Extraordinary meeting of Wirral Council called to discuss Girtrell Court

Extraordinary meeting of Wirral Council called to discuss Girtrell Court                                           Edited 24th March 2016 to add quote from Cllr Chris Blakeley. Edited 4th April 2016 to include a link to the Labour and Lib Dem amendments. An extraordinary meeting of all Wirral Council councillors about Girtrell Court (requested by Cllrs Chris Blakeley, Bruce Berry, … Continue reading “Extraordinary meeting of Wirral Council called to discuss Girtrell Court”

Extraordinary meeting of Wirral Council called to discuss Girtrell Court

                                         

Cllr Chris Blakeley explaining his notice of motion on Girtrell Court to Wirral Council councillors at a public meeting 14th March 2016
Cllr Chris Blakeley talking about Girtrell Court at the Council meeting held on the 14th March 2016

Edited 24th March 2016 to add quote from Cllr Chris Blakeley.

Edited 4th April 2016 to include a link to the Labour and Lib Dem amendments.

An extraordinary meeting of all Wirral Council councillors about Girtrell Court (requested by Cllrs Chris Blakeley, Bruce Berry, Leah Fraser, Paul Hayes, Lesley Rennie and Steve Williams) is scheduled to take place starting at 6.00pm on Monday 4th April 2016. The meeting will take place in the Council Chamber at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

The request for the meeting relates to an article in the Wirral Globe and statements that Cllr Chris Jones made a few days before that article was published at the Council meeting on the 14th March 2016.

A copy of the Notice of Motion proposed by twenty Conservative councillors is reproduced below (I’ve linked the bit about the Wirral Globe article to the article in question).

MOTION – GIRTRELL COURT

Proposed by Councillor Chris Blakeley
Seconded by Councillor Bruce Berry

1. Council recalls that, at the Council meeting on the 14th March, 2016, the Leader of the Council and the Cabinet Member for Adult Social Care and Public Health gave assurances that there was no timetable for closure of Girtrell Court.

2. Council noted this included a promise that Girtrell Court would remain open until such time as acceptable and alternative respite provision could be provided for users of Girtrell Court and that the Cabinet Member stated that no decision on Girtrell Court would be made until all the statutory ‘one to one’ consultations had
been completed.

3. Council is therefore deeply puzzled and disappointed that 48 hours later, in the Wirral Globe online version, the Cabinet Member announced that Girtrell Court will close at the end of August.

4. Council resolves that any budgetary decision about Girtrell Court is made in the public arena by Council as required by the Constitution of Wirral Borough Council.

Signed by:

Councillors:

Tom Anderson
Bruce Berry
David Burgess-Joyce
Chris Blakeley
Eddie Boult
Wendy Clements
David Elderton
Gerry Ellis
Leah Fraser
Jeff Green
John Hale
Paul Hayes
Andrew Hodson
Kathy Hodson
Cherry Povall
Lesley Rennie
Tracey Pilgrim
Adam Sykes
Geoffrey Watt
Steve Williams

In response to the meeting being arranged, Cllr. Chris Blakeley wrote, “In the last 14 days, we have been told, ‘yeah, but no, but maybe’ by the Cabinet Member for Adult Social Care and Health over the future of Girtrell Court.

At the same time, the Leader of the Council pledged to be open and transparent only to then delegate the decision to the Cabinet Member and Director, out of public view and with no reference to the rest of his Cabinet.

This whole sorry saga has proved to be traumatic to the staff and families; it has appalled the trade unions and ward councillors in Saughall Massie. I believe the Cabinet Member should now make it clear what, if anything, she has decided and on what evidence. Neither I, nor the families, believe the repeated claims about ‘extending choice’ – it is, in truth, about closing services.”

Both Labour and the Lib Dems have tabled amendments to the notice of motion above. The Labour amendment deletes paragraphs 3 and 4, criticises the Conservatives for calling a Council meeting about it and repeats their long running position about choice.

The Lib Dem amendment calls for the consultation findings to be shared with councillors and for greater scrutiny by councillors of any re-provision of care.

