26411 - Contract and Assurance Manager

Overview of the job      

Accountable to the Deputy Director Strategic Support, Administration and Assurance within NOMS in Wales, the Contract and Assurance Manager at HMP Berwyn is accountable for overseeing delivery and development of the learning and skills contract, Prison Industries contract and undertaking assurance activity across HMP Berwyn of both private and public sector prison. This includes accountability for operational contract management and oversight of related interfaces with other providers (e.g. HMP Berwyn Governor and Senior Management Team, Wales Community Rehabilitation Company, National Probation Service, Betsi Cadwaladr University Health Board) and for related stakeholder engagement including Welsh Government, negotiating change, encouraging innovation, service planning, development, commissioning activity and encouraging the highest level of performance.

The Contract and Assurance Manager at HMP Berwyn must ensure any contractual failings are remedied and/or penalised when necessary escalating unsatisfactory performance to the Deputy Director Strategic Support, Administration and Assurance.

The Contract and Assurance Manager must undertake assurance of public sector commissioned delivery within HMP Berwyn and ensure that any feedback from assurance activity across HMP Berwyn is fed back to the Governor in a professional and timely manner.

The estimated contract value per annum across the two contracts is £7m.

Summary            

The Contract and Assurance Manager is a key member of the DDs senior management team, accountable for overseeing delivery and development of the contracts for Learning and Skills and Prison Industries at HMP Berwyn as well as undertaking independent assurance activity of all provision within HMP Berwyn.

The Contract and Assurance Manager will work collaboratively with colleagues within the Directorate (Deputy Director, Lead Governor, CRC Senior Contract and Assurance Manager, Commissioner, System Change Team, Governors of other public sector prisons in Wales) and other functions across NOMS / MoJ including and the other contract management teams across Wales and England.

The Contract and Assurance Manager will lead and promote effective relationship management and build effective working relationships with and between providers (e.g. CRCs, prisons, NPS). The post holder will have sufficient seniority and authority to represent and deputise for the DD and deal effectively with strategic commissioning partners and with providers at Chief Executive, Managing Director, Director and senior manager levels.

The Contract and Assurance manager will analyse and quality assure public sector prison delivery within HMP Berwyn and ensure that any feedback from assurance activity across HMP Berwyn is fed back to the Governor in a professional and timely manner.

The Contract and Assurance Manager will be accountable for the line management, performance and development of a team including a Deputy Contract and Assurance Manager and Assistant Contract and Assurance Officer.

The geographical base for the Contract and Assurance Manager can be flexible with the main base being within HMP Berwyn whilst travel will be expected across NOMS in Wales, and will require some work in London and other locations.

Responsibilities, Activities & Duties

The job holder will be required to carry out the following responsibilities, activities and duties:

Perform a range of statutory and operational duties including:

