Professional Documents
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Personal On The Edge of An Innovation
Personal On The Edge of An Innovation
Personalisation
On the Edge of an Innovation
By Sarah Thelwall
Personalisation: On the Edge of an Innovation
Contents
1 Introduction 3
1.1 Implementing Personalisation – no longer the why but the
how? 4
1.2 Maintaining enough stability to keep innovating 5
1.3 TUPE and the perpetuation of a two tier workforce 8
1.4 Upgrading the infrastructure to enable smooth spot
contracting 9
4 Bibliography 19
5 Endnotes 20
Personalisation: On the Edge of an Innovation
1. Introduction
supporting approximately 1500 people set out principles which assume that
with learning disabilities. It was formed an individual has the capacity to make
in 1994 as a result of the closure of a decision, and that decisions made on
long term hospitals. Institutional learn- their behalf should only be taken if it
ing disability services were transferred is demonstrated that the person lacks
from the NHS into community that capacity.
residential care provision (serviced
by both private and not-for-profit Valuing People and the MCA have been
providers). Since 1994 Brandon Trust key markers in the personalisation of
has expanded its activities and now services as they supported the shift
operates teams across Bristol, South from establishing why the agenda
Gloucestershire, Gloucestershire, is imperative, to understanding how
Bath and North East Somerset, North personalisation might be achieved in
Somerset, Plymouth and Cornwall. It practice. Indeed the MCA has led to
has also developed a reputation as an the establishment of processes for as-
innovator in the field of care provision sessing an individual’s capacity to make
for individuals with learning dis- decisions which are now a regular part
abilities. Its commitment to delivering of planning and service development
personalised services to the people it with service users and the professionals
supports can be seen not only in the with which they work.
shifts made from large group living to
small groups and individual housing As a provider committed to the ongoing
options, but also in the wide range of development and improvement of
developments in work, learning, and support provision, Brandon Trust has
leisure opportunities which Brandon positioned itself at the leading edge of
Trust has pioneered with its partners service innovation. The charity started
and the people it supports. This developing supported living packages in
reflects Brandon Trust’s attitude to 2002. Supported living enables people
service development – the organisa- to live more independently by giving
tion develops services with rather than them greater influence over their living
for the people it supports. environment. It also gives them a
stronger voice in discussions about how
1.1 Implementing Personalisation their support will be provided, which
– no longer the why but the how? tends to lead to greater flexibility over
the hours and types of support they
Whilst the 2001 white paper Valuing receive. Supported living gives people
People: A New Strategy for Learning both the rights and the responsibilities
Disability for the 21st Century set out of being a tenant in their own home.
the government’s commitment to This is an enormous shift away from
providing new opportunities for children large group residential care and nursing
and adults with learning disabilities, it homes. Reconfiguring long term ser-
was the 2005 Mental Capacity Act vices in this way is presenting a number
(MCA) which created the leverage of structural challenges for Brandon
to ensure its implementation. Valuing Trust, their staff, the health and social
People articulated its new vision based care services professionals with whom
on the principles of rights, indepen- they liaise, as well as the people they�
dence, choice and inclusion. The MCA
Personalisation: On the Edge of an Innovation
support. It is this change process that is been piloted and proven. Both of these
the focus of this paper. require a marketplace which provides
sufficient stability to enable them to
As we move from pilot projects with achieve a return on their investment
small numbers of service users to i.e. a marketplace which rewards the
mainstreaming personalised services calculated risks they are taking. A mar-
and associated contracting, we should ketplace which offers spot contracts
expect to see challenges of scale aris- lasting no more than six months would
ing. With providers who are embracing not be ideal in this scenario.
