Compact Aware? : By Jess Crocker

Lifeline Q&A: Know your rights 'use the Compact'

1. What is the COMPACT, in a nutshell?
   
   It is an agreement between government and the voluntary and community sector which sets out the 'rules of engagement' for how they should work together for the benefit of the people they serve. It covers a range of areas including funding, consultation, independence, volunteering, black and minority ethnic groups and community groups. Your area is likely to have a local Compact which is a local interpretation of the national agreement that gives commitments from both sides. This document has usually been drafted and signed by representatives of the local voluntary sector, council and PCT.
   
   
2. The drugs field voluntary sector has developed very rapidly during the last 10 years or so, in line with the National Drugs Strategy. Much of the growth has come via Primary Care Trusts, Home Office and Local Authority routes. As a result, most drugs agencies know about governance, strategic frameworks, and targets. Why do we need more?
   
   The Compact and its five codes are the only overarching documents governing the whole relationship between public bodies and the voluntary sector. They contain many commitments that can help voluntary groups to improve their relationships with public bodies by giving them rights regarding things like application processes, payments, terminating funding and proper consultations. The Government signed up to the Compact in 1998 and all public bodies should be abiding by it but groups need to know and use the agreement in practice if they want to see the best results.
   
   
3. Contracting in the drugs sector comes with a variety of arrangements. Service Level Agreements ( SLA 's) have been very commonly used. How does the Compact relate to the SLA ?
   
   Legally, an SLA is essentially a contract with a different name so the term SLA can be problematic and should be avoided where possible. When agreeing any grant or contract with a public body, the commitments in the Compact should help guide the application process and negotiation of some of the conditions of the agreement including payment, monitoring and terms of delivery. Regardless of the terms of a contract, however, we would still hope to see public bodies abiding by the Compact in any relationship with a voluntary organisation .
   
   
4. Does it matter how integrated drugs services are with the local voluntary sector agencies that are not familiar with formal contracting?
   
   They key issue here is probably whether more integrated services would provide better outcomes for service users and if so then public bodies should be taking this into account. A Compact-compliant process for designing services would consult and involve all voluntary organisations with relevant expertise. This might include input from smaller or less experienced organisations in the field and helps commissioners make the right choices on issues such as the optimum size of grants or contracts.
   
   
5. What kinds of problems and opportunities, i.e. those of relevance to local managers, does the COMPACT hope to address?
   
   The Compact is useful for setting the parameters and expectations of working relationships, especially in areas like funding and consultation. It can also be really helpful to have a framework to refer to when problems and disagreements arise. We find that people often feel more able to raise concerns when they have the backing of the Compact commitments rather than just a feeling that something isn't quite right or fair. We often see voluntary groups using the Compact to ensure their statutory partners give three months' notice when ending funding, consult and involve the voluntary sector in designing new policies and programmes of work, and award payments for overheads as well as paying on time and in advance of expenditure.
   
   
6. Do you have any examples [or links to online examples] that will illustrate how the COMPACT can help the voluntary sector resolve matters, or better develop?
   
   For some case studies of successful Compact Advocacy cases as well as a short online guide to handling your own case, please see our website: http://www.ncvo-vol.org.uk/thecompact.asp . The other three important bodies in the Compact family are the Office of the Third Sector which supports Compact implementation in government; Compact Voice which represents the voluntary sector on Compact issues and runs local and national support networks; and the Compact Commission which is an independent body that aims to oversee and promote the Compact. The website www.thecompact.org.uk has other resources and information related to the Compact.
   
   
7. What do you do if your local area does not have an established COMPACT group or does not have a strong voluntary sector, and you run into problems related to your voluntary status?
   
   The Compact is only strong where people use it, so if your area is weak you should put pressure on your local CVS, voluntary sector and public bodies to get engaged. It is also important to note that the Compact should be mutually beneficial and help everyone to do their work better so this should be emphasised when making the case. That said, if a public body were to be unwilling to change a particularly unfair or biased decision, then it might be possible to challenge it through public law and judicial review with free support from The Public Law Project. Public law principles often overlap with Compact breaches and can include duties to consult, act in a fair manner and to take decisions based on all appropriate information. The Public Law Project and NAVCA also provide useful training for organisations that want to increase their knowledge of public law principles and improve their negotiations with public bodies.
   
   
8. If your local area delivers short term or insecure contracts, is there a body with whom this can be challenged? 
   
   Many groups encounter poor practice from public bodies in areas such as funding and consultation. Although some fear challenging, those that find appropriate ways to raise their concerns often benefit as a result. For example, we have seen areas where local groups have joined together to lobby for changes to the local council's standard contract to ensure it is Compact-compliant. The Compact Advocacy Programme also handles cases on behalf of voluntary and community organisations. We work with the groups involved to assess the situation and find the most effective routes of influence. This can involve anything from advice and support to writing letters or even press work but we always focus on solutions and on securing a better long-term relationship for everyone involved.

There is a real commitment to the Compact at senior levels of government but the big challenge is to get this commitment to filter down so that others realise the Compact is there to help them do their jobs better. Making this happen is not just a challenge for government the best outcomes will not materialise until both sides of the relationship use the Compact and fully understand how it benefits them and the people they serve.

Jess Crocker

Compact Advocate
NCVO's Compact Advocacy Programme
Jess.Crocker@ncvo-vol.org.uk

0207 520 2561