Significant structural change within local authorities is taking place following the Children's Act. Most library services are 'simply' transferring into new directorates but some have chosen more radical options. John Pateman looks at developments.
The Children's Act will usher in the most far-reaching reforms to children’s services in 30 years. Such reform does not come without complex co-ordination, changing working patterns, funding issues and staff support and training.
Breaking down old structures and introducing new ways of working will be challenging, particularly given that embracing a multi-agency approach to children’s services means clear co-ordination and accountability between health, education and social services. Children’s services will be joined up right at the heart of government, involving both central government and those working locally.
The Children’s Act secured Royal Assent on 15 November 2004. It is the legislative spine on which the reform of children’s services will be built. It establishes for England:
- a Children’s Commissioner to champion the views and interests of children and young people
- a duty on local authorities to make arrangements to promote co-operation between agencies and other appropriate bodies (such as voluntary and community organisations) in order to improve children’s well-being
- a duty on key agencies to safeguard and promote the welfare of children
- a duty on councils to set up Local Safeguarding Children Boards
- provision for indexes or databases containing basic information about children and young people to enable better sharing of information
- a requirement for a single Children and Young People’s Plan to be drawn up by each council
- a requirement on councils to appoint a Director of Children’s Services and designate a Lead Member
- the creation of an integrated inspection framework and Joint Area Reviews to assess local areas’ progress in improving outcomes
- provisions relating to foster care, private fostering and the education of children in care
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The well-being of children is defined by reference to the five outcomes of Every Child Matters:1 be healthy; stay safe; enjoy and achieve; make a positive contribution; achieve economic well-being. These outcomes are in line with the strategic objectives for public libraries as set out in Framework for the Future.2 While the strategies are similar, the appointment of a Director of Children’s Services (and a Director of Adult Social Services) will require significant structural change across the local authority. Where will libraries fit into these new arrangements? There are a number of options, ranging from the status quo and relocating to other parts of the council, through to non-profit distributing organisations (such as trusts) and commercial providers.
Staying in house
If library services are to be retained in-house, the status quo may be possible but it is more likely that there will be some restructuring. Library services could form part of the children’s services department or they could join other service areas to form a new directorate. There is a strong case for grouping together those areas that are predominantly about public service or social improvement, such as libraries, adult learning, arts, grants and social services. Or libraries could be placed within an economic development framework and be grouped with tourism and heritage. The strengths of this approach are that it is easy to deliver and is a low-cost option. There are opportunities to access new budgets and it provides staff continuity and security. This approach allows restructuring to occur very quickly, but it is not very radical. The evidence so far suggests that most library services are going down this road.
Solihull created a Directorate of Education and Children’s Services in September 2002 as part of wider restructuring, pre-empting the government’s expectation of joint directors and in preparation for working towards a children’s trust. The library service moved out of the former Education, Libraries & Arts Department and into a new Community Services Directorate (also including arts, lifelong learning, sport, leisure, parks, environmental maintenance, waste, recycling, transport and highways).
In Blackpool a new Children’s Services Directorate was established in May 2004 which replaced the Education Department. Cultural services (libraries, arts, heritage) adult learning, and leisure services left the old Education Department and formed a new directorate.
In Gateshead, libraries have moved out of Learning & Culture (which is now Children’s Services) and transferred to Community Based Services. The Isle of Wight library service has moved out of the Education Directorate (now Children’s Services) and into Adult & Community Services.
Hackney set up a Children’s Directorate but libraries stayed in Community & Leisure. Warrington libraries moved from Education (now a Children’s Services Directorate) into a Community Services Directorate (comprising adult social services, housing, adult learning, culture, community development, community buildings and sport).
Northamptonshire is creating a Community Services Department which brings together cultural services (libraries and information services, records and archives services, adult learning, sports development, arts development, student grants and countryside services) and community services (adult social care, physical health, learning disability and mental health). Several other county councils are taking a similar approach: Nottinghamshire (Culture & Community), Leicestershire (Community Services), Cambridgeshire (Environmental & Community Services), Norfolk (Cultural Services), Wiltshire (Corporate & Library Services), Derbyshire (Cultural & Community Services), Hampshire (Recreation & Heritage).
A library trust
A new non-profit distributing organisation such as a trust could be created as a special purpose vehicle for delivering library services. A small client side function (policy, contract management and monitoring) would be retained in the council, and savings could be sought in central service departments. The trust would have a board made up of independent individuals and council nominees. Staff would be transferred to the trust (under TUPE, the Transfer of Undertakings [protection of Employment], regulations) and a suitable structure established. Buildings would be retained by the council and let to the trust. Library collections would become the property of the trust. A service-level agreement would be drawn up and agreed, along with targets and monitoring procedures.
