Policies for the ideal, reality for the rest.
Alpha Stock Images – http://alphastockimages.com/
This week saw the appointment of a new minister for suicide prevention announced on world mental health day (BBC), and an article in The Guardian observing that mental health resources are woefully underfunded.
My thoughts first turned to the fact that the appointment of a minister to address the problem was reminiscent of New Labour’s previous attempts to address issues with the appointment of various czars, none of which were very successful (BBC). Allied to the appointments were the inevitable plethora of new policies, many failing at the first hurdle. Nonetheless their longevity and to some extent durability lay in ministers’ and state agency managers’ egos, and inability to see beyond fantasy and media pleasing rhetoric. However, it would be disingenuous to fail to acknowledge that some policies and strategies are conceived and implemented with the best of intentions, both at the macro and micro.
The old saying that ‘no plan last[s] beyond the first encounter with the enemy’ (Hughes, 1993:14) probably explains why so many policies fail, not because the essence of the policy is wrong but because politicians and those in charge fail to take into account or to rationalise that at the very core of the policy intentions, lay people. People are unpredictable, people do not conform to ideals or preconceived ideas and, yet policies are formulated to address ideal situations and an ideal homogenous population. No one member of the public is the same, whether they are a victim of crime, an offender, a person in need of medical care or mental health services, a worker, a student or a user of a service. They can be one of these things or a combination of them, they are a product of so many differing socioeconomic influences that any one policy cannot ever hope to deal with the multitude of issues they bring. People are both complex and complicated. A plan or policy needs to be adapted and changed as it progresses, or it will inevitably fail.
That brings me very nicely to one of my favourite authors Michael Lipsky. Lipsky presents those working at the coal face of public services as street-level bureaucrats. Attempting to navigate policy and strategy implementation whilst dealing with predominately less than ideal clients. Lipsky observes that in doing so the street-level bureaucrats are faced with a number of different issues:
- Resources are chronically inadequate relative to the tasks workers are asked to perform.
- The demand for services tends to increase to meet the supply.
- Goal expectations for the agencies in which they work tend to be ambiguous, vague, or conflicting.
- Performance oriented goal achievement tends to be difficult if not impossible to measure.
- Clients are typically nonvoluntary; partly as a result, clients for the most part do not serve as primary bureaucratic reference groups.
(Lipsky 1983, 27:28)
Policies and strategies are difficult to implement, if they are formulated purely on ideals without ever having recourse to those, i.e. the street level bureaucrats, that are required to implement them, they will inevitably fail. If plans rarely survive the first contact, then they need to be adapted or ditched, those best placed to advise on changes are of course those at the coal face. Herein lies the rub, politicians and managers do not like to be told their policy is failing or that it will not work in the first place. They inevitably place the failure of policies, or reluctance to implement them, on those at the coal face with little or no knowledge of the issues that are encountered. The raising of such issues are simply seen as an excuse, laziness or a reluctance to change. More often than not, the opposite is true, street level bureaucrats want change, but for the better not for the sake of it or to be seen to be doing something.
It is difficult to see how the appointment of a new czar will make a difference to suicide rates without fundamental changes in the way that policies and strategies are conceived. Those thinking of writing policy whether at the macro or micro, would do well to get a hold of Lipsky’s book and to reimagine the ‘real’ world.
Lipsky, M (1983) Street-Level Bureaucracy: dilemmas of the individual in public services, New York: Russell Foundation.
Hughes, D (ed) (1993) Moltke on the Art of War: Selected Writings, Random House, (ebook)
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Congratulations, but no Celebrations
A few weeks ago, Sir Cliff Richard won his high court case against the BBC over the coverage of a police raid on his home, the raid relating to an investigation into historical sex abuse. I remember watching the coverage on the BBC and thinking at the time that somehow it wasn’t right. It wasn’t necessarily that his house had been raided that pricked my conscience but the fact that the raid was being filmed for a live audience and sensationalised as the cameras in the overhead helicopter zoomed into various rooms. A few days later in the sauna at my gym I overheard a conversation that went along the lines of ‘I’m not surprised, I always thought he was odd; paedo just like Rolf Harris’. And so, the damage is done, let’s not let the facts get in the way of a good gossip and I dare say a narrative that was repeated up and down the country. But Sir Cliff was never charged nor even arrested, he is innocent.
