Chaired by Sir Paul Jenkins, the former Treasury Solicitor, our third View from the Top public sector roundtable meeting brought together a diverse and knowledgeable group of stakeholders, to identify the realities of merging or demerging public bodies and to look at practical ways in which the potential challenges can be overcome, including:
• the mechanisms and best practice in such structural reforms
• improving the accountability, transparency and independence of the remaining NDPBs
• the future and Brexit.
This paper addresses these questions and themes in more detail and makes recommendations for decision makers who are involved at various stages of the Public Bodies Reform Programme.
We caught up with public sector experts following the roundtable meeting - watch the highlights video here: https://youtu.be/PHBIU0hqY-M
Stakeholder management seminar the petroleum industry bill as focusBolaji Okusaga
Effective Stakeholder Management is essential for sucess in policy and legislative environments. This Seminar looks at the dynamics of Stakeholder Relationship which can aid the passage of one of Nigeria's most sought-after piece of legislation - the Petroleum Industry Bill.
This slide share outlines the basic social and economic problems facing the United Kingdom regions, the responsibility of successive governments for those problems and the tough challenges facing Government if it is to to redress the discrimination against places and people by implementing change. The presentation questions whether the Government has the capacity to realise the vision given the collective effort, timescale and political risk-taking required - indeed the vision may already be out of reach.
Our changing state: the realities of austerity and devolutionBrowne Jacobson LLP
One year on from our first roundtable and follow up report ‘The Path to Greater Regional Devolution’, the ‘devolution revolution’ has moved on considerably. Since February 2015 we have seen the Government’s Cities and Local Government Devolution Bill receive Royal Assent, a national programme of area-based reviews of post 16 education and training as part of the Government’s ‘skills devolution’ agenda and the announcement that Cornwall is to become the first rural authority in England to agree a devolution deal.
This period of unprecedented change raises a series of complex challenges, risks and concerns that demand further consideration, discussion and debate. Since the May 2015 General Election devolution deals with more than seven areas have been agreed so will local government structures become more confusing after devolution? What effect will this have on accountability? What conflicts will there be between the new combined authorities and existing local authority arrangements? What lessons can we learn from Welsh devolution? The Government has expressed a desire for greater fiscal devolution but is this realistic?
Chaired by Sir Paul Jenkins, the former Treasury Solicitor, our second roundtable on devolution discussed these issues and many more with local and central government leaders, policy influencers and stakeholders including Centre for Cities, Department for Transport, Grant Thornton, Lawyers in Local Government, LGiU, Local Government Ombudsman, Nottinghamshire Fire & Rescue, Staffordshire County Council, The Department for Communities and Local Government, The Financial Times, The National Forest Company and The Welsh Government.
Our second report, Our Changing State: the Realities of Austerity and Devolution, summarises the key themes and thoughts that emerged from the roundtable and proposes a series of recommendations for further discussion and consideration by both local authorities and other key stakeholders as the country continues along the path towards even greater regional devolution.
https://www.brownejacobson.com/training-and-resources/resources/legal-updates/2016/04/the-realities-of-austerity-and-devolution
Commissioning to Facilitate Community Building & DevelopmentOlivia Wilson
Asset-based commissioning is an approach that enables communities and people, along with organisations, to become equal co-producers and co-commissioners while making best complimentary use of all assets, via self-help, to enhance whole life as well as community outcomes. Find here approaches to commissioning that facilitate community building and community development. For more information, visit this link: https://www.global-cxm.com/commissioning/
This presentation was given by Thomas Leftwich - Senior Policy Advisor, Sector Sustainability Programmes.
For more resources on public service delivery visit http://www.ncvo.org.uk/practical-support/public-services
This paper which I presented at a training program provides invaluable input into the concept, principles, features of Public Sector Reforms. It also explores the role of international organisations in PSR.
Rob Whiteman, LG Group - challenges under the coalition governmentSocitm
Presentation on challenges facing local authorities under the Coalition Government presented to annual conference of public sector IT management organisation, Socitm, on 11 October 2010
Speech by Luiz de Mello, OECD, given at the conference on The Principles of Public Administration: A framework for ENP countries. The event was co-organised by SIGMA with the Jordanian Ministry of Planning and International Cooperation and the EU, it took place at the Dead Sea, Jordan 10 May 2016.
Stakeholder management seminar the petroleum industry bill as focusBolaji Okusaga
Effective Stakeholder Management is essential for sucess in policy and legislative environments. This Seminar looks at the dynamics of Stakeholder Relationship which can aid the passage of one of Nigeria's most sought-after piece of legislation - the Petroleum Industry Bill.
