HOW TO USE THE TOOLKIT HOW TO USE THE TOOLKIT This toolkit is best approached as a roadmap for developing voluntary or (VCSE sector) consortia. It begins at the concept stage, where the idea to work in partnership may be no more than a flicker in a development worker’s brain. It takes you right through the development process to the stages where consortia are transitioning to contract delivery, and even further to the point where the quality of delivered services becomes an issue, and to maintaining reputation and operational vibrancy. For those at more advanced stages, this booklet provides a resource designed to be used together with the website and that can be accessed when needed. It includes a diversity of testimonies, case study materials and advice on specific challenges that consortia will encounter. Some development workers have found that the previous version of the toolkit is difficult to use because it is inevitably somebody else’s model. Their advice is for development workers to make this process their own. It is helpful to bear in mind that your particular needs at the different stages may vary from those suggested by the toolkit, and so to use the toolkit as a resource to craft an outcome that works for you. WHO WE ARE: NEIL COULSON ASSOCIATES/ ACEVO SOLUTIONS Neil Coulson Associates has come together with ACEVO to develop a set of resources for consortia including this toolkit (a booklet and an accompanying website) which it is hoped may facilitate the development of a network and support community for consortia. ACEVO is the professional association for third sector chief executives, working to support leaders through activities that connect, develop, support and represent them. Our mission is to support the development of a modern, enterprising third sector. Neil Coulson has 12 years experience as a third sector consultant working with consortia. He has worked with or advised more than 100 consortia. We are grateful for the contribution of Children England towards the costs of developing this toolkit and to Francesca Magog of Children England for her appreciable input. SE ECTION 1 / INTRODUCTION If you are new to consortium working and are starting right at the beginning of the process, the toolkit introduces a seven-stage path for starting up a consortium. Model documents and templates that can be adapted to your own consortia arrangements are referenced at appropriate stages and materials can be found on our accompanying website, www.consortiasupport.org.uk. 3 CONSORTIUM DEVELOPMENT TOOLKIT WHY CONSORTIUM WORKING? WHY NOW? SEC CTIION 1 / INTRODUCTION Consortium working is not new. There have been voluntary sector organisations operating as part of consortia for many years. But consortium working does have a particular prominence now and its relevance is amplified by the challenges currently facing the voluntary sector. 4 The situation today is very different from the situation several years ago. The impact of the cuts is biting harder, commissioners are implementing efficiencies through both the various services that they deliver and contracting arrangements – and yet at the same time they are often concerned to do so in a way that protects the local voluntary sector. This provides a huge opportunity for voluntary organisations that are able to marshal new models of delivery that engage with commissioners’ needs. The need for voluntary organisations to explore consortium working, at least as an option, is becoming imperative. Janice Bell from Victory Consortium in Portsmouth sums this viewpoint up: “Everybody who participated (in a workshop) bought into the message that life was too difficult to go it alone. People realised that organisations need to sharpen up their act and become more commercially savvy.” Certainly the extent to which voluntary organisations can continue to rely on grants from local government is diminishing. In place of grants, many voluntary organisations are looking to opportunities for funding provided through statutory commissioning. Public bodies in most places are encouraging a shift from grants to contracts. Allied to this has been an accelerated drive towards rationalisation in contracting frameworks and arrangements. In practice, this has translated into the formation amongst service providers of delivery partnerships, consortia, networks and other forms of joint venture. A key defining feature of these developments has been the creation of what might be described as “a single point of contracting”. In other words, instead of public bodies having to contract with a whole number of small voluntary and community service providers, with the perception that money is being wasted through the set up and maintenance of multiple contracting chains, they have contracted with a single “super provider” or managing agent that is capable of embracing a network of grass roots providers through sub-contracting mechanisms. Given the current public spending cuts, all local authorities are having to make savings and yet are facing a need to continue to deliver good quality services and safeguard local voluntary sector infrastructure. There have been too many reported incidences of services being cut arbitrarily because these important agendas have not been married up. Parks are closed for want of a link made with the wealth of local groups who might have found a way to deliver cost-effectively the same service. We have spoken to chief executives of local authorities who have expressed concern at this state of affairs. However, the onus isn’t just on commissioning practice needing to adapt. Voluntary organisations need to be looking at their business models and specifically their readiness to work with other organisations to deliver services on a scale that surpasses their own WHY CONSORTIUM WORKING? WHY NOW? capacity. Collaboration should lead to joint business models that are ‘more than the sum of their parts’. The problem for voluntary organisations is that their current business models are often too small scale, narrow or niche to deliver services at the scale that statutory bodies are looking to commission. Organisations have been put off consortium working because of perceived threats to their independence, but the models described in this booklet show how partnerships can be achieved without these handicaps. Many of the case studies speak to the benefits of working as part of a consortium. To reinforce this point, consortia are not just about public service commissioning. They might also be about collaborating to increase the prospects of securing and delivering business in the open market, e.g. joint approaches to social enterprise. One example of this is developing a consortium-wide portfolio of services to sell to the corporate sector or to individual consumers, especially those with access to personal budgets. Although this toolkit may be useful for organisations wanting to work together for a number of purposes, it has been specifically designed for groups that want to create a strategic vehicle for the purpose of delivering public services. CASE STUDY – FOUNDATIONS UK Foundations UK is a small but enterprising charity dedicated to countering disordered eating and obesity in West London. Foundations’ CEO Mary Wood makes an eloquent argument for how being part of their local consortium, Desta, has supported Foundations’ capacity to serve its mission and benefit people experiencing obesity. Mary describes the difficult demands that commissioners place on organisations like Foundations: “On the one hand they want innovative solutions, on the other they often need these to have an evidence base”. Foundations is at its heart about challenging ‘medicalised’ approaches to tackling obesity. The whole point of consortium working according to Mary is that they bring together organisations that “understand the community problems ‘beyond the spreadsheet’. The joy of consortium working is that it allows organisations like Foundations to put our case somewhat subtly to commissioners”. Desta (i.e. the London-based Health and Social Care consortium) scored an early victory with commissioners. It was established for only a few months when it won its first contract to deliver the Expert Patient Service. Foundations has put forward a psychological and socially-informed intervention called Step Forward to Health. They applied to the Big Lottery but their chance of getting 100% funding was remote. However, the fact that Foundations is delivering SE ECTION 1 / INTRODUCTION To provide better services in times of cuts, voluntary organisations need to collaborate in order to be able to engage with the multiple needs of commissioners to provide better services whilst protecting the local community ecology. And beyond the cuts agenda, consortia can be used as ways of breaking into new markets, developing new ways of working, and diversifying what organisations have to offer. 