the shift from block to spot contracts,
these challenges are already evident. Brandon Trust’s Gloucestershire
IThe scale up of personalisation is contract provides an interesting
having a significant effect in three key comparison to the spot contract market
areas: of its Cornwall operations. Set up in
2006 between Health/the Adult Social
•the ability of organisations Care Gloucestershire Partnership and
to maintain enough stability Brandon Trust, this 15 year contract
to keep innovating; covers the provision of services to
161 people. In theory the contract
•TUPE (Transfers of Under- allows Brandon Trust to charge for all
taking, Pension and Employ 161 people irrespective of the actual
ment) and the perpetuation of a number of services users (i.e. they can
two tier workforce; and charge for empty beds). At first glance
one might suggest that this would
•upgrading the infrastructure to hinder innovation. In reality the contract
enable smooth spot contract- provides stability to the partnership
i ing. which has enabled ongoing innovation
in the services provided, controlling the
This first section of this paper explores move from a residential care model to
these three challenges, drawing on the one of individualised supported living
experience and perceptions of Brandon environments. The shrinkage of the
Trust. Sharing how one organisation original contract is managed through
is meeting the challenges of person- annual renegotiations. These discussions
alisation, the paper hopes to develop provide a mechanism for negotiating
insights that might be instructive for whether new services are held under
other providers working to personalise the original contract or negotiated
services in the social care sector, and separately. In this way both parties are
shed light on how a national policy is able to manage the costs and benefits
being translated into action. of the changes.
the services being reconfigured. In small A structure which didn’t ensure the
group accommodation with budgets continuity of care for users and which
based, for example, on 5 people sharing risked disruptions could be deleterious
night cover, it is a challenge to ensure to the health and wellbeing service
the quality of service if one of the beds users. If a provider had to keep chang-
suddenly becomes empty. Providers ing provision mechanisms in order to
struggle to reduce the cost base the reduce costs this would be counter-
moment the bed becomes empty, and productive both for the service users
from Brandon Trust’s perspective it and for Gloucestershire. The contractual
would make a huge difference to have structure therefore ensures that the
external cover to support these periods wellbeing of service users is the primary
of transition. The challenge of reducing driver for both decisions about current
the cost base by 20 percent if a bed provision and future innovation. Bran-
becomes empty is not something which don Trust would argue that this stability
can be addressed by reducing cover by of working environment has enabled it
20 percent – you cannot, for example, to innovate faster and to affect wider-
have 80 percent of a staff member reaching change.
present.
The second challenge of the (in)stability
Equally the local authority is no longer of the environment relates to the
making the decisions about weekly staff questions – who has responsibility for
allocations, nor is it managing the group ensuring the ongoing development of
accommodation and therefore it needs services and how is this paid for? When
to pass the responsibility for empty bed we compare the two year political cycle
cost minimisation to the provider. of the local authority and councillors, to
the five year strategic plans of providers
One of the ways Brandon Trust such as Brandon Trust we can see the
interprets the personalisation agenda is argument for putting the responsibility
a willingness to maintain a central ethos, with the providers and thus making
while at the same time making adapta- it one step removed from the forces
tions depending on local circumstances. of local politics. In block contracting
In Cornwall the strong emphasis from scenarios this works well as there is
the beginning has been on individualised a sufficiently long term view on both
negotiated independent living (see sides to see the benefits of ongoing
Barbara’s story for details, p. 11). This service development. However in spot
produced the clear goal of measurable contracting the risk is that not only will
and high quality outcomes for each shopping around between service pro-
person. However, inherent in this model viders drive down cost (as we’d expect
is flux and change as people’s individual to see in any open market), but service
circumstances are open to the ebb and users will be unwilling to pay for the
flow of life. This situation is not neces- cost of future innovations, particularly
sarily undesirable even though it does if they will not individually benefit from
not contain the core stability of a fifteen them. In this scenario who pays for
year ‘change’ programme, as agreed innovation and where is it located? The
and monitored with the Gloucestershire classic adoption curve from innovators
Partnership. and early adopters through to laggards
– where the innovators pay more to
Personalisation: On the Edge of an Innovation
receive innovations first and the lag- individual budgets do indeed use their
gards pay less but achieve the benefits budgets to buy more varied services.
