We’re recruiting

As the first step in further strengthening our brilliant team, this week we started advertising for a new education-focussed Assistant Professor (£42-50k). Soon we’ll be advertising for research and teaching academics at various grades – Assistant Professors, Associate Professors and full Professors – watch this space!

The Institute of Local Government Studies (INLOGOV) is the leading UK centre for the study of public service management, policy and governance. With over 50 years of experience working within local government and the public sector, INLOGOV creates the new thinking with public servants.  INLOGOV sits in the School of Government, which is one of the largest in the United Kingdom – home to more than 80 full-time academic staff, more than 1,200 undergraduate and taught postgraduate students, and more than 70 doctoral researchers. The School is intellectually vibrant with an excellent record in both research and teaching.


INLOGOV offers a range of postgraduate degree programmes, at Masters, diploma and certificate levels, with a thriving doctoral research community.  Our taught postgraduate programmes include a full-time on-campus Public Management MSc, an on-line Masters of Public Administration, a blended Degree Apprenticeship in Public Leadership and Management, and study opportunities for research degrees (MPhil or PhD).    


INLOGOV’s teaching is informed by a robust and innovative research agenda.  Building on our rich history of research addressing the institutional and political life of local government and public management, our research now reaches beyond these traditional structures and actors to address governance, democracy, leadership, participation, policy-making and service delivery at and across multiple scales and issues.
The successful post holder will be enthusiastic about teaching and able to teach students from new graduates to experienced professionals in areas such as public management and service delivery, policy making and implementation, participation and democracy, governance and devolution, or public sector economics and finance.  The post holder will teach on campus and online.  A range of CPD opportunities will be available.  

Role Summary

You will contribute to a range of education-related activities.  In addition, you will be expected to demonstrate academic citizenship, developing and maintaining mutually respectful and supportive working relationships with all staff and students, and ensuring the way you carry out your role impacts positively on how others carry out theirs. 

Teaching is likely to include a substantial contribution to: (a) the management, development and delivery of teaching and assessment at all levels; and (b) enhancement of the student experience and employability.  The role will also involve developing and advising others, including: (a) providing expert advice to staff and students, and (b) developing and advising others on learning and teaching tasks and methods. 

You will be expected to advance teaching and learning practice in your modules within the school, take a role in leading curriculum development, and play an important role in student academic and pastoral support.  You will deliver excellent teaching that inspires students and is informed by discipline-based research. 

Management and administration is likely to include developing and making substantial contributions to knowledge transfer, enterprise, business engagement, public engagement widening participation, or similar activities at Department/School level or further within the University.
 

Person Specification

⦁    Normally, a higher Degree relevant to the discipline area (usually PhD), or equivalent qualifications.
⦁    Extensive teaching experience and scholarship within subject specialism.
⦁    Proven ability to devise, advise on and manage learning.
⦁    Skills in managing, motivating & mentoring others.

Teaching
⦁    Ability to design, deliver, assess and revise teaching programmes. 
⦁    Extensive experience and demonstrated success in developing appropriate approaches to learning and teaching and advising colleagues. 

Management Administration
⦁    Ability to contribute to School/Departmental management processes.
⦁    Ability to assess and organise resources effectively.
⦁    Understanding of and ability to contribute to broader management/administration processes.
⦁    Experience of championing Equality, Diversity and Inclusion in own work area.
⦁    Ability to monitor and evaluate the extent to which equality and diversity legislation, policies, procedures are applied. 
⦁    Ability to identify issues with the potential to impact on protected groups and take appropriate action.


Desirable areas of teaching experience 
Experience of teaching in one or more of the following areas:
⦁    Public management and service delivery
⦁    Policy making and implementation
⦁    Participation and democracy
⦁    Governance and devolution
⦁    Public sector economics and finance
 

For full details and to apply please see: https://bham.taleo.net/careersection/external/jobdetail.ftl?job=220000E2&tz=GMT%2B01%3A00&tzname=Europe%2FLondon

For an informal discussion of the role, please contact Dr Karin Bottom, Head of Education ([email protected]) or Jason Lowther, Head of Department ([email protected]).

Women in (West Midlands) Governance: A patchy metamorphosis

Chris Game

Yes, I did blog really rather recently on the topic of ‘Women in local and national governance’; and yes, I did conclude it by pledging to “retire gracefully from this particular field of research”.