5 CONSORTIUM DEVELOPMENT TOOLKIT the Expert Patient Service as part of Desta’s contract was absolutely critical for bringing in Big Lottery funding. SEC CTIION 1 / INTRODUCTION Mary says, “I think consortia are important in themselves, but I also think they’re so important in moving people on in the sector to start to think creatively about strategic alliances. I know some organisations are looking at the whole merger question, but I think for a lot of us, we’re too small really to become anything but an acquisition – and we don’t want to do that. A consortium provides the best of all possible worlds. It provides a way to join with other organisations with the same values and aims in the community whilst allowing us to keep our individual identity.” 6 Through the delivery of the Expert Patient Service in neighbouring Westminster, Foundations established contact with the Migrants’ Resource Centre and was able to talk with tutors and users about disordered eating. This helped Foundations access additional funding for a project on disordered eating and its mental health implications. POINT BLANK, SHEFFIELD The benefits and challenges of consortium working from the point of view of a small voluntary sector organisation Background Point Blank is a small arts organisation in Sheffield. It is established as a charitable company and has its roots in applying the performing arts across a range of contexts. It has three main strands of activity: H a schools programme offering workshops, performances and artist residencies; H a community programme offering training, work placements and participatory performance projects; H a national, highly acclaimed touring theatre programme. It has also purchased a public house, The Riverside, and transformed the building into a live arts and entertainment venue. Over the past six years the organisation has been actively involved in consortium working, being a member of four separate consortia: H VC Train (now called Sector Solutions), which is a consortium of voluntary sector providers of post-16 training and education programmes across South Yorkshire. H Viva (the South Yorkshire Arts Consortium) which encompasses voluntary sector organisations delivering across a broad range of arts-based media. H YCS (Youth Consortium Sheffield), a voluntary sector consortium in Sheffield, comprising 48 organisations that deliver a range of children’s and young people’s services and activities across the city. POINT BLANK, SHEFFIELD H 3SC, the national consortium that functions as a managing agent, securing national level contracts - for example, the Future Jobs Fund - and then sub-contracting to a wide range of voluntary sector providers. All of these consortia are concerned with bidding for public sector contracts. Financial Benefits of Consortium Working This is a considerable amount of money for what is a relatively small organisation. Before it started working in consortia the organisation’s annual turnover was around £125k. However, today its turnover is more like £400k and the funds it has attracted through consortium working have made a significant contribution to this level of financial growth. Critically, it has also provided core funding for the organisation and given it the platform to invest in new products and services. Jon Maiden, Development Director at Point Blank, stated that there is no way the organisation could have secured any of this funding if it had bid for it independently, outside of a consortium structure, as the contracts were simply too large, both in terms of the overall contract value and the breadth and scope of the services the commissioner wanted to purchase. Other benefits As well as the funding it has received, Point Blank has achieved a range of wider, added value benefits from consortium working. H Access to strategic information and intelligence As a member of the Youth Consortium, Jon Maiden is able to sit on the Strategy Board, which controls the work of the consortium. Jon reported that this has given him access to crucial and timely information and intelligence that has been vital to the future development and on-going success of Point Blank. For example, he has been able to access information about what the latest local commissioning intentions are and therefore been in a position to re-shape the organisation’s services to match these intentions. He stated that if he hadn’t been involved in the consortium, he probably wouldn’t have got access to this information, or if he had, it would have taken him a significant amount of time, energy and resources trying to source it. H Development of a mutually supportive inter-organisational culture and ethos Jon remarked that before the establishment of Viva, the arts consortium, local arts organisations tended to be competitive and mistrustful in their inter-relationships and that this culture obviously made it difficult for productive joint working to flourish. However, being involved in Viva has given these same organisations a real sense of collective purpose and this has helped to foster a positive culture of mutual support amongst them – “organisations now feel they have a genuine role in supporting each SE ECTION 1 / INTRODUCTION The most obvious benefit that Point Blank has secured through consortium working has been a financial one. Through these different consortium structures it has secured sub-contracts worth approaching £0.5m over the past few years. This funding has come from a range of sources – the Learning & Skills Council/Skills Funding Agency, the Local Authority, DWP and European sources. 7 CONSORTIUM DEVELOPMENT TOOLKIT other and there is much more honesty and openness between organisations”. This change in culture has started to manifest itself in progressive joint working initiatives, such as shared approaches to venue/arts space hire. H Driving up standards and ensuring the best possible service to the end-user SEC CTIION 1 / INTRODUCTION It has been evident to Point Blank how consortium working can help to improve quality and drive up standards across the network of collaborators. Providers are able to benchmark themselves against other consortium members’ performance and there is also a genuine sense of not wanting to ‘let your partners down’ by under-performing against the requirements of the contract. 