Use tech but use it well: tech pushers and bright shiny toys – the drugs do work

Civil justice, relies on the application of the skill and knowledge - the capability -of its contributors. 

Having the right tools and technology, the time and space to learn to use those tools well and encouraging the behaviours and actions which underpin their effective use is fundamental but doesn’t happen often enough.

Let’s be clear what we need to use, provide the training and time and learning resources to use it well, in order to enable the greatest support, and let’s iron out the things that don’t work rather than putting up with inadequacies.

The right tool for the right need at the right time. The Knowledge, skills and confidence and application of the learning. A bit like being a good legal advisor.

Not innovation for innovations sake or bright shiny toys from tech pushers . The proper application of what works in a particular environment and the conscious effort to make it work and resolve problems when it doesn’t.

A chef with a blunt knife is dangerous and ineffective. Don’t blunt your value. Sharpen your axe. And use it wisely.

Learn. Be aware. Then decide what are you going to Stop. To Keep. To Start.

Sometimes that needs support and that’s ok. Reach out, don’t struggle through with your blunt axe.

Mushroom picking and the need for monitoring and evaluation (a guest post by Nigel Scott)

How and what we monitor and evaluate at work is important.  We are often so caught up in “doing stuff” that we lose track of our focus on the bigger strategy picture.  But being able to demonstrate progress gives us a sense of achievement, helps us learn and improve, and also supports us raising funds to move forward and do more.

In this blog we reflect on where we are going and why, what the point is of tracking progress , discuss methods of monitoring and evaluating, and what this might mean for you.

Many years ago I was up in the North Western Highlands of Scotland on holiday and decided to head into the forest with a friend to collect mushrooms for supper.  We kitted up with a couple of bags, some lunch, waterproofs (of course!)  and wellies.  Not far inside the forest we found our first chanterelles.  Immediately your eye is drawn to the forest floor, you search for mushrooms, and as you pick the ones you find others appear out of the corner of your eye.  You slowly move towards each new find, moving left and right across the forest floor, pick a few and move on to the next collection.  

After a good half hour we stopped to compare our harvests.  And it was at that point we realised we had no idea where we were.  Deep in the forest it was impossible to tell where we had come from, nor could we get a fix on where North was.  We were lost.  All that time with our noses and eyes focused at ground level on the job at hand had led us astray.

Where are we actually going and why?

It was this story that came to mind recently whilst in conversation about how we get lost in day to day activities.  As organisations we tend to set our strategy, break this down into a series of actions, gather our resources and get to work on the actions.  Sounds similar to mushroom picking right?  But other than completing the action (getting a bag full of mushrooms), we tend not to:

• Reflect on the process we have been through

• Identify what worked and did not

• Acknowledge what might do it better next time and how

• Recognise the difference we have made (or not)

So you could say we don’t really know where we are (like stopping in the forest after picking mushrooms) and experience disorientation as a result.  Yes we know that we have completed a bit of the strategy (we have the mushrooms collected for supper), but we haven’t linked  the actions we have taken back to the strategy (how do we get home to cook supper), nor do we identify how what we have done has improved us as an organisation. 

At a personal level, introspection, self reflection and contemplation are all activities we tend not to give enough time for as we are busily pulled in many directions. Yet this concept of deliberately slowing down and reflecting on what has happened, how it went and what we have got from it, is not a new concept.  Some researchers make links to it as far back as the early Buddhist teachings.  More recently it has been used in university teaching (and study) for many years in the form of “reflective practice” - the ability to reflect on one's actions so as to engage in a process of continuous learning , improvement and development.  It is also found in coaching and mentoring, in the health professions and a growing number of professional bodies include reflective learning within their continuous Professional Development frameworks.

Monitoring and evaluation is, if you will, the use of reflective practices in an organisational sense and context.  And one of the reasons we tend to shy away from it is that it can be made overly complex.  Wikipedia’s definition is certainly enough to put most people off!  But, recognising that our imperfect world of management and business strategy is as much subjective as it is objective, art as much as science, it is possible to set suitable criteria to assist in evaluating projects, tasks, training, strategic plans and so on. 

Why track progress in the first place?