This slide share outlines the basic social and economic problems facing the United Kingdom regions, the responsibility of successive governments for those problems and the tough challenges facing Government if it is to to redress the discrimination against places and people by implementing change. The presentation questions whether the Government has the capacity to realise the vision given the collective effort, timescale and political risk-taking required - indeed the vision may already be out of reach.
Our changing state: the realities of austerity and devolutionBrowne Jacobson LLP
One year on from our first roundtable and follow up report ‘The Path to Greater Regional Devolution’, the ‘devolution revolution’ has moved on considerably. Since February 2015 we have seen the Government’s Cities and Local Government Devolution Bill receive Royal Assent, a national programme of area-based reviews of post 16 education and training as part of the Government’s ‘skills devolution’ agenda and the announcement that Cornwall is to become the first rural authority in England to agree a devolution deal.
This period of unprecedented change raises a series of complex challenges, risks and concerns that demand further consideration, discussion and debate. Since the May 2015 General Election devolution deals with more than seven areas have been agreed so will local government structures become more confusing after devolution? What effect will this have on accountability? What conflicts will there be between the new combined authorities and existing local authority arrangements? What lessons can we learn from Welsh devolution? The Government has expressed a desire for greater fiscal devolution but is this realistic?
Chaired by Sir Paul Jenkins, the former Treasury Solicitor, our second roundtable on devolution discussed these issues and many more with local and central government leaders, policy influencers and stakeholders including Centre for Cities, Department for Transport, Grant Thornton, Lawyers in Local Government, LGiU, Local Government Ombudsman, Nottinghamshire Fire & Rescue, Staffordshire County Council, The Department for Communities and Local Government, The Financial Times, The National Forest Company and The Welsh Government.
Our second report, Our Changing State: the Realities of Austerity and Devolution, summarises the key themes and thoughts that emerged from the roundtable and proposes a series of recommendations for further discussion and consideration by both local authorities and other key stakeholders as the country continues along the path towards even greater regional devolution.
https://www.brownejacobson.com/training-and-resources/resources/legal-updates/2016/04/the-realities-of-austerity-and-devolution
Commissioning to Facilitate Community Building & DevelopmentOlivia Wilson
Asset-based commissioning is an approach that enables communities and people, along with organisations, to become equal co-producers and co-commissioners while making best complimentary use of all assets, via self-help, to enhance whole life as well as community outcomes. Find here approaches to commissioning that facilitate community building and community development. For more information, visit this link: https://www.global-cxm.com/commissioning/
This presentation was given by Thomas Leftwich - Senior Policy Advisor, Sector Sustainability Programmes.
For more resources on public service delivery visit http://www.ncvo.org.uk/practical-support/public-services
This paper which I presented at a training program provides invaluable input into the concept, principles, features of Public Sector Reforms. It also explores the role of international organisations in PSR.
Rob Whiteman, LG Group - challenges under the coalition governmentSocitm
Presentation on challenges facing local authorities under the Coalition Government presented to annual conference of public sector IT management organisation, Socitm, on 11 October 2010
Speech by Luiz de Mello, OECD, given at the conference on The Principles of Public Administration: A framework for ENP countries. The event was co-organised by SIGMA with the Jordanian Ministry of Planning and International Cooperation and the EU, it took place at the Dead Sea, Jordan 10 May 2016.
OECD Principles on Public-Private PartnershipsOECD Governance
Public-Private Partnerships (PPPs) are long term agreements between the government and a private partner whereby the private partner delivers and funds public services using a capital asset, sharing the associated risks. PPPs may deliver public services both with regards to infrastructure assets (such as bridges, roads) and social assets (such as hospitals, utilities, prisons).
The interest in PPPs has been growing in recent years and the need for fiscal restraint in most OECD Member countries is expected to further increase their usage. This presents policy makers with particular challenges that should be met with prudent institutional answers.
The Principles for Public Governance of Public-Private Partnerships provide concrete guidance to policy makers on how to make sure that Public-Private Partnerships (PPP) represent value for money for the public sector.
For more information please see www.oecd.org/gov/budgeting/oecd-principles-for-public-governance-of-public-private-partnerships.htm
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
Earlier this year Edward Timpson’s review on school exclusions raised the profile of the practice of exclusions, managed moves and alternative provision. Head teachers and governors are now under increasing scrutiny to conduct the end-to-end process in a fair and consistent manner (and in line with the statutory guidance) to ensure that the best possible outcome for the school, its staff, its pupils and the parents is achieved.