The case reminded me of something similar in 2003 where another celebrity Matthew Kelly was accused of child sex abuse. He was arrested but never charged, his career effectively took a nose dive and never recovered. He too is innocent and yet is listed amongst many others on a website called the Creep Sheet. The name synonymous with being guilty of something unsavoury and sinister, despite a lack of evidence. The way some of the papers reported that no charges were to be brought, suggested he had ‘got away with it’.
The BBC unsuccessfully sought leave to appeal in the case of Sir Cliff Richard and is considering whether to take the matter to the appeal court. Their concern is the freedom of the press and the rights of the public, citing public interest. Commentary regarding the case suggested that the court judgement impacted victims coming forward in historical abuse cases. Allegations therefore need to be publicised to encourage victims to come forward. This of course helps the prosecution case as evidence of similar fact can be used or in the view of some, abused (Webster R 2002). But what of the accused, are they to be thrown to the wolves?
Balancing individual freedoms and the rights of others including the press is an almost impossible task. The focus within the criminal justice system has shifted and some would say not far enough in favour of victims. What has been forgotten though, is the accused is innocent until proven guilty and despite whatever despicable crimes they are accused of, this is a maxim that criminal justice has stood by for centuries. Whilst the maxim appears to be generally true in court processes, it does not appear to be so outside of court. Instead there has been a dramatic shift from the general acceptance of the maxim ‘innocent until proven guilty’ to a dangerous precedent, which suggests through the press, ‘there’s no smoke without fire’. It is easy to make allegations, not easy to prove them and even more difficult to disprove them. And so, a new maxim, ‘guilty by accusation’. The press cannot complain about their freedoms being curtailed, when they stomp all over everyone else’s.
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It’s never too late
‘It’s not too late to save Brexit’, Boris Johnson proclaimed in his resignation speech on Wednesday 18th July 2018. But what sort of Brexit are we really talking about? Well if you are confused, join the queue. There’s hard Brexit and soft Brexit and one might suggest every type of Brexit imaginable if it scores political points. There are calls for another referendum and a referendum on the final deal and probably a referendum on a referendum. With all the furore around Brexit it’s easy to forget what it was the British people were voting for in the first place.
As I recall, and I stand to be corrected, it was control of immigration foremost, they didn’t want any of those nasty little foreigners coming in here, taking our jobs and scrounging off the state whilst abusing the NHS. Then they didn’t want to be told what to do by Brussels and they didn’t want to be paying Brussels billions that could go into the NHS. We only had to look at increased waiting times for doctors’ appointments or the fact that we couldn’t find an NHS dentist to prove beyond doubt that immigration was out of control. Scattered in amongst this was the opportunity to be great again, masters of our own destiny and to shatter the manacles that have held us back for so long.
The rhetoric smacked of xenophobia but above all else, it aligned with historical parallels where the others are to blame for the state of a nation. The instant response of people facing difficulties is to find a scapegoat. Net migration has been a political hot potato for decades, duly made so by politicians and the media. The papers report it as if every person that comes into the country is of little value and yet people fail to look around. Who’s going to pick the crop this summer, who’s going to look after old people in nursing homes, who’s going to clean the hotel room, who’s going to do your dentistry or save your life in the operating theatre? Don’t make the mistake in thinking its British people because there aren’t enough of them that are prepared to be paid peanuts for doing menial work and not enough of them highly skilled enough to enter into medical practice.