There are a number of reasons for us to monitor and evaluate, including:

• Checking money has been spent wisely - both effectively and sustainably

• Providing proof of achievement (and highlighting success) to the board and funders

• Clarifying changes expected as a result of a project 

• Confirming readiness to move to a next stage

• Identifying learnings for general sharing

• Exposing issues affecting organisation success

• Directing specific organisation focus and effort

Monitoring and evaluation is also an implicit part of becoming a “Learning Organisation” .  However, it is worth noting that there is no value in simply collecting data for the sake of it.  Be clear why you are tracking what you are tracking and establish the purpose and benefit for using the information gained.  Know at the outset how (and why) the evaluation data will be used by the organisation.

Methods of evaluation

The methods you use to evaluate are highly dependent on what you want to evaluate and to what purpose.  Any method that gives you the information you are looking for is suitable.  These may include:

• Financial measurements

• Measurements against objectives set at the outset

• Other measurements, ratios, statistics

• Interviews with staff, clients, suppliers

• Questionnaires

• Observations

• Action plans

Some organisations use a balanced scorecard approach to capture information which evaluates the overall performance of the organisation on a monthly basis, this brings together the key measures as determined by the organisation in four perspectives:

              Financial – Customer - Internal Processes -  Innovation and learning

But there are shortcoming to this approach as it tends to rely on statistics, removing the human input from staff, customers and suppliers.  This eliminates observation, subjective comment and views – all of which can provide much needed feedback to confirm effectiveness or otherwise. 

Choice of data 

If you choose to rely on statistics alone then the choice of which statistics and how they are collated can have a fundamental effect (bias) on the accuracy of your data.  For all of the data you choose consider ease of access, relevance, how the data is collected, who is collecting it, what questions are being asked, validity, what is best collected quantitatively or qualitatively, how you wish it to be presented, and frequency of collection. For monitoring and evaluation to be maintained, above all else ensure that you select an approach which is simple to put into practice, easy to understanood, and able to give clear information.

What this might mean for you

It’s fun to collect mushrooms, it might not matter if you lose a few hours in the forest and you’ll probably end up with a tasty snack. But is that enough? If you have an organisational strategy, don’t you want to know how well you’re achieving it (and possibly your funders too). Do you want to know what it is you do that makes the biggest, most effective, most value for money (not just cheapest) difference? Don’t you want to be able to say how great your work is, what it costs and why someone should support/fund it? 

If you do, and you’re feeling a little lost despite your appealing bag of mushrooms, then fear not, we can probably help. Reach out and see if we can help you Build Back Better (and avoid the Deadly Nightshade on the way).

More and better access to justice – a few thoughts (Summer 2020)

It’s that time of year again when I’ve had time and headspace to reflect on big challenges.

I’m passionate about access to justice and for me that means “helping more people get better outcomes which meet their needs” when they have problems which need advice (legal or otherwise).

So I got to thinking about challenges, needs and potential solutions as the waves hit the stones on the beach. It felt like we had systemic challenges not just tactical ones, and definitely not just ones which can be solved by technology (that’s simply one tool in the toolbox)

The key needs for me are:

• Design so we’re clear what we need to do
• Data to ensure we’re addressing the right needs and doing the right thing
• Tools to enable the action
• Change to drive, deliver the outcome and follow through
• Leadership to ensure coordination and sustainability of the results and ensure collectively we do the right things  

Relatively easy to say, a bit more challenging to put together. We need them because:

• We don’t really know what we need
• We’re not clear what works better
• Lack of headspace
• Rushed or non existent design
• Incoherent strategies
• Lack of domain experience and expertise 
• Gaps in coordination with lack of strategic thrust, resource, programme/portfolio management (the difference between doing things right and doing the right things)
• Under investment and funding gaps – too much gets started but delivering not well enough without sufficient punch and impact (capacity and capability)

So we might:

• Start small, bring organisations and initiatives together on defined outputs solving specific problems
• Develop and get behind cohesive activity and strategy
• Provide effective system leadership with real focus, clarity, transparency and outcomes led
• Provide financial resource to do this properly (not half heartedly)

In conclusion, we need (i) coordination, (ii) evaluation, (iii) learning and sharing what works and what doesn’t (honestly, promptly and openly), (iv) action and (v) leadership - the system leadership of doing things better and doing better things to a design which delivers an agreed outcome.

