contestability, or opening up markets for public services to new suppliers from the private and third sectors to create public service industries. However, the desire to involve the third sector in service design and delivery also reflects a belief that third sector organisations have distinctive strengths which, harnessed correctly, have the potential to contribute to the "transformation" of service delivery.

7. In this inquiry we set out to scrutinise the desirability and achievability of the Government's vision for third sector involvement in public service delivery. That vision is complex. Its central plank, according to the Office of the Third Sector, is that the sector deserves parity of treatment with other sectors:

At the same time, the Government has argued that Third Sector Organisations (TSOs) bring many distinctive qualities to the table which can provide better outcomes for service users, and that therefore measures should be taken to encourage and enable more TSOs to take on service delivery. We have set out to consider these questions from the perspective of service users and of citizens. Our central question was whether the sector should be involved in service delivery to a greater, similar or lesser extent than it is now—and how the ideal position could be achieved. We address this over the course of the report:

  • Chapter 2 provides a brief background to the current position, looking at the changing relationship over time between government and the third sector;
  • Chapter 3 sets out the Government's vision of the third sector's role in public services delivery—broadly, that it has distinctive qualities which may help "transform" public services;
  • Chapter 4 focuses on one aspect of the Government's vision, by concentrating on the proposed scale of change which is being suggested;
  • Chapter 5 attempts to assess the claim that third sector organisations can and do offer distinctive ways of providing services with better outcomes for service users;
  • Chapter 6 then looks at the barriers which may be preventing the Government from getting the best out of the third sector as a possible provider of services, and asks whether it is ever possible to achieve a level playing field;
  • Chapter 7 sets out some constructive suggestions for improving commissioning; and
  • Chapter 8 concludes our survey by examining some of the risks associated with involving the third sector in service delivery—whether to service users, to the Government, to the sector, or to citizens more widely.

8. This inquiry is the first we have undertaken since taking on responsibility for scrutinising third sector policy. We have benefited enormously from the support of the National Audit Office, itself still finding its feet in this developing policy area. We are particularly grateful to Andrew Denney, whose expertise has been invaluable and who has made a significant time commitment to our inquiry.

9. We are also grateful to all of our witnesses, and all those who submitted written evidence for our consideration. We received more than 50 written responses to our call for evidence, while other organisations were represented at a seminar we held in May 2007. Subsequently we heard oral evidence from:

  • Front line third sector organisations, large and small;
  • Third sector representative bodies, operating nationally and locally;
  • The Office of the Third Sector and some of its sponsored bodies/contractors;
  • Wider stakeholders, including trade unions, the Commissioning Joint Committee and the Confederation of British Industry (CBI); and
  • The Minister for the Cabinet Office and Minister for the Third Sector.

10. We have also been able to draw on earlier work relevant to this inquiry. We and our predecessor Committees have been scrutinising the delivery of public services for some time, most recently in our inquiry Public Services: Putting People First, on which we have produced two reports and will shortly produce a third.[5] Many of the issues around commissioning services from the third sector are familiar to us from an inquiry into Choice, Voice and Public Services in 2004-5, which considered questions around the principle and practice of opening up the delivery of public services beyond public sector providers.[6] However, we have avoided duplicating the work of those past inquiries, and we concentrate on issues specific to the commissioning of services from the third sector.

11. Public service delivery is only one aspect of the wider contribution the third sector makes to society. We have already taken evidence on other third sector-specific subjects such as the Charity Commission's guidance on public benefit and the rules applying to political campaigning by charities, and we intend to maintain an ongoing programme of work relating to the sector.


1   Cabinet Office, The future role of the third sector in social and economic regeneration: final report, July 2007 p.5 Back

2   http://www.barnardos.org.uk/annual_report_and_accounts.pdf Back

3   NCVO, Meeting the Challenge of Change: voluntary action into the 21st century, July 1996 Back

4   Cabinet Office, Partnership in Public Services: an action plan for third sector involvement, December 2006, p 3 Back

5   Fifth Report of Session 2007-08, When Citizens Complain, HC 409, March 2008; Sixth Report of Session 2007-08, User Involvement in Public Services, HC 410, May 2008 Back

6   Fourth Report of Session 2004-05, Choice, Voice and Public Services, HC 49, March 2005 Back


 
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