But that was before I found myself fruitlessly upending my flat for anything conceivably useful to the Ukrainian refugees for whom one of my ward councillors was commendably collecting. Finding virtually nothing I could honourably offer, it was cash to the Disasters Emergency Committee, who assured me the UK Government would double my donation.

However, among the dust-covered treasures I’d totally forgotten, and spared the Ukrainians, was my 1975 Municipal Year Book (MYB) – a hefty, royal blue tome of 1,400-plus extremely closely printed pages, taking up over three inches of shelving.

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In pre-computer decades, when I joined INLOGOV, it was the proverbial local government bible – the 1975 MYB listing all 564 of the UK’s so-called principal local authorities plus, individually, their 26,467 councillors and further thousands of principal officers.

Several years later a thoughtful colleague, Ray Puffitt, bequeathed me his signed personal copy, possibly in exchange for my not pressing him to lecture to my undergraduate students.

Thoughtful because 1974/75 was, of course, the year of large-scale local government restructuring – or, in MYB-ese, ‘re-organization’. There were now far fewer councils and councillors, but these were the ‘new’ and therefore more relevant ones – which explains how I acquired my edition, though obviously not why it wasn’t binned decades ago.

Anyway, having discovered this 1975 stash of raw research data, I thought I’d share with you (and Birmingham Post readers) how much statistically women’s presence and visibility in our West Midlands local governments have changed in the past nearly half-century.

My earlier blog concluded by noting how Paulette Hamilton’s recent by-election victory for Labour in the Birmingham Erdington by-election had taken the proportion of women MPs over 35% for the first time. Moreover, that she and the six other women by-election winners since 2019 had – another first – made the Commons more gender-representative than our elected local governments, whose UK-wide proportion of women councillors has seemingly become stuck in the low 34%s.

Internationally, both percentages would get us, just, into the top quarter of the respective rankings. In educational lingo, though, it would be a “disappointing, could surely do better”.

If the Parliaments of Cuba, Mexico, New Zealand, Iceland and all Scandinavia can have more than 45% of elected women, why can’t we – or, more precisely, why doesn’t our huge Conservative Party majority comprise even a quarter? Similarly, if local government in countries as diverse as Bolivia, Tunisia, Iceland, Uganda, Namibia and Mexico can attract at least 45% of women elected members, why can we barely manage one in three?

At least, though, the picture has changed, or improved, hugely in the past half-century, which is what the rest of this blog is about – focusing on the metropolitan West Midlands.

I hadn’t moved to Birmingham in 1974/75, but I reckon that even without research I could probably have named the incumbent West Midlands’ women MPs – because, though few, they were all exceptional and established national reputations.

One, indeed, would have me as an Edgbaston constituent for the latter part of her elective parliamentary career: Jill (later Dame Jill) Knight, MP from 1966 to 1997.

The other three were all Labour: in West Bromwich another Dame-in-Waiting, Betty Boothroyd (1973-2000), latterly Speaker of the Commons. In Coventry West was Audrey Wise, and in Wolverhampton NE Renée Short. A formidable quartet.

Their successors are, necessarily, impressive too, and the reason I couldn’t immediately name them all is not just my ageing memory, but that there’s a full dozen of them. Eight Labour – including all three of Coventry’s – and four Conservatives out of West Midlands’ 28, or 43%.

Yardley’s Jess Phillips is, I’m guessing, probably best known, and she is one of just two of Labour’s eight who aren’t from minority ethnic backgrounds. Overall, another massive change from the mid-70s.

What about councillors?  Would the MYB’s council listings actually identify women members, and, if so, how?  Fortunately, they all risked the accusations of chauvinism and did – though in differing ways.

Birmingham, for example, gave first names – of all women members, while initialising the men. Then, as now, it was a Labour-dominated Council, 21 (17%) of whose 126 Members were women, including two Fredas, two Marys, and an exotic-sounding Carmen from Coleshill Road, B16. Oh yes, and a future Leader of the Council, Birmingham Lord Mayor, and wife of a Professor John Stewart.

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The other councils preferred marital status: almost always Mrs, with the very occasional Miss. Across the seven West Midlands councils Labour members outnumbered Conservatives by two to one, which was broadly reflected in women’s representation, with comfortably Tory Solihull managing just one woman out of 51 members.

However, the gender blend on Labour-run Coventry and Walsall Councils wasn’t that much better – four women on councils of well over 50, and one can only imagine how, on occasion, they must have been treated.