In this webinar, Senior Associate Hayley O’Sullivan, explores the current exclusions landscape, looks at prospective changes to policy and practice and share examples of best practice to help you avoid common pit-falls when it comes to managing exclusions.
Hayley also provides an overview to the existing statutory guidance, proposed developments in relation to managed moves and alternative provision and share her thoughts on the anticipated changes in regulation as a result of the review.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Donate to charity during this holiday seasonSERUDS INDIA
For people who have money and are philanthropic, there are infinite opportunities to gift a needy person or child a Merry Christmas. Even if you are living on a shoestring budget, you will be surprised at how much you can do.
Donate Us
https://serudsindia.org/how-to-donate-to-charity-during-this-holiday-season/
#charityforchildren, #donateforchildren, #donateclothesforchildren, #donatebooksforchildren, #donatetoysforchildren, #sponsorforchildren, #sponsorclothesforchildren, #sponsorbooksforchildren, #sponsortoysforchildren, #seruds, #kurnool
Monitoring Health for the SDGs - Global Health Statistics 2024 - WHOChristina Parmionova
The 2024 World Health Statistics edition reviews more than 50 health-related indicators from the Sustainable Development Goals and WHO’s Thirteenth General Programme of Work. It also highlights the findings from the Global health estimates 2021, notably the impact of the COVID-19 pandemic on life expectancy and healthy life expectancy.
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
ZGB - The Role of Generative AI in Government transformation.pdfSaeed Al Dhaheri
This keynote was presented during the the 7th edition of the UAE Hackathon 2024. It highlights the role of AI and Generative AI in addressing government transformation to achieve zero government bureaucracy
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Preliminary findings _OECD field visits to ten regions in the TSI EU mining r...OECDregions
Preliminary findings from OECD field visits for the project: Enhancing EU Mining Regional Ecosystems to Support the Green Transition and Secure Mineral Raw Materials Supply.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
2. From left to right
Sir Paul Jenkins, Former Treasury Solicitor and
Head of the Government Legal Service (Chair)
Dr David Clarke, Consultant, Welsh Government
Julie Lunt, Head of Legal, Natural England
Craig Parkin, Assistant Chief Fire Officer,
Nottinghamshire Fire and Rescue Service
Dr Russell Richardson, General Counsel and Company
Secretary, UK Oil & Gas Authority
Harry Cayton OBE, Chief Executive,
Professional Standards Authority
Rt Hon Peter Riddell CBE,
Commissioner for Public Appointments
Peter Unwin, Chief Executive, The Whitehall &
Industry Group
Khalid Ghazi, Senior Commercial Lawyer,
Government Legal Department
Benjamin Taylor, Founder and Managing Partner,
RedQuadrant
Rebecca Lloyd-Jones, Director for Governance and
Legal Services, Care Quality Commission
Robert Hann, Consultant
Helen John, Head of Stewardship, DWP
Richard Barlow, Partner, Browne Jacobson
Sarah Hooton, Partner, Browne Jacobson
Richard Medd, Partner, Browne Jacobson
3. Our changing state: mergers and demergers of Non-Departmental Public Bodies | Contents page | 3
contents
About the roundtable........................................................................ .....
Introduction........................................................................................
Executive summary........................................................................... .....
Where are we now?.......................................................................... .....
The truths of reform......................................................................... .....
What does accountability look like?...................................................... ......
A delicate balancing act..........................................................................
Looking ahead......................................................................................
Conclusion..........................................................................................
About Browne Jacobson.................................................................... ......
4
6
8
10
12
14
16
18
21
22
4. Our changing state: mergers and demergers of Non-Departmental Public Bodies | About the roundtable page | 4
The meeting was chaired by Sir Paul Jenkins and we are
particularly grateful for his continued involvement and
his support of our work in this area.
This report reflects the nature of the discussions held
at the roundtable, however it, and the views expressed
within it, do not necessarily represent the views either
of the individuals or the organisations they represent.
The information and opinions expressed in this report
are no substitute for full legal advice, it is for guidance
only and, where applicable, illustrates the law as at the
published date.
