Archive
Graham Russell's Blogs
23/12/11 Solid mandate for the future
As one year draws to a close and another one beckons, it is a good time to reflect on a year of change but one that has given us a solid mandate for the future delivery of better regulation.
2012 will be another challenging year, with reducing budgets and increasing expectations. As always the solution will be found in working together to deliver radical solutions that meet the needs of those who depend on regulatory services.
Following the Government's November announcements after the consultations on the future of LBRO, extending Primary Authority and transforming regulatory enforcement, we are now able to confidently move forward together into a new phase for protection and growth. The Government's response recognised LBRO's focus on delivery, effective representation of business views and growing partnership with regulators and professional bodies such as TSI and CIEH.
From April 2012, the Better Regulation Delivery Office (BRDO) will take on the mantle of driving the better delivery of regulation through the right relationships between business and regulators. BRDO will help simplify the regulatory system and encourage improvements in regulatory delivery that support growth. It will provide a forum for business engagement at the heart of the regulatory system, and advice on regulatory delivery within government in Westminster and Cardiff.
The Government has stated its intention to "transform the culture of enforcement" so businesses will see a real difference. There will be a review of all regulators, and sunset review clauses will be applied to new regulators. Higher profile will be given to the Regulators' Compliance Code and there will be presumptions that regulators should help businesses comply with the law and no business should face a sanction for simply having asked for advice. As a new organisation, with a more central position, BRDO will be assessed according to how it plays its part in delivering this intention.
One of BRDO's principal roles will be to operate and extend Primary Authority. Those who responded to the consultation identified the value to business of the scheme: increasing confidence, reducing costs and improving protection for consumers and workers. In its response to the TRE consultation, and to Professor Löfstedt's Review, the Government has committed to extending Primary Authority so that it is more comprehensive, enables earned recognition of compliant businesses and provides more benefits for smaller business; and to working with HSE and other national regulators to ensure a consistent, cohesive, strategic approach.
As Primary Authority grows, it is increasingly important to ensure those involved in partnerships are able to shape its future. That's why we are now creating a Primary Authority User Group which will work in a similar way to the Local Authority Reference Panel, the World Class Coalition, the Welsh Regulators Forum and the Business Reference Panel, using the experience and insight of those who are already part of the scheme to aid its development. Membership will include business and local authorities to reflect the profile of existing Primary Authority partnerships. More details are available on our dedicated user group page.
I hope you all have a restful and festive Christmas and New Year and return ready to take on the challenges and opportunities that lie ahead.
4/11/11 A template for the future
November 1 was a major milestone for LBRO with the launch of the Common Approach to Competency for Regulators which carries the endorsement of the World Class Coalition (WCC), and which was strongly supported by the Business Minister, Mark Prisk.
The WCC statement of support says "front line local authority regulators and their managers are strongly encouraged to undertake their professional development" using this flagship product.
Regulatory professionals will no doubt take due notice given the wide range of support in the WCC, comprising representatives from the CIEH, TSI, Institute of Licensing, Local Government Association, Health and Safety Executive, Food Standards Agency, National Measurement Office, Animal Health and Veterinary Laboratories Agency, and Association of Port Health Authorities, and others.
And the endorsement from officers who piloted the approach earlier in the year will give regulators confidence that this is an approach that works. The Common Approach to Competency provides a unique set of agreed core skills for regulators to use, supported by web based resources for personal development planning.
It has been designed to be very flexible and can be used in a number of ways depending on local circumstances. It is a personal development tool rather than an assessment of competence against a benchmark. Its tools - self-assessment against the RDNA and personal development through GRIP - are designed to support continuous professional development of professional front line officers.
And it is unique; the only place which provides widely agreed regulatory competency standards and learning resources, developed collaboratively through the World Class Coalition.
The Common Approach supports cost-effective personal development, and is inherently linked to the professional qualifications frameworks which underpin regulatory competence - it does not replace professional qualifications.
Development of the Common Approach to Competency has benefited from the close involvement of the professional bodies, national regulators and front line local regulators.
It is hard to think of any single project that encompasses so many different organisations and areas of regulation. In this age of seeking innovative ways of working to more with fewer resources, this project has brought us together in a unique way, and one which could form the template for future successful collaborations.
21/10/11 Growth by example
Growth is now top of the economic agenda, and not just in the UK. Throughout the European Union, Governments are looking for solutions that will make a difference to their prospects for creating wealth.
Recent discussions with European colleagues have highlighted the leading role played by the UK in driving better regulation and developing its potential for encouraging business growth.
In the UK, our focus is on the role of delivery and looked at the business experience.
We have identified nine case studies from UK and overseas which illustrate different ways in which good regulation aids growth by cutting costs, supporting confidence and control and delivering wider outcomes (like public health and a fair market) which themselves support growth.
The UK is controlling the amount of regulation on the statute books through, for example, the ‘one in, one out' policy, and the focus is now shifting to the experience of those who are regulated, by looking at delivery.
Delivery of regulation is all about the people who enforce it. Their professional standards make the difference to business, to the public they protect - and to the economy we're trying to help.
With this in mind, local authority officers in environmental health, trading standards and licensing will soon have access to a unique new competency framework to assist their professional development.
