2014 Open | A blog about Wirral Council, Wirral Council's councillors & officers

Looking back to 2014 on this blog at the 3 most popular stories for each month

Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess

The lists below are of the top three most viewed stories in each month in 2014. To be selected each story also had to be published in that particular month.

January 2014
1 Why did Martin Morton call for three councillors to resign?
2 Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?
3 The letter Wirral Council wrote gagging Councillor Gilchrist

The year started with a look at why Martin Morton had called on Cllr Pat Williams, Cllr Moira McLaughlin and Cllr Denise Roberts to resign. I also published the accounts for Birkenhead Market Limited (who lease Birkenhead Market from Wirral Council) and a letter gagging Councillor Gilchrist.

February 2014
1 Exclusive: Incredible £88,174 loss made by Merseytravel on sale of Liverpool pub
2 Incredible: Lyndale School call in causes second constitutional crisis for Wirral Council!
3 District Judge Woodburn grants Wirral Council possession order: pony club given a year to leave Fernbank Farm

After the Merseytram matter hit the buffers, Merseytravel was left with property that it didn’t want or need. The first story is about what happened when they tried to sell it off. The second story is the first about Lyndale School and how when the first Cabinet decision got called in, the call in committee had to ask Council to add extra people to it who’d been left off in a “constitutional oversight”. The third story was about the court battle between Wirral Council and Upton Park Pony Association. Upton Park Pony Association were given a year to leave Fernbank Farm (which is owned by Wirral Council).

March 2014
1 Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?
2 Wirral Council show how “open and transparent” they really are
3 Mark Latham of Wirral Street Pastors tells Wirral’s councillors graphic stories about Birkenhead’s boozy night life

Mark Latham from Wirral Street Pastors told councillors on Wirral Council’s Licensing Act 2003 Committee about his experiences of Birkenhead’s night life and alcohol (19th March 2014)

It may seem strange now, but in March the government were consulting on changes to the filming public meetings law. Some changes were made to the draft regulations and a right to live commentary during meetings was removed. Some new criminal offences were also added to the same legislation (but not to the section about filming). The “open and transparent” story was about the Chief Executive, in a 4 page letter, upholding an earlier decision at internal review to refuse a Freedom of Information Act request for the minutes of the Standards Working Group of the 17th December 2013. The last story was about the Wirral Street Pastors organisation and what Mark Latham had to say at a public meeting about Birkenhead’s night life.

April 2014
1 Who are the 113 candidates in the 2014 Wirral Council elections?
2 Liverpool City Region Combined Authority choose Cllr Phil Davies as Chair
3 How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

113 candidates stood in the Wirral Council elections and only 23 of these were later elected. However if you’re interested who they were then there’s a list of names. The Liverpool City Region Combined Authority met for the first time on April 1st and chose Cllr Phil Davies as Chair. The third story is my rebuttal of a (mainly) false complaint made about me by a Lib Dem.

May 2014
1 Election results for North West Region (European Parliamentary Election 2014)
2 Election results for Wallasey (Conservative hold), West Kirby and Thurstaston (Conservative hold) and Upton (Labour hold)
3 Election results for Leasowe and Moreton East (Labour Gain), Hoylake and Meols (Conservative hold) and New Brighton (Labour hold)

May had two elections in it. The first was where one councillor to Wirral Council was elected for each ward (except one that elected two due to a recent resignation in Greasby, Frankby and Irby). The second election was for 8 Members of the European Parliament for the North West region. The Lib Dems lost their only MEP in the region Chris Davies and ended up with no Members of the European Parliament in North-West England. Brian Kenny (Labour) lost his council seat in Birkenhead and Tranmere to Pat Cleary (Green Party). Ian Lewis (Conservative) lost his council seat to Treena Johnson (Labour) in Leasowe and Moreton East. Labour also gained in Pensby and Thingwall (the seat was held by an independent formerly a Lib Dem who wasn’t standing).

So the net result was that Labour increased its number of councillors from 37 to 38 (a majority of seats on Wirral Council is one party having 34 or more councillors). The Conservatives decreased their number of councillors from 22 to 21. The Lib Dems stayed on six and the Greens increased from no councillors to one.

June 2014
1 Wirral Council: It’s time for some answers over Fernbank Farm and filming!
2 Horses or 100 houses at Fernbank Farm? Liverpool City Region Combined Authority agrees to list it for housing
3 If Lyndale School closed: what might happen next?