Browne Jacobson would like to thank the past and present leaders of Non-Departmental Public
Bodies (NDPBs), policy influencers and other stakeholders who joined us for our roundtable
discussion on the topical issues surrounding mergers and demergers of NDPBs at our London office.
about the roundtable
5. Our changing state: mergers and demergers of Non-Departmental Public Bodies | About the roundtable page | 5
6. introduction
page | 6
Since the 1970s, many governments have engaged in the reform of the public sector. Since 2010,
the public sector landscape has withstood considerable reform of its public bodies and reform will
continue until at least 2020 under the Public Bodies Reform Programme.
“identify the realities of merging
and demerging public bodies”
“best practice in such
structural reforms”
We want to help the public sector develop awareness of
the challenges ahead, and to explore possible solutions
to those challenges.
The roundtable meeting brought together a diverse and
knowledgeable group of stakeholders, to identify the
realities of merging or demerging public bodies and to
look at practical ways in which the potential challenges
can be overcome, including:
• the mechanisms and best practice in such structural
reforms
• improving the accountability, transparency and
independence of the remaining NDPBs
• the future and Brexit.
This paper addresses these questions and themes in
more detail and makes recommendations for decision
makers who are involved at various stages of the Public
Bodies Reform Programme.
Richard Barlow
Partner and Head of Public Sector
Browne Jacobson
Our changing state: mergers and demergers of Non-Departmental Public Bodies | Introduction
7. page | 7Our changing state: mergers and demergers of non-departmental public bodies | Introduction
8. page | 8
The roundtable meeting, and our research and experience in this area, leads Browne Jacobson to make the
following observations and recommendations:
executive summary
Each re-organisation of a public body varies in size, budget and remit, with some mergers being
more complex than others. The public bodies involved in these mergers and transfers had their own
specific challenges, but there are a number of generic issues which all bodies facing re-organisation
will need to have high on their radar if they are to learn from lessons of the past.
Our changing state: mergers and demergers of Non-Departmental Public Bodies | Executive summary
Governance and leadership
• Public body restructuring is complex. The process of undergoing a merger or demerger requires strong,
strategic leadership from the outset. Board level governance, with clear roles and responsibilities, should
be established early on to ensure its effectiveness. The absence of permanent leaders early in the planning
and implementation stages may mean that important decisions are deferred and that the long-term vision,
objectives and structure are not well identified and developed when the new body begins to operate.
Strategy
• Specific strategic objectives and improvements should be identified when planning the merger, along with
effective performance measurements and reporting systems to consistently monitor the progression of the
anticipated improvements.
• Ensure that there is a robust means of conflict resolution. Not all eventualities can be accounted or planned for,
but NDPBs can alleviate the impacts of these situations by having a pragmatic plan in place to deal with and
manage issues so that they do not become serious or protracted.
• Develop a realistic timetable and ensure that enough time is allowed for the development of appropriate
legislation. A shared concern of the roundtable was lack of preparation time in the days leading up to the
changes with little time left for the essential but longer-term issues around corporate planning, integration of
staff and human resources, operations and finance.
Culture and workforce planning
• Breaking down barriers between predecessor organisations, bringing the two cultures together and identifying
early on any differences between conditions of service will help towards a seamless transition into the new
NDPB.
• Clearly communicating with staff and stakeholders will enable them to understand the rationale and benefits
for the merger of the reorganisation. It is important to allow key stakeholders to express views on values
and objectives and this will go towards achieving continued engagement and motivation of staff. If this open
environment for communication is not created, NDPBs may experience significant resistance to change within
their new organisations. Such resistance can result in larger disruption costs and an increased delivery risk
during the transition period.
• Efficient workforce planning is essential. NDPBs facing mergers or reorganisation must identify the estimated
costs of changes to staffing structures and have established a method of scrutiny and challenge.
9. page | 9Our changing state: mergers and demergers of Non-Departmental Public Bodies | Executive summary
Financial considerations
• Match the objectives of the merging bodies with available financial resources to secure value for money.
Develop robust cost and savings estimates for prospective mergers and regularly review and revise these as
necessary as the merger proceeds. Weaknesses in key performance measures and baseline financial information
will make it difficult for merged bodies to demonstrate the impact of changes in the way they deliver services.
• Look to provide solutions to problems. Many public bodies are re-organised as a result of financial savings
which are a key driver for public sector reform. If NDPBs can take an innovative approach to cost savings, such
as becoming self-funding, they may justify their existence and present a solution to any perceived problems
associated with their existence. Smaller NDPBs in particular may be able to adopt such an approach in order to
help guarantee their survival.
Accountability
• A clear view of what the accountability regime should be must be established. Governance mechanisms must be
clear in order to determine the correct level of accountability.