LBRO, CIEH and TSI, and others have been working to extend the RDNA approach to all areas of regulatory competency and, by November, there will be a core of regulatory skills and knowledge, and specialist modules in health and safety, food (food hygiene and food standards), animal health and welfare, housing, metrology, and port health.
There is no silver bullet that will create growth but part of the solution is the need to make regulation work better for business and consumers. We will shortly publish our own work, Regulating for Growth, which will study the role of effective and efficient regulatory delivery in supporting local and national growth.
20/09/11 No time to forget prosperity and protection
Delivering better regulatory services with less funding is an ongoing test of ingenuity and tenacity.
Knowing the extent of the challenge is part of tackling it. Working on behalf of a group organised by Sir Don Curry, Chairman of BRE, LBRO has analysed data collected from all local authorities in England and Wales by CLG, CIPFA and the Welsh Government to get an idea of the budget cuts that local authority regulatory services face in 2011/12.
The findings make interesting reading. According to our analysis, planned local government spending on regulatory services in England has been cut by 8.8 per cent this year compared to last, or £63m in cash terms. Overall, local authority budgets for service delivery have been cut by 5.7 per cent in 2011/12, meaning the cut in regulatory services budgets is above average.
Regulatory services budgets in Wales have been cut by 5.9 per cent, which compares to the overall cut in local authority expenditure of 1.2 per cent. The regulatory services budget decrease equates to a cut of £4.5m.
Some services fare better, some worse, with impacts ranging from cuts of more than 40 per cent to increases above 10 per cent. Most local authority regulatory services face cuts of 10 per cent or more.
Many services will have anticipated this situation and made plans accordingly; but not for some hoped for rosy future when the economy is stronger and the money taps open again.
The UK public sector is changing and there is unlikely to be a return to past ways of working. If we want to have a regulatory system that delivers prosperity and protection, we must adapt to the changing reality of the economy and public expectations.
The recent consultation on Transforming Regulatory Enforcement pointed to a new way of regulating. This will be centred on risk-based assessment in which businesses trhat can show their ability to sustain compliance are offered trust-based relationships, while those who put their employees, customers and competitors at risk receive appropriate sanctions.
This approach offers regulators greater efficiency and the opportunity to use diminishing resources effectively to protect consumers and build local prosperity.
View the full analysis at www.lbro.org.uk/resources/docs/lars-budgets-2011-12-overview.pdf
7/09/11 Celebrating the common touch
It seemed like a mountain to climb, and there were some who doubted the goal could be achieved: a common approach to competency for local authority officers.
Many felt the various disciplines were too diverse, and that the various parties involved would never be able to agree, but after hard work by partners in the World Class Coalition, officers working in licensing, trading standards and environmental health will have access to a common competency framework to assist in their professional development.
Its basis is the RDNA (Regulators' Development Needs Analysis) approach to competency used within health and safety regulation. By November, RDNA will be available to officers working on food (food hygiene and food standards), animal health and welfare, housing, metrology, and port health, and by spring 2012 RDNA will be extended to cover pollution prevention and control, licensing (in particular the Licensing Act 2003), fair trading, product safety, and agriculture.
So, for the first time, local authority officers have a nationally recognised and agreed competency framework and a system to identify and meet their development needs. This is no mean achievement.
The value of this, in a time of acute uncertainty in the economy and the public sector in general, should not be underestimated. Confidence in many sectors and institutions has been undermined, and this new framework goes a long way to re-establishing it. Local authorities will be able to demonstrate their worth to everyone - national regulators, the government, business and, not least, the public at large.
Our aim is to make RDNA available across additional local authority functions, and we are exploring the potential for making it available to environmental health and trading standards practitioners working in the private sector.
Great achievements come as the result of working together. We have had great support from the members of the World Class Coalition and tremendous feedback from the local authorities taking part in the pilots. The common approach to competency will be a lasting contribution to better local regulation and a positive statement about the value of professional officers.
And it is, we believe, a world's first, and something of which all involved should be proud.
22/07/11 TSI conference observations
So much useful discussion took place at the recent TSI conference that I thought it would be helpful to give a flavour of some of the discussions.
I took part in the plenary session on regenerating the economy through good business along with Philip Cullum, Consumer Focus; Sukh Gill, Chief Regulatory Advisor, Müller Dairy; Dr Kevin Hawkins, Retail Sector Champion for the Red Tape Challenge; and Mark Boleat, member of the Regulatory Policy.
I hope the overall message was that encouraging business growth through better regulation isn't about enforcement; it's about compliance, and leads to important outcomes in regard to climate change, quality of life, and better competition.
Business development and growth are mutually supportive, and protection matters as much to the business community as it does to consumers. I think it is important that regulators, as well as business and the public, have their say in the Government's consultation on enforcement-strategy, which is part of The Red Tape Challenge.
The question and answer session that followed provided the opportunity to discuss many helpful suggestions. We talked about Enterprise Zones and Local Enterprise Partnerships, and the challenges that local regulators face in getting involved, and how we might help smaller businesses to start up.
Sukh Gill said it was important for regulators to develop commercial experience (such as through LBRO's Trading Places initiative). I believe we need to challenge the myth that business support is a costly luxury; it can be the most cost-effective way to sustain compliance.