• Act as the lead accountable manager, ensuring the contracts are managed effectively. Ensuring the contracts are providing value for money; monitor, record and report areas of non‐compliance and manage through the process to resolution, when necessary identifying areas of concern that need to be brought to the attention of the Deputy Director.
• Ensure there is positive relationship management with the contractors both corporately and locally, key stakeholders, Ministry of Justice procurement, and HQ team.
• Undertake appropriate risk management of all operational processes and both providers delivery thus ensuring the policies and reputation and practices of NOMS and the Ministry of Justice are adhered to and enhanced rather than exposed to unnecessary risk.
• Be accountable for ensuring all financial processes are discharged appropriately, ensuring that the correct levels of payment are made for satisfactorily delivered services, when necessary ensuring the collection of penalties fees, credits notes and refund by the authority.
• Reconcile the monthly delivery of services to those procured and invoiced.
• Manage and be accountable for the local contract management team budget.
• Assess, negotiate and advise the Deputy Director Strategic Support, Administration and Assurance on operational risks and potential consequences of contract changes (e.g. efficiency savings, Specification, Benchmarking, Costing) and manage the implementation of the Notice Of Change (NOC) process
• Negotiate and set annual service and contractual delivery indicators.
• Monitor and report on performance measures on a monthly basis highlighting deficiencies both to the relevant Contractor and the Deputy Director Strategic Support, Administration and Assurance.
• Liaise and negotiate with the contractor on all performance measures, where necessary mitigating on the basis of sound evidence and penalising when required.
• Liaising, negotiating and agreeing the Annual Service Delivery Plans for both Contracts and making sure they are agreed with the Governor where required.
• Agree and authorise application of penalties/credits as per the contracts ensuring policy lines are followed.
• Agree and Monitor the implementation of action plans for Her Majesty’s Inspector of Prisons (HMIP), Audit and any other audit or assurance activity in relation to contracted delivery.
• Be accountable for ensuring there are effective links between the establishment and specialist advisors, when necessary monitoring and driving forward actions plans (e.g. Corruption Prevention Unit).
• Manage to ensure high quality delivery of an annual audit plan which gives assurance to the organisation on key high risk areas of operational delivery. This should include reviewing the relevant schedules of the contract to ensure they are fit for purpose and represent value for money.
• Produce briefings/responses/reports to Ministers and Senior Civil Servants as required ensuring the organisation can quickly and accurately meet information requests.
• Undertake investigations as required, including investigating and reporting to the Deputy Director on any allegations made against the Contractors staff.
• Maintain positive relationships with prisoners and their families to ensure needs are met, when necessary responding via the complaints system.
• Review business cases submitted by either Contractor and make sure they are in line with the overarching aims of the Contracts, the Prison and the Governor.
• To support and train contractors staff in matters relating to the role of the Contract and Assurance Manager.
• Prepare the NOMS position on and attend a quarterly contract review meeting between the contractor and senior NOMS personnel.
• Conduct regular quality checks on service provision from both the Learning and Skills and Prison Industries Provider
• Chair a monthly Contract and Assurance Manager/Contractor meeting on Learning and Skills and also Prison Industries, ensuring that discussions are documented and that resulting actions are time bound and implemented.
• Chair a Service Integration Group meeting which will bring together a number of internal and external stakeholders to ensure that all interfaces issues are managed and innovation / efficiency is embedded.
• Attend meetings as delegated by the Deputy Director Strategic Support, Administration and Assurance to identify any changes and or Projects that may impact on or may increase a risk to the services being provided by the contractors
• Share best practice to the providers/NOMS as appropriate to support improved services

Assurance of public sector delivery at HMP Berwyn

• Accountable for agreeing the annual service levels and plan with the Governor at HMP Berwyn
• Accountable for monitoring public sector delivery against the annual service plan at HMP Berwyn
• Accountable for ensuring that appropriate recommendations are made based on audit / assurance activity to inform commissioning, service integration, service planning and system development activity
• Review action plans produced by the Governor following the Contract and Assurance Manager presenting findings from assurance activity.
• Accountable for the development of an annual assurance plan for public sector delivery and sharing key findings across NOMS in Wales.

The duties/responsibilities listed above describe the post as it is at present and is not intended to be exhaustive. The Job holder is expected to accept reasonable alterations and additional tasks of a similar level that may be necessary. Significant adjustments may require re‐examination under the Job Evaluation scheme and shall be discussed in the first instance with the Job Holder.

Competencies

All of the competencies in the NOMS CQF are relevant to this group profile. For the purpose of selection the following competencies will be measured:

• Seeing the Big Picture
• Changing and Improving
• Managing a Quality Service
• Delivering at Pace
• Leading and Communicating
• Collaborating and Partnering
• Acts with Integrity

Essential Skills, Qualifications, Accreditation & Registration     

No specific qualifications are essential but experience and skills relevant to senior management, commissioning and contract management are required:

Specifically:

• Senior management experience in prison or a comparable environment (e.g. within the criminal justice system or involving delivery of offender/public services)
• Experience and skills in relation to contract or performance management, and/or service development and commissioning of custody based offender services at a senior level
• Ability to make decisions about issues of risk arising from audit and assurance activity and managing these effectively and sensitively across organisational boundaries and in line with political and economic considerations
• Highly developed understanding and detailed knowledge of policy and strategic developments in relation to custody based and through the gate offender services and how these apply to operational practice and the contract management process
• Knowledge and appreciation of contract management requirements, and highly developed understanding of the challenges involved in managing and assuring delivery of large complicated commercial contracts  
• Experience and skills in leading and managing in a complex change management context
• Effective programme and project management experience and skills
• Effective high quality skills to lead and manage staff to achieve demanding objectives
• Demonstrates sound judgement, and has the ability to build effective working relationships, and to influence and negotiate with internal and external stakeholders at a senior level in a complex and multi-layered delivery landscape
• Ability to function effectively in a challenging environment with a high level of personal resilience.
• Excellent written communication skills to ensure that reports and contractual correspondence is effective.