The problem is that the ideas that so many people had about Brexit have been nurtured by politicians and newspapers alike. I rarely agree with Alister Campbell, but his comment about Paul Dacre the outgoing editor of the Daily Mail as a ‘truth-twisting, hypocritical, malign force on our culture and politics’ certainly has ring of truth to it. But its not just the papers, it wasn’t that long ago that Theresa May as Home Secretary was lambasting Europe about Human Rights legislation and the fact that she couldn’t deport Abu Hamza, a hate preacher. Anyone with a bit of savvy might have worked out that you can’t pick and choose human rights according to political whim and votes. There’s a suggestion that we could have a British Bill of Rights, a bit like Human Rights but maybe with a proviso that the government and its agencies don’t have to abide by it if they don’t fancy. A bit like Pick ‘n’ Mix, only not as sweet or tasty. Theresa May as Home Secretary promised to bring immigration down but as so much of the media hastily reported, failed to do so. Then there’s that Brexit bus proclaiming we would save billions that could go back into the NHS. What a wonderful idea except that nobody mentioned there were debts to be paid first and as every good householder and economists know, the books have to be balanced. Fanciful notions filled people’s heads, Boris and Nigel Farage are very persuasive, and president Trump thinks Boris will make a good leader. A real vote of confidence. So, what we ended up with was not so much a narrative about the benefits of staying in Europe and there are many, but a narrative about how Europe was to blame for the state of the country. Government did their job well helped along by right wing lobbyists and pseudo politicians.
And I wonder, just a little bit, whether the country would have voted as it did armed with all the facts and cognisant of all the ramifications. Boris is right, its not too late, its not too late for the government to ask the nation what it really wants, its not too late to put their hands up and say we were wrong.
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Painting by numbers: The problem with HE.
Tillovision, http://www.Tillovision.com
I read a report the other week about concern over the number of 1st degrees that are being achieved within higher education in the UK (Richmond, 2018) and the fact that the volume of such achievements is devaluing university degrees. I juxtapose this with another report that states that 32% of students do not think they get value for money (Neves and Hillman, 2018) and the result is some soul searching about what it is I’m trying to achieve as a lecturer, aside from survival, and what higher education (HE) is about. A conversation with a friend who works in Information Technology muddies the water even more. He’s a high flyer, jetting backwards and forwards to the USA, solving problems, advising on, and implementing major change projects within large corporations and generally making a lot of money along the way. For him a degree is not as important as the ability to ‘think outside the box’, find solutions to problems and show leadership that enables change or fixes. If you have a degree then you ought to be able to do all these things to some extent, experience will then build on it. He lets on that his company will not touch graduates from certain universities, simply because they do not have the requisite skills or abilities, their degrees are effectively meaningless. A sad generalisation but one that is becoming increasingly prominent amongst employers. One other thing that he was quick to point out is that the ‘real world’ is highly competitive and his company are looking for the best potential.
So, what is higher education all about, higher than what? What is the benchmark and what is the end goal? I have always believed that higher education is about taking students beyond what can be read in books or can be followed in manuals. It is about enhancing the understanding of the world in which we operate, either professionally or socially and being able to redesign or reimagine that world. It is about leadership in its many guises, problem solving and the ability to use initiative and autonomy. It is about moving a student from being able to paint by numbers under supervision to a student that can paint free hand, understanding light and colours, understanding how to capture moods or how to be evocative, a student who uses materials that they want to use, and they are not frightened to do so. It stands to reason that not every student can achieve excellence. If the starting point is the ability to paint by numbers, then some will move only slightly beyond this and some will excel, but only a few will warrant a 1st degree. What is clear though is that the students really ought to be able to paint by numbers before they enter HE otherwise they will need to be taught that skill before they can move on. That then is no longer higher education but further education (FE) and more importantly, it sets students up to fail, if they are being measured against HE standards. An alternative to avoid this potential failure requires HE standards to be lowered to those of FE. In which case what is the point of HE?
