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JUSTICE OUTSOURCING WORKING PARTY SURVEY #2 - CONTRACT OVERSIGHT, TRANSPARENCY AND ACCOUNTABILITY

JUSTICE’s Outsourcing and Administrative Justice Working Party is looking to make a series of practical, evidence-based recommendations for how outsourcing across all sectors in the United Kingdom can be done in a way that better upholds the public law principles at the heart of administrative justice and better protects individuals. More information about the Working Party can be found here: https://justice.org.uk/our-work/administrative-justice-system/outsourcing-and-administrative-justice/
If you have any questions about this survey, please contact Philip Armitage (Public and Administrative Lawyer, JUSTICE) by email - parmitage@justice.org.uk.
Please provide your response by Friday 22 December 2023.
1.Please provide your full name and occupation/ other experience relevant to this Working Party.
2.What is your experience of outsourced public service delivery in the United Kingdom?
3.At present, would you say local and national government are generally effective at overseeing outsourced public services?
4.Please give reasons for your answer and example(s) from your particular sector if possible.
5.What practical improvements could be made to how a public authority manages an outsourced contract and works with an outsourced provider? Please consider issues such as data collection, training, collaboration and how to improve proactive contract monitoring.
6.What is your experience, if any, of seeking information about outsourced contracts or services? Please give examples from your particular sector if possible.
7.Should Freedom of Information rules/ processes be changed to reflect the growing delivery of public services by outsourced providers?
8.If yes, what reforms would you like to see and why?
9.Have you had any professional or personal experience with challenges to outsourced decisions or assessments? This could either be a legal challenge or non-legal challenge (such as an official complaint).
10.If yes, please summarise your experience(s) and the impact of the involvement of outsourced providers on that challenge. Please give example(s) if possible.
11.How is the definition/ interpretation of a “public authority” in section 6(3) Human Rights Act (‘HRA’) working in the context of outsourced service delivery? Please give examples if possible.
12.Potential reforms in this area could include, but are not limited to, the following:

- Supplementary legislation to clarify the interpretation of s6(3) HRA;

- Interpretative guidance on s6(3) HRA;

-  Ensuring that future legislation makes clear that s6(3) HRA applies when outsourcing in that policy area;

- Explicit contractual terms that a private body is performing public functions under s6(3) HRA.

What reforms, if any, would you support in this area and why? Please set out any concerns you have about potential reform options.
13.Would you support any other reforms to improve the accountability and oversight of outsourced services? Please consider topics including, but not limited to, the use of technology, audits, regulation, and the role of ombudsmen.
14.Please provide any further thoughts or information relevant to contract management, transparency and/or accountability.
15.Are you happy for the information provided in this survey to be directly quoted in JUSTICE’s final written report (which will be publicised and made publicly available, including on our website)?