Factor Examples

Skills & Knowledge

• Accountable for the delivery of operational and performance management at a strategic senior level in a custody setting of learning and skills and industries
• Working knowledge of custodial operational delivery at Senior Management Team level. In addition to having in depth knowledge of operational procedures and national standards across all functions of the establishment. The Contract and Assurance Manager needs to be able to challenge instantly any areas of non compliance or questionable practise, and if this results in dispute with the contractor the Contract and Assurance Manager must have the skills to interpret the practice witnessed and set it against the standards and instructions laid out by NOMs either in PSI’s/PSO’s, specifications or the contract.
• Broad knowledge of:

PSO 1300 – Investigations for the purpose of Statutory Duty – Lead Investigations Officer. Make recommendations to revoke / suspend a Prison Custody Officer’s Licence where appropriate.

PSO 9010 – IT Security Policy for the purpose of Asset Owner (Contract and Assurance Manager) and Line Management of Local Information Manager (Dep Contract and Assurance Manager).

PSO 9015 – Information Assurance for the purpose of Asset Owner (Contract and Assurance Manager) and Line Management of Local Information Manager (Dep Contract and Assurance Manager).

PSO 9020 – Data Protection for the purpose of Asset Owner (Contract and Assurance Manager) and Line Management of Local Information Manager (Dep Contract and Assurance Manager).

PSO 9025 – Archiving & Retention for the purpose of Asset Owner (Contract and Assurance Manager) and Line Management of Local Information Manager (Dep Contract and Assurance Manager).

• Demonstrates a high level of ability to develop effective relational management
• Makes strategic decisions and implements actions based on a thorough understanding of custody setting and linkages to the employability and HMP Berwyn and Wales CRC and NPS.
• Will lead and form appropriate customer/provider relationships and understand the related interdependencies and conflicting demands
• The Contract and Assurance Manager should have an advanced level of knowledge of the contents and operationalization of the contract they oversee.
• Has an understanding of audit and assurance in relation to the delivery of custodial services. The Contract and Assurance Manager must have an in depth knowledge of operating procedures and processes and in depth knowledge of data interpretation and quality assessment.
• Able to demonstrate excellent stakeholder management skills. The post will be required to represent NOMS with multiple stakeholders in a complex commissioning and delivery environment
• Will have effective and detailed knowledge and understanding of all aspects of services relevant to the management of offenders in the custody to apply this to make sound local commissioning and contract management decisions and inform the development of strategic commissioning priorities.
• Fully understands competing policy drivers (such as the drive for savings, localism versus economies of scale, structural reform), and has the skills to integrate these into NOMS/MOJ policy and commissioning Contract Management strategies.
• Excellent knowledge of effective practice in relation to improving employability of offenders and the skills and ability to apply these to commissioning decisions and contract management.
• Will have the skills to negotiate with Chief Executives, Managing Directors, Directors, Senior managers and a broad range of subject matter experts and policy groups to influence development of activities and ensure they inform and meet commissioning intentions
• Will have the skills and experience to contribute to long term organisational performance and policy decisions.

Accountability & Decision Making            

• Responsible for authorising payments in line with contract provisions (contract values approximately £7m per annum)
• Accountable for commissioning services to ensure that NOMS strategic aims of a safe, decent and secure environment, reducing reoffending and public protection
• Accountable for making contract management and commissioning decisions based on identified business risks and in line with the strategic aims of NOMS/MOJ.
• Accountable for making defensible decisions on the safe/proper treatment of prisoners, appropriately challenging the Providers failings in an evidence based manner.
• Accountable for managing the Contractors performance across the full range of learning and skills and Industries services
• Accountable for making decisions regarding performance improvement initiatives made by the provider and if necessary devising strategies to support improved performance.
• Accountable for making decisions and providing advice to the Deputy Director regarding changes to contracts, including resources and performance levels
• Accountable for leading on the management of the contract management governance processes in relation to HMP Berwyn learning and skills and prison industries contracts as required, including dispute resolution and chairing the Operational Management Group and Service Integration Group monthly meeting and Quarterly Contract Review Group as required.
• Accountable for developing a strong and effective working relationship with Commercial Contract Management and NOMS support functions e.g. Commercial, Finance, Legal to ensure that the requisite advice is obtained to inform the management of the contract.
• Responsible for deciding the effective allocation of contract management resources within their designated team, at the discretion of the DD.

