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UK Health Service Fears Huge Legal Fight Over Unwanted Contracts

DMandPenfold writes "The Department of Health is concerned that Fujitsu, CSC and BT would team up against it in a multibillion pound legal fight, should it decide to scrap the disastrous NHS National Program for IT. Fujitsu walked away from a £709 million contract in 2008, and remains locked in legal wrangling with the government over claims for the majority of the value. Today, MPs urged the government to seriously consider abandoning the program and therefore to consider terminating the remaining CSC and BT contracts, worth £3 billion and £1 billion respectively."

16 of 127 comments (clear)

  1. related? by rbrausse · · Score: 2

    I read the summary and "disastrous NHS National Program for IT" reminds me of UK Taxpayers' Money Getting Wasted On IT Spending.

    both sides are to blame here - government agencies are often really bad in project management and contractors are abusing this...

    1. Re:related? by TheRaven64 · · Score: 4, Insightful

      This is a different kind of problem. The government generates huge sets of requirements and then gives a contract to a company with a track record of failing to meet the requirements, then acts surprised when the project fails.

      The NHS system is particularly irritating, because their current system is a room full of folders containing paper. It would be trivial to deploy a database system to store the more relevant information (although the storage requirements if you want to store x-rays and CT scans get insane) in a way that's easy for doctors to access. The software is only a couple of months work for a single programmer and could be deployed by the existing IT staff. It would then make life easier for everyone involved.

      Instead, the government specifies a system with an insane list of requirements for a huge number of unusual use cases, and then wonders why the project fails.

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    2. Re:related? by myurr · · Score: 5, Interesting

      Whilst you trivialise the problem to a degree (scalability and reliability of an NHS sized system is not trivial) it still shouldn't take a small team more than a few months, and a budget in the hundreds of thousands of pounds, to build such a system. This could then be incrementally evolved over time on a budget in the hundreds of thousands per annum (maybe low millions depending on speed of development). You do then have the data entry problem to consider, but that is surmountable for a fraction of the budget of these big IT solutions.

      However that's not how the government thinks. They want to go all encompassing from day one, speccing out a bloated and unworkable unholy mess that the end user doesn't want or need, and certainly doesn't understand, that takes a budget several orders of magnitude more than is required. Then throughout the project more and more people will hear about it and give their input or point of flaws, causing massive amounts of feature creep and confusion, affecting budgets, delivery time lines, and ultimately the quality of the end product.

      As a final anecdote, as a small web agency we once were involved in the build of a website for a London borough. We were in competition with some much bigger agencies, but we went back with a good proposal, some great design concepts, and what we felt was a fair budget. The decision maker loved our whole proposal except for the cost - he actually made us double the cost of the build, simply because that then matched his budget so that it wouldn't be cut the next year (spend it or lose it!) and because it brought it in to line with the bigger agencies (so his managers wouldn't think our offering was less feature rich because it was cheaper). This way of thinking is not unique to the the public sector but is endemic throughout it, and the big suppliers prey upon this.

    3. Re:related? by Richard_at_work · · Score: 3, Informative

      In current systems, a doctor in a hospital can access basically any patient entered into that hospitals system - but when the audits bring that access up, and it will within the week, you have to be able to justify the access pretty damn well or you will face a disciplinary.

      Actually, now would be a damn good time to explain how most UK hospitals work...

      During the day, all departments are staffed, with consultants, registrars, Foundation Year 1 and 2's.

      At night, most hospitals run "Hospital at Night", where everyone buggers off home aside from half a dozen or so junior grade doctors (consultants and permanent registrars stay on call, but you literally have to call them, training scheme registrars and FY2s get to run the hospital) - who have to cover the entire hospital (aside from A&E and a few very specialist departments).

      So, while the hospital may take 400 or more doctors to run during the day, thats reduced to a handful at night - and what that means is that while you may get a doctor who has trained (or is training in) in the department you were admitted to, at night its pot luck.

      So that night doctor needs full access to your patient record to treat you, even though they may only ever see you once.

    4. Re:related? by Sad+Loser · · Score: 4, Insightful


      I am a senior doctor in the NHS and am one of many trying to unravel some of this unholy mess to work out which bits are workable.