And no point whatever seeking empathy from senior women officers – because quite simply there weren’t any. Sorry, not strictly true. Of the 101 listed Principal Officers in the seven WM Councils, Miss H Clark, Wolverhampton’s Housing Manager, was the sole woman.

It’s here that the culture has changed most dramatically. Today, try counting the number of women in the senior managements of the seven West Midlands metropolitan councils, and the very first name you’d encounter would be Birmingham City Council Chief Executive: Deborah Cadman OBE – heading a 13-strong team of service Directors, including four more women.

Remarkably, though, that 38% female senior management puts Birmingham at the foot of this particular league table, which is headed by Dudley and Solihull with 75% and 67% women senior managers respectively, followed by Walsall with 57%, headed by CE Dr Helen Paterson. In this sphere of local government at least, there has indeed been a metamorphosis.

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Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.

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A version of this blog – ‘Equality progress – but room for improvement’ – was published by the Birmingham Post, March 24th, 2022 https://www.pressreader.com/uk/birmingham-post/20220324/textview

Transitional safeguarding – putting children first

Cllr Ketan Sheth

Picture credit: https://drugpolicy.org/issues/protecting-youth

Most of us can remember as teenagers those exciting moments of independence, of achieving the landmarks of adulthood; perhaps learning to drive; our first relationship; our first job. These landmarks all signify moments of increasing maturity, of independence, but each of these landmarks remind us that there is no one moment of independence. We don’t flip a switch to become a grown-up – one day a child, one day an adult. Maturity is a gradual process, a high wire that we walk where most of us benefit from a safety net of parents, family, friends. 

For our most vulnerable children and young people too, there isn’t a switch and sadly too often they don’t have the safety net they need. There is now much more emphasis on the transitional period so that services extend from aged 16 to around 25. There should not be abrupt changes to a service just because someone reaches the age of 18, with its attendant risk of falling between the gap where services don’t always join up!

In recent years, safeguarding children and adults has become increasingly complex, with risks such as sexual exploitation, gang and group offending and violent crime challenging the children’s and adults’ safeguarding workforce to identify opportunities for innovation. The notion of transitional safeguarding is an emerging one, not currently widely applied in policy or practice. Its implementation requires changes in policy and practice and across systems involving all agencies. 

However, some local authority areas, like Brent, are already innovating and creating opportunities for more flexible and bespoke support, and providing valuable experiences for young people at a key point in their lives. This makes sense in most circumstances, but keeping vulnerable young people safe as they transition from adolescence to adulthood challenges us all to remember that becoming an adult is a process of transition, of many moments. 

Transitional safeguarding is an emerging area of practice where we challenge ourselves in public service to make sure we keep that safety net in place; that we help keep safe and promote the well-being of our young people when they need it most, regardless of the artificial barriers of age, and including during those important times of transition to adulthood. 

Supporting young people’s safety and well-being during the transition to adulthood is not only morally and ethically important, but it is also important for the future health of society and future generations. Young people may experience a range of risks and harms which may require a distinct multi-agency safeguarding response, and safeguarding support should not end simply because a young person reaches the age of 18. Investing in support to address harm and its impacts at this life stage can help to reduce for the need for specialist and statutory intervention and criminal justice involvement later on in life.

In Brent, my scrutiny committee recognises the importance of taking this holistic, broad view for our Brent young people. We believe we are well placed to be at the vanguard of these developments, with promising pilot work, in collaboration with partner organisations, already completed to change and enhance services; and my scrutiny committee are recommending that Brent develops a council-wide approach to transitional safeguarding by working with those young people who need us most.

And most importantly, I think that everybody has a valuable contribution to make to the transitional safeguarding agenda to help improve our practice for the better outcomes of all our most vulnerable young people; and indeed, the service is there when they need to use it.

Cllr Ketan Sheth is Brent Council’s Chair of Community and Wellbeing Scrutiny Committee 

Do shared services improve resilience?  Mixed evidence from district councils during the Covid-19 pandemic

Dr Thomas Elston and Dr Germà Bel

Inter-municipal collaboration, often referred to as ‘shared services,’ has gained a significant foothold in English local government over the last 10-15 years, bringing England into line with much of mainland Europe and the USA. 

