The dangers of payment-by-results in probation

Grayling's reforms show the coalition hasn't learned from the failure of the Work Programme.

Today the Justice Secretary, Chris Grayling, set out the coalition’s latest payment-by-results (PBR) scheme. Originally developed as a way of contracting out back-to-work employment services, this public services version of ‘no win, no fee’ is going to be extended to the probation service in an attempt to bring down reoffending.

The idea is simple – services once delivered by the state are contracted out to private and voluntary sector providers, but a big chunk of these providers’ fees are only paid if they achieve certain outcomes. So in the Work Programme around 80 per cent of the fee is paid only once an unemployed person has been supported into a sustainable job. In the probation service, the measure of success will be reoffending rates. The state only shells out if private companies do what they promise. What could possibly go wrong?

The answer is, unfortunately, quite a lot, as the Work Programme has shown a couple of years into the original contracts. And none of the lessons it’s thrown up seem to have been taken on board.

First, PBR is essentially a way of the state contracting out risk and uncertainty. In order to come up with the right price tag, the state needs to be able to price that risk. The problem comes when public commissioners have no idea about levels of risk involved in what they’re commissioning – and when contractors themselves have no control over some of the biggest risks like the state of the economy in the Work Programme. This is one reason why Work Programme contractors are likely to find themselves in difficulties – the original contracts built in overly optimistic assumptions about the labour market. So the contracts are too stretching and if they are stuck to, the government in effect will be underpaying for services given the economic backdrop.

Does it really matter? Surely underpayment is no skin off the state’s nose. But this is far too simplistic. There’s too much at stake with unemployment – the Work Programme providers really are too big to fail, which some of them may do if they fail to meet outcomes set out in their contracts. That’s arguably even more true in the case of probation services, where public safety is at stake. This implicit guarantee at least partially erodes the point of PBR as a risk transfer mechanism. And it muddies accountability. If the economy’s doing worse than expected – which affects reoffending as well as unemployment – who’s responsible for contractors not meeting their outcomes?

Second is the impact of payment-by-results on the voluntary sector. These PBR contracts couldn’t be more distant from the notions of "big society" or devolution – the proposals for the probation scheme are for just a handful of contracts covering huge swathes of the country. Only large private companies are able to absorb the risks involved in going for a contract of this size, which is why it is the Sercos and A4Es of this world delivering the Work Programme rather than even the largest charities involved in welfare to work. The idea is that these big contractors subcontract to the voluntary sector. Yet the Work Programme contracts have been structured in such a way that private providers can cream off the ‘safe’ payment not linked to outcomes and pass on more – not less – risk to the small voluntary organisations with whom they subcontract. The result is that far from building up voluntary sector capacity, PBR risks squeezing it at the expense of big companies. No wonder the sector is outraged.

The third fundamental problem with PBR is that it discourages knowledge-sharing of what works – whether that’s getting people back into work, improving kids’ reading or reducing reoffending. Initial data on the Work Programme shows there is big variance in the performance of different companies. What are some doing that’s more effective than others? This is a question of huge public interest. Yet PBR means that companies – far from sharing best practice across the public sector – have a commercial interest in protecting their recipes for success. This is one example of where there is a real tension between the profit motive and public interest, and it needs to be managed.

None of this to suggest that there is anything inherently wrong with private sector delivery of public services. Of course the public sector could stand to gain from intelligently incorporating some learning from the private sector if it’s done in the right way. But it’s just as ridiculous to say the private sector is always better at delivering public services than it is to say it’s always worse.

Unfortunately, the state has a history of making some pretty bad deals with the private sector – from PFI deals gone wrong to the public-private venture capital funds that lost huge amounts of money in the 1990s and 2000s. All of these examples highlight the importance of getting the relationship - and, crucially, the contract that structures that relationship – between the public and private sector right. But unfortunately for those who adopt a ‘private sector good, public sector bad’ mantra, that’s probably trickier to do than delivering efficient services in the first place. It’s a great shame the coalition shows no indication of learning the lessons from the Work Programme – and it means there’s a real risk PBR ends up being the PFI story of the 2010s.

Justice Secretary Chris Grayling speaks at last year's Conservative conference in Birmingham. Photograph: Getty Images.

Sonia Sodha is head of policy and strategy at the Social Research Unit and a former senior policy adviser to Ed Miliband. She tweets @soniasodha.

Bennett Raglin / Getty
Show Hide image

How gendered are this year’s most popular Christmas present toys?

Meet the groups fighting back against the gendering of children’s toys over the festive season.

You’re a young girl. You go into WH Smith’s to pick out a colouring book for Christmas. You could buy the Girls’ World Doodling and Colouring Book, a "gorgeous gift for any girl". In this, the pictures range "from flowers, fans, feathers, to birds, buttons and butterflies". Or Colouring for Girls: Pretty Pictures to Colour and Complete, where you can colour in "beautiful birds, seashells, cupcakes, pretty patterns and lots more". The counterpart Boys’ Colouring Book has a range beyond buttons and feathers: "Planes, trains and automobiles – plus the odd alien spacecraft".

In the run-up to Christmas, this kind of gendered marketing is rife, particularly finding its way into the predominantly pink colour scheme of girls’ toys.

Take Amazon’s page "2016 Toys for Girls": a pink icecream trolly set, a pink light-up tablet, pink building blocks, pink and purple friendship bracelets and so on.