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What did councillors say about Girtrell Court before the meeting was adjourned?

What did councillors say about Girtrell Court before the meeting was adjourned?

                                                      

Last week there was a debate at a public meeting of all Wirral Council councillors about whether the decision to close Girtrell Court should be made at a public meeting or behind closed doors.

I thought it would be useful (as there was uncertainty as to whether it would be discussed at all) to start a transcript of what was said during that debate.

The Conservative notice of motion on Girtrell Court can be read here (page 2 (motion 3)) and the Labour and Liberal Democrat amendments to it can be read here.

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Council (Wirral Council) 14th March 2016 starting at 22m21s at the start of the debate on the Girtrell Court motion

Cllr Chris Blakeley talking to his notice of motion on Girtrell Court at a meeting of Wirral Council 14th March 2016
Cllr Chris Blakeley talking to his notice of motion on Girtrell Court at a meeting of Wirral Council 14th March 2016

Cllr Chris Blakeley Thank you Mr. Mayor.

Mr Mayor, I think tonight I’ll just ask a question of the Leader of the Council this evening, he can see the approach that we have on this subject, the people in the public gallery, who have repeatedly attended in the public gallery at meeting after meeting to make their views known.

Mr Mayor, I’m saddened that I have to bring such a notice of motion, in an effort to underpin the democratic rights of both elected Members and of course the public we are here to serve.

Mr Mayor on this particular issue which revolves around Girtrell Court, this matter goes further than that. It goes to the very heart of why we are here and why we are empowered by the electorate to make decisions in an open and transparent way and in the public arena. In committees, in cabinets and most importantly in this Council Chamber.

Last week Mr Mayor, the Labour Members in this Chamber voted to a person to allow a budgetary decision that can only be made by Council, a decision that will have a massive impact on the most vulnerable people in our care, to be made behind closed doors without any means of challenge by this Council or the people it affects.

Mr Mayor, I’ve scoured the constitution and I’ve got a number of pages here with regards to budget procedures and I simply cannot find anywhere where it says budgetary decisions that can only be made by Council can be delegated to a portfolio holder and an officer to be made at a future date in secret behind closed doors.

(shouts of hear, hear and applause)

Mr Mayor, if this is allowed in this case where will it end?

Mr Mayor, I refer to the Council’s constitution and the constitution is divided into sixteen articles which sets out the basic rules governing the Council’s business and it talks of the principles of decision-making which includes references to respect for human rights and a presumption in favour of openness. Article 1 of the constitution states, “The Council will exercise all of its powers and duties, in accordance with the law and this constitution.”

At (ii) in that it says it will, “support the active involvement of citizens in the process of local authority decision-making;”

and

section (v) states, “create a powerful and effective means of holding decision-makers to [public] account;”.

Mr Mayor, how can making a decision behind closed doors actively involve citizens and hold them to account?

Mr Mayor, section 2.3 states at (e), “All Councillors will be involved in decision making.”

Well Mr Mayor, if that’s the case, then why is that statement not being adhered to?

Article 4 deals with Council’s budget framework and states at the outset that, “the full Council will decide the Council’s budget and policy framework” . Section 4.2 states, “Only the Council will exercise the following functions:

[(i)] adopting and changing the Articles of the Constitution;

[(ii)] approving or adopting the policy framework, the budget and any application to the Secretary of State in respect of any Council land.”

Mr Mayor, again nowhere does it state that decisions on the Council’s budget can be delegated to individual portfolio holders, even in conjunction or not in conjunction with an officer.

Mr Mayor, I’ve looked at Phil [Davies]’ amendment and I have to say at the risk of destroying my street cred I agree with parts of the first paragraph. Yes, this is about people and it is about choice and Mr Mayor the people have made their choice. That choice Mr Mayor is Girtrell Court.

(applause)

Mr Mayor, it seems people can have a choice as long as they don’t choose Girtrell Court but Mr Mayor that’s not a choice!

The second paragraph tries to justify why a decision has to made behind closed doors. Mr Mayor, this is too important a matter and there is no justification for not making a decision in the public arena.

