The landscape of public service delivery has fundamentally changed and continues to evolve. The Government and the wider public sector today rely heavily on many organisations, other than public authorities, to deliver and support core public services. Data published by the IfG in
31 The Telegraph. MPs’ expenses scandal: a timeline. 19 January 2019. URL:
https://www.telegraph.co.uk/news/newstopics/mps-expenses/6499657/MPs-expenses-scandal-a- timeline.html
32 As note 16 p. 22
December 2018 indicated that the Government spends £284 billion - almost a third of its total expenditure - with external suppliers.33 The use of organisations other than public authorities to deliver public services is not new but has expanded rapidly over the last 30 years.
Compulsory competitive tendering in the 1980s led to a significant expansion in services being delivered in such ways and successive governments have built on the concept. 34 There has been an emphasis on encouraging diversity and choice in public service provision or ‘open public services’35 and a range of innovative delivery models have
developed to try to secure efficiencies.
Services that are not provided ‘in house’ by public authorities may be delivered by private companies, charities, social enterprises and voluntary organisations through various service models. A common model is
‘outsourcing’, when services are delivered by an external supplier under a public sector contract but public services may also be delivered through other models such as joint ventures and public service mutuals.36
At a local level, the Government has acknowledged that, “Most councils no longer rely solely on in-house operations…Many have used their legal powers to establish a mixed portfolio of provision, involving delivery models that operate across areas including adult social care, children’s services, youth services, building control, and adult education”.37
There are also other organisations that exercise functions of a public nature across sectors including health, justice and education. Examples include housing associations, which provide social housing, and LSCBs, which play a central role in protecting children.
Organisations other than public authorities build vital UK infrastructure, and deliver or support many other essential public services including critical areas such as health and justice. These services significantly affect the lives of the UK public in many ways. Their importance to the most
33 As note 6.
34 The Guardian. Timeline: outsourcing and the public sector. URL:
https://www.theguardian.com/society/microsite/outsourcing_/story/0,13230,933819,00.html
35 As note 12.
36 Department for Digital, Culture, Media and Sport. Alternative delivery models explained. 28 March 2017.
URL: https://www.gov.uk/government/publications/libraries-alternative-delivery-models-toolkit/alternative- delivery-models-explained
37 As note 36.
vulnerable in society must also be recognised. To provide just a few examples; a range of non-NHS providers offer health services, including social enterprises, local authorities, charities and community interest companies. 38 The demand for children’s social care services is
increasingly being met by the private sector 39 and probation services were partially outsourced in 2015.40
Given the range of services and the increasing pressure on them, it is not surprising that public service delivery models are becoming more
complex. Innovative trends such as payment-by-results commissioning involve government relying heavily on private companies to manage long and complex supply chains. The Work Programme, which ran from 2011 to 2017, is a good example. 41 The National Audit Office (NAO) has noted that, “…the role of providers in the public sector has evolved from
relatively simple contracts to provide goods and services, to innovative high profile commissioning arrangements in sensitive areas such as health and justice”.42
However, this report is not about the relative merits of different public service delivery models. Outsourcing can deliver successfully and in- house services may fail. This report is about recognising the reality of modern services being delivered in alternative ways and ensuring that access to information laws are fit for purpose and keep pace with change in order to provide effective accountability.
For public services, in all their various guises, to respond to the public there must be an effective system of openness and transparency in place holding both public authorities and other organisations delivering public services to account. Despite the fundamental role that private companies play as one of the major providers of public services, only 23% of the
38 The King’s Fund. Is the NHS being privatised? URL: https://www.kingsfund.org.uk/projects/verdict/nhs- being-privatised
39 Ofsted. Jason Bradbury. Blog: The changing picture in children’s homes sector. 22 August 2018 URL:
https://socialcareinspection.blog.gov.uk/2018/08/22/the-changing-picture-in-the-childrens-homes-sector/
40 Reuters. UK government to cancel private probation service contracts early. 27 July 2018 URL:
https://uk.reuters.com/article/uk-britain-outsourcing-probation/uk-government-to-cancel-private-probation- service-contracts-early-idUKKBN1KH12P
41 Department for Work and Pensions. The Work Programme. December 2012. URL:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/49884/t he-work-programme.pdf
42 National Audit Office. Government Commercial and Contracting: an overview of the NAO’s work. Spring 2016. P. 1. URL: https://www.nao.org.uk/wp-content/uploads/2016/05/Government-Commercial-and- Contracting-overview-NAOs-work.pdf
public we polled thought that information about their activities was accessible.43
The importance of effective accountability and transparency when
services are delivered by organisations other than public authorities was brought into sharper focus in 2018 by the collapse of Carillion which had about 420 UK public sector contracts at the time.44 After the Grenfell Tower fire in 2017, there were concerns about accessing information relating to social housing.45 KCTMO, which was established by the local authority to manage and maintain its housing stock, was not subject to FOIA.