8 Challenges Consortium working, particularly on this scale, can be time consuming, which is problematic for a small organisation with limited capacity. However, Jon felt that the costs associated with this were far outweighed by the range of benefits that Point Blank had gleaned, not least the significant funding that had been secured but also access to crucial strategic information THE PROCUREMENT AND COMMISSIONING ENVIRONMENT Before contemplating setting up a strategic consortium, it is important to understand the commissioning environment in which it will be operating, to see whether there is a need for this kind of delivery – i.e. if commissioners will look favourably upon it. Some consortia have set up only to find out that local commissioning practice discriminates against them. One consortium, for example, was required to tender as a ‘sub-contractor’ to one of its members, because the local authority would only accept tenders from bodies with a track record. It is advisable to check whether issues like this will be a problem before investing too much time in building a consortium. An initial meeting between consortium steering group members and commissioners is always a good idea. This section is intended to provide some background on the commissioning environment, and suggests issues to raise with commissioners. Drive to best value H The single biggest driver propelling change within local statutory commissioning is the need to generate best value from the money spent on services. Local authorities have traditionally delivered many of the services they are responsible for in-house, from refuse collection to care homes. Increasingly they are looking to commission services from the voluntary or private sectors instead. A number of local authorities THE PROCUREMENT AND COMMISSIONING ENVIRONMENT have a structured review process in place to look at whether services could be delivered more efficiently externally. Where they decide that they can, a formal tendering process will be launched and tenders invited from interested bodies. Shift from grants to contracts H As a consequence of the need to make cuts, local authorities are in the process of reviewing the funding arrangements that they have with the voluntary sector. Whereas many local bodies have been funded through grants, the trend is towards contractual forms of arrangements – such as Service Level Agreements (SLAs) and open contracting arrangements – under which voluntary bodies commit to offering a service in return for funding. The new formality of these arrangements has created problems for smaller organisations that sometimes do not meet some of the formal requirements of the commissioning processes like having a track record in delivery or a turnover above a certain level. A focus of much voluntary and community sector capacity building has been to address deficits in organisations’ capacity to engage at this level. Contracting/back office savings H Commissioners are looking to make savings by reducing the amount they spend on contract management. Where local authorities, for example, have a large number of contracts with voluntary organisations, the burden of commissioning and managing these contracts takes money away from front-line services. In some places commissioners have supported consortium working as a way to reduce the amount of money they spend on contract management. Commissioners are likely to be attracted by the argument that contracting with a single consortium point of contact will simplify the process and save them money. Overcoming negative perceptions of the sector H Consortium working can help to turn around negative perceptions that commissioners sometimes have of the voluntary sector as a strategic partner. Commissioners we spoke to in a number of local authorities noted that the number of local organisations sometimes made it difficult to do business with the sector, and their perception was that organisations struggle to work well together. Additionally, commissioners often harbour negative views of the local sector based on their perceptions of the patchy quality of sector-based provision. Correlatively, VCS consortia are an opportunity to drive up standards across the supply base. This is achieved through a number of means: for example, (a) the consortium itself, i.e. as a legal entity in its own right (if that is how it is structured), achieving a quality mark, e.g. ISO 9001, to provide a new level of quality assurance within the supply chain; (b) investment in quality development within the consortium membership via organisational capacity building, agency-to-agency time-banking etc; (c) establishing membership thresholds and segmenting the membership according to quality assurance and broader commissioning readiness criteria, and (d) the inherent psychology of peer-based structures – raising collective organisational aspirations as part of a jointly owned and controlled collaborative business model. NTRODUCTION Consortia provide the additional opportunity to bring smaller organisations into the commissioning arena (as potential sub-contractors) rather than them necessarily having to meet requirements in their own right. 9 CONSORTIUM DEVELOPMENT TOOLKIT New opportunities in Health Commissioning H In the health sector services will in future be commissioned by Clinical Commissioning Groups with representatives from local GP practices. Some people have argued that the inclusion of GPs on commissioning bodies will encourage commissioning with more of a focus on keeping people well, hence it might lend itself to more voluntary sector opportunities. However, the disarray caused by this change is leading others to fear that engaging the voluntary sector is unlikely to be an immediate priority. SEC CTIION 1 / INTRODUCTION Impact of ‘localism’ and Community Right to Challenge 10 H This also links to the Community Right to Challenge, which is part of the Localism Bill. The Community Right to Challenge enables voluntary and community bodies, employees of the authority that wish to form a mutual organisation to deliver the service and parish councils to express an interest in running a local authority service. The authority must consider expressions of interest and, where they accept them, run a procurement exercise for the service. The Right will hand the initiative to groups with good ideas about how services can be run differently or better, ensure their ideas get a fair hearing, and that they get the time they need to prepare effective bids for services. Commissioning practice that does not favour the VCS H Voluntary organisations are often at a disadvantage compared with some of the larger private sector providers because of the way that services are procured. Issues such as transferring liabilities i.e. employment (via TUPE arrangements) and pension provision may be more risky for voluntary organisations that don’t have the scale or existing structures to take these on. Consortia will face the same challenges but through building scale they may be able to get around some of these problems. Opportunities for VCS delivery in new areas H The above developments may open up opportunities for VCS organisations to be delivering services in areas where they don’t currently have a presence. Commissioning agencies will be looking to make savings through preventative solutions and early interventions. New financing mechanisms such as Payment by Results contracts and Social Impact Bonds will make some of this ‘spend to save’ investment financially viable given overall declining budgets. Plugging gaps in the local supply base H Consortia can also offer opportunities to plug gaps in the current supply base. Often there are certain disadvantaged neighbourhoods or communities of interest/social groups within a local authority district that are under-served by existing VCS (and wider) provision. Consortium formation affords the potential to plug these gaps in the supply base through a. encouraging consortium members to engage in out-of-area working (e.g. extending their traditional areas of benefit in order to cross-migrate their existing services into the gap areas) and/or b. building the latent capacity of VCS agencies already present in those gap areas, so that they can evolve and extend their portfolios to address the identified service gaps. TAKING A STRATEGIC APPROACH CASE STUDY