So why would I be confused about HE? Well, when students are seen as cash cows, each being worth £9250 a year to an institution, being able to paint by numbers becomes a barrier to recruitment in a highly competitive market. Institutions can help students that do not have the requisite skills, but this requires either extra time before joining the HE course, this has funding implications, or a lot of extra work by the student during the HE course, and this means that students with limited academic ability struggle. A need to retain students over the three-year period of a degree, to ensure institutional financial stability or even viability, becomes problematic. Struggling students have a double whammy, they have to catch up to the starting point for each year, whilst also progressing through the year. The choices are stark for HE institutions, progress students by lowering standards or lose them.
HE institutions are measured on the number of good degrees and it makes for good advertising. There is enough literature around to suggest that such unsophisticated quantitative measures are never a good thing. The complexity of higher education, where there is a heavy reliance on students engaging in their studies (there is something to be said about reading for a degree), puts much of the achievement of grades beyond the control of lecturers or even institutions. The resultant solution appears to be the lowering of assessment standards and teaching to assessments. In effect, HE is falling in line with FE and teaching students to paint by numbers. It is easy to see why there is disquiet then about an increase in 1st degrees and more importantly, in a competitive world, why employers are becoming increasingly concerned about the value of a degree. As for value for money for students, for many, it’s a bit like being charged a fortune to race a Maserati round a track for a day but not being able to drive.
Neves, J. and Hillman, N. (2018) Student Academic Experience Survey report 2018 [online] available at https://www.heacademy.ac.uk/knowledge-hub/student-academic-experience-survey-report-2018 [accessed 20 June 2018]
Richmond, T. (2018) A degree of uncertainty: An investigation into grade inflation in universities. [online] available at, http://www.reform.uk/publication/a-degree-of-uncertainty-an-investigation-into-grade-inflation-in-universities/ [accessed 20 June 2018].
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‘Leaving that to one side’ – Managing the too difficult
I love horology, my passion is antique grandfather clocks. My pride and joy stands in the hallway of my home. Lovingly restored, it makes me smile when it strikes on the hour. Each strike reminds me of the time and effort I put into getting it to work. I’m reminded of the trials and tribulations of having to understand how it worked, what was wrong with it and how to fix it. I have become quite adept at fixing clocks, I understand them, I know them. Each part of the clock has a specific job, each part is dependent on another, each part makes it a clock that works. From the smallest cog to the largest, take any one of them away and the clock no longer functions. It is the same for all time pieces, whether they are driven by weights, springs, or battery. They all have intrinsic parts that make them function, that are inter dependent.
My clock, to anyone else, is a grand functioning timepiece. They would have little or no knowledge of the inner workings, save perhaps, they would know there were inner workings. Perhaps too complicated to understand, the workings would have no significance to them unless they owned the clock and then only if the clock didn’t function, kept stopping or perhaps was running a little slow or a little fast owing to some fault.
Compare the clock to an organisation, the workings are the departments, units or what ever you want to call them. The manager is the owner, the person that winds the clock up, occasionally ensures it is cleaned, even serviced, they make sure it works and works correctly. The manager might decide they no longer wish the clock to chime and they have that part of the mechanism removed. Perhaps they no longer want the clock to have a second hand, that too can be removed, even the minute hand. It would still be recognisable as a time piece. Organisations go through such changes all the time. Who though would the manager call on to make these alterations? Who would advise what is best? A specialist of course, someone who knows the inner workings of the clock, who understands how it works, who understands that some pieces can be removed and that others cannot. Well not if it is still to function as a time piece rather than a useless lump of furniture in the corner. Of course, if the inner workings of the clock could talk, each would be able to tell you what their function is. If you want to make alterations to the clock, you need to understand how it functions, not just that it functions.