That feels like it will deliver a step change in access to justice. Who's on board?

What do innovation and change consultants read on holiday (and why)?

I made it, dear reader! A nine day sojourn to the South of France and back with eleven hours to spare before quarantine kicked in. But it wasn’t all sun, sand, art, wine and ice cream. For me, holidays are a time to reflect and think, so here is my reading list for Summer 2020.

1. The Parade by Dave Eggers. Humorous, clever writing, strong narrative but boy does it pack a punch at the end.
2. About Looking by John Berger. Thought provoking collection of essays which have stood the test of time. Always insightful and plenty to reflect on.
3. Strategic Acceleration by Tony Jeary. A methodology which does what it says on the tin with useful exercises. Has kickstarted one project already and accelerated a second.
4. The Plague by Albert Camus. It wouldn’t be France for me without at least one Camus. Timely reminder of what happens in pandemics told in the way only Albert can.
5. Transitions by William Bridges. Highlighted to be as a change management book and draws a clear distinction between change and transitions. Moving, thoughtful, emotional and tested me. One key takeaway is that without making time to navigate ourselves through transitions, all change is just ‘rearranging the furniture’. Read it – but be advised it might affect you.
6. It’s Not About You by Tom Rath. Short, punchy and a good reminder we’re here to do more than fulfil our own needs.
7. Man Alone With Himself by Friedrich Nietzche. I do like my philosophy on holiday. Somewhat of a rant in places but suitably thought provoking and inspired some meaningful thinking.
8. Mindful Listening (HBR Emotional Intelligence series). Short, pithy collection of articles on the why and how of effective (active) listening, what it does for relationships and outcomes and why the investment is worth it. Not always new but an important reminder.
9. Tiny Habits by BJ Fogg. Game changer. I love psychology and am a real fan of the value of habits but this was excellent and has caused me to rethink my business model provision. It’s all about the behaviours and they start small, easy and celebratory.
10. Vintage 1954 by Antoine Laurain. My fourth favourite French author (Camus is number one). A delightful read, laugh out loud funny in places and beautifully told. Highly recommended.

So there we go. A mix of style, content and subject but fulfilled many happy hours on the beach, in cafes and apres dinner. Pick one or two and dive in. I promise you won’t regret it.

Bouncing back to sustainability and viability

Sustainability – “the ability to be maintained at a certain rate or level” or “avoidance of the depletion of natural resources in order to maintain an ecological balance.” Both definitions can apply to the legal and advice sector and its constituent organisations right now.

There is no doubt the emergency financial injections (and flexibility) by foundations and collaborations such as the Community Justice Fund have made a critical difference and kept organisations alive, people in jobs, services running and individuals in legal need supported.

More concerning is the continuing lack of viability of the legal aid model and grant funders who do not support full cost recovery (so organisations run projects and services at a loss). The lack of revenue from certain case types (and absence of work for practitioners like solicitors and barristers) has further longer term consequences. Building sustainability requires a coherent strategy, with key planks of that strategy shared or at least understood across the sector.

But what are we actually sustaining? And do we need to ‘build back better’ rather than patch a broken model?

“Resilience is about having the right foundational principles, having the right people, and making the best decisions you have with the information you have, and learning from every single thing good and especially bad.” @Tom_c_watson (Twitter)

Sustainable Funding – necessary but not sufficient?

NCVO’s Sustainable Funding Project developed the Sun tool to address financial sustainability. NCVO define “A financially sustainable organisation, small or big, is an organisation that can consistently support and deliver its mission, making the most of changing markets and funding environments.”

The tool also talks about moving through awareness, to making changes, to delivering and finally to excellence. In the following section we’ll adopt a slightly broader framework but use these themes. One point to bear in mind is that charities with a higher dependence on public and earned income (rather than just trusts and foundations) appear to have struggled more during Covid-19 than those relying on foundation support.

