Report to GEO and ECHR
LESSONS FROM THE ESTABLISHMENT OF THE EQUALITY
AND HUMAN RIGHTS COMMISSION
SUMMARY
The review was asked to identify lessons for
future NDPB mergers and start ups, from the establishment of the
Equality and Human Rights Commission (EHRC), drawing on the experience
of similar programmes. Issues specified in the terms of reference
were timetable, the early severance scheme, recruitment and secondment
processes, governance and the impact of machinery of government
changes. Communications and culture change were also identified
as common issues for NDPB start ups and mergers.
The programme was successful, in that the transition
took place to the timetable agreed by Ministers. It was high risk
for much of its duration.
The EHRC programme ran for a year before the
appointment of the Chair, 18 months before the Chief Executive
was appointed, itself only six months before the start of the
new organisation. Though it was rephased, and day one expectations
managed down, the delays in appointments and consequent delays
in organisational design and other workstreams made the programme
high risk.
The key lesson echoes one from Ofcom. Incoming
leaders need time to shape the organisation and recruit the right
staff. They should agree a realistic start date.
While delivery built up to 30 March 2008,
change on 1 October 2007 included people, buildings,
IT and other systems. All the legacy bodies wound up one working
day before the EHRC opened.
With hindsight, a staged transition would
have been lower risk
The transition team was technically expert,
but for much of the programme it lacked people with experience
of operating with central Government. Sponsor department resources
were stretched, particularly in the early stages,
Transition teams and sponsor departments
need the right mix of skills.
Pressures on the team led to quick fixes to
bring in people with the necessary skills. This contributed to
low staff morale.
Where possible, timetables should allow for
open recruitment procedures. If full competition is not possible,
reasons and selection criteria should be widely communicated.
Governance of the programme was seen as good
by Office of Government Commerce (OGC) Gateway reviewers in May
2006. It did not adapt well to the appointment of the Chair and
Board. The NAO report on Ofcom also reports lack of clarity in
governance in the period between the appointment of the Chair
and the Chief Executive.
Sponsor departments need help in planning
transition arrangements, in particular any period where a Chair
and some Board members need to co-exist with an executive interim
team.
Machinery of Government changes increased programme
risks.[2]
The second change in July 2007 was particularly difficult,
creating uncertainty and extra work at a period of intense activity.
It put back the negotiation of the Framework Documents, which
had been agreed in draft in May 2007.
Delaying the start date should be considered
as a risk management option if significant change in the external
environment, such as machinery of government changes, impact on
future NDPB set ups.
Stakeholder communication, including with legacy
commissions and their staff, was a challenge. Early good practice
was not maintained throughout the programme.
Communication with stakeholders and culture
change for staff is an important element in successful transition.
The Department for Communities and Local Government
(CLG) was the sponsor from May 2006 to July 2007.
The creation of a Government Equalities Office as
part of the Department for Work and Pensions was announced in
July 2007.
The GEO became a separate department in October 2007.
Accounting Officer responsibility remained with CLG
until the GEO Accounting Officer was appointed in February 2007.
2 The Department for Trade and Industry sponsored the
ECHR transition programme to May 2006. Back
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