far later – should not necessarily be The challenge in this diversification of
applied in this setting. However the care is to locate the organisations that
cost structure whereby innovations are still have an overview of the service us-
more expensive when being piloted and ers’ needs and care packages in addition
less expensive once mainstreamed will to detailed day to day knowledge. This
no doubt continue to apply. Who then allows an organisation to spot trends
is responsible for covering the early and in needs and to innovate accordingly.
higher costs? In a scenario where the Such a view is unlikely to be held by
majority of service users have individual service providers working with one or
budgets and take direct payments there two people or providing only very niche
is likely to be a need for a separate services.
development budget into which
providers could pitch. The risk of this Key regional and national providers are
structure however is that, by separating well placed not only to deliver innova-
innovation from delivery the processes tions based on their own experience
of innovation would slow down as it but also to act as hubs of innovation
could not easily be woven into the working in partnership with more spe-
overall delivery plans (as it currently is in cialist providers. There is nothing terribly
regions such as Gloucestershire). new in such an approach – indeed
Brandon Trust has a growing number of
The history of providers such as partnerships. However it is important
Brandon Trust indicates that they see to recognise and actively support the
themselves as a key source of innova- role providers play as innovators for the
tion in the sector. The shift of personnel sector and to look at whether there are
over the past 10 -15 years has resulted opportunities to extend the approach
in many of the key innovators moving to encompass the learnings of micro or
from commissioning roles into provider niche providers. This brokerage role has
roles. This leads to questions about the been explored in detail by Innovation
size of organisations capable of deliver- Exchange, a pilot prgramme for the
ing innovation in this sector. Much Office of the Third Sector in the Cabinet
of the literature cites the new-found Office4. The challenges to the environ-
freedom of individual budget holders to ment for innovation have also been
employ carers of their choice without identified by both Geoff Mulgan5 in his
being limited to picking from the staff study of innovation in public services
and services of the larger providers. and by Matthew Horne6 in his review of
Clearly this has benefits to the service innovation brokers for public services,
user in that they can seek out care in particular the lower tolerance for risk
providers who do not just possess the and preference for tried and tested
skills they require, but are also locally- techniques, and the need to cut across
based and conveniently accessed. Why organisational and professional boundar-
sign up for use of a day care centre if ies (ie to get beyond the professional
you can work with the local community and budgetary silos).
gardening team if you prefer? Anec-
dotal feedback the Brandon Trust care
teams indicate that service users with
Personalisation: On the Edge of an Innovation
1.3 TUPE and the perpetuation of a sion. These require careful negotiations
two tier wo rkforce with the commissioner in order to
ensure that not only will the contract
TUPE is the UK’s implementation of the with the local authority cover the
European Union Acquired Rights Direc- TUPE commitments but also to ensure
tive. It has protected the fundamental that no additional legacy liabilities are
employment contractual terms of transferred. For example there are cases
thousands of staff as they have moved where a pension deficit caused whilst
from government and local authority staff were in local authority employment
employment to outsourced roles with has been transferred to the indepen-
independent providers. It governs dent provider. The appropriateness of
their pay, hours, place of work, annual this is questionable if no provision for
leave entitlements and sick pay. This the cover of such deficits is transferred,
ethical approach to the provision of a i.e. if the liability alone is transferred.
stable working environment for these Brandon Trust carries approximately
staff has kept good staff in the caring £750,000 pension deficit on their
profession, which has benefited the balance sheet as a result of one such
service users, as well as the staff and contract. This issue is exacerbated in
their families. No-one could argue with smaller providers without the resources
the fairness of intentions that underly to offset such liabilities even on paper.
this approach, particularly for those Add this to ongoing commitments to
staff close to retirement who have quite fixed benefit pensions which demand
reasonably planned for a retirement variable contributions going forward
based on the NHS or local authority which can be in the region of 20
guaranteed benefits pension scheme to percent of salary (to be met by the
which they’ve contributed during a long independent provider) and we start to
working career. build a picture of the serious sustainabil-
ity issues facing organisations wishing
The issue of the sustainability of these to continue to utilise these capable and
transfers has arisen not from the act experienced staff members.