In June I started publishing some of the court papers to do with the Fernbank Farm case including Wirral Council’s particulars of claim. During filming a public meeting of the Licensing Act 2003 Committee Cllr Steve Niblock insisted on me stopping so I moaned to Surjit Tour about it. The last story was warning about the effects on the health of the children at Lyndale School if the Lyndale School were to be closed.

July 2014
1 Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors
2 Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship
3 Councillor Walter Smith “I must say I enjoyed lavish hospitality”

July was all about golf because of the Open Golf Championship. First the email of Graham Burgess was claimed to be “fraudulent” by Surjit Tour (who referred to it as the “Open Gold Championship”). Then five minutes later Surjit Tour tried to recall the email. Then BBC Radio Merseyside had a caller asking about the story. Wirral Council’s press office then managed to tell BBC Radio Merseyside two contradictory versions of events over a short period of time. However don’t worry Cllr Walter Smith came on the radio and told everybody how in his day job as a tailor he had enjoyed “lavish hospitality” at the golf!

August 2014
1 Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality
2 UPDATED: EXCLUSIVE: 90 Incredible Lyndale School Closure Consultation responses
3 Why did Wirral Council spend an incredible £1,872 on a London barrister to prevent openness and transparency?

Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)

Phil Ward came in for criticism for the way he’d chaired the Lyndale School consultation meetings. As part of the 2013/14 audit I made public the £1,872 Wirral Council had spent on Robin Hopkins of 11KBW to make sure that they didn’t have to give out information to a Freedom of Information Act requester in response to ICO decision notice FS50474741.

September 2014
1 Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013
2 The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed
3 A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts — Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

The mileage claim forms for councillors threw up some interesting visits, including one by Cllr Tony Smith to Lyndale School back in February 2013. Once again the Cabinet decided to go ahead to the next stage of consultation on closure of Lyndale School, Surjit Tour got sent another of my letters pointing out the flaws in the decision-making process. The decision was called in.

October 2014
1 Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut
2 Whistleblowers assembled in Committee Room 1 to hear apologies from Wirral Council over a toxic whistleblowing saga involving secrecy, national, local and regional government, internal and external audit, the private sector, ££££s, senior managers, contracts and Wirral Council
3 Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Marvin the Martian from Disney’s Looney Tunes

Marvin the Martian returned to discuss Lyndale and cuts to the SEN budget. The special Audit and Risk Management Committee meeting (twice adjourned from July 2014) finally met on 8th October 2014 to discuss the BIG/ISUS issues and hear from Nigel Hobro. Graham Burgess also gave in his three-month notice and announced his retirement from 31st December 2014.

November 2014
1 Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”
2 Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was
3 Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby

A Merseytravel public meeting to discuss whistleblowing led to an interesting turn of phrase. The trade unions marched on Wallasey Town Hall, to have to first sit through a Cabinet meeting discussing how wonderful the Open Golf Championship had been. A consultation on a possible new fire station in Greasby village led to a packed public meeting in Greasby, with Dan Stephens (Chief Fire Officer) doing his best to answer questions from the public about Wirral Council’s involvement.

December 2014
1 8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016
2 Wirral Schools Forum member expresses concern at proposed £600,000 cut for children with special educational needs
3 7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

December’s stories start with the sad news that just before Christmas the Cabinet decided to close Lyndale School (from 31st August 2016). A member of the Wirral Schools Forum expressed concern at the scale of cuts to special educational needs and Wirral Council councillors decided on a long list for a Head of Specialist Services (the outgoing Head of Specialist Services leaves on 31st December 2014).

So that’s it for the 2014 round-up! See you in 2015!

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Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was

Cllr Phil Davies at the start tells people how pleased he is to see so many members of the public at the Cabinet meeting of the 6th November 2014 — Cllr Phil Davies tells people at the start how pleased he is to see so many members of the public at the Cabinet meeting of the 6th November 2014

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The first part of the Cabinet meeting can be watched above (apart from a short video that has been edited out.

Prior to last night’s Cabinet meeting there was a trade union march from Seacombe Ferry to Wallasey Town Hall. Wirral Council’s Cabinet have managed to not just cause public sector union troubles, as part of the Cabinet has managed to cause trade union issues in my private sector workplace too.

The trade union strife and march is already covered in the Liverpool Echo.