Understanding what the right thing to do is often difficult for managers in organisations particularly when dealing with change. They pride themselves on seeing the bigger picture, sometimes they do, sometimes it’s simply a mirage. And like departments in organisations, the chime, the second hand and the minute hand, with all their associated mechanisms would argue that they are needed, that somehow the clock would fail if they were not there. The manager believes this is not the case and dismisses such protests. But such are the intricacies of the inner workings that knowing what will cause something to fail and what won’t is often difficult to discern. When an expert tells you that a cog in the timepiece is failing do you leave it to one side or address it? Do you bury your head in the sand and hope the problem will go away? A good manager listens, a good manager discerns what is important and what is not. A good manager recognises that there are times when understanding the implications of a faulty cog are more important than the grand vision (or mirage). But that means sometimes getting into the workings of the clock, being shown how it functions and understanding what the problem really is. If you want to maintain some sort of time piece, as a manager, you cannot afford to simply ‘leave things to one side’. Ignoring issues because you don’t understand them or you only see the mirage will leave you in a void where time has stopped.
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Oh, just f*** off.
A strange title to give to a blog but, one that expresses my feelings every time I turn the television and watch politicians procrastinating about a major issue. How else do I try and express my utter contempt for the leaders of this country that cause chaos and misery and yet take no responsibility for what they have done.
I watch Donald Trump on television and I’m simply given to thinking ‘You’re an idiot’, I appreciate that others may have stronger words, particularly some immigrants, legal or illegal, in the United States. I will draw parallels with his approach later, how could I not, given the Empire Windrush disgrace.
A week or so ago a significant topic on the news was the gender pay gap. The Prime Minister Theresa May was all over this one, after all it is the fault of corporations and businesses the pay gap exists. No responsibility there then but votes to be had.
Within the same news bulletin, there was an interview with a teacher who explained how teachers were regularly taking children’s clothes home to wash them as the family couldn’t afford to do so. Children were appearing at school and the only meal they might have for the day was the school meal. Now that might seem terrible in a third world country but he wasn’t talking about a third world country he was talking about England. Surprisingly, the prime minister was not all over that one, no votes to be had.
Within the same time frame there were more deaths in London due to gang crime. The Prime Minister and the Home Secretary Amber Rudd were all over that one, well of sorts, but then it is a political hot potato. The police and the community need to do more, an action plan is produced.
Then we have the Windrush debacle, tragedy and disgrace. The Home Secretary eventually said she was sorry and blamed the civil servants in the Home Office. They had become inhuman, clearly not her fault. The Prime Minister said sorry, it was under her watch at the Home Office that the first seeds of this disaster were plotted and then hatched, clearly though not her fault either. Got the right wing votes but seem to have lost a few others along the way.
What ties all of these things together; class structure, inequality and poverty and an unwillingness in government to address these, not really a vote winner. The gender pay gap is someone else’s fault and even if addressed, won’t deal with the inequalities at the bottom of the pay structure. Those women on zero hour contracts and minimum wages won’t see the benefit, only those in middle or higher ranking jobs. Votes from some but not from others, a gain rather than any loss.
The fact that children exist in such poverty in this country that teachers have to intervene and take on welfare responsibilities is conveniently ignored. As is the fact that much of the violence that plagues the inner city streets happens to occur in poor neighbourhoods where social and economic deprivation is rife. The Windrush issue is just another example of right wing rhetoric leading to right wing action that impacts most on the vulnerable.
When the gender pay gap hit the news there was a senior figure from a company that appeared in the news. He said that addressing the gender pay gap by having more women in higher positions in his company was good for the company, good for the country, and good for the economy.
Judging from the example given by the country’s senior management, I have to say I am far from convinced. And yes as far as I’m concerned, when they open their mouths and pontificate, they can just f*** off.
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Anxious about being anxious
The fact that the digital readout on my car tells me that it is a due a service and that it needs to be looked at because something is very wrong does not provide comfort, just a nagging concern that it might break down soon, but how soon? On my way to work I left a message on my wife’s mobile phone, ‘it’s only me, just calling to say on my way to work’. She didn’t answer the phone, she’s out riding the horse, has something happened? Mid conversation with a work colleague, my phone’s just pinged, I must check it, it’s only my mate asking me out for a drink… ‘Nice one, next Thursday?’… What was that you were saying Susie? It’s not that the conversation is unimportant it’s just that I might miss something important on the phone. Checking emails, that email I sent an hour ago still hasn’t been responded to… back to Susie.