I’ve looked at the Lib Dem amendment, I have to say it is meaningless. It simply reinforces making the decision behind closed doors and then challenging it. It’s quite clear you know that we can’t really support that.

Mr Mayor, the proposal to close Girtrell Court has caught the attention of the public and in particular the users and loved ones, not just here but around the world Mr Mayor. People have signed the petition from Australia, America, Canada, all over Europe and Mr Mayor while it is one of the smaller savings, this is the issue that is the most devoted and has courted the most publicity in the public budget.

Mr Mayor, if this delegated decision is allowed to take place, then it fully means the Labour Group has changed the constitution without the authority of the Council.

Mr Mayor, the proposal to close Girtrell Court is ill thought out and ill-conceived. However, the very least the hundred and thirty-three families and the forty-five staff can expect is that any decision is made in the public arena and not in secret behind closed doors.

(applause)

Mr Mayor, it’s not too late for the Leader of the Council and his Group to listen to the people, to listen to the ten thousand people who’ve signed petitions, to listen to the hundred and eighty-nine people who had their say on the consultation and to give them that choice, the choice they want Girtrell Court.

(cheering and applause)

Mr Mayor, I urge the Council to support this motion.

(applause)

Mayor of Wirral Cllr Les Rowlands Cllr Phil Davies, you now have up to five minutes to move your amendment.

Cllr Phil Davies explains the Labour amendment on the Girtrell Court motion at the Wirral Council meeting on the 14th March 2016
Cllr Phil Davies explains the Labour amendment on the Girtrell Court motion at the Wirral Council meeting on the 14th March 2016

Cllr Phil Davies (Leader of the Council) Thank you Mr Mayor.

For this me, the key driver behind this decision is definitely, it’s running in step with more choice

(drowned out by heckling)

(Cllr Phil Davies sits down)

Mayor of Wirral Cllr Les Rowland Excuse me, excuse me. I want you to be here because I want to see this debated openly, transparently.

It is being debated, excuse me sir. It’s being debated in this Chamber tonight openly and transparently and that’s my job is to make sure that that happens.

I want you to be here, but I also want you to listen and let the debate, let the debate carry on.

I’m sorry sir, if you carry on I’m going to have to ask you to leave. So please listen to what I’m saying. Cllr Davies?

Cllr Phil Davies Thank you Mr Mayor.

So, let’s be very clear at the outset, this issue is about giving disabled people and their carers greater choice in their respite care.

The fundamental issue that we’re facing up to and I believe we have faced up to as the new structure is that our entire budget for respite care, it’s £1.5 million is tied up in twenty beds in a single building.

Now we know that, I’ve seen the evidence that many of our service users and their families do not want a traditional residential type facility for their respite care.

However, because all of the budget for respite care is tied up in this one

(drowned out by heckling)

unable to meet the needs of and the demands I think of all our

(drowned out by heckling)

So I believe Mr Mayor that reproviding this care, which meets people’s needs more effectively, I think is the right way forward.

I’ll just give you a few examples of alternative respite care…

(drowned out by heckling)

and carers are asking for. We’re talking about things like supported living where people have their own tenancy,

(drowned out by louder heckling)

(Cllr Phil Davies sit down)

(loud heckling)

Mayor of Wirral Cllr Les Rowlands I don’t want to have to clear this gallery. I want you to be here and listen to the debate. You may not actually agree with what has been said, but at least the councillors have the right to debate. Cllr Davies?

Cllr Phil Davies Thank you Mr Mayor.

So, the alternative provision that we’re looking at includes but is not exclusively supported living, shared lives, where people stay with a paid carer in their own home,

(heckling)

(Cllr Phil Davies sits down again)

Cllr Jeff Green Mr Mayor, can I just say? I’ve been on the Council for a long time, I’ve been on the Council for a long time Mr Mayor and I think given the public participation, given what the public want in this

(drowned out by loud cheers)

anyone makes a point anytime, for the Leader of the Council to sit down and refuse to take part is frankly pathetic!

(drowned out by applause)

Mayor of Wirral Cllr Les Rowlands Cllr Davies.