There was general agreement that SMEs are vital to the economy but it was suggested that many are quite ignorant of the law and the help available, and that a registration system might facilitate signposting.
This latter suggestion was not accepted by Mark Boleat who saw it as another obstacle to new business. He felt that new businesses can get the advice they need.
There are some positive signs here, including the Leicester and Leicestershire LEP offering a one-stop shop in partnership with regulators and business; the Government is consulting on Primary Authority extension - and extension to trade associations could assist them to work with regulators to provide assured advice.
Leadership master class
The theme of this session, facilitated by LBRO, was solving the problems that matter to business. It brought together regulators and regulated for an interactive session with business speakers (Nick Grant, J Sainsbury; Parminder Singh, National Federation of Retail Newsagents; Harold Gay, LBRO Date Coding Group; Paul Manson, WH Smith; Bill Bennett, Ladbrokes; and Martin Traynor, Leicestershire Chamber of Commerce).
Martin Traynor, who also represents the Leicester and Leicestershire LEP, made the point that there are 38,000 businesses in Leicester and Leicestershire, 80% of which employ less than 10 people.
He said the only contact outside their customer base may be the regulatory officer, and that in north-west Leicestershire when businesses were in difficulties they could be signposted to particular support organisations. He said Leicestershire Trading Standards recognise that enforcement is important but are also very good at supporting and giving advice.
Nick Grant, who has been Chair of the Retail of Alcohol Standards Group since its formation in 2005 following a devastating set of test-purchase results for the Home Office, said industry had done a great job and things have moved on.
He said a relationship with regulators can be established based on trust and partnership, delivering more efficient and better outcomes and less burden and cost for businesses.
Sainsbury's was an early adopter of Primary Authority and the business has a good and strong growing relationship with regulators in Oxfordshire. It is seen as a good way of dealing with the tension between needing a national consistent framework and decentralisation of power and autonomy to regions.
Paul Manson of WH Smith said test-purchasing appears to be seen as an easy solution without necessary evidence of an actual under-age sales problem and that there needs to be more understanding and communication on an open and frank basis.
Use by dates
Harold Gay chairs a group of Business Reference Panel members to look at better regulation surrounding the enforcement of use by dates, which reported on the business view of the issue. He said the group found the law could be better drafted to address risk rather than just selling beyond use by date. The group found that overuse of use by dates confuses consumers who then ignore them!
In the question and answer session, the question was asked how local authorities could best go about training and working with businesses seeking consistency: partnership seems to be the answer.
Nick Grant said that he had seen, through Community Alcohol Partnerships, that they work best as a joint project that business and regulators believe in and with resource from both sides.
Test-purchasing
During the conference, LBRO launched its consultation on a broad framework of principles to encourage compliance and enforcement regarding sales of age-restricted products.
Nick Grant stirred up the debate when he insisted that random testing does take place. He said it may be a general approach to a general problem in an area but it's still random to a particular retailer.
He said we have to find structures for joint working based on trust, and that any intelligence gathered should be shared.
David Hetherington of Margetts & Ritchie said he had seen a video by USDAW showing the impact of test purchasing on shop-workers: he felt everyone in test-purchasing should see the sickening impact it has on employees who have absolutely nothing to benefit from an under-age sale.
The TSI conference left us at LBRO with plenty of food for thought and a good foundation for developing ideas further. I hope it helped others who attended too.
07/07/11 Talking up the future
Everyone in the regulatory community faces common challenges in protecting the public whilst enabling the economy to grow, and doing it against a background of severe pressure on public finances.
So I took a lot of encouragement from the recent TSI conference which provided the opportunity for many useful and productive conversations, and I would like to reflect on some of these.
Business Minister Mark Prisk announced earlier this year that LBRO's independent and technical expertise will be carried forward in a streamlined body which will be focused on two priorities: Primary Authority and business engagement, and simplifying regulatory delivery, within the Department for Business, Innovation and Skills, and they are now consulting on this.
The Government is also consulting on extending the Primary Authority scheme, which is not just attracting large retailers; SMEs are taking up the advantages in being in a primary authority partnership. While larger businesses might have the resources to employ their own regulatory professionals, SMES are under more pressure and many rely on the support that local authorities can give. More manufacturers are coming on board as it is important for them to have clarity and assurance about new products.
Last year, our Business Reference Panel, comprising major business organisations and trade associations, identified the enforcement of age restricted products legislation as one of the top concerns for their members. Their subsequent evidence-based report, Better Regulation of Age-Restricted Products: A Retail View made recommendations around the development of a code of practice which should reflect the principles of good enforcement, and should deal with all aspects of the use, conduct, prompt notification and follow up of test-purchasing exercises.
The TSI conference proved to be an ideal opportunity to launch our consultation on a broad framework of principles to encourage compliance and enforcement regarding sales of age-restricted products. The framework will provide the context for developing a code of practice containing detailed provisions for regulators and enforcement agencies, particularly where test-purchasing is concerned.