BTCV is a sizeable national charity with a fifty year history of providing environmental volunteering opportunities for individuals that have a range of multiple benefits for individuals and communities. However BTCV increasingly sees its local role as being one of identifying other local organizations that can come together to offer local authorities more efficient and effective ways of commissioning services. Ron Fern, Deputy Director of BTCV says that this could involve BTCV providing some of the hub services to a local provider network; “as a national organisation of scale we have the ability to provide a range of support, financial management, HR and other back office functions which many small local organisations struggle with.” TAKING A STRATEGIC APPROACH Although this toolkit may be useful for organisations wanting to work together for a number of purposes, it has been specifically designed for groups that want to create a strategic vehicle for the purpose of delivering public services. A strategic consortium is understood to be different to one that comes together around a specific tendering opportunity. The needs of organisations coming together with strategic aims, and the type of vehicle that lends itself to this form of collaboration will be different from those of organisations coming together reactively around a specific tender. The development timescales will be longer, suiting the needs of a longer-term collaboration and, with the prospect of greater flexibility built in, allowing the consortium to respond to a wider range of opportunities. The benefits of developing a strategic consortium include: H aids partnership working between organisations, since forms of collaboration which share ownership are perceived as less of a challenge to organisational independence; H organisations can develop collective value chains and service pathways to deliver better services and preventative interventions in areas that may not have previously been commissioned; mental health, for example; SE ECTION 1 / INTRODUCTION However with current policy shifts towards localism and decentralization, (which means that less central money will available to support its work) BTCV is reviewing its operational models and looking to find a way of using its experience more effectively, particularly as a provider of services to local authorities. Sometimes this will continue to involve BTCV delivering services itself. 11 CONSORTIUM DEVELOPMENT TOOLKIT H by contracting with one point of contact, the substantial costs to local authorities of contracting with large numbers of third sector organisations are reduced allowing some of these savings to be passed on to the sector; H enables building of better relationships and understanding from commissioners, and can open doors to new and innovative ways of commissioning the voluntary sector as an alternative to the usual EU procurement routes (increasingly known as ‘pipelining’); SEC CTIION 1 / INTRODUCTION H positioning the local voluntary infrastructure organisation (e.g. CVS) as having a pivotal role. 12 ROLE OF DIFFERENT TYPES OF ORGANISATIONS IN CONSORTIA Which Organisations can form part of a consortium? There are no hard and fast rules for organisations joining Consortia and it is beneficial for a consortium to have a range of organisations as members, bringing with them a wealth of experience, which will be of interest to potential future Commissioners. In the main organisations will be either: voluntary or community groups, charities, Social Enterprises or Community Interest Companies, and can range from the very small with little financial backing to larger local, regional or national organisations with significantly larger budgets and reserves. However, each organisation will need to satisfy the agreed membership criteria of a consortium. Small VCSE organisations Consortia working for smaller organisations can be hugely beneficial. Longer term it may bring financial stability for them, but also the opportunity to work with a larger network of agencies who can complement the work they deliver. The advantages of a smaller organisation being part of a consortium can include: the chance to be mentored by a more established organisation through a quality assurance process, access to bigger contracts and training opportunities. For smaller organisations there is an element of safety in numbers as often they will have few members of staff whose capacity is limited in terms of potential contribution to the consortium. Large VCSE Organisations It is important for any consortium not to rule out involvement of large local or national VCSE organisations, as they often bring with them a wealth of experience, have more capacity to support the consortium and are likely to have financial ability to bid/tender for larger contracting/commissioning opportunities. They will also often have workers ROLE OF DIFFERENT TYPES OF ORGANISATIONS IN CONSORTIA who specialise in certain aspect of business, training, etc. that can benefit the consortium and support smaller organisations to grow. Local Infrastructure Organisations CASE STUDY For a large organisation like Barnardos consortium working presents different challenges and opportunities. Barnardos created a post in the North West specifically to explore getting involved in Consortia, because of awareness of service areas where Barnardos provide ‘part of the jigsaw but can’t do all of it’. Dave Packwood from Barnardos gives the example of domestic violence, where Barnardos does a lot of work but mostly in the context of the children involved. Dave illustrates the benefits of the involvement of larger national charities through their role in supporting the working group for the Greater Together Consortium in Lancashire. “The majority of representatives were from national organisations because they were able to release people. A contract came out before Greater Together was actually formed – an opportunity for some targeted youth support funding. There was a desire to submit a tender, if not under the name of Greater Together, then under the ‘aspiration’ of it – i.e. our tender represented the same partners. Three of the larger national organisation authored the bid, which couldn’t have happened without their input.” Dave is clear that most of the bids that Barnardos has been involved with so far have been for relatively new money and therefore not part of Barnardos’ core business. “If a contract for a Children’s Centre came up in an area where we deliver the majority of services, we wouldn’t do it, we’d continue to bid as a sole entity.” Barnardos uses a risk assessment to assess whether a piece of partnership work is valuable - whether for instance it opens up new markets as opposed to putting existing business at risk. Dave says that there are limits to the degree to which a larger contract can be sliced up and still remain valuable to a larger organisation, “a £1m contract sliced up into 20 bits for example is likely to be of marginal interest”. SE ECTION 1 / INTRODUCTION A local infrastructure organisation does not necessarily need to be a member of the consortium, however they may be willing to facilitate and co-ordinate meetings and tasks in the initial phases and at a later stage provide advice and guidance to help the consortium grow and develop. A local infrastructure organisation will also be able to provide advice about up and coming funding opportunities, act a conduit to broker meetings with local commissioners and keep the consortium in the loop as far as local developments or consultation opportunities. Some Local Infrastructure Organisations have taken on roles supporting the set up of a consortium, and supplying some of the key hosting/support functions to a consortium hub – e.g. see Desta case study p24. Other CVSs have taken on a Lead Agency role for a consortium (see Partnership