What are our challenges

The sustainability sub-group of the Legal and Advice Sector Roundtable identified four key challenges:

• the lack of secure long-term core funding (a welcome initiative from funders post lockdown was the pulling together of funding opportunities which makes it easier for organisations to apply and gives funders more visibility over the needs of the sector. However, funding remains predominantly short term and year on year.)
• the difficulty of recruiting and retaining staff. 
• making better use of technology – which has started to happen and is going to have to continue apace given the Covid-19 scenario
• morale in much of the sector is low. Many caseworkers want to deliver a great service to the clients but it is very stressful

These challenges map quite well across four key considerations for leaders and trustees to consider:

• Financial viability – can we appropriately and adequately fund what we’ve chosen to do and sustain this for the future?
• Doability – are we able to do the right things at the right time in line with our mission and strategic objectives?
• Clarity of Communication – what are our core key messages and who do we need to articulate them to and for what purpose?
• Usability – how do we deliver, and measure, value and outcomes in the interests of stakeholders and beneficiaries?

But as ever, we need to start with where we are and to know why we are there.

ARTICULATING THE CHALLENGES

Awareness, strategy and thinking ahead– where are we and why?

The current consequences and impact of the pandemic were not easy to foresee and the future consequences are even less predictable but now is the time to:

• clarify and confirm our vision/mission - what are we here for,
• dust down our SWOT (or as Juliet Corbett puts it, identify our accelerators (internal strengths and external opportunities) and sticking points (our internal weaknesses and external threats)),
• think about who will be affected (the stakeholders),
• identify a general approach,
• scan for consequences and risk assess and
• get on with it

Income - viability versus investment

Some organisations may just not be economically sustainable and we must recognise that. Some need targeted injections of cash to support the improvement which could make them sustainable despite running perpetually on the edge of survival, living month to month. Others might only need to refocus and reprioritise a few activities whilst some just need to keep building on their successes. Income diversity ensures that some funding streams might compensate for less effective streams but aiming for as close to full cost recovery as possible is key. It’s important to know which camp of organisation you fall into and remember that without money, wages don’t get paid and pretty soon you don’t have a service or an organisation. Stop doing so many projects or cases at a loss. The odd one is forgivable, making it a habit isn’t.

Leadership - Headspace, bandwidth and prioritisation

Are you running your organisation or is it running you? The former Cass Business School’s work on leadership development in the advice sector was loud and clear – leaders need to focus their time on planning and leading, doing what only leaders can do, not getting their hands quite so dirty on active operations. Boards which have invested in leadership capacity, leadership excellence (knowing the right thing to do and doing it right) and ensuring good use of leadership time have ended up being the organisations which have coped best with the pandemic.

Staffing, recruitment and retention - Who wants to work here?

With few exceptions, the legal and advice sector won’t make you rich but if you can pay your bills it can be tremendously rewarding. It does have a recruitment and retention issue but routes into the sector including Justice First Fellowships and University House’s work providing experience for trainee solicitors, and support mechanisms such as Young Legal Aid Lawyers are addressing some of the brain drain. Communities of practice and support are forming (sometimes sparked by social media) and membership organisations play a vital role. More effective sustainable organisations will also reduce pressure on individuals and reduce the exit from the profession.

Communication – why you matter and why it should be paid for

Whether you’re an advice agency, a lawyer or consultant, there will never be a shortage of people wanting things for free and offering free advice is important. But let’s be clear about the value of what we do (tangible and intangible), be clear in our messaging (this makes grant applications so much easier and successful, when we can articulate it clearly) and understand what value we add as part of the overall system. It’s not enough to ‘do good’ anymore. We need to be clear what that difference that good makes, where it complements other good work and that takes data and evidence.

Effectiveness – doing things better and doing better things

We’ve all embraced technology and digital change since lockdown and those who had invested in ‘modern’ systems and flexible cultures ahead of time managed more easily. Change is hard and effective change (and the better use of technology, tools, data and ways of working) takes time and money. You need clarity on what’s important and you need to implement/execute well. Dumping your server contents into Office 365 without planning or buying a cheap laptop isn’t the answer. You need to draw a thread through vision, scope of what you need and delivering it as well as possible and for that you need to know what tools and processes work and why.

Learning and data

We need to gather meaningful data and learning, not for its own sake, but so we know what works well (successes to build on) and what we need to improve (gaps, weaknesses and inefficiencies to deal with). If we can’t evidence the difference we make then how do we know how well we’re doing? If you reform based simply on intuition how well will it work out? Do we know what difference we make and how we can improve or are we stuck in a failing cycle and blindsided? This isn’t always easy but it is critically important and we need to start somewhere, baby steps if necessary and get help if we can’t do it alone.