Cllr Phil Davies Cllr Green, I don’t think he’s aware that

(drowned out by heckling)

So the alternatives we’re looking at include supported living, where people have their own tenancy,

(drowned out by heckling)

shared living, where people stay with a paid carer. Some people are asking for support at home.

(drowned out by heckling)

(Cllr Phil Davies sits down)

Cllr Louise Reece-Jones Mr Mayor, as a deaf Member of the Council, it is very difficult to keep up with the conversation and I’m to make an informed decision on how I would vote on this.

I have two sign language interpreters that find it very difficult to listen to both the Leader of the Council and also to give me the conversation that’s happening on the balcony which everybody else is privy to and I’m not as a deaf Member. So I would ask the Council please so I can take part in this full debate as an elected Member that we have a little bit of respect.

(applause)

Mayor of Wirral Cllr Les Rowlands Can we please try and have this debate otherwise we’re not going to have the debate and that would be even more of a tragedy. So will you please allow the councillors

(drowned out by heckling)

Cllr Davies?

Cllr Phil Davies So the range of alternatives include all of those I mentioned.

Now I accept that some people or a number of people do want a traditional residential facility, which will we will continue to provide respite care, but that is not the option that everybody wants!

And I think focussing all of our funding in that one site, we are failing those carers that …

(heckling)

(Cllr Phil Davies sits down)

Cllr Jeff Green For heaven’s sake!

(heckling)

Mayor of Wirral Cllr Les Rowlands Excuse me, this is the Council Chamber where a policy is being debated. Now, it’s not, it’s being debate in, excuse me, I’m talking! Yes. I’m talking. Excuse me, leave the Chamber please! Excuse me, I’ve asked this gentleman to leave the Chamber. I’d like you to leave the Chamber! You have to leave the Chamber! I’m sorry, you’ve not listened to what I’ve said. You have to leave the Chamber! This is… excuse me, can you leave this Chamber please? Sorry? I want a five-minute adjournment while this gentleman leaves the Chamber.

(there was then an adjournment)

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Tribunal confirms that Wirral Council paid ~£48,000 to Emma Degg connected to confidential compromise agreement

Tribunal confirms that Wirral Council paid ~£48,000 to Emma Degg connected to confidential compromise agreement

                                           

Emma Degg at the Wallasey Constituency Committee Working Group 1st October 2014
Emma Degg at the Wallasey Constituency Committee Working Group 1st October 2014

In a recent Tribunal judgement involving a freedom of information request made to Wirral Council by Paul Cardin, there has been official confirmation that the ~£48,000 payout by Wirral Council to a former employee was to Emma Degg (referred to in the judgement as X).

Emma Degg was a chief officer at Wirral Council. She was the Head of Neighbourhoods and Engagement on a salary of between £77,697 and £86,330.

It has been revealed in the judgement that before leaving Wirral Council Emma Degg signed a confidential compromise agreement with Wirral Council. This compromise agreement included not revealing the amount she was paid to leave Wirral Council or the date she was paid it.

The FOI request along with Wirral Council’s responses can be read on the whatdotheyknow.com website and ICO decision notice FS50522678 can be found on ICO’s website.

Mr. Cardin’s appeal to the Tribunal was dismissed. The judgement stated that the Article 8 (privacy) rights of Emma Degg was a factor in favour of not disclosing the information.

The Tribunal upheld ICO’s decision notice FS50522678 that the information requested should be withheld on grounds that it constitutes personal information.

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Labour councillors vote to hold Girtrell Court closure decision behind closed doors

Labour councillors vote to hold Girtrell Court closure decision behind closed doors

                                                      

Cllr Chris Blakeley explaining his notice of motion on Girtrell Court to Wirral Council councillors at a public meeting 14th March 2016
Cllr Chris Blakeley explaining his notice of motion on Girtrell Court to Wirral Council councillors at a public meeting 14th March 2016

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The first part of the debate on Girtrell Court can be watched in the video above (starting at the 22 minutes 21 seconds point)

Councillors at yesterday evening’s meeting of Wirral Council debated a notice of motion on Girtrell Court proposed by Conservative Cllr Chris Blakeley. He asked councillors to agree that the decision on the future of Girtrell Court should be taken during a public meeting rather than behind closed doors.