And finally, Mark Prisk has also recently received a report on the date-labelling of food, Better Regulation of ‘Use By' Date Labelled Foods: A Business View, which was written for us by the Date-Coding Review Group, comprising representatives from businesses and industry associations. It emphasises the need to reduce waste whilst maintaining consumer protection - and it highlights the £600m cost for consumers and businesses.
At the same time as all this, BIS has launched the consultation on the consumer landscape and the Red Tape Challenge on enforcement. There is a lot going on and we have plenty of work to do: the challenges ahead will not be easy for anyone. However, recent conversations have already started to clarify our direction and what we're up against - and that is of huge benefit.
23/05/11 Diverse ways to prosper
Reports recognise the contribution that diverse businesses make to the regional and national economies.
Black and minority ethnic (BME) communities, for example, have above average levels of self-employment, and BME micro-businesses contribute an estimated £40bn to the UK economy annually.
These businesses serve diverse areas of the UK and offer significant benefits for economic regeneration. However, while local authorities have a good track record of considering diversity within their communities, it is not clear how well this is carried out for their business communities affected by the activities of their regulatory services teams.
Following representations by a number of local authorities and business groups, we plan scoping work with businesses and business organisations and local authorities to develop understanding of the practical issues, and we are keen to hear about the work of local regulatory officers who have been involved in diversity-focused projects.
We will use this input to promote discussion and develop a common purpose on the issue of regulatory compliance for diverse businesses, and examine in more detail the approaches to maximise support from regulatory services.
And we will use our links with Local Enterprise Partnerships to consider how any learning about the nature of regulatory culture and approaches can be maintained and strengthened through LEP and EZ mechanisms and shared more widely.
Although this work will focus on the barriers faced by BME communities in the first instance, there is also potential to expand the scope to encompass younger entrepreneurs or women-owned enterprises.
If you have a story to tell regarding engagement with diverse businesses locally, assessing business needs or developing the skills of your officers, please let us know. Support for diverse businesses can play a key role in meeting local needs and promoting local growth: let's share our experiences and achieve more together.
26/04/11 The forgotten principle
One of the most important Hampton principles is the regulators' role in supporting prosperity and yet at times of financial hardship this is often the one most likely to be ‘forgotten'.
Regulators have a clear understanding about the protection side of their job and when only so much can be done, this is often the sole focus of their attentions.
However, I would argue that - as key players in their communities - it is now more critical than ever that environmental health and trading standards officers also encourage economic growth wherever possible.
Where does this start? The first step is to understand the needs of business. As part of their work to encourage better regulation through Local Enterprise Partnerships (LEPs) Birmingham and Leicestershire Chambers of Commerce are working with LBRO on online surveys of their members on regulation and business advice.
So far, 68 per cent of businesses say that regulation inhibits their growth. And very interestingly, they say it can be the way the regulation is applied in practice that is the greatest problem. This shows just how much difference those working at the frontline of delivery can make to help businesses thrive, or hinder their growth.
These early results go on to say that business leaders have a clear appetite for closer working relationships with regulatory services. For example, almost all businesses responding to the surveys so far would like to know they can get advice without fear of prosecution.
Many feel (42% of responses to date) they cannot do so and a similar proportion (40%) find it difficult or very difficult to get compliance advice they can rely on. We hope these findings will help regulators within Local Enterprise Partnerships (LEPs) to better understand and meet business needs.
With a clearer insight into business, regulators will stand a better chance of supporting the economy at local level and of delivering prosperity and protection.
22/03/11 Get the idea?
In 2004, Kirklees Council established the Better Health at Work project, a partnership between Kirklees Environmental Services, the Health and Safety Executive, local Primary Care Trusts and Jobcentre Plus.
The authority recognised that improving health promotion would have a much greater economic impact locally than continuing health and safety inspections in low risk premises, and through the project it moved its focus to health and well-being.
Very highly regarded by GPs, the project provides free and confidential advice and support to businesses and individuals. This has been shown to improve health and safety in the work place, and have a significant initial impact on days lost to sickness and incapacity benefit.
Here then is a local authority that has come up with a great innovation with demonstrable results - the only question is ‘why hasn't it been picked up more widely?'
Some local authorities have taken this approach forward but, given its success, is that enough?
And this is just one example. It seems to me that many good ideas are not reproduced as often as they might be. This challenge is one that we all face; in national organisations and professional bodies as well as local authorities.
In these times, when we are being asked to deliver more with fewer resources, we all have to be open to learning from the experience of others and implementing fresh thinking from outside our immediate circle.
So I would be interested to know your views: why aren't good examples picked up and copied more often?
Is there really a ‘not invented here' syndrome?
Are good leaders not always good followers?
Are the differences between regulators too great to allow things that work elsewhere to be reproduced?
Is it too expensive to initiate change?
What do you think?
01/03/11 Impetus for change at the Year Ahead
Just over a week has passed since the end of the Year Ahead Conference 2011, giving me time to reflect on the impetus for change coming at us from all directions.
Some of the talk at the event in Hinckley, Leicestershire, was of the ‘perfect storm' brought by the economic downturn, public sector cuts and significant changes in the regulatory landscape.
However, just as a storm can clear the air, so we can find opportunities within the challenges facing us. The massive drive for change and the increased desire amongst Government, national regulators, business and professional bodies to work together can bring benefits.