• Effective accountability depends as much on establishing clear roles, relationships and avenues of
communication within the NDPB, as it does on the Government displaying greater transparency, clarity and
ambition when it comes to resolving issues of accountability.
10. page | 10
where are we now?
The Coalition Government’s call for reform of the
public sector landscape in May 2010, and the resulting
introduction of the ‘Public Bodies Reform Programme’,
was nothing new. Demands for the reduction of the
number of bodies that operate at arm’s length from
government have been prevalent since the middle
of the 20th century, with both the 1979 and 1997
Governments promising to review and cut the size
of the public body landscape. Although the Coalition
Government’s reform programme was met with initial
scepticism, the Government was spurred into action
with the pressing need to explore every method
possible of driving down the budget deficit as part of an
unprecedented period of austerity.
The Coalition Government needed to take drastic
measures aimed at reducing overall government
costs and ensuring greater value for money in public
spending. It did so by merging and abolishing those
public bodies that it considered unnecessarily
duplicated or redundant and increasing the
accountability of those public bodies that were distant
from the accountability of government ministers.
The 2010 to 2015 Public Bodies Reform Programme
saw the abolition of more than 190 public bodies and
the merger of over 165 bodies into fewer than 70. The
second phase of the Public Bodies Reform Programme
began in 2015 and is set to continue until at least 2020.
In 2016 the Cabinet Office published guidance on the
classification of public bodies, and intends to publish
further guidance this year. The guidance suggests
that the types of central government ALBs should be
reduced to three main categories: Executive Agency,
Non-Departmental Public Body and Non-Ministerial
Department.
The aim of the guidance is to assist with the creation
of a transparent public body regime, which the
Cabinet Office hopes will enhance accountability. It is
anticipated the guidance will improve efficiency and
effectiveness, in turn encouraging best practice.
Our perspective on the successes and failures thus far
of the Public Bodies Reform Programme is significantly
informed by our relationships with clients who are
living and breathing the changes brought about by the
programme.
The public sector landscape has seen the biggest reform of arm’s length bodies (ALBs) in a
generation, with NDPBs having been particularly susceptible to reform. Before exploring the current
issues, we reflect on how we reached this point.
People want to see how money
is being spent and how public
functions are undertaken and
delivered.
“
”Robert Hann
Consultant
Our changing state: mergers and demergers of Non-Departmental Public Bodies | Where are we now?
11. page | 11Our changing state: mergers and demergers of Non-Departmental Public Bodies | Where are we now?
12. page | 12
the truths of reform
Politics and policy
Complex organisational changes are nearly always politically motivated. As a result, they can pass through the
legislative system and the mechanisms of government at an inappropriate rate which may inhibit good planning.
That is not to say that the mergers are not the right thing to do but it is questionable whether there would be
as many mergers if they were pushed through purely on a compelling business case rather than being politically
desirable. There would almost certainly be a lot more time to plan.
So far, the benefits of mergers and privatisations have fallen far short of plans, despite much effort. It will be
important for NDPBs facing re-organisation to learn from the over-optimism of such plans.
NDPBs also differ between themselves in the types of roles they have.
Arm’s length bodies have different roles. Mine for instance has specific legislation
that we are required to provide advice to the Secretary of State and we can
also provide advice if he asks for it or not. We don’t make policy but we advise
on policy in a very specialist area. When asking what kind of body an arm’s
length body is, we must remember there are a number of different types of
organisations with different relationships with government.
“
”Harry Cayton OBE
Chief Executive, Professional Standards Authority
Our changing state: mergers and demergers of Non-Departmental Public Bodies | The truths of reform
13. page | 13
Healthcare
Integrating the health and social care sectors
would be a significant challenge at the best of
times, let alone times when both sectors are
under such severe financial pressure. Health and
social care NDPBs do not yet have the evidence to
show that they can deliver their commitment to
integrated services by 2020, at the same time as
meeting existing pressures on the health and social
care systems. Even darker days are on the horizon
for the health and social care sectors as by all
accounts, there seems to be a deep aversion to the
further structural change likely to be needed to
move towards integrated commissioning.
People
At the centre of the reforms are the members of
staff that are living and breathing the changes
brought about by Government. It is easy to forget
that people are essential to the success of any new
entity. If these people are ignored, no matter what
efforts have been put into driving costs down and
improving accountability of the body, its efficiency
and usefulness will still falter as members of staff
struggle to grapple with change. The Government
needs to place considerable emphasis on these
human factors because they make a vital
contribution to the success of the reforms.