      The obvious stuff - own a basic infrastructure, use open standards, manage contracts tightly and locally, encourage a diverse IT culture within and outside hospitals and use competition to drive down price and drive up performance - this just didn't happen. As the parent says - a centralised system specified by obsessive compulsive people who don't touch patients and with an irresistible urge to gold plate everything.

      The NHS doesn't even own the N3 network - it rents it off BT.

      We are tied down with a vast number of closed systems that will cause untold unhappiness, waste and frustration in years to come - my hospital is about to go live with CERNER, which has a Windows 3.1/ 'visual basic by a first year programmer' look and feel. It takes >30 seconds to authenticate every time you want to do anything (often)! this alone will steal many hours of medical and nursing time waiting.

      They as the parent says, the contracts were poorly specified, carved up by the usual management consultancy clowns and their mates, and then just left to fester.

      Unfortunately, the people running the whole thing were not equipped with the mental or managerial experience to make it work. There was one head of IT, Richard Grainger, who might have had a chance at doing it properly from the off, but was brought in too late when the carve up had taken place, and ran away as fast as he could. The rest is history.

      What they could have done differently?
      1. read ' the mythical man month'
      2. pay someone to re-engineer VISTA in c++/ c# / java
      3. get some people in who are successful doctors, not just the nearest beardy muppet who doesn't want to touch patients any more.

      COI: IAANHSD

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  2. There was a time when... by Richard_at_work · · Score: 4, Informative

    Summaries actually summarised the article, and not just reposted the first two paragraphs of it...

    (The below is my opinion, not a summary of the article)

    Basically, what has happened is that the Great And Wonderful NHS Computerised Records System has been in the doldrums for so long that we have ended up with a situation where every GP (community doctor for those not in the UK, they run their own clinics outside of hospitals) and every hospital has implemented their own computer records system, with the large majority of them incompatible with each other.

    The only semblance of the NHS wide system to come to light in a customer facing manner has been the emergency care records, which is a computerised subset of your entire record meant to be accessible to every A&E (ER) department in the country - but they still haven't rolled it out to everyone, and it won't be rolled out to everyone it would seem.

    It has gotten to the point where the NHS requirements have changed so much that the contracting companies are now walking away from their contracts because they are being asked to do so much more work under the original commitments.

    This whole thing has been collossally mismanaged from the start, the current government just gets the blame for the result...

    1. Re:There was a time when... by Spad · · Score: 2

      The whole NCRS project was doomed from the start; they made the assumption that the best way to make clinical records available across the country was by way of a gigantic central database and the proceeded to design it without consulting any of the users, using smartcards that were obsolete before the project started (so they can't be used for anything else like SSO because nobody supports them anymore) and changing the requirements every couple of weeks. Oh, and there's no fine-grained access control so they can't put any Mental or Sexual Health records on it since anyone with access to part of your record has access to all of it.

      What they should have done is to define a standard data exchange format, mandated that all local systems supported it and then have a central lookup table for locating where any given record is located, but then they wouldn't have been able to award massive contacts to the usual suspects.

  3. Getting paid for things that don't work. by tebee · · Score: 4, Insightful

    Maybe governments should start writing contracts that only pay up if a usable systems s delivered at the end of it ?

    OK know this is a gross oversimplification but at least it would give the people doing the work some decent motivation to make sure it did actually work in the end.

    I was brought in as a capacity planner on a former NHS computerization contract about 30 years ago. After 3 months there s was obvious to me that what the were doing, the very silly way they were doing it was not going to ft on the IBM mainframe they had specified to do this.

    On pointing this out to them I was told that some very highly paid consultants had said it was going to work and who was I, a lowly contractor, to question their wisdom even though this was the job they brought me in to do.

    I was asked to produce some pretty pictures and my contract was not renewed.

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    1. Re:Getting paid for things that don't work. by nedlohs · · Score: 2

      Maybe governments should start writing contracts that only pay up if a usable systems s delivered at the end of it ?

      For which they'd have to pay an order of magnitude more for, possibly more than just trying multiple times and ditching the failures.

      And of course no one is going to sign up for it unless the requirement are written in stone at the start. Good luck with getting that to happen.

  4. Re:the usual pork barrel mess by phonewebcam · · Score: 2

    s/health/defence

    The UK is once again in the ludicrous situation it was in of having actual government ministers go on TV and tell the country it's cheaper to go ahead and build pointless aircraft carriers than stop the projects right now. We see once again the level of courage they had with the banks - who just announced *bonuses*, not investments or redundancy payments, freaking *bonuses*, of £14bn - paid for by the real workers. Announced co-incidentally the day the Murdochs were publicly grilled, so it got little coverage. Thank goodness it's not their money.