Toby Blume, CEO of the third sector organisation, Urban Forum, was talking about Big Society when he said the ‘future was ours to make' but it applies across the landscape as a whole.
Over the two-day conference, there was a clear agreement that we need to do things differently. And with no singular view of what the landscape should look like, it is up to us to create it. Innovation is critical and must be celebrated and shared where it's found.
I was talking to Steve Jorden, Head of Worcestershire's Regulatory Services, after he presented in a workshop on peer challenge and different approaches to producing successful outcomes with ever tightening resources. His shared services approach appears to be working and is likely to bring even bigger benefits than the purely financial ones.
And we need to consider where things aren't working too - and support change across the system to resolve it.
There is a little good news amongst all the cuts. There are proposals for resources for public health to be ring-fenced and managed locally. Principal Policy Officer for CIEH, Ian Gray, told the conference we needed to ‘get ahead of the curve' and be ready to take advantage of the opportunities this presented us.
In order to be ready to tackle face-on the challenges ahead, it is important we have robust competency and training standards. LBRO's own Director, Wendy McVey, joined Tony Lewis from CIEH and Phil Owen from TSI in a workshop on the new competency framework.
Finally, as I mentioned, the role of local regulation in local economies is becoming more obvious and important to all. We know local regulators often act as the primary interface between their council and businesses, providing critical support and advice that enables prosperity and protection. They see us as a unified force and we can only be stronger by acting as one.
07/02/11 Continuing the good work
Following the review of LBRO, we have a new remit and renewed direction: Business Minister Mark Prisk's announcement of plans for streamlining and improving how regulators deal with businesses has given us a solid foundation upon which we can continue with our work and develop it further.
LBRO has achieved a lot in a short time. Director General of the British Retail Consortium, Stephen Robertson, said LBRO has "made great improvements to local regulation which have benefitted both business and local government. Its independent status has played an important part in this".
And the Minister's decision has been welcomed by the Chief Executive of the Association of Convenience Stores, James Lowman, who welcomed the fact our "expertise and people will be retained".
The Minister's announcement gave high profile to the intent to continuing the expansion of LBRO's Primary Authority scheme - clearly it is here to stay. LBRO's work will continue through its functions and staff expertise. Although we will be part of the Department for Business, Innovation and Skills, we will maintain our independence.
We have launched a number of new projects to support the Government's plans for streamlined and improved regulation, which will focus on better outcomes for communities and businesses.
These include exploring earned recognition with major companies including Tesco, Asda, Sainsbury's, Iceland, Moto, JD Wetherspoon, Argos and Homebase and the Primary Authorities they work with.
But it's not just about ‘mega' businesses. We are also piloting the application of Primary Authority principles to support for small businesses with a number of local authorities.
In our new form we will work with the Better Regulation Executive, the Regulatory Policy Committee and national regulators on the design and delivery of these new approaches and alternatives to regulation.
For example, working with the Chartered Institute of Environmental Health and the Trading Standards Institute, through the World Class Coalition, we will seek to introduce a common and transparent framework of professional standards of competency.
We will also be testing a common approach to risk assessment with national and local regulators.
These new arrangements will enable us to build on our successes, and we will work closely with BRE and BIS colleagues to deliver even better outcomes for business and consumers.
See our release www.lbro.org.uk/news-new-products-review.html
11/01/11 Big society, big business
Following the review of LBRO, we have a new remit and renewed direction: Business Minister Mark Prisk's announcement of plans for streamlining and improving how regulators deal with businesses has given us a solid foundation upon which we can continue with our work and develop it further.
LBRO has achieved a lot in a short time. Director General of the British Retail Consortium, Stephen Robertson, said LBRO has "made great improvements to local regulation which have benefitted both business and local government. Its independent status has played an important part in this".
And the Minister's decision has been welcomed by the Chief Executive of the Association of Convenience Stores, James Lowman, who welcomed the fact our "expertise and people will be retained".
The Minister's announcement gave high profile to the intent to continuing the expansion of LBRO's Primary Authority scheme - clearly it is here to stay. LBRO's work will continue through its functions and staff expertise. Although we will be part of the Department for Business, Innovation and Skills, we will maintain our independence.
We have launched a number of new projects to support the Government's plans for streamlined and improved regulation, which will focus on better outcomes for communities and businesses.
These include exploring earned recognition with major companies including Tesco, Asda, Sainsbury's, Iceland, Moto, JD Wetherspoon, Argos and Homebase and the Primary Authorities they work with.
But it's not just about ‘mega' businesses. We are also piloting the application of Primary Authority principles to support for small businesses with a number of local authorities.
In our new form we will work with the Better Regulation Executive, the Regulatory Policy Committee and national regulators on the design and delivery of these new approaches and alternatives to regulation.
For example, working with the Chartered Institute of Environmental Health and the Trading Standards Institute, through the World Class Coalition, we will seek to introduce a common and transparent framework of professional standards of competency.
We will also be testing a common approach to risk assessment with national and local regulators.
These new arrangements will enable us to build on our successes, and we will work closely with BRE and BIS colleagues to deliver even better outcomes for business and consumers.