Our changing state: mergers and demergers of Non-Departmental Public Bodies | The truths of reform
14. what does accountability look like?
There remains inconsistency, overlaps and confusion in terms of accountability, with most public
bodies answering to ministers but with some being accountable to Parliament. It is not surprising
that guaranteeing the accountability of NDPBs is difficult in this changing environment.
For the Government, the ideal is influence without accountability… from the body
receiving the powers, you want maximum freedom to act and the ability to exercise power
and influence.
“
”Benjamin Taylor
Founder and Managing Partner, RedQuadrant
Has reform to date improved accountability?
Re-organisation can lead to different approaches to accountability. One of the key themes emerging is the
importance of establishing a clear view of what the accountability regime should be and, in particular, establishing
the mechanism by which public bodies are governed appropriately to determine the correct level of accountability.
Whilst any reorganisation of a public body will always have the intention of improving accountability, it does not
necessarily mean that issues will be resolved. There are likely to be teething problems as new roles are established
and NDPBs adapt to their new structures. It is not surprising that guaranteeing the accountability of NDPBs is
difficult in this challenging environment. In reality, it may be too early to determine the impact of the first wave of
the Public Bodies Reform Programme. The second phase of this concept continues and is due to conclude in 2020.
How can the next phase of reform do things differently or better?
Improved accountability does not necessarily mean that a NDPB needs to be subject to increased parliamentary
scrutiny. It is important to acknowledge that accountability may not be the primary driver, it may be that for
ALBs the desire is to ensure that they behave in a more commercial and nimble way. Taking one example, the
incorporation of the Oil and Gas Authority (the Authority), is driven by delivering a more commercial approach to
interaction with the industry the Authority regulates. Whilst this is important, the Authority must ensure (as they
intend to do) that it remains appropriately accountable.
Effective accountability depends upon effective relationships, communication and learning. Greater transparency
and ambition is needed from the Government, with improved clarity as to how issues of accountability should be
approached. Inconsistencies in accountability may not always be solved by mergers, and steps should be taken to
ensure strong relationships are established with all those involved in re-organising NDPBs. This will assist in ensuring
the smooth transition of functions. Thereafter a clear set of principles should be agreed between the Government
and the new body which underpin the body’s accountability arrangements as it is developed and establishes itself.
page | 14Our changing state: mergers and demergers of Non-Departmental Public Bodies | What does accountability look like?
15. page | 15Our changing state: mergers and demergers of Non-Departmental Public Bodies | What does accountability look like?
16. The threat of reorganisation is thus a constant spur
to senior officials and ministers to do a good job and
to avoid inefficiencies which may trigger radical re-
organisations or even complete absorption into another
ministry. Equally, the ability to expand turf and to take
on new functions and extend the scale of department
operations may sometimes provide a stimulus to their
ministers and senior officials to be successful.
Changes to the public bodies landscape must be seen
as more than a simple numbers game: simply reducing
spend through fewer bodies cannot capture the extent
of the complexity of the landscape, as bodies are
established, merged, demerged or abolished.
The legal complexities in reforming public bodies
mean that most reforms constitute a significant use of
resources, at least at the very outset. Are the resources
ever proportionate to the outcome? A clear and
objective justification for a proposed reform is always
required to warrant the resulting resource commitment
and transitional effects.
NDPBs can provide specialist expertise and have a
longer-term focus than is afforded in a highly politicised
environment. They can also benefit from the heightened
authority resulting from their relative freedom from
political considerations. Where accountability for
decisions is transferred back to government, it will be
difficult to claim that the independence of NDPBs has
not been undermined.
However, in any change to a NDPB, it is vital to protect
the key public services it provides. It is highly likely
that services which are provided could be affected
by changes to the structure and functions of a NDPB.
Drastic reforms are not always necessary, and it could
be that subtle changes are more appropriate for some
bodies. Any change will be costly, so care should be
taken to ensure that the correct decision is made.
a delicate balancing act
While government departments and bodies are not, in practice, allowed to go bankrupt, they can be
exposed to being reorganised, to seeing parts of their functions merged into rival departments and
to seeing their own scope of functions changing character or being radically downsized.
page | 16Our changing state: mergers and demergers of Non-Departmental Public Bodies | A delicate balancing act
17. It seems there’s no consistency about how conflicts are dealt with.
“ ”Richard Medd
Partner, Browne Jacobson
It is vital to consider how such conflicts can be resolved. Given the variety in size, functions and agendas of NDPBs,
it may be that one approach cannot be used for all bodies.