  5. Re:I, Pencil: My Family Tree by digitig · · Score: 2

    Once again, this proves anything that needs to get done, gets done, privately (doctors implementing their own electronic database) without the need of government.

    Except it doesn't do what needs to be done, only the easy part of what needs to be done. It's fine as long as I only fall ill close to home, but if I need to see a doctor when I'm at the other end of the country, well fine, I can see a doctor, but they won't have access to my medical records.

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  6. Re:Stupid start to it anyway by Kalriath · · Score: 3, Informative

    Actually, the worst part is that healthcare IT has very good specifications already. In fact, all the standards needed to implement a system like this with maybe half a million pounds (initial buildout - scaling would of course cost more) exist. HL7, CDA, and multitudes of other specs already solve all the problems with storing EMRs, and there's several solutions already from some big name vendors already to solve the problem (where I work, we use Agfa).

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  7. Re:Socialism Sucks by splutty · · Score: 5, Insightful

    I'm sorry, but you particular view of the world breaks when people need to work together that have no reason to work together other than that 'The People' would like them to.

    Localized private companies don't want to invest money in being able to exchange data with other localized private companies (possibly in a completely different country), since they don't have any use for such a system.

    And if you get hit somewhere where the local company doesn't have coverage, and you unfortunately die because you're hyper allergic to penicilline.. Well. That's not their problem, now is it?

    That's what you have government for, to have some sort of control over all the little fiefdoms. Although I agree with you that what government tends to do nowadays is far overreaching.

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  8. Re:Socialism Sucks by itsdapead · · Score: 2

    The UK government in this situation is (attempting) to fulfill a need of society by commissioning the construction of a piece of 'public infrastructure' that the government deemed the society needed.

    Actually, the real problem in the UK is that, because, since WW2, we have alternated between socialist and capitalist governments, we have ended up with an infrastructure that sometimes combines the social conscience of capitalism with the freedom and efficiency of socialism. We have socialist structures that conservative governments hate and want to fail, but can't openly abolish because the voters actually rather like them (and know damned well that even if they were abolished, we'd only see token tax cuts). We get public money used to engage private contractors, and "commercial confidentiality" use by the government to avoid public scrutiny. We get road and rail transport nationalized by a socialist government, then the profitable bit (road) privatized by the next while rail goes to hell, finally we get rail semi-sold off in a bizarre kludge where one company owns the rails and other companies run the trains on ridiculously short franchises that deter any investment. We get nonsensical "internal markets" set up in the NHS whereby public bodies are supposed to compete like private companies...

    Probably the best solution to the NHS would have been to set up a quango which employed its own development team to produce its own system based on an open data exchange standard. A socialist solution to a socialist problem: put taxpayers money in, get a bit of public infrastructure out. Instead, we get a half-baked mix of government bureaucracy and private contracts with "for profit" companies.

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  9. NHS didn't know what it wanted. by Anonymous Coward · · Score: 3, Interesting

    As someone who was involved with the project from early on...

    The NHS really didn't know what it wanted, it just knew that it kinda wanted some sort of joined up system, and that it had a massive wodge of cash to spend.
    Result? Even when the project was years late, the NHS was STILL delivering requirements.
    Add to that entrenched company's refusing to be a part of the project and working against it from the outside (One of the biggest GP software suppliers did this), good old fashioned stupidity, and a reporting structure that was classically backwards, everyone could see it would have issues.

    The big suppliers are far more astute than government is. They could see several years down the line that the project would get canned, especially if the Tories got in, so they started building to that conclusion to the project (and turned it into a self-fulfilling prophecy).

    One last kick at everyone involved... the GPs themselves. Under the ideas of "privacy", they fought the system wholesale. Despite the system having adequate safeguards in place. The reality is that the system would make it easier to expose bad practice among HCPs, and harder to bury evidence when needed by FOI requests. You can't sell that system to the people who are using it... it would be like making politicians vote for making themselves more transparent. Never going to happen.

  10. Re:I, Pencil: My Family Tree by Arivia · · Score: 2

    I can make words bold too. Fuck off, troll.

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