10/09/10 A problem halved
They say a problem shared is a problem halved: and there is a lot to be said for getting together and comparing notes when faced by a common challenge.
In the case of our free Shared Learning Seminar coming up in Birmingham on October 12th, we have the advantage of hearing from local authorities who have already ‘been there, done that' when it comes to setting up shared service arrangements.
The experience from Worcestershire, and the nine unitary authorities in England which replaced 44 county and district councils, will be fascinating - and invaluable to those considering similar changes.
And there is as much value in hearing about approaches that have been tried and which have not worked out as those that have succeeded well. Ideas lead to more ideas, and even what has proved to be a blind-alley for one group might have better potential for another.
However, we are well aware that this is only the first gradual incline of the learning curve. The challenges ahead are multiple. We are entering a time when nothing can be taken as read, and everything - delivery structures, service design and partnerships - is up for debate and re-examination.
This is a process that is likely to continue for some years, and the decisions we take now will have far-reaching repercussions. In short, there will be a lot more to learn and a lot more to share.
We have to think beyond simply doing more for less, but of doing things better - that, putting the emphasis on the outcome rather than the process.
07/08/10 Counter proposals
Retailers are in the frontline when it comes to dealing with some awkward aspects of community responsibility - in particular the issue of age-restricted products and ensuring they're kept out of the wrong hands.
Whether it is the person operating the checkout of a busy supermarket or an assistant working alone in a corner shop, they can find be put in some highly pressured positions.
The £20m that the industry spends every year on preventing sales to underage people of alcohol, tobacco, spray paint, knives, fireworks and other age-restricted products, is of little consolation when an individual makes a mistake and finds themselves breaking the law.
The effects of a prosecution can be traumatic for the individual; who see those who attempt to buy the goods apparently getting away unpunished.
At the same time the businesses feel that they are seen as part of the problem rather than part of the solution and their efforts to avoid sales are unrecognised when they are often not informed about their refusals to sell to test purchasers.
These concerns led us to bring business together as one voice on this subject for the first time, as part of our drive to improve accountability and create the right conditions for prosperity and protection.
The Age-Restricted Products Review Group, chaired by Geoff Budd, represented more than 250,000 retail outlets from small shops to major businesses through trade associations and professional bodies. It has now published its report Better Regulation of Age-restricted Products: A Retail View which makes 12 recommendations.
The Group wants to see the law simplified and made more effective, with the current 18 separate pieces of legislation unified and a binding code of practice to improve the effectiveness of test purchasing. And they want LBRO's Primary Authority scheme extended to cover all age-restricted products.
Members would like to see wider adoption of partnerships between local regulators and trade associations, and closer working on the wider underage sales agenda with local businesses and shared responsibility for underage sales amongst business, young people and adults who buy on their behalf.
Retailers recognise the harm that misuse of these products does to health and community well being. They want to stop underage sales but find the regulations place disproportionate burdens on their businesses. In short, they want to be seen as part of the solution, not part of the problem.
The full report can be viewed at http://www.lbro.org.uk/cms/publications-home.html
06/08/10 Confidence in what we do
When Business and Enterprise Minister Mark Prisk recently announced the review of LBRO's activities, it presented us with an opportunity.
Working in a busy organisation that operates in a challenging environment means it is sometimes easy to take our achievements for granted.
However, the review process not only gives us the opportunity to highlight particular successes but also the partnerships and trust that we have built in that time, in particular the relationships with major business groups developed through our Business Reference Panel.
It is no coincidence that bodies such as the Federation of Small Businesses, the Association of Convenience Stores and the National Federation of Retail Newsagents have all recently given their support to LBRO
Our work is about creating the conditions necessary for improving the way our regulation works. LBRO is simplifying a system that has evolved over two centuries, involving more than 12 national regulators and government departments and 433 local authorities, and delivering nearly 200 pieces of legislation.
Change of this scale requires a change in culture across government that will lead to reduced burdens on business and better protection for our communities.
In this wide field of deregulatory initiatives, one particular agent of change is LBRO's Primary Authority scheme which ensures businesses can access reliable and assured advice about their regulatory responsibilities, thus lowering costs and reducing burdens.
Primary Authority has buy in from major businesses and business groups because it delivers tangible results - there are now 310 partnerships covering over 21,000 premises and 283,000 employees, and it continues to grow. And with the mandate of Ministers, LBRO is working with BRE to examine extension of Primary Authority to take co-regulation further.
Trading Places, our initiative for bringing business and regulators closer, is another achievement of which we're proud, involving 229 businesses and 15 trade associations: 366 local regulators have undertaken or registered on placements to improve their understanding of business.
LBRO has also developed a practical toolkit, which for the first time, enables regulatory services to measure the impact and outcomes of their activity at a local level - 100 local authorities have so far worked through this highly valuable tool.
We think that what we do, and the way we have been set up to do it, puts us in a unique position, bridging business, local authorities and central government.
01/07/10 Counter proposals
Retailers are in the frontline when it comes to dealing with some awkward aspects of community responsibility - in particular the issue of age-restricted products and ensuring they're kept out of the wrong hands.
Whether it is the person operating the checkout of a busy supermarket or an assistant working alone in a corner shop, they can find be put in some highly pressured positions.
