1 Contract and relationship management
1. On the basis of a report by the Comptroller and
Auditor General, we took evidence from the Home Office (the Department)
and its three contractors, G4S, Serco and Clearel, on the provision
of asylum accommodation, following the introduction of the new
COMPASS contracts in March 2012.[1]
2. The Department provides accommodation for asylum
seekers and their families who are assessed as being destitute,
while their cases are being processed. As at April 2013, the Department
provided accommodation for around 23,000 asylum seekers, although
this number can fluctuate in response to world events. The cost
of providing this accommodation in 2011-12 was £150 million.[2]
3. In March 2012 the Department (through the then
UK Border Agency) signed six new contracts for the provision of
asylum accommodation in England, Scotland, Wales and Northern
Ireland for a five-year term with a possible two-year extension.
This saw a shift away from 22 separate contracts, involving a
mix of 13 different suppliers (consisting of private providers,
local authorities and the voluntary sector), to six regional contracts
provided by three larger contractorsG4S, Serco and Clearel.
However this approach is at variance with wider Government effortsto
increase the use of small and medium size enterprise (SMEs) and
to reduce dependency on a handful of larger suppliers.[3]
4. The Department told us that alongside securing
savings through economies of scale and improving the standard
of accommodation,it had sought to transfer risk and responsibilities
to contractors. However, the Department accepted that in seeking
to pass more risks over to contractors, it has created new risks
that could impact poorly on what is a vulnerable group of service
users. In particular, by opting to contract with fewer, larger
contractors,the Department reduced the diversity of provision,
stripped away expertise and now has fewer options availableshould
a contractor fail.[4]
5. The Department told us that it had required contractors
to minimise the disruption to service users as the contracts changed
hands, for example, by ensuring that as few asylum seekers as
possible were moved. About 19,000 asylum seekers and their families
were affected by the transition between contracts, of whom 90%(approximately
17,000 people) stayedin their existing accommodation and about
2,300 had to move to new properties.[5]It
was vital that the Department helped to broker the handover between
outgoing and incoming contractors and with local authorities,
especially given that Serco and G4S had no experience of providing
accommodation for asylum seekers.[6]
However the Department adopted a hands-off approach. For example,
it told us it had not completed a survey on the quality of housing
stock run by outgoing contractors, and it did not provide the
incoming contractors with liaison points with the outgoing contractors
to ease the handover.The Department acknowledged that the imminent
expiry of the previous contracts, called Target contracts, led
to it rushing the mobilisation and transition stages of COMPASS,
which brought about additional challenges to already complex contracts.[7]
6. The incoming contractors told us that when they
bid for these contracts they had intended to inspect the properties
before taking them over from the outgoing providers;however, G4S
and Serco both failed to do this.[8]G4S
acknowledged this was a mistake on their part and that they should
have asked for more time. Serco, however, maintained that this
failure was not wholly its fault, and was due in part to a lack
of access to information on housing quality during the tendering
process. Both contractors stated that they had not had the time
to inspect all properties. They told us that, had they done so,
they would not havetaken on all the properties from the former
providers because the accommodation did not meet minimum standards.
G4S and Serco both had to invest in raising the standards of accommodation
they inherited from the outgoing contractorsG4S claimed
to have spent £1.9 million and Serco £572,000 to renovate
properties before they became fully operational.[9]
7. G4S and Serco both said that had they asked for
more time, that would have delayed the transition and it could
have resulted in many more asylum seekers being moved, which the
Department had been seeking to avoid.[10]
Serco maintained that its failure to inspect the properties it
was taking over was because:of the lack of time available;it did
not have rights of entry to inspect properties; and it did not
have access to the outgoing contractors' exit plans. It rejected
the suggestion that the reason had been the cost of undertaking
the inspections.[11]
While the incoming contractors should have carried out their own
checks as part of their due diligence process, the Departmenthad
notensured that information from the outgoing contractors was
requested and shared with their replacements. The Department told
us that it was looking at how it could improve arrangements when
contracts ended so that in the future outgoing suppliers assisted
with a smooth handover at the end of their contracts.[12]
8. All three contractors told us that assumptions,
on which their bids for the COMPASS contracts were formed, were
based on data provided by the Department at the outset of the
tendering process. The quality of this data has subsequently attracted
much criticism from contractors.[13]