itself but from the negotiations with
providers such as Brandon Trust and in TUPE creates two further challenges
particular the liability for pensions and for providers; flexibility and cost. On
redundancy provision. Furthermore the flexibility, TUPE limits the extent to
transfer of staff under TUPE results which providers can transform their
in a liability which far from diminishing services to respond to personalisation.
as staff retire is perpetuated via the Staff covered by TUPE can be moved
Cabinet Office’s Code of Practice for from one work base to another, within
Workforce Matters and expands the reason, and this opportunity may be
liability to cover new, non-TUPE staff used to facilitate the re-configuration
whose terms and conditions would of a service, say from group care to
otherwise be set by market forces. independent living. However, the oppor-
tunity is limited by the scope to move
Employers taking on staff covered by TUPE and Code of Practice protected
TUPE face a number of contractual staff. Where more radical change is
challenges around employment terms, needed, this risks reducing the speed
redundancy terms and pension provi- of transformation to the speed of the
Personalisation: On the Edge of an Innovation
2.1 Barbara and her background After years of institutional care Bar-
bara’s life started changing. First the
Barbara Martin lives in her own home ‘Care in the Community’ changes of
in Launceston, Cornwall. These days the Thatcher government meant that
she makes many of the decisions Barbara moved to smaller group ac-
about how she wishes to live her life, commodation. She was accompanied
from choosing the colour of paint in by a smaller team of dedicated staff
her flat through to deciding what to supporting a group and their specific
cook for dinner and how to spend her needs. However it was only once the
money. These sound like the basics of ‘authorities’ accepted that Barbara
life but for many years such decision would function better if she had her
making was undertaken without own individual accommodation that
Barbara’s involvement. Barbara was significant steps were taken to support
diagnosed with a learning disability as Barbara individually rather than just as
a child; the response was to provide a part of a group.
institutional care in the form of large
NHS long term accommodation. It was
not a question of whether an individual
12 Personalisation: On the Edge of an Innovation
she is better equipped to ask for the a centrally awarded contract the
help she needs. regional director Lynn Toman and her
team spent their time attending com-
2.5 The Cornwall context munity events, discussion meetings
and in one-to-one conversations with
Cornwall went through a series of service users. This ‘Hearts and Minds’
dramatic changes in the healthcare campaign resulted in Brandon Trust
infrastructure under the supervision becoming the single largest provider
of a Special Measures team from the of care services to adults with learning
Department of Health. One of these disabilities in Cornwall. Brandon Trust
changes was in the way in which currently supports 93 people in the
budgets for the care of adults with region.
learning disabilities are managed. As a
result of shifting to individual budgets As Brandon Trust was new to Cornwall
Barbara was able to choose both the they had the freedom of a blank sheet
organisation who provided her care of paper when it came to structuring
and the individual carers who support the local team. They operate a very
her. Barbara chose Brandon Trust flat structure with very high levels of
from a shortlist of three providers and communication between the senior
wrote out a list of names of people she team members (about 10-15 people).
wanted to support her. Why them? “I External assessments of staff views
liked Brandon’s DVD ‘My Unique Life’ on this have repeatedly concluded
– the woman who had the cleaning that this has made the senior team
job, she was just like me. I like the way more accessible and transparent and
Brandon Trust wrote out the plans as if that staff feel comfortable bringing up
direct to me. Lynn and Nick, they came ideas, and articulating the needs and
to meet me and were interested in my problems of the people they support.
life.” It is important to note that up until In the changing roles of service users,
this point Barbara had no choice over the way services are bought in a
who provided her support nor on the market place rather than allocated to a
carers she saw on a day to day basis. provider and the changing roles of staff
There was simply no one through any from nurses and carers to facilitators,
part of the process that sought her community builders and educators this
opinion on such things. transparency and accessibility is more
crucial than ever; as both staff and
The commitment to personalise service users need to easily see how to
service provision has caused Brandon effect change.