An hour later… must check my emails. What’s on Facebook, another notification has come through… must respond … ‘like’, there done. Better check I haven’t missed anything. Ebay… I’m still the highest bidder… should I increase my bid… just in case, Ebay says it would be a good idea. Google the item… what’s it worth… back to Ebay… Increase bid. Must check it again soon. Text from wife, all is good. Check emails… check phone … check Ebay… Check Facebook… all quiet, are they working..? Is it a network problem? Thank goodness I haven’t got a Twitter account to worry about. Now I have to write a blog entry… what to write about, will anyone read it let alone like it? Off to my seminar, I wonder if the laptop will work, will it connect to that new screen and stay connected, last week it kept disconnecting… will the technology work… busy, worry…
Before the days of connectivity and the great digital advancement, I didn’t worry about such things. But then I wouldn’t have phoned my wife on the way to work, in fact I wouldn’t have spoken to or heard from her for the whole day until I got home. I wouldn’t be worrying about the car because it would either be working or have broken down. Any correspondence I received would be in my in tray on a desk and would be dealt with and put into an out tray, the pending tray, or the bin. The pending tray was usually just waiting for the bin. Nothing to ping and rudely distract me from my conversation with a colleague. No need to worry about whether I was the highest bidder, I would be at the auction bidding, it would be happening there and then. I wouldn’t have been connected to a world of ‘friends’ producing meaningless drivel about where they were having their cup of coffee or the fact they liked some article in a paper about mass rape or murder. As for the laptop and the screen, paper never let me down.
We live in a digital age and everything is at your fingertips and it’s available right now. But what does that do? It may give you an edge in some respects but it also makes you edgy. I look around and see and hear about so many people suffering from anxiety, old and young alike. Perhaps the cause is not technology alone but it certainly doesn’t help. Maybe I worry too much, maybe I’m just becoming anxious about being anxious.
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A Bloody Shame
I find it fascinating that when I ask my students whether they watch or read the news the reply is generally in the negative. Maybe part of the reason might be found in the fact that so much news resides only temporarily in our conscience before it is replaced by yet another item of news, ‘fake or not’ and we are bombarded with information churned out 24/7, minute by minute. What is alarming is that important issues are reported on, sometimes in a somewhat perfunctory manner, and lost in the mix of other important and less important issues.
And so it is for an item of news that caught my eye just before Christmas. I didn’t really think much about it until somewhere in the back of my mind I had a niggling feeling that just can’t be right. The news item, as I recall it, related to a protest outside Downing Street about women’s sanitary products. A young lady led the protest about the lack of availability of the products for young people, or was it that V.A.T was being added to the products? I just remember the banal comments made by some supporting actress and what I thought were somewhat distasteful banners being displayed. But on reflection all of this masked a serious issue, that of equality and Human Rights. Part of the storyline behind the news was that some young women were not going to school at certain times because they could not afford sanitary products. I couldn’t even imagine the embarrassment this must cause for young ladies. And then I thought about how it might affect other women on low or no income.
There has been much in the news about equality for women recently, most notably around the issue of equal pay. But this issue of sanitary products is even more fundamental. If you don’t have a decent education, how can you get into the work place, let alone achieve parity on pay?
The last time I looked, education was a Human Right. I don’t think the basis of this was something along part time education according to certain times of the month. Women did not ask to be put into this position and it isn’t something that afflicts men. I bet if it did, sanitary products would be available in every public toilet for free and you could probably order your free delivery on line.
I’m not sure how it should work but if we believe in Human Rights and we believe in equality, sanitary products, or the lack of should not be allowed to hold women back. There may be a cost but the payback would be tremendous.
More recently in the news, the Prime Minister, Mrs May, has been visiting China and according to the news had some difficult conversations about Human Rights records. I would suggest that perhaps she ought to look closer to home. And as for the media, perhaps some issues should linger longer to have a chance of embedding themselves in the public’s conscience.