NDPBs are sometimes given potentially competing objectives on purpose as policy aims aren’t
always black and white. (For example, economic growth and protecting jobs can sometimes be
in conflict with protecting pension rights or the cost to PPF levy payers). NDPBs might as well
internalise the issues.
“
”Helen John
Head of Stewardship, DWP
Novel approaches may need to be taken to limit conflicts arising, and to effectively and swiftly deal with them
when they do.
There will always be tension, but the issue is where the appeal mechanism is. The
majority of appeal mechanisms in Welsh environmental legislation are to Welsh ministers,
so they have to remain independent in earlier permitting/consent discussions.
“
”Dr David Clarke
Consultant, Welsh Government
Has independence been undermined?
The independence of NDPBs must be protected, but there is a risk that this fundamental concept is facing threats
from a variety of angles.
Consumers want to be close to the Government when it suits them, but they also want
NDPBs to be independent as they feel NDPBs are too close to the Government. Both the
business and the relationship can be really tricky to manage.
“
”Julie Lunt
Head of Legal, Natural England
Consumers of products like the fact that an economic regulator is independent.
“ ”Dr Russell Richardson
General Counsel and Company Secretary, UK Oil Gas Authority
Future mergers and demergers of NDPBs must be carefully managed to ensure that their independence is protected.
page | 17Our changing state: mergers and demergers of Non-Departmental Public Bodies | A delicate balancing act
Conflicts and how to resolve them
NDPBs often have to balance a number of roles and functions. Various issues need to be dealt with, often in an
environment of competing pressures and demands.
18. Within the 2015 to 2020 Public Bodies Reform Programme, the Government is attempting to avoid piecemeal
reviews of each NDPB. It is currently undergoing functional reviews to look at how groups of bodies can be merged,
share back offices or work together better. Tailored reviews will then be conducted for those not falling into a
functional review.
The Cabinet Office’s Public Bodies Reform Programme had been limited to just one form, the NDPB, but has now
been extended to include executive agencies and non-ministerial departments which levels the playing field across
ALBs. The public sector landscape cannot be efficiently reviewed if groups of public bodies are essentially immune
from review. However, the aim is to review every ALB at least once in the lifetime of each Parliament.
looking ahead
Regular assurance and challenge about the continuing need, efficiency and good governance of
public bodies remains central to the Government’s public bodies transformation programme.
“
”Ben Gummer MP, Minister for the Cabinet Office
(Tailored Reviews: Guidance on Reviews of Public Bodies, November 2016)
The review exercise is valuable. You look at all of your systems to see if you have
something to offer the public, and whether you can deliver that service in a sensible and
cost-effective way.
“
”Julie Lunt
Head of Legal, Natural England
If we can go with this more tailored approach, these reviews can be useful in clarifying
vision and objectives, which sometimes become confused over the years.
“
”Helen John
Head of Stewardship, DWP
It has to be independent of
government to survive and make
a valuable contribution. It doesn’t
make sense to clear them away just
to save money, that’s the danger we
are in, we’ll lose that flag of why
they’re there and why they still
need to exist.
“
”Robert Hann
Consultant
on the future of Non-Departmental Public Bodies...
page | 18Our changing state: mergers and demergers of Non-Departmental Public Bodies | Looking ahead
19. Is this an efficient use of resources?
The regular review process is inefficient as it creates fear and triggers defence mechanisms
that might not be necessary. If there are wider issues you want to review, methods like
audits can deliver those more effectively. If you have an agenda for change, be transparent
and have a public discussion rather than go through the review process.
“
”Dr David Clarke
Consultant, Welsh Government
Environment
NDPBs in the environmental field often have several roles to fill and conflicting pressures to manage. They have
a broad remit and responsibility for complex scientific regimes. Environmental law is heavily based upon EU
legislation and standards, and upcoming changes in this area are likely to filter through to the daily operations of
environmental NDPBs.
There are a lot of important interests that have made long-term investments in the United
Kingdom based on an existing environmental regime. If there were to be a reduction in
environmental regulation, this could result in new organisations operating with a much
lower level of environmental control. You could see a lot of established stakeholders
having their own economic viability undermined.
“
”Richard Barlow
Partner, Browne Jacobson
page | 19Our changing state: mergers and demergers of Non-Departmental Public Bodies | Looking ahead
20. Brexit
In the three to five years after transition, it will be working out how to retain credibility
and the willingness of people wanting to trade with us.