The trust could invest or borrow, receive funds from third parties, and set appropriate charges. An agreed fee would be paid by the council to the trust to cover the cost of services. The strategy would be agreed periodically and then the trust given space to get on with it. The trust could redeploy its workforce to avoid duplication and offer a new, dynamic and joined-up service.
A trust could be established just for library services or for a range of services such as libraries, archives, heritage, museums, arts, grants and adult learning. Library services could join an existing trust, or parts of a library service retained in house and other parts outsourced to a trust. In large county councils, the county could be divided geographically, and a trust set up in each area, possibly in partnership with a district council.
The strengths of this approach are a robust, dedicated governance and management structure, some cost savings and long-term policy making. A trust can embrace new techniques and approaches, draw in appropriate expertise and create partnerships. A trust protects the council from most risks, is accessible to external funding and philanthropy, and has been proven to work.
In 1998 Hounslow Borough Council transferred a number of services to CIP (Community Initiative Partnerships), a leisure, cultural and regeneration agency. CIP took over the management of libraries and the schools library service, leisure centres, sports development, museums, archives, parks, tourism, children’s play, community arts, cemeteries, allotments and grounds maintenance. CIP has an annual turnover of £22m and employs 500 full-time equivalent staff. Any profits made by CIP are reinvested in services. For example, money can be reallocated from the profit-making leisure centres to the library service.
Services across CIP’s portfolio have shown clear improvements during the last seven years, including a 50 per cent increase in the number of child members of the library service. The current annual saving since CIP was created is more than £3.5m to Hounslow. A robust partnership with the council has enabled CIP to secure funding for additional projects on a regular basis.
In 2003, Wigan Leisure & Cultural Trust was created as a non-profit distributing organisation, which reinvests any surplus to improve services. (See p. 38 of this issue.) The trust is a registered charity and is maintained by external funding and income generation. External funding includes an annual grant from Wigan Council, and the trust’s buildings and facilities are leased from the council. The trust is managed by a board of trustees, which has the responsibility for ensuring the trust is managed appropriately.
The trust is responsible for libraries, museums, heritage, children’s information services, tourism, festivals, arts, galleries, sports development, parks, leisure halls, events, grounds maintenance, playing fields and cemeteries. The aim of the trust is to bring more investment and a more entrepreneurial culture, following the Social Enterprises model. The library service, for example, has become more business-like in its management of processes, staff and performance. The comparatively weaker areas in the trust’s portfolio (sports and leisure centres and the library service) are improving rapidly due to a new common vision and the ability to redirect funding from relatively affluent services within the trust into areas of need.
Commercial contractor
In many respects customer-facing services are ideal for private involvement, and businesses are attracted to secure revenue streams which come with statutory services. There is no reason why a private contractor could not provide library services, as long as the margins are agreed, the use of surpluses carefully limited in the contract, and the accounts well regulated and audited. Libraries already use commercial contractors for many aspects of their work – cleaning, catering and facilities management as well as book accessioning, storage, data processing, exhibition design, conservation work and security services. There has been an interest in the Private Finance Initiative and related approaches, especially in the building and financing of libraries (such as Bournemouth), but the ongoing role is limited to facilities management, not service delivery.
Some councils have outsourced some of their core support functions to private sector providers. Lincolnshire County Council, for example, has transferred its personnel and finance functions to Hyder Business Services. This relationship is operated as a strategic partnership and it is feasible that Hyder could also manage and employ existing staff in delivering some or all cultural services (including libraries), although it is unclear how it might strengthen its sector-specific skills to do this.
Similarly Leisure Connections, a commercial enterprise supplying predominantly sport and leisure facilities to a wide range of local authorities, has tooled up to run arts development and events for North Kesteven District Council. This could be extended to include the management of library services. There are some examples of commercial operators running heritage attractions, such as Warwick Castle.
A contract specification would be prepared and tenders invited for the operation of library services. In reality, there is as yet no commercial enterprise set up to tender for such a contract in the UK, but it does not mean there never will be. The advantages of this approach are that it is a widely used route in other services, it may bring in capital and efficient business skills, contracts can be clear and explicit, and targets can be both rigorous and incentivised.
The Children’s Act 2004 represents the biggest-ever change in the organisation of children’s services, and its implementation will be a colossal challenge for councils and library services. The strategies, structures, systems and cultures of libraries must be reviewed and adapted to bring them into line with the outcomes of Every Child Matters. This will require new service models and processes for service delivery. Libraries will need to consider issues such as information sharing and security. There will be a greater need to communicate and co-operate efficiently. And there will be an emphasis on joint commissioning and procurement.
Libraries have much to gain and nothing to lose from these new opportunities. The result should be redesigned library services that fit the requirements of children, young people and their families.
References
1 Every Child Matters, 2003.
2 Framework for the Future. Department for Culture, Media & Sport, 2003.
John Pateman is Head of Libraries, Lincolnshire County Council (john. pateman@lincolnshire.gov.uk).
Updated: 20 September 2005