The rise of the shadow state: What can we do about it?

If the money doesn't go to giants like Serco and G4S, where can it go? Alan White explores the ability of social enterprises to commission services instead.

Yesterday I catalogued the problems with the way Government outsourcing is conducted: the placing of profits before people, the siphoning away of money intended for communities that need it, the unaccountability; the rewards for failure.

Peter Holbrook, CEO of Social Enterprise UK says: “The Government has to act as more than a legislator. It can shape markets and it doesn’t do so. These markets have to be part of the solution. It’s not left wing to call for more transparency and accountability. There seems to be a contradiction - everyone knows localism makes sense, but as soon as various parts of local and national Government are given the chance to commission, they buy in bulk.”

The question is what we’re going to do about it. And the first question is obvious - if we don’t give the money to the giants like Serco and G4S, to whom can it go?

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The Paddington Development Trust (PDT) is what’s known as a social enterprise. What’s a social enterprise? There’s no legal basis for such a thing, so it can take many forms: it could be a charity, or a limited or commercial company, for example. This masks the fact the central idea is quite simple: the profits do not go to shareholders, instead being reinvested in the “social mission” the company is carrying out. A PLC is legally required to maximise shareholder value, while a social enterprise, of which there are 68,000, acts like a company but instead tries to maximise its social value. Well-known examples are things like the Big Issue and Jamie Oliver’s Fifteen.

The PDT was founded in 1997, one of the first community-owned social enterprises in the country. On paper, its goals perhaps sound wishy-washy and vague: to “increase social, cultural and economic opportunities by forming strong partnerships across the community and public sectors.” The projects it has delivered have been anything but.

The money the PDT receives is focussed on a specific local area: north Westminster - and is then broken down between even smaller areas. I first came across it in the process of researching a local housing estate. The community forum whose incredible actions ended up forming the core of the resulting long form piece I wrote is a PDT offshoot.

Its chief executive, the admirably straight-talking Neil Johnston, tells me more: “When the residents set up the PDT, the area of north Westminster was a colossal failure. You could see it through so many indices: housing, unemployment, mortality rates.” In 1998, the PDT won £13.5m of funding, through the government's Single Regeneration Budget programme, which ran from 1994 to 2001.

Johnston says: “The money went to other organisations in order to deliver services. We formed an interface between the public and the private sector – since then we’ve distributed £40m over fifteen years and have been influential in the spending of another £120m. The money’s come from various sources - the Great and Good, local government authorities, the Department for Work and Pensions (DWP), and others.”

The PDT now runs youth services, health centres, academies, has refurbished community centres, and has been involved in many more projects, most of which are designed to create employment and business opportunities for residents. One of the PDT’s most successful enterprises was Westbourne Studios, into which it invested £500,000 - it didn’t own the building, but paid a peppercorn rent to guarantee the assets were distributed through the local economy. Today it’s one of Britain's most imaginative office and studio complexes, home to over 100 small businesses. On top of that, the PDT even has a small grant through which it can fund start-ups.

 

One thing that struck me about the people I wrote about was how happy they were in their work. Despite the fact that pay for its staff has gone down in recent years, the PDT has a remarkably low rate of employee turnover, which in turn saves money and helps it pay acceptable wages.

Social enterprises are often limited in size, partly because their purpose is often built around the needs of a particular area, and partly because they don’t have the same will to grow as a purely profit-driven operation. It means they’re finding themselves squeezed in a market that increasingly favours the largest contract-size.

“Interestingly, we have been commissioned by the DWP for the Work Programme,” says Johnston. “We’re a small partner with Maximus, which is a huge company. Fortunately, Maximus are a commercial business, but they know what they’re doing - their vice president came over to visit, for a start. We actually lost money through doing it, but managed to supplement it through doing other projects.”

A belief has grown that commissioners can’t afford to outsource differently. In fact, the opposite might be true: they can’t afford not to. As Johnston says:  “The question for Government is - do you let the money out through companies, or inject it into local organisations? There seems to be a belief that you can economise through upscaling and contracting to the big organisations. But Maximus know what they’re doing on that side too - they won’t give away any more profit than they have to. The Government’s either aware of that, or it doesn’t understand profit in business.”