This model of jointly providing public services across two or more local jurisdictions, whether through a ‘joint committee’ or ‘lead authority’ model, or by joint commissioning of a private contractor, was primarily intended as an efficiency measure through which cash-strapped councils might attain new economies of scale during the ‘age of austerity.’  Limited evidence to date unfortunately suggests that councils’ large cost-saving aspirations have not tended to be been matched by achievements, though more research is needed.

Nonetheless, when councils and management consultants were preparing their ambitious shared service business cases, typically in the early 2010s, improved service quality and better resilience in the face of unexpected adversity were also named as advantages of the shared services approach, alongside efficiency.  Since efficiency and resilience are often regarded as mutually incompatible (e.g., slack resources are inefficient but protective against shocks), and given that there are few if any empirical tests of the relationship between shared services and business continuity in existing literature, we set out to investigate.

Taking the first Covid-19 lockdown during the spring of 2020 as the sudden and severe ‘adversity’ against which local government resilience was tested, we compared levels of service disruption in collaborating and autonomous councils compared against pre-covid performance, controlling statistically for potential alternative explanations.  Our analysis focuses on revenues and benefits departments in district councils, since a significant proportion of these (ca 30% at the onset of Covid-19) are operated collaboratively.  And we focus on the administration of Housing Benefit specifically, for which robust, high-frequency (monthly and quarterly), and multi-dimensional (speed, quality and cost) performance data is available.

Our study found that disruption of Housing Benefit application processing speeds during lockdown was unrelated to mode of service provision.  For both shared and autonomous arrangements, performance worsened slightly during lockdown, before resuming its pre-pandemic trajectory over the summer of 2020.  However, collaborating councils did show less of a decline in service accuracy objectives during lockdown, measured as both the identification of new debt owing to benefit overpayments (not shown) and, particularly, the recovery of such debt from claimants (shown in the graph below).  These mixed results – no effect on speed, partial protection for accuracy – proved robust to various different econometric specifications.

Average value of debt recovered from Housing Benefits claimants as percentage of total debt outstanding, comparing ‘stand alone’ and collaborative provision, Q4 2018–19 to Q1 2020–21

There are a variety of possible explanations for this pattern. 

First is that the apparent resilience in debt identification and recovery is simply an artifact of the performance differential between shared and autonomous revenues and benefits departments pre-pandemic.  As the graph above indicates, and contrary to business-case predictions, shared services (grey dashed line) appear to be consistently associated with less debt recovery prior to COVID, meaning that autonomous councils simply had ‘further to fall’ during the emergency, producing their appearance of reduced resilience. 

Second, and more substantively, is that high-performing organizations can fall into ‘success traps’ or ‘competency traps.’  According to existing literature on organizational resilience, the low level of challenge facing high-performing organizations during ‘normal’ times can leave them complacent and ill-equipped to deal with unexpected adversity; whereas less-successful organizations are more familiar with confronting and managing adversity in their everyday operations, and thus better rehearsed for managing crises.

Third is that there genuinely is something about the shared services model – be it the increase in operating scale, the balancing of peaks and troughs in demand and resourcing across different partners, the greater experience of remote working prior to COVID, or the lock-in effects that arise when service operations are specified in contracts or service-level agreements – that enables collaborative arrangements to better withstand the challenges of service delivery during lockdown.

Finally, it is interesting to consider why the partial resilience revealed in our data is concentrated on debt identification and recovery, rather than speed – recognizing that bureaucracies often face a trade-off between speed and accuracy of decisions.

Studies of goal conflict suggest that organizations can cope with such split objectives by prioritizing those that are most valued by their largest or loudest constituency.  Benefit claimants and their landlords favour speedy service, whereas central government (which funds Housing Benefit) advocates accuracy.  But perhaps Whitehall overseers pursued this agenda less forcefully during the pandemic, when many distractions arose and when preservation of life and livelihoods was clearly better served by providing speedy financial support to vulnerable populations than by auditing prior applications.

Alternatively, goal conflict can also be address by sequencing – addressing one goal first, and then another. Whereas poor timeliness of benefit processing cannot be subsequently rectified (once a payment is late, it is late), poor accuracy can be corrected subsequently through greater attention to and resourcing of debt collection later in the year or in future years. The debt will still be owed, albeit the risk of debt write-off will be higher. Future research will be able to test this ‘catch-up’ hypothesis once data on debt identification and recovery during subsequent quarters of the pandemic is released.

Overall, then, in contrast to the questionable financial benefits of shared service adoption in the English context, this study has indicated that possible advantages may be gained in terms of service resilience.  We have just secured a research grant to replicate and expand this research agenda into additional service areas and over a longer time frame.