The £20m that the industry spends every year on preventing sales to underage people of alcohol, tobacco, spray paint, knives, fireworks and other age-restricted products, is of little value when an individual makes a mistake and finds themselves breaking the law. The effects of a prosecution can be traumatic for the individual; who see those who attempt to buy the goods apparently getting away unpunished.
At the same time the businesses feel that they are seen as part of the problem rather than part of the solution and their efforts to avoid sales are unrecognised when they are often not informed about their refusals to sell to test purchasers.
These concerns led us to bring business together as one voice on this subject for the first time, as part of our drive to improve accountability and create the right conditions for prosperity and protection.
The Age-Restricted Products Review Group, chaired by Geoff Budd, represented more than 250,000 retail outlets from small shops to major businesses through trade associations and professional bodies. It has now published its report Better Regulation of Age-restricted Products: A Retail View which makes 12 recommendations.
The Group wants to see the law simplified and made more effective, with the current 18 separate pieces of legislation unified and a binding code of practice to improve the effectiveness of test purchasing. And they want LBRO's Primary Authority scheme extended to cover all age-restricted products.
Members would like to see wider adoption of partnerships between local regulators and trade associations, and closer working on the wider underage sales agenda with local businesses and shared responsibility for underage sales amongst business, young people and adults who buy on their behalf.
Retailers recognise the harm that misuse of these products does to health and community well being. They want to stop underage sales but find the regulations place disproportionate burdens on their businesses. In short, they want to be seen as part of the solution, not part of the problem.
The full report can be viewed at http://www.lbro.org.uk/cms/publications-home.html
30/06/10 Getting on with it
Sometimes it seems that our regulatory system has evolved, rather than been designed, over the past 200 years or so: there are now more than a dozen national regulators and government departments, and over 400 local authorities delivering nearly 200 pieces of legislation that affect the quality of our lives.
Making this work as a cohesive system comes down to LBRO. We work out the implications and the means of change. Our specialist research provides the facts and the evidence needed to agree a particular course of action.
Our unique purpose is to bridge the gap between business (through our Business Reference Panel), local and national regulators, and central government.
That's why we are delivering Primary Authority which requires the confidence of business and local authorities, and provides equality and assurance across the country.
Schemes like Primary Authority are extremely important because they provide a high profile example that LBRO, and local authorities, can deliver what they're promising for business - and it has demonstrable, quantifiable results.
And that's what business wants to see now - delivery.
For that reason, we were delighted when ministers asked BRE and LBRO to explore extending Primary Authority. We will continue with this scheme and with Trading Places which helps to bring local authority regulators and businesses closer together.
We will also continue our work with national regulators and professional bodies to ensure that our complex world of regulation works cohesively as a single system providing better outcomes for all.
We will get on with it; and we will deliver.
11/06/10 Getting engaged - with business
One of our key roles is to listen to the aspirations of business.
A cornerstone of our engagement with the commercial world is our Business Reference Panel, comprising all the major business representative bodies and leading trade associations.
This is where the views of UK industry and commerce on better local regulation can be heard, and in turn business can see demonstrable action taken as a result.
One of the business representatives is Matthew Goodman, Head of Policy at the Forum of Private Business. He says: "The panel is an excellent opportunity for business organisations to directly shape the landscape of regulation. It demonstrates that Government and regulators are listening to business concerns, and hopefully those messages are changing the way businesses are treated."
Of particular interest is our work with age restricted sales; Martin Rawlings, Director of Pubs and Leisure at the British Beer and Pub Association (BBPA), said: "BBPA are pleased to be supporting an independent retail review of controls surrounding access to age restricted products being carried out on behalf of the Local Better Regulation Office. We hope that the review's evidence based recommendations will be taken forward by LBRO to drive greater consistency in law and regulatory approach in this important area."
Our Primary Authority programme is another cornerstone of business engagement in which the needs of the business and local regulatory communities come together.
And the good news is that ministers have asked the Better Regulation Executive to work with LBRO to prepare options for extending the Primary Authority scheme.
Primary Authority is established across many business sectors, particularly retail, and we are seeing significant demand from business to extend the scope of the legislation that it covers and its role in the developed administrations.
Supermarket chain Asda signed up to primary authority with Wakefield Council in 2009, and is one of many strong supporters in big business. Their Trading Law Manager, Stuart Wiggins, says: "Primary Authority delivers the consistency of advice from regulators that businesses need to operate efficiently."
One area for extension that will be considered is the capacity for strengthened inspection plans to support risk-based regulation and make the system more efficient
Business wants to see effective local regulation that supports growth; consumers want better protection and local authorities need to use diminishing resources as efficiently as possible. Working together, we believe we can help achieve these goals.
19/05/10 Challenge and change
There's no doubt that local regulators face considerable pressures in the coming years, not least the uncertainty of change: expectations are rising and there will be immense pressure on public finances.
However, the foundations have been laid to meet these challenges and I know there are plenty of examples of forward-thinking officers and local authorities embracing change and actively finding solutions.
In LBRO's work with the nine new unitary authorities, we have seen the benefits of joining up regulatory services, offering the benefit of delivering consistency and better outcomes across their geographical areas, and increased efficiency.