Trust to make significant changes in
the way they operate both locally and This changing role of staff was not
as an organisation. Whilst Brandon without its challenges. In particular
Trust has a long record of high quality those with nursing qualifications
care provision in Bristol and the sur- and many years of experience went
rounding area they had not provided through a phase of feeling that their
services in Cornwall before nor had skills were no longer valued in this new
they worked with so large a number of market place where people wanted
people with individual budgets. Instead facilitators not carers, advisors not
of the head office team pitching for duty-of-care managers. However as
15 Personalisation: On the Edge of an Innovation
the team were embedded it became were transferred over from the local
clear that the core people and care authority or the NHS. We see a market
skills were still very much of value, place where the service users are far
even if the ways in which they were more acutely aware of the market rate
provided were changing dramatically. A for the services they are purchasing,
far greater emphasis is now placed on and thus more aware of the impact of
the staff role in building connections in increased costs resulting from highly
communities, researching opportunities variable yet pre-defined staff rates of
and facilitating education and train- pay. An example of the sorts of con-
ing. The result is that both staff and versations and dilemmas this presents
service users feel much more closely comes when a service user is planning
connected to decision-making pro- a holiday and deciding who to take with
cesses and far more involved in them. them as their support staff. Depending
on the staff member it could double
2.6 Development of the Brandon the cost of the holiday and thus call
Trust team into question whether the person can
afford to go.
The Brandon Trust Cornwall team
requires a far greater knowledge of the The issues of the perpetuation of a
internal management processes which two tier workforce and the need for
enable the smooth running of the organisations to build in the costs of
contracts and budgets – this means managing a workforce, their training,
tighter financial management month and new service development is put-
to month, and greater knowledge of ting services under further strain now
what causes over or under spending. that the local authority in Cornwall
They have established indicators have capped the rate that they are
earlier in the delivery process to flag up willing to pay to £15.69/hr (with excep-
differences between the service level tions being made for certain types of
that has been contracted and actual highly specialised provision). To date
delivery. This is particularly important Brandon Trust has demonstrated that
when making provision for unplanned when they are transparent with their
or emergency changes in the support customers about how services cost
provided – for example, if a service are created, then there is definitely a
user falls ill and requires hospitalisa- willingness to pay extra for the quality
tion. Brandon Trust has changed its that Brandon Trust represents. There
contracting so that such eventualities is of course a limit to how much extra
are costed and approved at the start people will pay. The business challenge
of a contract and only charged for if that Brandon Trust is facing is how
circumstances require it. to decide which business to pitch
and which business would require a
The challenges of TUPE and the ways compromise of their core values and
in which the ongoing service delivery quality levels (and is thus not business
and development costs are covered is worth winning).
a live issue in Cornwall as service users
have the flexibility to change providers
at six month’s notice. Approximately
80 percent of Brandon Trust staff
16 Personalisation: On the Edge of an Innovation
4. Bibliography
5. Endnotes
. Leadbeater, C.,
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Bartlett, J., Gallagher, N. (DEMOS), Making it Personal, 2008
. ACEVO, Making it Personal: A Social Market Revolution, 2009
3. According to the ADASS/LGA survey as quoted in ADASS’s report on the
milestones www.adass.org.ukimages/stories/Milestones%20for%20PPF%20-
%Final%209.0.09.pdf
4. Innovation Exchange, Innovation Exchange: Supporting Third Sector Innova-
tion through Brokerage, 2009
5. Mulgan, G and Albury, D., Innovation in the Public Sector, PMSU, Cabinet
Office, London, 2003
6. Horne, M., Honest Brokers: Brokering Innovation in Public Services, Innovation
Unit, 2009
21 Personalisation: On the Edge of an Innovation