This blog is based on research recently published in Public Management Review.

Dr Thomas Elston is Association Professor of Public Administration at the Blavatnik School of Government, University of Oxford.  His research focuses on the organisation of public services, and particularly on questions of performance, resilience, reform and democratic control.  His work on shared services has been published in JPART, Public Administration, Public Management Review, and Public Money & Management.

Dr Germà Bel is Professor of Economics and Public Policy at the University of Barcelona.  His research deals with the reform of the public sector, with a special focus on privatization, regulation, and competition. His research pays particular attention to local public services, transportation, and infrastructure. His work on shared services has been published in JPART, Public Administration, Public Management Review, Local Government Studies and Urban Affairs Review.

Women in local and national governance: the balance (at least in the UK) has shifted

Chris Game

One thing I’d expect most of this blog’s readers broadly to agree on is that UK ‘local’ government should really be given what grammarians call doubt quotes. It ceased long ago to be meaningfully local, decades before the next generation of county-based levelling-up deals.

So, I thought, where better to start this International Women’s Day (IWD) overview of women’s elected presence in local and central governance than at the other extreme: Barbuda, the alphabetically secondary part of Antigua and Barbuda, the Caribbean country comprising these two Leeward Islands plus several enticingly named even smaller ones: Great Bird, Prickly Pear, etc.

Constitutionally almost just like us, A & B is a unitary, parliamentary, representative democratic monarchy: a two-House Parliament, with only the lower House directly elected, but Labour faring rather better than they have done here lately. Here’s the thing, though. The two main islands are wildly unbalanced – Antigua with over 97% of the nearly 100,000 population, Barbuda barely 2%.  Yet Barbuda is the one, for 45 years now, with the local democratic smarts: its directly elected Barbuda Council.

The island of Antigua is run by – yes, you guessed – ‘The Ministry’; in this case MESYGA, the Ministry of Education, Sports, Youth and Gender Affairs. Barbuda has not only its elected 11-member Council, but, as you’ll see from its Barbudaful website, a majority of women members and a woman Chair.

Such councils anywhere are rare, which is why – I could sense you wondering – Barbuda’s is deservedly up front on IWD, or in UoB’s case the start of International Women’s Month.  And the remainder of this blog will draw on some of the other amassment of data in surely THE most fitting sourcebook for the day.  Entitled, with needless modesty, a ‘Working Paper’, it’s UN Women’s  Working Women’s Representation in Local Government: A Global Analysis, authored chiefly by Ionica Berevoescu and Julie Ballington, published December 2021 – and it’s a treasure trove.

The overview of new local-level data that ideally should constitute the core of this blog is inevitably pretty summary, but needs to be made even more so by at least a brief reference to the subject’s overall political context and importance. Women’s rights to equal political participation at all levels of government have for the past quarter-century been variously asserted, affirmed, and endorsed in proclamations of international goals, most importantly in the 2030 UN Agenda for Sustainable Development Goals (SDGs) – Target 5.5 being to “ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life” (emphasis added).

It’s that new indicator – extended to women’s representation in the world’s local governments, or at least 133 of them in early 2020 – that this blog was going to be primarily about.  It got kind of overtaken, though, by the even bigger question: Are women worldwide, as has long been the case in Britain, better represented in local than in national governments?

Given the nature of local governments’ usually major service responsibilities and expenditures, my personal feeling was that it would be rather regrettable if they weren’t – the more so if I was wrong on the UK figures, and, instead of simply getting closer by the year, they could be shown statistically finally to have crossed over.

SPOILER ALERT!  However, since, and probably even before, last Thursday’s Birmingham Erdington parliamentary by-election – in which Labour’s Paulette Hamilton became the seventh woman victor in this Parliament’s eight by-elections and the fifth to replace a male predecessor, bringing the total of women MPs to a record, and statistically significant, 225 – I WAS wrong.

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Here’s how. Thanks to the Inter-Parliamentary Union’s annual tabulations, we’ve been able to track that part of the international picture for decades.  In the 1990s the top women-friendly countries were notably Euro-dominated, though with no help from us.  In !997, for instance, the only five Lower Houses internationally to have more than 30% women memberships were Sweden, Norway, Finland, Denmark and the Netherlands. New Zealand, the Seychelles, Argentina and Mozambique were trying, but the UK was down in an embarrassing 50th place and unable to manage even double figures. Ahead, admittedly, of France and Greece, but that was about it.