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Driving value for money: My fairy tale
A few years ago I had the good fortune of being able to go to a driving experience event where I was able to drive an Aston Martin (my dream car) around a race track.
I arrived on the day and presented my provisional driving licence, a full licence was required really, but the nice people there said I could have a go as I said I loved Aston Martin cars and I would try really hard to learn to drive them.
There was a briefing about car safety that I went to and I listened but don’t think I took that much in, it was a bit boring, just some chap talking really. Then we were given the opportunity to be driven, in groups of three, around the track by an experienced driver. He would show us how to drive and the best lines to take so that we could take the corners at speed. I was a bit nervous about this and I didn’t want to be in the car with others so I missed this bit. Another nice driver took me out on my own and showed me what to do.
After that I got to drive my first Aston Martin, I took it steady because the driver kept telling me to do things and I wanted to stop because my phone was pinging and I needed to look at it. Anyway we did the track about ten times, it got a bit boring in the end. After the drive I was told to go to the briefing room and get further instructions about a time trial. I went and got some coffee and looked at Facebook on my phone, I didn’t need to go to the briefing because I’ve done the track anyway and it’s not very exciting. I did the time trial thingy, I didn’t do very well, and I don’t think they taught me much about driving or about Aston Martins.
Three weeks later I was asked by a research company what I thought about my driving experience. I said it wasn’t very good. I remember one of the questions was about value for money. The whole day cost me a lot of money and I don’t think it was value for money at all.*
Anyway I’m off to read that National Audit Office report on universities, I’m thinking about going to one sometime soon.
*The reality was that my driving experience in an Aston Martin was both frightening and exhilarating. I learnt so much on the day but it was hard work concentrating on the instructions being given and pushing myself to the limit in respect of my driving capabilities. The staff were brilliant and in the end I think I got it but there is so much more to do and as for value for money – I want to go back, that should say it all.
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Just good business or theft?
In October the Citizens Advice Bureau published a report about overcharging by mobile phone companies for mobile phones (CAB 2017). In short, a mobile phone contract usually includes the price of the mobile phone as well as the service. ‘Many people take out a mobile phone contract with the cost of the new handset included in the overall price of the fixed term deal – the majority of which are paid off on a monthly basis for a period of 2 years’ (CAB 2017). The companies often notify the consumer that the contract is coming to an end and offer an upgrade and new contract. If you are too busy or forgetful or naïve and leave the contract running, you will continue to pay for the phone even though it is paid up. According to CAB this can be as much as £38 a month.
Now consider this scenario, you enter a shop and hand over £10 for goods purchased and receive change for £20. Realising the mistake, you pocket the money despite having knowledge of the mistake.
Sections 1-7 of the Theft Act 1968 are very clear and Section 1 states:
“(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.
Section 5 is also very clear in defining whether property belongs to another and subsection 4 states:
Where a person gets property by another’s mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.”
In the case of the wrong change being provided at the shop, it is very clear that theft has occurred. So why not so for mobile phone overcharging? It is clear that you have handed over more money than you should through your bank account and this is an error, unless of course you wanted to pay more for your phone than it’s worth. The company keeps the money, knowing that they have overcharged you. Does that not sound like theft too? I don’t think a contract is worded in such a way that you give permission to be overcharged, nor can the company rely on the fact that the contract represents the whole package, otherwise how else would they maintain a pricing differentiation between different models? Maybe they can argue that all transactions are automated and therefore nobody forms any intent. To the latter I would suggest to those that are overcharged, ask for your money back from a person in the company and when they refuse…. Is it good business or theft?
Citizens Advice Bureau (2017) Mobile phone networks overcharging loyal customers by up to £38 a month, [online] available at www.citizensadvice.org.uk/about-us/how-citizens-advice-works/media/press-releases/ [accessed 24 November 2017].
Thoughts from the criminology team 