EIGHT ACTION POINTS TO TAKE FORWARD

So what do we need to do differently to lead our organisations and sector on a path to sustainability?

a)    We need to focus on income positive activity – that means we generate more income for what we do than we spend on doing it (remember not for profit does not mean no surplus). We need to challenge funders, contract providers and the LAA to ensure that it is financially viable to deliver the service we deliver.

b)    We need to manage our cashflow and control costs carefully – lots of organisations appear viable but may have almost nothing in the bank. If you can’t pay your bills (or wages) you’re not going to carry on for long. Good financial management (and understanding the difference between ‘cash in bank’ and management accounts or balance sheets) is key. If we have very low unrestricted reserves - if we’re always struggling to pay the wages at the end of the month or make a positive balance at end of financial year then what do we need to do differently?

c)     We need to invest in improving our effectiveness - if it costs you £25 to deliver a basic service and it costs another organisation only £18, you need to ask why (your funders and clients will). At what point is it necessary or better to invest to improve effectiveness (or do something differently) rather than keep, literally, paying the higher price. Sometimes you’ll need a grant (and your time) to improve the cost and value of a service.

d)    We need to take a breath and look after our well-being so we can make the most of our ability - if it’s always impossibly stressful, what’s causing the stress? You can’t be effective running on empty with poor sleep. Take a break (however impossible it seems), take a day off (and evenings off). It’s not about how long you work, it’s about the difference you make in that time.

e)    We need to gather meaningful data and learning. What difference do we make? What are we basing our decisions on? What can we do to streamline the service and process for users (and staff)? We need simple dashboards of data so that we can see progress.

f)      Recording our dues - are we getting paid for everything we can possibly claim for or are we literally missing a trick? Were we clear how much work was involved when we signed the contract or asked for the grant? Do we know what’s billable or are we just lost in the actual work?   

g)    Making headspace and being disciplined - do we know what we need to do or are we just doing what we’ve always done? Making time for what’s important is a discipline. Failing to prepare is simply preparing to fail. Leaders need leadership time to do what’s right and what’s important in their role. Not taking the time is a bit like having an ongoing pain, avoiding the doctor and hoping it all goes away.

h)    Being clear about the outcomes - are we resolving people’s problems and needs or just patching up for someone else to deal with elsewhere? Where does our input and service dovetail with others in meeting the overall needs and what should be concentrate our focus on? Can we be more effective working together?

An overall proposition for each and every organisation

What if we applied six areas of focus to how we lead and manage our organisations:

• Mindset – what does sustainability look like for us and are we committing to it?
• Design – what do we want this to look like for the people we support (and us)?
• Investment – what different use of time and money will make us better and more effective in the short, medium and longer term?
• Learning – being clear what we need to learn, how we can gather data to inform us and to make use of it in our decisions
• Habits – being clear about boundaries and behaviours, disciplines and principles. Lead don’t just do.
• Using tools well – choosing the right tools and learning to use them well to improve effectiveness 

 Might this eventually lead us to:

• A system that rewards important and valuable work - for everyone
• Tools (and skills) to do the job as effectively and efficiently as possible
• Leadership to prepare for and manage the implications of change (sector and organisation)
• Focus on the bottom line financials, the user outcomes and the key detail of the job - you need all three
• Collaboration on learning and sharing – we don’t all need to do everything but we do need something to coordinate us together
• Effective campaigning and protest against inequities in the system so we can change what needs to change
• Sufficient finance to do this (because you can’t do it all without money)
• A coherent strategy for the provision of legal information, advice and support which recognises the value that different organisations in the sector bring and that the whole is greater than the sum of its parts. Funders, especially Government, need to buy into a shared vision and strategy that is sector led. 

It may or may not work but something clearly has to change. We can’t keep on keeping on. Above all, let’s stop doing unaffordable work and ensure leadership and management is in the hands of those with the skills and will to do what’s needed and that we prioritise what’s most important. If we’re encouraging those in legal need to seek expert advice early, shouldn’t we be doing the same ourselves?

Sustainability is possible. But it’s going to take work and effort - for individuals, within organisations and across systems and sectors.

Read the Sustainability sub-group's detailed paper here