Ten years on, thanks considerably to the arrival of variously legislated or voluntary gender quotas, the overall picture had improved, and Rwanda had crashed the 50% barrier, with 45 (56%) women in its 80-seat Chamber of Deputies. Cuba and Argentina were over 40% … and the UK, though still just ahead of France, was down to 60th, struggling now to reach 20%.

Today – or, more precisely, in last month’s IPU Parline rankings – the global picture has become more variegated still. The top 15, with around 45% or more women, currently comprise five countries from each of Europe (Iceland, Andorra, Sweden, Finland, Norway) and Latin America (Cuba, Nicaragua, Mexico, Bolivia, Argentina), two African (Rwanda, of course, and South Africa) and one each from Asia (United Arab Republic), Australasia (New Zealand), and the Caribbean (Grenada).

And the UK?  Up to a hardly glorious 45th alongside Dominica – with just over the one in three, which at least is better than the House of Lords’ 28.6%.

So … the big question was: Is our local government today – still, as always hitherto – more gender representative than our national elected legislature?

As you may sense, I wasn’t bringing absolute researcher detachment to this exercise. It was posed in the hope/expectation that it would prove to be what Latin scholars call a ‘nonne’ or affirmative question, expecting the answer ‘Yes.’  Of course there’d be a higher proportion of women councillors than women MPs – wouldn’t there?

I knew the 2019 General Election stats: 220 women MPs, including, obviously for the first time, majorities of both Labour and Lib Dem Members. Congrats, obviously, to them, but, with the Conservatives’ massive majority comprising under a quarter of women, local government would still have at least a narrow percentage lead – wouldn’t it?

But then began, as noted above, the striking trend of victorious women by-election candidates replacing former male MPs, and when Paulette Hamilton did her thing last Thursday, I was getting seriously nervous.  225/650 is 34.6%; rounded up becomes 35% – an all-time record, which is obviously a ‘good thing’, but worryingly close to what I reckoned the local government figure to be.

To cut a potentially tedious story short: if, as we relatively rarely do, we compare the whole of UK local government – as opposed to that of England, or sometimes England and Wales – it currently makes the decisive difference.  For the first time, authoritative, genuinely compiled and comparable statistics showed there to be proportionately more women MPs than women councillors.

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I shall now retire gracefully from this particular field of research and address something perhaps more rewarding – like whether being a plurinational, rather than merely multinational, state somehow boosts women’s electoral prospects.

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Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.

The Good Law Project – proud to be judged by its enemies

Chris Game

“I ask you to judge me by the enemies I have made”. No, not Ukraine’s remarkable President Zelenskyy, fitting though it would seem. It’s generally attributed to the rather longer-serving US President Franklin D Roosevelt, an at least equally appropriate author for this column’s political theme.

But who in the last fortnight’s UK politics might have prompted FDR’s “judge me by my enemies” thought?  Well, it wasn’t exactly a ‘who’.  Rather, a smallish, youngish, not-for-profit campaigning organisation doing its best to challenge abuses of power, inequality and injustice, mostly by Government departments and Ministers, in cases bigger, better-funded organisations hesitate to take on.

And they do have an appealing name – the Good Law Project (GLP).  Which is fortunate, since appealing is how they’re largely funded – through donations and periodic crowd-funded contributions to cover specific cases, as in this instance.

In a few short years, dominated by our EU exit and Covid, they’ve also racked up a pretty appealing court record, unless of course you view it as, say, a recent or current Government minister.

You’ll recall that Boris Johnson, within weeks of becoming PM in July 2019, ‘advised’ the Queen to prorogue/shut down Parliament for an unprecedented five weeks, thereby avoiding further parliamentary scrutiny of the already thrice-defeated Brexit withdrawal agreement, and enabling the UK potentially to leave the EU on October 31st without a deal.

The Queen had little constitutional option but to accede. Others, though, did. The GLP crowd-funded an appeal, sufficient to allow lawyers to petition first the Scottish Appeal Court, then the UK Supreme Court. You can maybe even re-picture the historic, televised, unanimous 11-judge ruling, delivered by the UoB Vice-Chancellor’s most recent Distinguished Lecturer, the Supreme Court’s spider-brooched President, Lady Hale.

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Johnson’s prorogation advice to the Queen “was outside the powers of the PM”, Parliament’s suspension unlawful and unconstitutional, and it should be immediately reconvened. Score: UK Government 0, GLP several.

