Accountability of public services in Scotland: baseline evidence review and analysis

2. Introduction and Context

This report presents the findings of a research study to provide a Baseline Evidence Review and Analysis of the Current Landscape of the Accountability of Public Services in Scotland. The research was commissioned by the Scottish Government’s Consumer and Competition Policy Unit, on behalf of Scottish Ministers.

2.1 Open Government Partnership

Open Government Partnership (OGP)^[1] is an initiative that involves governments who aspire to make their government more effective and responsive to people who live in their country. Since starting in 2011, OGP has grown to include 90+ member countries and many civic society organisations.

Each OGP government seeks to partner with civic society to improve governance. Among other things, this includes promoting transparency and empowering people. When governments join the OGP they must endorse the Open Government Declaration and commit to the following principles, to:

• increase the availability of information about governmental activities;
• support civic participation;
• implement the highest standards of professional integrity through administrations; and
• increase access to new technologies for openness and accountability.

Scotland joined OGP in 2016, and the Scottish Government and the Scottish Civil Society Network jointly developed the nation’s first Action Plan (2017/18)^[2]. The Action Plan identified five commitments to help people living in Scotland better understand how government works so that they can have real influence and more effectively hold government to account. The five commitments were Financial Transparency, Measure Scotland's Progress, Deliver a Fairer Scotland, Participatory Budgeting, and Increasing Participation.

The Independent Reporting Mechanism (IRM) Scotland Final Report 2017 summarises the results of the implementation of Scotland’s National Action Plan which covered the period from 1^st January 2017 to 31 December 2017^[3][4]. The Scottish Government responded to this feedback to inform its second National Action Plan.

Scotland’s current National Action Plan 2018/2020^[5][6] reaffirms the Scottish Government and Scottish Civil Society Network commitment to valuing openness, accountability, transparency and public participation.

“An Open Government is one which provides information to people about the decisions it makes, supports people to understand and influence those decisions, and values and encourages accountability”.

“The Scottish Government recognises that it is important for people to get the information they need in order to understand how Government works and that people in Scotland have a lot of experience and knowledge that can help government to work better. By working together, we make better decisions and people are able to trust the process and the decisions government makes”.

Open Government Partnership Scottish National Action Plan 2018-2020

“Open government” is the main theme for the Action Plan, and ambitious commitments have been made to improve openness, transparency, involve people, and the accountability of public services. This includes a focus on financial transparency and improving the way people can understand, participate in and influence the government’s work.

The five commitments for 2018-2020 are: (1) Providing financial and performance transparency, (2) Providing a framework to support overall change in Scottish Government to improve the way people take part in open policy-making and delivering services, (3) Improving how we share information, (4) Improving the accountability of public services - a citizen's journey (see Table 1.1), and (5) Transparency and involvement as the UK leaves the European Union.

Through its OGP Action Plan the Scottish Government, in partnership with civic society and others, seeks to reduce the complexity of how public services are held to account, increase people’s awareness and understanding of how services are held to account, and simplify the landscape for people to navigate. It is anticipated that the commitments made will lead to change and improve people’s lives, with openness and transparency aligning strongly with the National Performance Framework, Programme for Government, and Scotland’s Economic Strategy.

Table 1.1: Commitment 4 – Improving the Accountability of Public Services - a Citizen's Journey

Question	Response
What problem are you trying to solve?	People reported that they want to know more about: How to make their voice heard How to have a say in, and contribute to, public-sector improvement and accountability Who makes decisions about how public services are designed and delivered, and how they make those decisions An identified need to help make sense of the accountability process and to increase understanding and certainty of how governments and public services are held to account for their decisions, spending, and actions
What are you going to do?	Scrutiny bodies and regulators will work together to improve the public’s understanding of, and access to, accountability processes: understanding current public service scrutiny and regulatory bodies (their decisions and the public’s access to them) working with a wide range of people and partners to see how people would like to use their rights to complain, appeal or assess how public bodies perform, and what the barriers are to this finding ways to improve access to information on who is responsible and strengthen people’s ability to hold public services to account A people-focused approach to public services: develop ways of considering the effect of public policy and decision-making on people use the principles of open government in advice services and a new consumer-protection body
How will that solve the problem?	The actions will aim to help people understand how they can make public services more accountable. It will also improve their ability to influence issues and hold public services to account. In doing so, it is anticipated that this will: improve the quality of information on public-service accountability and make it easier to access and use make it easier to use public services and find support to sort out issues

Source: Open Government Partnership Scottish National Action Plan 2018-2020, January 2019.

2.2 Research Aim and Objective

The main aim of the study was to undertake research into the scrutiny bodies and regulators perspective: a review of the public service accountability landscape . The objective was to assess the current landscape of scrutiny bodies and regulators operating in, or accessible to, people in Scotland, highlighting any current challenges, barriers or gaps in the accountability framework for public services in Scotland.

A new Collaborative Working Group has been established, comprising a range of State and civic society partners who will support delivery against Commitment 4 over the next two years. The Group’s current membership is outlined in Table 1.2.

Table 1.2: OGP Commitment 4 Collaborative Working Group Partners

State Actors	Civic Society Organisations, Business, Multilaterals, Working Groups
Audit Scotland (signatory)	Association for Public Service Excellence
Care Inspectorate (signatory)	CEMVO Scotland
COSLA	Citizens Advice Scotland (signatory)
Scottish Government Consumer Policy (Government Commitment Lead)	Govan Community Project
Scottish Government Digital, Content Design & Strategy	Inclusion Scotland
Scottish Government Public Service Reform & Public Bodies	Individual Service Users (x2)
Scottish Information Commissioner (signatory)	Mydex CIC (Scotland OGP Steering Group Commitment Lead)
Scottish Public Services Ombudsman (signatory)	Scottish Independent Advocacy Alliance (Scotland OGP Steering Group Commitment Lead)
	Scottish Older People’s Assembly
	Scottish Open Government Partnership Network
	Scottish Rural Action
	Scottish Youth Parliament
	Skye, Lochalsh & West Ross CPP
	See Me
	What Works Scotland

2.3 Study Method

Figure 1.1 set out details of the study method undertaken, with the research primarily desk-based (e.g. web searches, document search and review). The outputs from the desk research were discussed with members of the Collaborative Working Group (i.e. the original signatories) at a workshop on the 2^nd April 2019, and feedback has been incorporated into relevant sections of the report. The research has also been informed by recent meetings undertaken by the Scottish Government with members of the Collaborative Working Group.

Figure 1.1: Study Method

2.4 Report Structure

The remainder of the report has been structured as follows:

• Section 2 sets the scene for the research, and provides an overview of what is understood by the term “public services”, and identifies the main providers of public services in Scotland. The evidence is based on secondary research and feedback from the signatories’ workshop.
• Section 3 provides a brief overview of what is understood by the term “accountability”, including within the context of public services. This has also been informed by secondary research and the signatories’ workshop.
• Section 4 provides key messages from our mapping and review of the scrutiny and regulatory body landscape in Scotland.
• Section 5 provides some examples of how regulators and scrutiny bodies in Scotland go about involving people in their approach to scrutiny and regulation.

Further detail has been provided separately (Microsoft Excel format), including the mapping exercise of the scrutiny and regulatory body landscape in Scotland.