A foundational issue to all of the areas in the SDG review for local government is the concentration in markets of many of the systems that underpin the delivery of vital services, such as adult and children's social care case management systems, electoral software, revenues and benefits systems, and planning back-office systems. Although each of the 317 councils in England operates independently. The fragmented nature of local government technology purchasing makes it difficult for councils to collectively bargain for better prices, value, or more innovative solutions. This is why it is vital that a Local Government Centre for Digital Technology is established to support collective purchasing and innovation.
Central/coordinated negotiation: While the LGA has made efforts to represent councils' needs in national negotiations with major suppliers like Microsoft and VMware, a national approach is rarely taken with ‘legacy suppliers’, solely serving local government. Some government departments, such as the Department for Education and the Department for Health and Social Services, have taken steps to address market dominance challenges in specific areas like social care systems. However, these efforts remain ad hoc and limited in scope. Local Government specific suppliers are often omitted from central government’s strategic supplier relationship management, such as the Central Digital and Data Office’s strategic supplier relationship management programme, and the Cabinet Office’s Crown Reps. This is arguably due to the supplier not meeting the cost threshold defined by central government. A broader definition of ‘strategic’ is required to include data risk, number of customers, and/or challenging negotiations.
Capacity and capabilities asymmetries: These challenges are exacerbated by varying levels of capacity and expertise in council procurement, legal and IT teams. Some councils have dedicated IT procurement specialists who can negotiate effectively, while others have small procurement and IT teams who may lack the capacity and capabilities to negotiate with global companies, resulting in a significant power imbalance and less buying power. Council legal teams may also be overstretched, and councils choose to purchase through frameworks such as Gcloud as the contract work is already done. However, the terms and conditions are not always aligned with a council’s requirements and security requirements are minimal. It is also worth noting that information asymmetries often exist between global suppliers and the whole public sector which can impact negotiations due to the lack of data regularly collected on contract timeframes and supplier contractual relationships across local government.
Inconsistent pricing: Market dominance has led to instances of price variances and anecdotal reports of price gouging. When software updates are required to meet policy changes or security standards often at short notice, the costs can often be passed directly to individual councils, resulting in a higher overall cost to the public purse.
Data interoperability: Given the breadth of services that councils provide to every citizen in the UK, councils hold a wealth of data on each resident. However, it is challenging for councils to ensure that systems and data are interoperable due to barriers by legacy suppliers4 and/or the high costs of APIs which significantly hinder digital transformation.
Vendor lock-in: Long-term contracts, high exiting costs and a lack of suitable alternatives can create vendor lock-in, making it difficult and expensive for councils to switch suppliers even if they are dissatisfied with the service or offerings. For example, in the revenues and benefits market, a local government led market disruption system has been piloted and is currently under Beta development. Despite the challenges faced with the revenues and benefits suppliers, the cost of exiting could be up to £300,000 per council.5
Compliance with statutory duties and adherence to a council’s security controls: Due to power imbalances that often exist between councils and major suppliers, it can be challenging for councils to drive compliance assurance with data protection laws, the public sector equality duty and a council’s preferred security controls. No single software security standard exists across the public sector, and councils create their own security assurance questionnaires. These must be completed individually by suppliers, creating barriers to entry for SMEs, and processed and analysed by individual councils. These assurance questionnaires rely solely on self-assessment by the supplier which can be challenging to verify and relies on trust with some of the most vulnerable people’s data in the UK. There are also challenges faced in driving compliance from suppliers with accessibility legislation. Often suppliers will ‘tick the box’ but not undertake the subsequent changes to the system required leaving a council accountable for their non-compliance, and perpetuating exclusion of vulnerable residents.6
Cyber incident cooperation: In the LGA’s support to councils experiencing a supplier cyber incident/data breach last year, a common lesson identified was that councils lacked the necessary leverage to compel the supplier to continue to cooperate with the council throughout its forensic investigation. This often involved highly sensitive data of vulnerable residents, and the lack of cooperation prevented the council from carrying out its statutory duties to care for residents involved. Due to a lack of suitable other options, and high exiting costs, the council often had no choice but to remain with the supplier despite concerns.6
LGCDT intelligent procurement: The LGCDT as envisaged has an intelligent procurement operational function, which would analyse technology markets, facilitate collective bargaining, and collectively procure products and services for individual councils to use. This would address market failures, improve value for money, and enable innovative procurement practices that promote localised economic growth and productivity.