The partners in the Association of Greater Manchester Authorities have been developing joint working across the range of regulatory areas, and in Worcestershire the county and district councils have looked at regulatory services as part of their work with Total Place, to achieve better outcomes and more effective use of resources.
There are plenty of great examples to point to, and LBRO is working to help local authorities as they meet the challenges they face, with our 10 for '10 Toolbox, including Impacts and Outcomes, Primary Authority and Trading Places.
The evidence is that local regulators are ready to change and adapt - our report on the Retail Enforcement Pilot (REP) shows them working collaboratively to identify and test new ways of working.
REP covered a wide range of partnerships, from the discrete single authority operating across trading standards and environmental health, to those operating across local authority boundaries on a regional level.
And the study clearly showed how officers have worked with colleagues across professional disciplines to overcome barriers and find outcomes that meet the needs of consumers and business alike.
Change is in the air: that means challenge but it means opportunity too, and we are committed to helping local regulators to deliver.
31/03/10 Lessons learned
Experience is a valuable thing, and the latest report on the Retail Enforcement Pilot - REP: Lessons learned - has provided plenty of insight about the challenges in making the regulatory system work better for business, and for local authorities.
For those of you who weren't around in 2005, the Retail Enforcement Pilot was one of the key early programmes to realise the aspirations of the Hampton Review, and was established in parallel specifically to encourage new risk-based approaches to local regulation.
Its focus was on encouraging local regulators to work together to identify new ways of working to meet the needs of business. The pilot brought together businesses, central government policy owners and local authority officers.
It found that businesses respond in different ways to regulatory requirements - many value visits from regulators for the guidance and advice professional officers can give, and appreciate validation of their efforts in compliance.
However, dealing with inspection costs a time and effort, and inspections that are inconsistent and intrusive are a real cost burden: businesses need precision, objectivity and consistency.
Lessons Learned draws together the experiences of those who have explored the proposition of delivering a single business inspection covering multiple regulatory functions.
Since 2005, thirty local authorities, organised into geographic clusters, have been testing risk-based, collaborative approaches to inspections of businesses. It highlights their challenges and successes, and shows they had a common commitment to making the approach work, and we should thank them for the foresight and the energy they have put into this.
We have worked closely with each cluster to compile the lessons learned, with the assistance of the Centre for Decision Analysis and Risk Management at Middlesex University.
And what were the main lessons? Well, to deliver on the aspirations of the pilot, strong partnerships are necessary; supported by robust mechanisms to share information through effective IT. Perhaps most significantly, the new approach requires a change in culture among local and national regulators.
The Excellence Framework - our work with local authorities to support sector-led improvement - will be our chief way of addressing the recommendations relating to partnerships and culture.
Broader regulatory issues such as risk assessment, officer competency and new ways of working are already key strands of the work of the World Class coalition.
Follow the link to see the report http://www.lbro.org.uk/cms/publications-home.html
03/03/10 Structures or solutions?
I have been fortunate to be to be able to spend some time with local authority regulators in Wales in the last week or so, listening to their views on the General Election and the economy, and I've had much food for thought regarding our approaches to better local regulation.
From what I hear, there are three main pressures bearing down on local authorities. The first of these is uncertainty around the General Election, and direction of policy on regulation in the next Government.
Secondly, anticipation of budget reductions that look inevitable throughout the public sector can be as demotivating as the cuts themselves - the temptation is to wait and see before trying to make any change.
And the third factor is the expectation of better services from consumers and business - they too are being squeezed hard, and will expect more for their money.
The question is; how to respond to these issues?
I'm not a crystal ball gazer, and I have no idea who will win the next General Election or how big their majority, if any, will be. What I can say is that regardless of the result, consumers will still need protection; business will still need efficient regulation; and the public will increasingly demand value for money.
Our response to uncertainty should be to choose our own path rather than to let our steps be guided purely by events. We know that local regulators will be judged by results, so our focus should be on delivering outcomes rather than activities; and to look for solutions, rather than maintaining structures.
22/02/10 Excellent!
It's a first; it's a milestone: we now know what excellence looks like for local authority regulators - and it's been agreed by all the key players.
Getting everyone to sign up to the same definition of ‘excellence' seemed like a huge undertaking. Our success has demonstrated how much those involved - ourselves (LBRO), local authorities, LACoRS, national regulators, central government and professional bodies - wanted it to happen.
Agreement between such a large and diverse group of organisations, while something of an achievement in its own right, reflects the consensus behind the better regulation agenda. We're all committed to improving the regulatory system, and the new document, the Excellence Framework, will play a huge part delivering outcomes through the local authority regulatory system. There are many different performance schemes in place and we recognise the need to change regulatory culture across the system to deliver outcomes rather than outputs.
The framework is based on research into recognised standards. It is a thorough document which covers service delivery in its entirety; and practical, reflecting the views and experiences of practitioners. And the latter point is vital because it is local regulators who will take ownership for identifying areas for improvement and taking the appropriate action, in line with the approaches encouraged by the Improvement and Development Agency for Local Government.
Local authority regulatory services exist to serve their local communities while responding to national threats, and balancing the expectations and statutory duties of central government and national regulators - and our defi