The Labour councillors (in an amendment proposed by Cllr Phil Davies) disagreed with this and instead restated their previous position. Their view was that a decision on the future of Girtrell Court should be made behind closed doors by the Cabinet Member Cllr Chris Jones and the Director of Adult Social Services Graham Hodkinson.

The Lib Dem councillors (in an amendment proposed by Cllr Phil Gilchrist) agreed with the original motion, but called for all the background and supporting material to be published when Cllr Chris Jones makes her decision.

The Lib Dem amendment didn’t receive enough votes to be agreed as it was only supported by the four Lib Dem councillors. Labour’s amendment received 36 votes for, 24 votes against with one abstention.

It was also announced during the debate that bookings for Girtrell Court will be extended to the end of August 2016.

The following was agreed yesterday evening by councillors:

Girtrell Court

Council believes that it is important to offer service users and their families a choice of respite care provision. People want the ability to choose the type of care and support which is right for them. At present they are unable to do this. This is not about a building or provider, it’s about the person.

Council notes that the Leader of the Council has previously stated that he wants his Administration to be open, transparent and fair with the people of Wirral. Council welcomes this approach.

Council notes that a detailed debate on Girtrell Court took place at Budget Council on the 3rd March and a clear way forward was agreed. This involves statutory consultation with service users and their families followed by a clear new service offer and events for carers and cared for people to meet potential new providers. Services will be commissioned to meet all of the identified needs at that stage. Authority will be delegated to the Director, in conjunction with the Cabinet Member, to make decisions in order to avoid undue delays which would prolong uncertainty. We are not imposing deadlines on when this process will be complete and, in the meantime, Girtrell Court will remain open.

Council further believes that the families of those using Girtrell Court, the staff, trade unions and residents and users must be given every opportunity to influence the future of Girtrell Court through a clear and transparent decision-making process.

 

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Will councillors vote to gag a debate on whether Girtrell Court decision is made in public?

Will councillors vote to gag a debate on whether Girtrell Court decision is made in public?

                                                   

Bernard Halley (left) talking about Girtrell Court at the Wirral West Constituency Committee 11th February 2016 L to R (foreground) Bernard Halley, David L to R (background) Graham Hodkinson, Cllr Matthew Patrick
Bernard Halley (left) talking about Girtrell Court at the Wirral West Constituency Committee 11th February 2016 L to R (foreground) Bernard Halley, David L to R (background) Graham Hodkinson, Cllr Matthew Patrick

In a surprise twist, the debate on a notice of motion on Girtrell Court has become like the thought experiment Schrödinger’s cat.

The reason the debate might not be heard is because of Standing Order 17(1) in Wirral Council’s constitution (see page 162:

17. Rescission of preceding resolution

(1) No decision of the Council (including a decision taken by a committee or panel under delegated powers) may be reconsidered by the Council on a notice of motion within six months of the date of the earlier decision unless the notice of motion (under Standing Order 7) is signed by 17 members of the Council. If that motion is rejected by the Council neither it nor one to the same effect can be considered by the Council for six months.
 

However standing order 17, doesn’t apply to debates on large petitions, which are dealt with according to Wirral Council’s petitions scheme.

In the case of a petition of at the time of writing 6,593 signatures the petition scheme states “Petitions that must be considered by the Council – these must be signed by at least 3,000 people who live in the Borough”.

So in order for there to be a debate on Girtrell Court tonight either:

(a) Councillors could decide to suspend standing order 17 to allow the debate on Girtrell Court to go ahead, or

(b) Bernard Halley submits his large petition which triggers a fifteen minute debate as debates on petitions aren’t subject to standing order 17 or

(c) Councillor Blakeley finds fifteen other councillors to sign his notice of motion and therefore the debate goes ahead.

Tonight’s public meeting of Wirral Council will start at 6.00pm in the Council Chamber at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

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