The way the Work Programme works is that once people have been unemployed for six months, their details are fed into a big databases. ”Prime” contractors then spit out names to the smaller charities. Johnston wasn’t surprised when the initial figures showed it to be a failure.

 

He says: “Prior to the Work Programme, we managed to get 500 people in work over the course of two years. But it was bloody hard work. We had to work in partnership with a lot of community enterprises. We had neighbourhood-based advisors, who were going around knocking on doors. With the Work Programme there’s a disconnect - I recently heard a story about one women being interviewed and asked why she hadn’t found a job sooner, even though she was blind.”

One could say that the very fact something like the PDT exists demonstrates the fact that it’s needed. Johnston says: “You have Whitehall, you have local authorities - and they’re always fighting a war over budgets and power - then you have nothing official, but there’s a whole plethora of stuff going on. If communities weren’t crying out for power, they wouldn’t set up things like the PDT. So the challenge for the Government - and it’s something all governments want to do, is how far they can drive down the democratisation of budgets.”

I point out to him that during the riots London called out for the return of Boris Johnson and David Cameron from their holidays. If that highlighted anything, it was a distinct lack of local leadership. He replies: “In New York you can see the leadership flowing down from the Mayor, the key officers - and that socioeconomic strategy makes the city sing. In our major cities the leadership appears to be less accountable than rhetorical.”
 

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Despite the gloomy history of commissioning described thus far, the future for social enterprises is looking up. In January 2013 the Public Services (Social Value) Act becomes law. It’ll require all public bodies in England and Wales to consider the wider social or economic benefit to an area of any contract they award, over the value of £113,000 for central government and £173,000 for other bodies. According to Social Enterprise UK’s report: “Commissioners have told us that the Act finally gives them the justification to commission in ways that they have previously wanted to, but could not.” The organisation has made a number of recommendations with regard to the law, including an independent body to scrutinise contracting, and previous performance being weighed up as part of the process.

There’s evidence of a growing appetite for more thoughtful commissioning. In October 2012 the Cabinet Office awarded contracts for the National Citizen Service. Management fees were capped at 5 per cent and payment was made in advance, so that smaller charities and community groups without large capital reserves could afford to bid. Ninety per cent of organisations involved were locally based.

There are small steps being made at a local level too: in Lambeth, the commissioning process is being stripped down to its first principles. This doesn’t necessarily mean that global companies are excluded, but the locally devised solutions are unlikely to include too many. Moreover, by the beginning of November 2012, 93 organisations, including nine local authorities, had become accredited Living Wage Employers.

Nick Hurd MP is quoted in Social Enterprise UK’s report: “You could do really smart stuff. In my area, Hillingdon Council, BlueSky do the landscaping. Their motto is, ‘we’re the only company in the country where you have to have a criminal record to work’. It’s the first chance to prove yourself, to prove that you can be trusted. From Hillingdon’s perspective, they get a good service at a good price. But they also reduce reoffending. For me, that’s smart commissioning.”

And as Neil Johnston tells me: “Part of the reason for the upscaling has been the assumption among commissioners that everyone will try to rip you off. But we’ve seen things like A4E recently - you will always get people who cheat, but is it the prevalent part of the community?”

Charities and social enterprises delivering public services was a much-repeated promise in the argument for the big society vision: the title may have fallen by the wayside, but is the idea dead?  As Social Enterprise UK’s report concludes: “Public debate in the wake of the financial crisis has centred on whether public spending cuts must be made or avoided. But who benefits and who loses because of the way that public spending is done, is a much bigger question.”

The huge Aylesbury council estate in Southwark, home to 7,500 people. Photograph: Getty Images

Alan White's work has appeared in the Observer, Times, Private Eye, The National and the TLS. As John Heale, he is the author of One Blood: Inside Britain's Gang Culture.

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.