Models p53) 13 CONSORTIUM DEVELOPMENT TOOLKIT SEC CTIION 1 / INTRODUCTION Despite the caveats, Dave is adamant that greater partnership working is the direction in which the larger national charities need to be headed. Barnardos for instance has a national programme of work called ‘Go To’ under which Barnardos will be providing capacity building support to other organisations, and measuring the impact. Consortium working represents a formalizing of some of its partnership arrangements. THE CONSORTIUM LIFE CYCLE A consortium goes through a number of different stages during its development, as explained below. In order to progress to the next stage members of the consortium, working in partnership to achieve their ultimate goal, will need to complete a number of tasks, overcome barriers and may even have their trust and relationships put to the test. The following diagram takes you through each stage of a consortium life cycle and then an explanation is given as to the actions that should be addressed at each one. 14 Exploration Sustainable Consolidation and Growth DIAGRAM 1. THE CONSORTIUM LIFE CYCLE Embryonic Established THE CONSORTIUM LIFE CYCLE STAGES WITHIN A CONSORTIUM LIFE CYCLE Stage 1 – Exploration The initial phase in the life cycle of a consortium is the exploration stage, when the following will occur: H a meeting of minds – the bringing together of like-minded individuals to discuss the potential for a collaborative/partnership approach to the delivery of services by working together more effectively to achieve better outcomes for individuals accessing their services; H opportunities can become manifest in different ways: it may be one person who suggests exploring the opportunity at a network meeting or inviting others to discuss opportunities or it maybe an infrastructure organisation who brings relevant organisations together to explore further; H understand why you want to work in a consortium arrangement; weigh up the advantages and disadvantages of being part of a consortium; H do some research on the different consortia models and how they operate and agree which models you want to consider further; H partners who want to move forward will need to commit time to meet with each other and devise a work plan with timescales to meet their objectives; H any organisation could be invited to be part of the consortium whether not–forprofit VCS organisations, charitable trusts, community interest companies or social enterprises. They could range from being large national organisations working in the local area to very small voluntary bodies run by one person with a few volunteers, serving a particular geographical area; H determine what you would want a consortium to achieve. For example: J it may evolve due to a commissioning or grant-funded opportunity; J it may exist to strengthen the networks between organisations; J to consider different collaborative opportunities, e.g. pooling funding between organisations to buy in services; J to share knowledge, skills, information, training, staff, premises, etc.; H the lifetime of the consortium will depend on how long you expect it to exist: J to have a limited life cycle to achieve a single outcome that may only require partners’ involvement over a short period of time; J to achieve service delivery objectives against a particular project; J for the lifetime of a tender opportunity and subsequent contract; J to allow partners to have a vehicle through which to explore all potential opportunities on a continuous basis; H set up an interest/working group to move onto the next stage. NTRODUCTION H determining appropriate partners to support the development of the consortium. A key question to address at this early stage is whether it will be a generic VCS consortium (like Here2Help in Coventry, for example) or a consortium revolving around a specific sub-sector or service area (like Sheffield Well-Being Consortium, for example). If the former model is opted for then the consortium will need to develop internal ‘clusters’ that are capable of focusing on specific sub-sectors or service areas (for example, Here2Help is establishing a cluster of homelessness providers); 15 CONSORTIUM DEVELOPMENT TOOLKIT Between stages 1 and 2 In between the initial and embryonic phases each organisation has the opportunity to reflect on the discussions at stage 1 and present this to their management/trustee boards. Note that trustees of VCSE organisations must be informed as soon as possible of the intention to explore a consortium arrangement, as they would manage the risk on behalf of their organisation. It is important to have trustees’ approval to proceed to the next stage. SEC CTIION 1 / INTRODUCTION Stage 2 – Embryonic 16 The phase at which ideas begin to be formulated: H partners who want to collaborate establish a working group; H terms of reference should be agreed to ensure that the group know what is expected of them; H in addition, having some ground rules in place will also help everyone to engage effectively in discussions; H determine which consortium model the group want to use and explore further; H areas of work are identified and, dependent on the size, tasks are allocated to an individual or group; H agree an action plan identifying what needs to be achieved, by whom, how and when; H ensure that all partners are happy to proceed; H securing capacity to develop the consortium is important and there are a number of ways to do this: J members may want to contribute in kind with staff time allocated to the consortium’s development; J members may wish to contribute to a pot of money; J access some grant funding to provide capacity, or J ask your local infrastructure organisation for some support. J a further option would be to source a small amount of working capital via a social investor (this might be in the form of a pure loan or possibly a mixture of grant and loan); H the model you choose to implement will determine how much funding will be required to operate the consortium; for example, if you choose to become a company limited by guarantee you will need to have legal advice to process the application; if you want your consortium to have charitable status you will need funding to apply and the development of branding (a logo), promotional material, website, etc. to raise awareness of the consortium will also require funding. To secure registered charity status you also need at least £5k in a bank account; H there should be an assurance that all partners have equality of status on the consortium, though there may be a ‘first among equals’ scenario if the collaborators opt for a loose consortium arrangement functioning via a nominated lead body; H this is a crucial stage as this is the point at which partners are building their trust and relationships. Some organisations will have worked together previously while others will be new to each other. As many opportunities as possible should be taken within the business development process to enable the collaborators to network, THE CONSORTIUM LIFE CYCLE share information and ways of working, exchange views and generally get to know each other, in order to build mutual trust and develop collective rapport. Between stages 1 and 2 H Individuals and task groups will need to complete their agreed actions. H Members will need to ensure that their management groups/trustees are informed of progress and are happy to proceed. Stage 3 – Established H The agreed consortium model is established and relevant paperwork and documentation to support its operation is implemented; for example, partnership agreements, memorandum of understanding or articles of association. A key document is the business plan, which enshrines a collective statement of intent by the collaborators. H It is essential that each member of the consortium knows exactly what they can expect from their