Problem Solving

• Accountable for identifying problem areas, assessing the complexity of the issue and recognising the strategic consequences for both the contract and the potential delivery of services by other providers. In the first instance the Contract and Assurance Manager will work directly with the prison Director to resolve the matter.
• Taking into account the balance of priorities of prison performance the Contract and Assurance Manager has responsibilities for ensuring the collation, analysis and interrogation of data / information provided by the Contractor and challenges insufficient or misleading information. Lead on more extensive enquiries from sources across the establishment and following interpretation of data conclude a judgement that may potentially have significant impact to the contract / running of the Contract i.e. change in local procedure and change in reporting.
• Working in partnership with the relevant Contractors to address ongoing shortfalls in delivery and performance to understand the reasons of the failure and find solutions to address and prevent further failure. An example of this is a drop in purposeful activity outcomes.
• Responsible for dealing with and supporting the resolution of complex contractual interdependencies, for example across Prison Industries and Learning and skills and with prison staff, the National Probation Services, Community Rehabilitation Company
• Will ensure that all decisions taken are in line with Ministerial requirements and steers and balanced against the organisational risks associated with these decisions.
• Will be accountable for making their own decisions affecting a broad range of stakeholders, budgets and policies.
• Will be responsible for making key decisions in relation to highly complex and evolving elements such as interdependencies across the prison.
• Will be responsible for making decisions that have financial and operational implications. For example, ensuring that providers deliver value for money; and that increases in efficiency and effectiveness are achieved
• Will be responsible for managing the expectations of a wide range of stakeholders including Ministers, Directors, OGDs, providers and other external stakeholders such as Welsh Government
• Will be responsible for dealing effectively with potential conflicts and dependencies that arise from commissioning and contract management activity.
• Will interpret and analyse, evaluate and act on diverse and potentially conflicting information arising from performance data

Resource Management & Financial Impact          

• Holds formal responsibility for managing the overall performance of Contract(s) including validation of service delivery and payments (Estimated relevant contract values are £7m per annum)
• Accountable for monitoring/evaluating financial performance of providers under contract.
• Accountable for a small team, and the effective and efficient deployment of those staff, at the discretion of the DD
• Holds responsibility for deployment and oversight of additional sources of funding e.g. Welsh European Funding etc.
• Accountability for negotiating outcomes with providers to ensure value for investment decisions
• Holds responsibility for specifying service outcomes
• Holds responsibility for the evaluation of provision and demand to inform strategic commissioning decisions to maximise return whilst providing safe and equitable services.
• Budget holder for the Contract and Assurance Managers Team with monitoring and control of expenditure
• Accountable for the application of service credits and also the calculation of any gain share on both contracts as applicable and ensuring the recovery of money is in a timely manner.

Organising & Planning

• Responsible for the development and implementation of long term commissioning strategies and plans for national themes and priorities
• Responsible for a contribution to HMP Berwyn and Directorate Business Planning as required, including business risk management
• Responsible for planning and significant change programmes as required
• Responsible for ensuring that regular contract reviews are planned and take place according to schedule.
• Responsible for representing NOMS in engaging with Other Government Departments and Commissioners
• Responsible for ensuring local commissioning strategies are reflected in both Providers annual business plans and MoJ/NOMS strategy
• Responsible for organising large and complex projects involving multiple agencies and stakeholders to deliver strategic outcomes and new commissioning approaches
• Responsible for identifying priorities and for taking the lead on the work of the Deputy Contract and Assurance Manager and Assistant Contract and Assurance Manager under their management
• Responsible for the production and implementation of an annual assurance plan across both contracts and the wider HMP Berwyn delivery and presenting the findings to the DD, Governor and Providers (as required).
• Responsible for undertaking daily / weekly leadership and observational walkabouts of the contracted delivery and challenging any representation of the Provider.
• Responsible for good time management whilst ensuring the walkabouts are not predictable.
• Responsible for managing, planning and delivering the contract management service in line with organisational objectives. This includes engaging, managing relationships and co-ordinating activity with other Groups, Directorates and Agencies.