There are several groups taking action against the "pinkification" of children’s toys. One of these is Let Toys Be Toys, a group that targets large supermarkets with the aim of reducing the gendered marketing used on children’s goods.

The Let Toys Be Toys blog focuses on specific examples of targeted gendering within shops, catalgoues and online. A particularly revealing example of how prevalent this has become in recent years is in two pictures published from the Argos catalogue, one from the Seventies, and one from nowadays. The eye-wateringly pink page from now makes the 1970s page look dour by comparison. The lack of change over four decades of what kind of products are marketed at girls is equally striking:

Despite the efforts of campaign groups such as Let Toys Be Toys, the prevalence of gendering within the highest-rated children's gifts for 2016 is staggering.

Look no further than the Ultimate Christmas Gifts Guide from Toys R Us. One of the most immediately obvious examples is the way in which the pink/blue colour schemes are used to market identical products. This is repeated again and again:

This identical drawing board is uniquely packaged to the binary colour codes that are so common within children's toys stores.

The same applies with this keyboard, where the young girl and boy are pictured almost identically, save for the coordination of their clothes to the colour of their toys.

The message is a hugely limiting one: one that allows little movement away from the binary of pink/blue. The effects of this are longstanding. A recent poll from YouGov shows that "only a third of parents approve of boys playing with Barbies". The data goes on to explain that "while most parents approve of girls playing with toys marketed to boys, a minority of adults approve of the opposite".

Images like this were the inspiration behind Let Toys Be Toys, back in 2012. The campaign began on Mumsnet, the forum for parents, on a section called "AIBU", which stands for "Am I Being Unreasonable?". One parent posted the question: "Am I being unreasonable to think that the gendered way that children’s toys are marketed has got completely out of hand?" The heated discussion that followed led to a sub-section with the founding memebers of Let Toys Be Toys.

This aside, Let Toys Be Toys has made signifcant progess since it began. It targets large stores, focusing on gendered signage both in store and online. In their four years, they have campaigned for signs like "girls' toys" and "boys' toys" to be removed from retailers such as Boots, Debenhams, Morrisons, Toys R Us and TK Maxx. It is the go-to hashtag on Twitter for examples of the often shocking gendering of children’s toys.

"This is ostensibly about toys, but what we’re really talking about is gender stereotypes that shape our children’s worlds in an apparently very unassuming way," says Jess Day, a Let Toys Be Toys campaigner. "It seems very innocent, but actually what we’re doing is giving children very clear instructions about how to be a man and how to be a woman."

These clear instructions work beyond colour coordination: where girls are sold the image of the pink "girly girl", for instance. This is evident in children’s fancy dress costumes. Early Learning Centre’s (ELC) children’s fancy dress range imposes very rigid gender roles. To give examples from the current christmas range:


Credit: ELC

Again, the predominant colour sceme is pink. The roles offered are mainly fairies and princessess: generally make-believe.

“I found it really interesting that there were almost no ads showing girls doing anything," comments Day. "Physically they were very passive. The only physical activity we saw girls doing was dancing. They weren't really moving around much."


Image: ELC

By contrast, young boys are offered the possibility of pretending to be a firefighter, a policeman or a doctor, among other practical, professional roles.

This year's Toys R Us Christmas advert follows on from this, with girls mainly dressed as princesses, and boys dressed as knights and kings. Much like the pink/blue colour scheme that we see all over children's shops, these fancy dress costumes create an unnatural binary. They send out a message that restricts any kind of subversion of these two supposedly polar opposites.

What's more, the subtext is one that is deeply rooted in expectations, building up a picture where careers such as that of a policeman and fireman come more naturally to boys, who have been socialised into these roles from childhood through fancy dress costumes of this type. Instead, girls are later forced to learn that most of us aren't going to become princessess, and none of us fairies – and so the slow process begins to unlearn these expectations.

There are certainly groups who try to counteract this. Manufacturers such as the toy brand IamElemental aims to break down the gendered distinctions between boys' toys and girls' toys, by creating female action figures.

“We always say that we are not anti-doll or anti-princess, but that if you give a girl a different toy, she will tell a different story," says Julie Kershaw, a member of the organisation. "As the mom of two boys, I always say that it’s just as important to put a strong healthy female action figure in a boy’s hand as it is a girl’s”.

Like the campaigners behind Let Toys Be Toys, IamElemental sees children’s toys as the starting point.

“We want kids – both girls and boys  – to internalise these messages early and often,” says Kershaw. “While there are certainly biological differences between girls and boys, gender-specific toys are not a biologically dictated truth. Toys are not “for girls” or “for boys”  – toys are for play; for exploration and creative expression.”

This attitude is ingrained in a child’s early years. Only through reconfiguring the gender sterotypes of the toys we buy for our children can we begin to break down their expectations of how to behave in age. We challenge you this Christmas to avoid these highly gendered products. Below are our three favourite Christmas presents for children this year, for girls AND boys, as approved by Let Toys Be Toys:

Mini Table Tennis (£7.99)


From: The Little Toy Box

Djeco Intro to Origami - Animals (£3.99)

From: Rachel's Toy Shop

Seedling Make Your Own Dino Softie! - Dino(sew)or Kit (£5)


From: Gifts For Little Ones