Wirral Council of course knew this was coming, so with the “Green” party in the audience the first part of the meeting was about the “Royal and Ancient” (no, I’m not referring in any way to Wirral Council’s Cabinet) & the recent Open Golf Tournament.

So are Wirral Council’s Cabinet caught in the political equivalent of madly swinging at the ball in a sand bunker whilst there’s union trouble brewing back at the club house or does Cllr Phil “Golf Club Captain” Davies just take the “rough” with the smooth?

Ed – enough of the golf puns John!

Well caught in the PR nightmare of trade union issues, obviously Wirral Council had to have a “good news” story to tell.

So the meeting started by someone telling the audience about how great TV coverage and coverage about Wirral on websites was. For a moment I thought I was in a bizarre dream. Usually Cllr Phil Davies is saying how “irresponsible” the press is or how they’ve got things wrong. A politician having to sit through a meeting where somebody says nice things about the press is a rare event indeed!

Then it got even better, a guy said there was an “economic impact” of TV and online coverage about Wirral.

Oh boy, I thought. I really am just dreaming now aren’t I? They’ve actually asked somebody to assess the economic importance to Wirral of this blog about Wirral Council and associated Youtube channels (this is the main one and this one is temporarily used whilst the dispute with Sony over Lyndale School coverage of a previous Cabinet meeting is sorted).

Thankfully the guy was only talking about golf more specifically the recent Open Golf Tournament. Hmmmm!

So when I got an email from Surjit Tour telling me to remove coverage about the Open Golf tournament from my blog he was in fact attempting to harm the Wirral economy? Well blow me down with a feather and call me Nora (no offence Leonora).

My reply to him at the time obviously should have been, don’t you realise Mr. Tour the economic harm you’re trying to ravage on the Wirral economy? Obviously a completely missed opportunity on my part and should’ve been followed by don’t you realise tourism jobs on the Wirral depend on media coverage of the Open Golf? And indeed how without that blog post would we have got classic quotes such as local tailor Cllr Walter Smith saying the quotable line “I must say I enjoyed lavish hospitality” on BBC Radio Merseyside?

So next time a Wirral Council councillor stops me filming a public meeting, I will not only remind them of the law states but I will accuse them of the “economic carnage” and people that’ll be put out of work that they’re deliberately inflicting on the local economy. Probably hyperbole, but then a lot of politics often seems to be hyperbole.

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Is freedom of the British press over as UK blogging enters the age of George Orwell’s “Ministry of Truth” (1984)?

Ministry of Truth George Orwell 1984 comment removed

As I run a blog, I will declare an interest at the start of this article in that I am the operator of this blog. Before anyone accuses me of bias again (I will point out that much of the below is an opinion piece based on a recent court case, legal changes and experience).

One of the things I enjoy about writing (and reading other blogs) is that people do leave comments (although many others read without leaving a comment). The United Kingdom is however not an ideal place to base a high-tech business, which is part of the reason that in an ideal world doing what I do, I wouldn’t be based at all in the UK but somewhere that doesn’t have such a peculiar regulatory environment.

Previously the UK was well-known for its “libel tourism” because of the way the courts here operated when it came to libel. However from past cases certain things can’t be libelled, such as a political party or a local council. Even on matters published abroad, in the past lawyers had preferred to sue in the UK because of the way the court system was here and how easy it was to win their case (and how disastrous financially for the defendant even if they won!).

A lot of the laws that govern the media in this country were based on print publications and arguments about censorship have raged for centuries. A lot of the laws were written before the internet actually happened and were frankly, well overdue for reform. Eventually reform came.

For an example of what used to happen, I direct you to the case of what happened involving Carmarthenshire County Council. Details of the judgement in Thompson v James & Anor ([2013] EWHC 515 (QB) can be read by following that link.

Please note this next bit is in reference to Wales (a country within the UK that borders the Wirral but has a different set of laws and legal system (as well as political system) to here in England).

A local blogger there, Mrs Thompson sued the Chief Executive of Carmarthenshire County Council Mark James, alleging that he had libelled her. This was in reference to a letter written from Mark James that referred to Mrs Thompson that was published on another blog (that is not the blog of Mrs. Thompson) that writes under the nom de plume madaxeman.

When sued, the Chief Executive of Carmarthenshire County Council used public funds to pay his legal costs (Carmarthenshire County Council had provided him with an indemnity for his legal costs) and his legal team also counterclaimed against Mrs Thompson for references made about Mr. James on her blog which he took exception to.