membership and they should be able to challenge if they perceive that other consortium members are not following the agreement. H The initial collaborators/founder members may want to encourage more organisations to become members of the consortium, in which case a membership prospectus should be drafted. The purpose of the membership prospectus is to ensure that potential members understand the implications of joining and to provide a membership vetting framework through the inclusion of thresholds. H Having a name and clear brand identity for the consortium is important to help raise awareness of its existence with other organisations and to engage and build relationships with potential funders (commissioners, grant holders, etc.). Promotional material, with a logo and name for the consortium is also helpful so that the consortium can develop its own identity. Stage 4 – Consolidation and Growth H Establish an appropriate consortium governance structure. If you opt for a loose consortium with a lead body arrangement, governance could align with the lead body’s board or management group, though potentially also with a parallel advisory or steering group, drawn from the wider consortium membership, to feed in the membership’s perspectives in an advisory capacity. This group will be responsible for guiding the business of the consortium. H If you decide to establish the consortium as a company in its own right, you will need to appoint interim directors and ultimately, once the wider consortium membership is in place, hold an Annual General Meeting to elect the full Board of Directors. There should be a mix of Directors on the Board who can adequately represent the wider membership. In addition having independent members who can help to shape the consortium from a business or financial perspective would be helpful. H Ensure there is an effective communication process in place that keeps all members up to date with progress and opportunities. NTRODUCTION H Develop and agree a business plan which provides a focus for the work of the consortium and also provides an outline of its core offer to potential commissioners of services. The business plan should be comprehensive, to the point and realistic. It should contain SMART targets. 17 CONSORTIUM DEVELOPMENT TOOLKIT H Consider implementing agreed quality standards for members and support those organisations that do not have a quality mark through the application process. H Develop and implement relevant policies and procedures to support the work of the consortium. H Have a pro-active approach to identifying relevant tender/grant-funding opportunities and ensure that relevant information is available in order to be able to respond at short notice. H Once funding is secured, establish sub-contracting arrangements/service level agreements to deliver against the contract. SEC CTIION 1 / INTRODUCTION H Implement a process for monitoring the performance of the contract. 18 Stage 5 – Sustainability H The consortium is well established and considered an independent entity capable of functioning effectively on behalf of its members. H There should be an annual review of its business plan to ensure that it continues to meet its objectives and highlights any new issues that need to be addressed. H Implement a process to demonstrate improvement in outcomes e.g. Social Return on Investment. H In order to continue to be visionary the consortium also needs to ensure that it is capable of addressing new priorities which are emerging locally and nationally. DEVELOPMENT APPROACH – OVERVIEW Why it is important that planning with this toolkit happens in a workshop setting, thus developing actual relationships. This toolkit is designed to be used as part of a ‘live’ development process with a group of organisations, rather than to plan and develop what a consortium might look like without the organisations being a part of this development. This allows the technical expertise to be drawn out of the toolkit and be combined with local knowledge from prospective members. As the range of templates and options for different structures and legal forms etc. is introduced, this will inform local decisions. It also minimises the need for additional research into the local context because prospective members are expected to contribute this understanding to the development process. The planning process also happens more quickly than if it were undertaken remotely from an actual group of members, allowing the relationships to develop alongside the planning and strategic aspects. Relationships between member organisations are central to a successful consortium. The sense of ownership that active engagement in these early stages gives members over the consortium can be critical to later stages when members need to put their trust in the DEVELOPMENT APPROACH – OVERVIEW consortium to make decisions fairly and represent their interests. An open development process is a good way for members to build this basis of trust. Using this approach, the formal milestones of consortium development, such as a consortium business plan and membership prospectus, fall out naturally as outcomes of the development process. Timelines By the end of the development process, in addition to a ‘bid-ready’ consortium, you will have: H a good network of relationships and basis of trust between members; H better ownership of the decision-making process and of the resultant vehicle than if the planning was led externally; H a greater capacity and understanding within the local sector of the skills and tools needed to develop and sustain a consortium. STAGE 1 GETTING STARTED STAGE 2 IDENTIFYING ISSUES SE ECTION 1 / INTRODUCTION The seven-step process, which is summarised below with a suggested timeline, usually takes about four to five months. It is reasonable to expect that a business plan can be prepared within two months of an initial workshop, and a membership prospectus by the end of the third month. 19 STAGE 3 BUSINESS STRATEGY FOR JOINT TENDERING STAGE 4 PRODUCING CONSORTIUM DOCUMENTATION [with working group] STAGE 5 RAISING FINANCE FOR DEVELOPMENT PHASE [with working group] STAGE 6 INCORPORATION [with working group] STAGE 7 MEMBERSHIP DRIVE LAUNCH [company/lead body] DIAGRAM 2. 7 STAGES IN CONSORTIUM DEVELOPMENT CONSORTIUM DEVELOPMENT TOOLKIT Development roles We have found that there are two key roles in the formation of consortia (although these may be filled by any number of people); the first is the development worker role and the second is the expert role. Throughout this toolkit, we will be describing what needs to be done, mostly by the Development Worker, and flagging up where we think it is more productive to bring in outside expertise. SEC CTIION 1 / INTRODUCTION Development worker role 20 It is essential that there is someone to hold an overview of the process, to communicate all aspects of progress to interested parties, to make the appropriate links with other sectors (commissioners, users potential collaborators) and to incorporate or integrate previous decisions and information. The person in this role can also act as an independent voice/honest broker. A final aspect is that they can communicate some of the ongoing process to external interested parties. In the guidance that follows, the tasks for the development worker are identified in each of the seven stages. Portsmouth’s Victory Consortium decided to share out the development worker task between the four to five members of its working group. Janice Bell from Victory says that “this model works well where there isn’t the funding for a designated worker; however, it is important to ensure that people are aware of the time commitment. Seconding staff for a day a week is preferable to relying on commitment from over-worked and often too senior people.” Expert role In addition to the development worker