“
”Sir Paul Jenkins
former Treasury Solicitor and Head of the Government Legal Service
The negotiations required to determine the UK’s future relationship with Europe will result in a concentration of
resources on this complex task. We consider it likely that this work will dominate the Government’s agenda both
during the negotiations and beyond. Given this focus and the outcome of the election on 8 June 2017, the review
of public bodies may slow and fall down the priority list of areas to be addressed. The impact of this is difficult
to predict, but it could result in proposed changes to NDPBs not proceeding, given the time and cost investments
needed to realise these. Pressure on public funds is likely to be even greater than it already is, as additional
resources are needed to deal with this difficult process.
Brexit will require significant Government resources over
the next two years. Any proposals to restructure arms
length bodies, unless they are related to Brexit, will be
harder to get on the agenda than previously.
“
”Peter Unwin
Chief Executive, Whitehall Industry Group
page | 20Our changing state: mergers and demergers of Non-Departmental Public Bodies | Looking ahead
21. conclusion
Periodic reorganisation of the public sector landscape remains a fact of life for most ALBs with the
reforms set to continue until at least 2020. The general ethos of the public sector reforms is the
avoidance of ‘duplication’ so that only one body should be handling any one function at a time.
Change is no bad thing; without it organisations can stagnate. Reorganisation and reviews allow a reconsideration
of what core services a body should be providing and the best way to do this. Such work will often bring new people
and fresh perspectives to a NDPB and provide a catalyst for service improvement.
Some NDPBs are too quickly re-organised before they have reached their full potential. We consider that the
constant threat of change is unhelpful and the tailored review approach is more appropriate. Nevertheless, NDPBs
need to be ready to justify their fitness for purpose. As the reforms move into their second phase, mergers and
demergers of NDPBs are likely to become more intricate as the obvious candidates for reform have already been
targeted. However, the Government needs to ensure that the review process is not an unnecessary distraction and
be clear that re-organisations are an appropriate use of resources.
We recommend that the Government motivate, educate and activate talented people in this important work, in
order to ensure that efficiency, transparency and effectiveness in these newly created NDPBs is achieved.
“we recommend that the
Government motivate, educate
and activate talented people in
this important work”
“change is no bad thing”
page | 21Our changing state: mergers and demergers of Non-Departmental Public Bodies | Conclusion
22. • adult services
• business transfer
agreements
(including TUPE LGPS
pensions issues)
• children’s services
social care
• collaboration agreements
• commercial regeneration
• contracts
• corporate governance
• corporate insolvency
restructuring
• data protection
• employment
• EU competition
• freedom of information
• immigration
• information technology
• intellectual property
• inter-authority agreements
• internet e-commerce
• joint venture agreements
• judicial review
• litigation dispute
resolution
• major projects
• mergers acquisitions
• outsourcing
• PFI/PPP
• planning, highways
infrastructure
• public procurement
• property, construction and
related litigation
• regeneration
• regulatory advice
• shared services
• social housing
• state aid
• supply of goods services
• tax
• vires.
We are a leading UK law firm offering a unique collection
of specialisms across the commercial, public, health and
insurance sectors. We have offices in Birmingham, Exeter,
London, Manchester and Nottingham and are committed to
being a quality, relationship-led business.
Established in 1832, we now have over 900 people, including
more than 400 lawyers and over 100 partners. We have a
client portfolio to be proud of - including major insurers, blue
chip corporates, NHS trusts, local authorities and other public
sector organisations.
We have a long and successful track record of working with
the public sector. Our specialist public sector practice is
ranked nationally by both Chambers Partners and Legal 500
directories who describe us as “very experienced… excellent
and very knowledgeable… a very friendly, approachable firm.
They actually go the extra mile. Very accommodating.”
As a full service law firm, we can provide you with advice and
assistance on:
about browne jacobson...
Ros Foster
ros.foster@brownejacobson.com
+44 (0)20 7337 1015
Richard Barlow
richard.barlow@brownejacobson.com
+44 (0)115 976 6208
Laura Hughes
laura.hughes@brownejacobson.com
+44 (0)115 976 6582
Peter Ware
peter.ware@brownejacobson.com
+44 (0)115 976 6242
Richard Medd
richard.medd@brownejacobson.com
+44 (0)115 976 6256
page | 22Our changing state: mergers and demergers of Non-Departmental Public Bodies | About Browne Jacobson