People Management

• Responsible for the line management, performance, and development of the team including the Deputy and Assistant Contract and Assurance Manager.
• Deployment and organisation of the Deputy and Assistant Contract and Assurance Manager to fulfil a wide range of performance monitoring and operational audit functions
• Will develop mature and confident relationships with senior level representatives of providers (e.g. Prison Industry Provider, Learning and Skills Provider, Governor of HMP Berwyn, Senior Management Team, as well as with key partners including NPS, CRC, Welsh Government).
• Will be responsible for developing stakeholder relationships in the locality to promote effective delivery

Information Management

• Will be responsible for identifying and drawing together from a variety of sources, a wide and complex range of information about the quality and volume of service delivery. Makes proposals arising from this analysis to influence the future strategic direction of commissioning and contract management and HMP Berwyn.
• Will deal with complex and sensitive performance and financial data to support contract management and commissioning activity for both learning and skills and Prison Industries contracts at HMP Berwyn
• Will take a holistic view of the performance of the contracts, identifying and promoting good practice/learning exchange and supporting performance improvement
• Will assume responsibility to ensure that data are stored and used within current legislative and procedural frameworks and in line with data security.
• Will be responsible for ensuring that systems are in place to provide prompt and relevant information in response to requests.
• Will be responsible for assessing complex and sensitive data to decide and justify commissioning priorities and contract management decisions, and present rationale to stakeholders (inside and outside of NOMS) in a variety of different formats and forums
• Will be responsible for developing commissioning information and leading on commissioner engagement with a broad range of local and national stakeholders to support the delivery of strategic outcomes
• Will directly collate and interpret financial, performance and service level data and present information in an appropriate way in response to Parliamentary Questions, FOI requests and for Ministerial Submissions

Influencing & Interaction

• Will be accountable for representing NOMS to internal and external stakeholders. In particular, influence senior managers and stakeholders in relation to NOMS policy, including sometimes having to resolve difficult issues with the relevant Providers senior management and with other senior stakeholders.
• Will negotiate with and exert strategic and operational influence on a wide range of stakeholders where conflicts of interest may be present (including Providers, voluntary and private sector organisations and other Public Agencies). To do this on behalf of NOMS to secure the commissioning and delivery of strategic outcomes, value for money and increases in efficiency and effectiveness.
• Will influence the design of future competitions to ensure that providers are contracted to deliver the service outcomes required by NOMS within tight and reducing budgets
• Will be responsible for handling complex and conflicting pressures (political, financial, operational, stakeholder views) upon the delivery of contract management.
• Will be responsible for influencing Directors and teams within other Directorates to ensure development of commissioning of NOMS services and contract management strategies.
• Will work with providers and co-commissioners with conflicting interests to resolve differences of opinion and ensure the commissioning of appropriate services.

Emotional Demand & Risk

• Will manage pressures of working to tight deadlines with high political and financial interest.
• Will handle a high level of personal or organisational reputational risk and be accountable for significant commissioning and Contract Management decisions.
• Will need to show resilience and confidence when dealing with challenges.
• The post holder will have contact with prisoners in order to inform assessment of service delivery, which could expose the post holder to challenging or confrontational behaviour.
• Will take decisions about issues of risk in complex situations - swiftly responding to these issues as they arise and managing mitigation activity to enable business continuity, protect the public and ensure public confidence.
• Will need to deal effectively with the demands and challenges involved in managing large commercial contracts.  
• Will work effectively and sensitively across organisational boundaries and within the political environment.

If you require any assistance please call 0845 241 5358 (Monday to Friday 8am - 6pm) or e mail Moj-recruitment-vetting-enquiries@sscl.gse.gov.uk. Please quote the job reference - 26411.

Please contact Sian Hibbs -Sian.hibbs@noms.gsi.gov.uk for further information