role, emerging consortia will almost inevitably need to buy in (or if they are lucky, second in) expertise, particularly around legal issues and consortium documentation. This is indicated throughout the toolkit and we make suggestions as to: H identifying what is necessary and who might help; H selection and recruitment briefs; H suggested ways of working with consultants. This toolkit, if it is purchased, comes with a certain amount of committed support which can be used to facilitate and bring outside expertise to the initial development workshops, and/or to bring in specialist support. We can recommend, for example, providers of specialist legal support. DEVELOPMENT APPROACH – OVERVIEW CASE STUDY Experience of working with consortia from a development worker’s perspective – Francesca Magog Consortium working can be exceptionally rewarding but at the same time very frustrating. Organisations that want to form part of a consortium will be willing to sign up to do their bit; however, in reality the sometimes limited capacity of individual member organisations to contribute can seriously hamper progress. As a consortium H Identify someone who is prepared to lead and drive forward the development of a consortium. This could be anyone from one of the organisations involved, a local infrastructure organisation or someone appointed to support its development. This person may also take on the role of chairing consortium meetings. H Outline the roles and responsibilities of each person playing a significant role in developing the consortium, i.e. chair/lead, development worker, other members of the consortium. H Ensure that you have the appropriate representation from each organisation to enable the consortium to move forward, preferably an individual with seniority, who can make decisions. However, please note that some decisions can’t be made by managers alone, particularly for those organisations with Boards of Trustees. H Be clear about what you can all deliver and put this in writing so that everyone knows what is expected of them. H The chair/lead should have excellent organisational skills and an ability to motivate others to achieve each phase in the development of the consortium. H Identify what opportunities there are for funding at a local, regional and national level, at an early stage and ensure that this is kept under review. H Develop good networks with local commissioners and funding organisations. H Have a clear, agreed understanding of what your core offer will be to potential commissioners/funders. H Agree an action plan to support the development of the consortium, identifying tasks, key milestones, timescales and individuals responsible for delivering each action. H Put in place key documents to support the working of the consortium. As a development worker H If the consortium has been supported through the early stages by another person/ organisation ensure that there is a transitional arrangement and relevant handover, prior to your work beginning. For example, have meetings already been set, venues booked, what paperwork is in place to support the development of the consortium, what actions have been agreed and achieved so far? H You need to be very clear about what your role and responsibilities are. SE ECTION 1 / INTRODUCTION The following outlines the experience of a development worker, working across three consortia in the North East and the issues faced by each consortium in terms of trying to maintain momentum and the worker’s perspective about what would help in order to drive changes forward. 21 CONSORTIUM DEVELOPMENT TOOLKIT H You need to identify and agree what is expected of organisations as members of the consortium, i.e. ensuring meetings are put in diaries, attending meetings and undertaking agreed actions assigned to them. H There are a number of things a consortium should implement at an early stage and this will be dependent on the model chosen: J membership commitment proforma, i.e. partnership agreement, memorandum of understanding, membership application process, etc.; J business plan with a clear focus on what the consortium’s core offer will be; SEC CTIION 1 / INTRODUCTION J a Board of Directors (e.g. company limited by guarantee) or lead organisation (possibly working alongside an advisory group) to drive forward the consortium’s development. 22 H Be able to engage with a wide and diverse group of people from across the VCSE sector, commissioners and procurers in local authorities, clinical commissioning groups, external funding agencies, etc. H Understand and know how you can influence service planning and development at a local level, as this identifies priorities which are then translated into commissioning intentions by local commissioners such as the Joint Strategic Needs Assessment (JSNA). CRITICAL SUCCESS FACTORS IN CONSORTIUM WORKING The factors that contribute to the success of consortia can be characterised as either demand or supply side factors. Demand-side success factors Commissioner commitment A chief contributor to success is the local commissioner being keen to explore new ways of commissioning services and seeing a joined-up approach amongst voluntary sector service providers as a key part of this. This could be motivated by a whole range of issues: a reduction in funding leading the commissioner to want to bundle up separate contracts into a single, larger package of funding, so as to save on administration and transaction costs; a perception that current service delivery is too fragmented or incoherent; a desire to bring new, more niche providers into the supply chain and so on. Without such commissioner commitment being in place at the outset of the process, it is certainly not impossible for a voluntary sector consortium to succeed, but the collaborators would need to put a lot of time and effort into a robust, medium- to longerterm commissioner influencing strategy in order to nurture the necessary commitment. CRITICAL SUCCESS FACTORS IN CONSORTIUM WORKING Commissioners’ attitude to change and risk Related to this is the attitude to change and risk amongst commissioners. There are a number of barriers facing consortia inherent in the way that services are traditionally commissioned. These can range from formally constituted consortia struggling to demonstrate that they meet the PQQ thresholds relating to track record and financial standing (simply by virtue of being new organisations), to there simply being insufficient word space available in PQQ and tender proposal forms to describe adequately and therefore do justice to a joint approach involving several different service providers. Market opportunities Clearly there needs to be sufficient openings (whether current or impending) in the commissioning and procurement market to justify the time and effort involved in developing a consortium. This is a routine part of demonstrating the feasibility and business case for the consortium initiative. Supply-side factors There are also a host of factors on the supply side, i.e. on the voluntary sector collaborators side of the equation. Entrepreneurial aptitudes There is a series of what might be described as ‘entrepreneurial’ qualities or aptitudes that the collaborators need to possess. These include: H Vision: being able to ‘see the wood for the trees’ and having a clear sense of what is achievable in the long term. H Leadership and drive: certain people need to lead and drive the consortium development. One of the dangers of a formal consortium that is jointly owned by all the collaborators is that a ‘leadership vacuum’ can emerge; a sense that ‘because we are all equally responsible, no one of us is!’ In this scenario the individuals involved need to be clear about committing to lead on and undertake certain tasks that will move the process forward. H Resilience: inevitably, like any new business venture, the consortium will hit stumbling blocks, things won’t go to plan and there will be set-backs – a bid for working capital fails, negotiations with commissioners seem to stall etc. In these instances the collaborators will need to have sufficient staying power to bounce back and keep things moving forward. SE ECTION 1 / INTRODUCTION Commissioners need to be prepared to flex existing commissioning arrangements in order to better accommodate consortium bids. Also, there is often an imbalance of risk in the commissioning arena, with small voluntary organisations being expected to meet challenging PQQ thresholds and typically to compete with larger private sector bidders for contracts. There needs to be recognition amongst commissioners that the balance of risk needs to be adjusted and that voluntary sector consortia can play a pivotal role in achieving this adjustment. 23 CONSORTIUM DEVELOPMENT TOOLKIT Access to finance There is a clear link between access to development and working capital at different stages of the business life cycle (though especially at start-up and early implementation stage) and ultimately the success of consortia in winning contracts and delivering high quality services. SEC CTIION 1 / INTRODUCTION Typically, there is a lot of work to get through in establishing a consortium from scratch – plans to be written, policies to be developed, systems to be put in place. All this requires some level of resource. 24 One option is for the collaborators to commit in-kind resources by agreeing to undertake certain tasks (a collaborator agrees to lead on writing the consortium business plan, for example), though it is usually difficult to get everyone to agree to this, often because the collaborators have limited internal capacity themselves. A preferable way forward is to source actual cash investment. This could come from a number of channels: H the collaborators agreeing to commit small amounts of working capital/seed corn funding from their own coffers (but this can be problematic for small organisations with limited resources); H sourcing development grant funding from the Lottery or a Trust/Foundation; H securing seed corn funding from a commissioner/public body; H negotiating a loan investment from a social investor. Access to appropriate business support Collaborators who are able to access appropriate, specialist business support or external consultancy are also likely to increase their chances of success. Securing relevant expertise can help the partners to fast-track certain aspects of the development and implementation process, especially those of a more technical or complex nature. Learning from other consortia and linking into consortium-related networks is also a key ingredient in the recipe for success. This enables the collaborators to learn from what works, and, just as importantly, understanding what doesn’t. CASE STUDY – DESTA HAMMERSMITH AND FULHAM Desta Health and Social Care Consortium was incorporated in February 2011 and registered as a charity in July 2011. It operates across eight London boroughs: Brent, Ealing, Hammersmith & Fulham, Harrow, Hillingdon, Hounslow, Kensington & Chelsea and Westminster and had thirty-seven member organisations at January 2012. In June 2011, Desta won its first NHS contract for £670,000 to deliver the Expert Patient Service. By October 2011, Desta had completed its first TUPE transfer, put CRITICAL SUCCESS FACTORS IN CONSORTIUM WORKING in place a GAD - certified comparable pension plan and commenced delivery with eight partner organisations across three boroughs. Desta was established by CaVSA Hammersmith & Fulham (CaVSA), the local Council for Voluntary Service which, as part of an earlier consortium of local organisations, had secured £0.5m BASIS Big Lottery funding to set up four voluntary sector consortia by August 2013. Shani Lee, Head of Partnerships and Commissioning, was appointed as the lead for consortium development in CaVSA. She came with background experience in voluntary sector economic development and business support, including partnerships and other informal consortia. It gave her an understanding of the kind of tensions around equality between organisations and the need, on one hand, to support smaller bodies, and on the other hand to manage risk and liability for larger organisations. Shani is also deeply committed to a diverse voluntary sector ecology – as were the commissioners – and the importance of small niche providers. The challenge was to develop a single point of contracting that would allow small organisations to participate, and that would also manage risk. Armed with a checklist of issues, Shani attended a workshop delivered by Neil Coulson for ACEVO’s Procurement Champions Network in June 2010. The ‘hub and spokes’ structure of the formal consortium model addressed many of her (long) list of issues. The consortium is owned and controlled by its members, with each member having an equal vote; the trustees are compelled to act in the interests of the consortium membership as a whole. At the same time, the consortium is run by a democratically-elected strategic board which provides strong leadership, governance and collective intelligence and is supported by professional business and contracting expertise through the hub. Much of Shani’s role involves relationship building. For example, the Health Commissioners were already very positive about working with a consortium but Shani had to ensure that they understood that the ‘hub and spokes’ model would meet their needs, and responded to their concerns about risk management and quality assurance. Regular updates took place with, roughly, fortnightly phone contact and brief meetings every six to eight weeks for about a year, prior to the invitation to tender. Local voluntary sector organisations required surprisingly little persuasion of what they stood to gain through a collective approach. Smaller bodies in particular understood that they needed to be part of larger structures in order to engage with wider opportunities. In several cases trustees had mandated their senior management to support the consortium’s development. Other organisations were happy that CaVSA was setting this up, and were happy to be SE ECTION 1 / INTRODUCTION There was already an excellent relationship with local PCT commissioners who had approached CaVSA about developing a partnership of voluntary sector organisations with a lead body. The PCT was looking for a single provider to deliver an aggregated service with an annual contract value of £337,600 across three London boroughs. Previously, the PCT had had contracts of £16,000pa with many small voluntary organisations that commissioners had directly supported. These were located in one borough and, individually, would not have had the capacity to bid or to manage a tri-borough service. 25 CONSORTIUM DEVELOPMENT TOOLKIT approached to join once the consortium was established. On the whole, larger organisations found it more difficult to adapt to a joint approach, although they recognised the needs and benefits for individual organisations of operating as part of a consortium. SEC CTIION 1 / INTRODUCTION Advice to consortium start-ups 26 Shani appreciates that CaVSA has been fortunate to have had the BASIS funding, which has paid for Shani’s post and for running costs of the consortium infrastructure and given them some breathing space when it came to looking for contracts. However, the actual costs of setting up a consortium are not that great, and she believes that the development role can come from a number of organisations working together. CaVSA’s task has been made easier due to the good relationships already fostered within the sector. Having these networks already in place makes the task of developing a consortium much easier.
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