Then came Covid, bringing with it what was quickly tagged ‘institutionalised cronyism’, with Health Secretary Matt Hancock and Cabinet Office Minister Michael Gove the biggest serial offenders.

The GLP could have chosen numerous cases, but selected three PPE (Personal Protective Equipment) contracts as illustrations: £252m to a finance company for face masks, £108m to a confectionery products agency, and £345m to a company trading as Pestfix – which, as we’ll see, is what the grudge-bearing Hancock would still dearly love to do to the GLP.

The otherwise defenceless Health Secretary – the man who broke his own social distancing guidelines in his own office – resorted to disputing GLP’s legal standing. The high court judge ruled, however, that he had acted unlawfully in respect of “vast quantities” of taxpayers’ money in failing to publish multibillion pound contracts within the legally required 30 days.

Cabinet Office Minister Michael Gove also had cronies. Ministers in those early Covid days needed to influence public opinion, and get focus group feedback on the effectiveness of their messaging.  Unfortunately, neither Gove nor anyone in the entire civil service could think of an experienced polling company.

Luckily, though, the PM’s Chief Adviser, Dominic Cummings, knew a ‘communications agency’, Public First, run by chance by some friends. Time, regrettably, was far too short for advertising or competitive tendering, so Public First got the eventual £840,000 ‘no-tender’ contract. Job done.

What was fast becoming almost standard ministerial practice was a gift for the GLP, and they set about proving Gove too had broken the law.

In June 2021 the High Court finally agreed. It rejected Gove’s bluster that no one else could possibly do the job, ruling that any “reasonable observer” – the legal test – would reckon it was Public First’s relationships with Cummings and Gove that secured the contract. The minister had indeed broken the law … and the GLP had acquired another ministerial enemy.  And no, Gove didn’t resign either.

Time for a statement of the obvious. The GLP don’t always win, as we’ll see. They deliberately select tough cases that big, established law firms decline. They raise funding case-by-case. Considering which, their record is impressive: in 2021, “four judgements, four wins”.

Then came Tuesday Feb.15th.  Notwithstanding Ukraine and the Duke of York, most media found room for reports variously headlined: “Ex-Health Secretary Matt Hancock broke/ignored/did not comply with equality laws/rules/duty over Covid appointments”.

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In a case brought jointly by the UK’s leading independent equality thinktank, the Runnymede Trust, and the GLP, two High Court judges ruled that “the UK government failed to comply with equality law” when appointing Baroness Dido Harding as Chair of the National Institute for Health Protection and Mr Mike Coupe as Director of Testing at Test and Trace.

Specifically, the “then Health Secretary Matt Hancock did not uphold a public sector duty to promote equality when hiring officials.”

It sounds clear and crushing enough, and it was.  However, that part of the judges’ verdict was in effect directed only at the Runnymede Trust, who had what is known as the standing and entitlement to bring the case. The judges deemed the GLF not to have such ‘standing’ – now or, by implication, were likely to have any time soon.

Still, does that verdict sound to you like an ex-Minister’s judicial triumph?  It apparently did to him!  Read to the end of the Guardian report, and you’ll see he went on instant attack, in a way that readers must have found, if not confusing, then surely bemusing, or simply desperate.

“We’re delighted the department has won yet another court case against the discredited Good Law Project. Claims of ‘apparent bias’ and ‘indirect discrimination’ have been quashed and thrown out by the high court.”  Which, of course, they weren’t.

“What the judgment does make clear is that ‘the claim brought by Good Law Project fails in its entirety’, therefore highlighting the fact this group continues to waste the court’s time.”

Back, then, to President Roosevelt. Last week was undoubtedly a setback for the GLP.  But the instant glee and hauteur with which the court’s ruling was received by Hancock and some of its other critics suggest that, given its record and support, it is unlikely to prove the “existential blow” they apparently crave.

And on the FDR scale – “Judge us by the enemies we’ve made” – they’re still doing pretty well.

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Chris Game is an INLOGOV Associate, and Visiting Professor at Kwansei Gakuin University, Osaka, Japan.  He is joint-author (with Professor David Wilson) of the successive editions of Local Government in the United Kingdom, and a regular columnist for The Birmingham Post.

This blog was originally published in the Birmingham Post, March 3-9, entitled ‘Campaign group proud to be judged by its enemies’