They claimed that the inaccuracies within this data had led to
costly flaws in some of their key assumptions and that this, in
turn, had resulted in some of the difficulties they have subsequently
faced in running the service.[14]Serco
alleged that itsfailure to manage the transition effectively was
due to flawed assumptions based in part on its ownmarket research,
but also based on inaccurate information contained within the
Department's tender documentation.[15]
9. Each new property used to house asylum seekers
must be approved by the relevant local authority, and an example
of inaccurate information related to the ease and speed with which
this would occur. Serco told us that the Department's bid documentation
had stated that it would take 48 hours for a local authority to
give approval. However, Serco said that it had found that in 48%
of cases in 2013 it took local authorities more than 48 hours
to approve, and in those cases it took an average of 11 days.[16]
Clearel, the only current contractor to have worked in this sector
before, told us that in its experience approval from local authorities
was not always provided within 48 hours, and sometimes it could
take much longer. Clearel had therefore not relied on a particular
timescale when preparing its bid.[17]
10. Restrictions apply on where asylum seekers can
be housed, and agreement must be sought from local authorities
up to a defined 'cluster limit' due to social cohesion and resourcing
pressures, such as on school places. This limit is generally defined
as no more than one asylum seeker per 200 residents, although
there is some variation.[18]Contractors
made assumptions about how easy it would be to find accommodation
given the cluster limits applied by local authorities; Serco told
us that it had not realised how difficult it would be to find
suitable properties. During the early months of the contract Serco
did not appear to understand well enough the challenges local
authorities faced in managing the impact of overconcentration
of asylum seekers on social cohesion.[19]G4S
and Sercoalleged that their flawed assumptions and lack of transparency
with data contributed to the delays in them becoming fully operational.[20]The
Department accepted that in the early phase of the contract it
should have shared with contractors its data on the estimated
flow of asylum seekers into the UKinformation that, while
difficult to predict, could have helped contractors better plan
the amount of accommodation they might needand it confirmed
it was now doing so.[21]
11. After signing the contracts in March 2012, the
contractors entered a three month mobilisation period up to May
2012, during which the Department expected the contractors to
establish supply chains and get staff in place.Following the mobilisation
period, the Department planned to have a four month transition
period from June to September 2012, leading to the contracts being
operationally ready in all areas by early October 2012. However,
the Department extended the transition period from September to
December 2012to ensure continuity of service when it became aware
that the original timetable was overly ambitious because of the
poor standards of accommodation, the limited availability of properties,
and problems that suppliers were having establishing their supply
chains.[22]
12. During the extended transition period (June to
December 2012) the Department had not put in place an effective
incentive regime which meant the contractors were under no financial
pressure to become operational on time and deliver the standards
of accommodation required. The Department told us it had not applied
penalties for failing to meet key performance indicators during
those seven months, only invoking penalties post transition (from
January 2013). The Department was unable to explain to us its
reasons for not applying penalties during the transition.[23]
13. Clearel, the only pre-existing contractor, was
the only COMPASS contractor to complete transition on time, becoming
fully operational across both of its new contracts from late September
2012. G4S and Serco both took a further three months to become
fully operational (late December 2012) and acknowledged that the
contract was more complex than they had anticipated at the outset.[24]Despite
the delays, transition to COMPASS was completed before the extensions
the Department had negotiated with the outgoing contractors expired.[25]
1 C&AG's Report, COMPASS contracts for the provision of accommodation for asylum seekers, Session 2013-14, HC 880, 10 January 2014 Back
2
C&AG's Report, paragraphs 1, 1.3 and 1.14 Back
3
Qq105-106,181; C&AG's Report, paragraphs 1.11-1.12 Back
4
Qq105-106, 109-110, 125, 181 Back
5
Q127; C&AG's Report, paragraphs 2.16 and 2.18 Back
6
Qq1-7 Back
7
Qq127, 147, 149, 157-8 Back
8
Qq61, 156;C&AG's Report, paragraph 2.15 Back
9
Qq58, 68 Back
10
Qq36, 69-72 Back
11
Qq59, 68, 69; C&AG's Report, paragraph 2.10 Back
12
Qq147, 169 Back
13
Qq95-96, 101-103 Back
14
C&AG's Report, paragraph 5d Back
15
Qq10-18, 28, 96 Back
16
Qq10, 16-18 Back
17
Q19 Back
18
C&AG's Report, paragraph 1.6 and figures 9 and 10 Back
19
Qq20, 22-26 Back
20
Qq95-96, 101-103 Back
21
Q176 Back
22
Qq159-160;C&AG's Report, paragraph 2.1 Back
23
Qq114-116 Back
24
Qq8, 27, 29, 33;C&AG's Report, paragraphs 2.1 and 2.22 and
figure 5 Back
25
C&AG's Report, paragraph 2.6 Back
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