The court dismissed Mrs Thompson’s libel claim, but upheld Mr James’ counterclaim.

Although the audit bodies in Wales in relation to Carmarthenshire County Council have questioned the issue of whether using public funds for his employer to pay the Chief Executive’s legal costs in a libel lawsuit is actually lawful, Mark James is now vigorously pursuing enforcement of the court order he was granted against Mrs Thompson through a Land Registry charge on her property in respect of damages awarded to him and the defendant’s legal costs (paid for by the taxpayer).

Partly to prevent the courts getting completely clogged up with libel cases (because let’s face it if everyone who had ever had anything written about them untrue online actually filed a lawsuit with the court that would happen), whereas in the past somebody could sue not only the author of a comment, but the publisher and the editor as well, the law was changed. The UK ended up with a new libel law (Defamation Act 2013), which completely reformed the old libel laws, introduced defences of truth, honest opinion and publication on a matter of public interest and also new regulations were introduced that came into force on 2nd December 2013.

The new libel law also introduced a test that had to met. Any statement that was claimed to be defamatory had to have “caused or is likely to cause serious harm to the reputation of the claimant”. The new regulations are referred to as the Defamation (Operators of Websites) Regulations 2013 and cover comments left on blogs.

This blog (and comments left on it) fall under the new regulations as I’m the operator of the blog and am based in the UK. In theory if I wasn’t based in the UK but the people leaving the comments were, their comments would probably fall under the new regulations too.

In relation to user generated content (such as comments) on blogs, it means that now the operator of the blog (such as myself) is not liable if the operator of the blog follows the rather strict procedure laid down in the regulations when a complaint is made.

The regulations can be read online, but basically as an operator of a blog if a complaint (that falls within the regulations or even a defective notice) is made about a comment on my blog, I have to within 48 hours (assuming the commenter complained about actually has provided an email address) get in touch with the poster of the comment and they then have 5 days to respond. I also at this stage contact the complainant too.

If no response is received from the person who left the comment within 5 days, the comment is removed, otherwise I’m in breach of the regulations. The person who left the comment has five days to respond and the regulations give them a variety of options which partially determine what happens next. For example they can withdraw their comment in which case it is removed at that point. There are however other options also available to them.

Other larger technology businesses aren’t entirely happy with the current regulatory framework under which they have to operate here in the UK and have published transparency reports as to complaints received and outcomes. I have decided it is high time that I did this too, especially considering the views of the media on censorship.

Out of many thousands of comments currently on the blog since the new regulations came into effect on the 2nd December 2013 there have been complaints so far about two. Detail is provided below.

However, I’d like some feedback from you the reader as to the level of detail provided below and how open and transparent I am being. Are there things you think I should include in future reports, that I am not including currently?

Obviously in the case of complaint #1 I’m not allowed to republish the original comment as that has concluded and the author of the comment has withdrawn it. However there seems to be a general pattern emerging as to the type of stories I get requests for comments to be removed on, doesn’t there?

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STATUS: Completed (comment removed 4th July 2014 see here)

Complaint number: Complaint #1

Comment author: John Hardaker

Complainant: Surjit Tour of the Metropolitan Borough of Wirral (Wirral Council)

Article comment attached to: Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship

Outcome: Comment author (Mr. Hardaker) decided to withdraw comment and text of comment was edited out with details inserted explaining why.

Note: see also partial transcript of BBC Radio Merseyside broadcast at Councillor Walter Smith “I must say I enjoyed lavish hospitality” which discussed this.

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STATUS: Completed (comment removed 13th October 2014)

Complaint number: Complaint #2

Comment author: James Griffiths

Complainant: He/she have chosen to remain anonymous

Article comment attached to: Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Outcome: Comment author (Mr. Griffiths) sent email wishing to withdraw comment.

Note:

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Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Above is Graham Burgess in July 2012 at the Council meeting that chose him as Chief Executive

Below is the text of a media release issued by Wirral Council and distributed by David Armstrong, Assistant Chief Executive to those at the Cabinet meeting this evening. Usually I don’t just reprint press releases, but as it’s late and it’s newsworthy I think people had better know.

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(Wirral Council logo)

MEDIA RELEASE FROM WIRRAL COUNCIL

October 9, 2014

Wirral Council Chief Executive, Graham Burgess announces his retirement

Wirral Council Chief Executive Graham Burgess informed tonight’s meeting of Wirral’s Cabinet that he is to retire on December 31, 2014.

Graham officially joined Wirral Council in September 2012. Previous to that, he had been Chief Executive of Blackburn with Darwen Borough Council, and remains a leading figure in the Local Government Association (LGA).

He said: ‘When I took up post, I said that first and foremost, my role was to help shape the transformation of Wirral. Wirral is now a very different place to when I arrived, and I feel now is the right time to hand over to let the next phase of this work begin.

‘I have enjoyed the opportunity to work with the organisations and communities that make Wirral a special place, and I will continue to take a strong interest in the borough’s future. I would like to thank the people I have worked with, including residents, Councillors, and staff for their hard work. There are many excellent people working for Wirral and I wish them every success as they take the authority forward.’

Councillor Phil Davies, Leader of Wirral Council today paid tribute: ‘Graham joined us at a very difficult time and has been a positive and transformational catalyst for change. I would like to thank him for galvanising a collective will to move forward positively and constructively.

‘I am sad to see him go. We have been a good partnership forged by a shared appetite for change and innovation. However. we will continue the positive progress already made, and look forward to choosing a new Chief Executive to continue to take us forward into the next phase.’

Before joining Wirral Council on a full-time basis, Graham had spent a considerable amount of time in Wirral, including as a member of the Council’s LGA-led Improvement Board.

Graham, who was born in and lives in Liverpool, was previously Chief Executive of Blackburn with Darwen Borough Council. He began working for Wirral Council as part of the LGA Improvement Board, after series of external reports highlighted major weaknesses in the authority.

Since taking up the post of Chief Executive on an interim basis, then later being permanently appointed to the role, Wirral has been selected as one of nine authorities to participate in the Public Services Transformation Network.

The Council’s improvement has also been named by the LGA as being the fastest turnaround of any Council in the country, and is held up by the LGA as an example of best practice.

Since Graham joined the authority, Wirral has made significant progress in managing the financial risks and challenges it faces. An independent ‘Value for Money,’ report, compiled by auditors Grant Thornton, and published in September, also found that Wirral had made significant progress in managing the financial risks and challenges it faces.

Ends

Follow Wirral Council on Twitter: www.twitter.com/WirralCouncil

For further information contact Gill Gwatkin, Press and PR Officer, Wirral Council, 0151 691 8360.

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Expense claim forms for Councillor Ann McLachlan 2013 to 2014

Now we turn to the expenses claims of one of my very own Labour councillors for Bidston & St. James ward Councillor Ann McLachlan. Cllr McLachlan is Deputy Leader of the Council and Cabinet Member for Governance, Commissioning and Improvement. As you can imagine from such a senior councillor, her expenses claims are quite long.

Her expenses claims refer to trips to the local Gautby Road Play and Community Centre Joint Management Committee in (you’ve probably guessed already) Gautby Road, on which she represents Wirral Council’s interest. In fact I think she’s Chair of that. Yes that’s the committee that is in charge of the play area next to the community centre which is kept padlocked because the last thing we want is children using a play area!, Improvement Board meetings (which ceased in November 2013), Chrysalis (what’s that?), a trip down to London for a pensions conference, Cabinet meetings, a “transformation event” at the Floral Pavilion, Wirral Metropolitan College governors meeting, interviewing job applicants for the Director of Resources post, trade union meeting about redeployment, more job interviews and shortlisting, work on the Member’s (Members refers to councillors) Training Steering Group, the Chrysalis Board (again), a LGA Conference in Manchester, a “Strategic Communications” workshop at the Floral Pavilion, another redeployment meeting, “Visioning Training” at the Floral Pavilion, a meeting of the Democracy Working Party, the LGA Leadership Academy in Coventry (module 3) please, please no jokes in the comments about her being sent to Coventry where she spent £35 on taxis, another Leadership Academy in Coventry (module 2) when her taxi claim was £41.80 (maybe module 2 teaches you leadership skills such as how to get cheaper taxis to the same place), the Beechwood and Ballantyne Housing Association Board, interviews for a Strategic Director, shortlisting for the Director of Children and Young Peoples Department, more leadership training in Coventry where the taxi was only £10.40, the local Area Forum, a meeting to do with the Hoylake Golf Resort launch, full Council meetings, Youth Parliament, well you can see for yourself below how busy she’s been!