Accountability failures by local government highlighted in report by Research for Action and High Court Judge

Accountability failures by local government highlighted in report by Research for Action and High Court Judge

Accountability failures by local government highlighted in report by Research for Action and High Court Judge

                                 

By John Brace (Editor)
and
Leonora Brace (Co-Editor)

First publication date: 28th April 2021, 05:48 (BST).

The three boxes on the left comprise the PFI fire stations contract
The three boxes on the left comprise the PFI fire stations contract

A 40 A4 page report published today (28th April 2021) by Research for Action titled Democracy Denied: Audit and Accountability Failure in Local Government looked at the experience of those who have tried (during a 30 working day period each year) to inspect the financial records of councils, as well as the experience of those who have asked questions of auditors or made objections using rights in the Local Audit and Accountability Act 2014 (in England) or the Local Authority Accounts (Scotland) Regulations 2014 (in Scotland). The report concentrates on requests to inspect, as well as related rights to ask questions to the auditor and/or object to the auditor. The report is mainly about requests in relation to PFI (Private Finance Initiative) schemes or LOBO (Lender Option Borrower Option) loans.
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Why did Wirral Council councillors vote for a just over 4.5% council tax rise?

Why did Wirral Council councillors vote for a just over 4.5% council tax rise?

Why did Wirral Council councillors vote for a just over 4.5% council tax rise?

                               

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Wirral Council (Budget) 6th March 2017 Part 1 of 5

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Wirral Council (Budget) 6th March 2017 Part 2 of 5

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Wirral Council (Budget) 6th March 2017 Part 3 of 5

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Wirral Council (Budget) 6th March 2017 Part 4 of 5

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Wirral Council (Budget) 6th March 2017 Part 4 of 5

Cllr Phil Gilchrist (right) (Leader of the Liberal Democrat Group of councillors on Wirral Council) speaking at the Budget meeting of Wirral Council (6th March 2017)
Cllr Phil Gilchrist (right) (Leader of the Liberal Democrat Group of councillors on Wirral Council) speaking at the Budget meeting of Wirral Council (6th March 2017)

It’s been misreported in the press that both Wirral Council and Liverpool City Council agreed a 4.99% council tax rise.

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EXCLUSIVE: What was in 138 pages of unpublished information on the Greasby and Saughall Massie fire stations?

EXCLUSIVE: What was in 138 pages of unpublished information on the proposals for a Greasby Fire Station and Saughall Massie Fire Station?

EXCLUSIVE: What was in 138 pages of unpublished information on the proposals for a Greasby Fire Station and Saughall Massie Fire Station?

                                          

Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)

On my recent birthday I resolved to publish more unpublished material that was in the public interest.

As regular readers of my blog will know, I was recently an Appellant in a First-tier Tribunal case involving Merseyside Fire and Rescue Authority over the Greasby (and now Saughall Massie) fire stations project (which also relates to the fire stations at Upton and West Kirby).

Whereas that planning application for a fire station had originally been down to be decided tomorrow at the Planning Committee it has been put back. There have been extra documents added to the planning application too. A 5 page bat survey has been added and 5 drawings have been revised which are linked to from here. The main difference is the green roofs that presumably are to look something like moss (presumably to reduce its impact on the openness of the greenbelt). If either of those links don’t work, just search for application APP/16/00985 here.

An eighty-two page transcript of various public meetings discussing the project produced at the request of the Tribunal can be read here.

However, a few weeks after the Tribunal hearing, ICO sent me a copy of communications between MFRA and ICO in the lead up to the decision notice under dispute at the Tribunal. These cover the period 3rd September 2015 to 16th February 2016 and am republishing it as I’m a broadcaster and it’s relevant to previously published footage of these public meetings.

Although no final decision on the planning application or land transfer has been made, it seems MFRA was very keen that the amounts it had estimated for land sales and purchases were kept out of the public domain. The first two FOI reasons (section 44, then section 43) ICO rejected.

Admittedly some of the arguments MFRA made showed indicated that they hadn’t at that point watched the videos of what happened at the public meetings in question, once a DVD and transcripts were supplied (about a month before the hearing) they changed their mind over disclosure of the information.

Just for clarity MFRA (Merseyside Fire and Rescue Authority) is the 18 councillors (plus a few statutory officers). It’s a different public body to Merseyside Fire and Rescue Service (which was a point that both ICO and the First-tier Tribunal managed to get wrong).

However the communications show that they intend to purchase the land at Saughall Massie in 2016 and possibly sell the other land in late 2017.

Obviously these timescales seem to have been put back a bit from what was originally planned at that time.

I seem to remember that it was said that Upton wouldn’t be closed or sold until its replacement was operational, therefore do people think that 12 months is realistic for building a fire station?

Here is what Cllr Adrian Jones (then Cabinet Member for that area) stated at a public meeting (which is at lines 3265 to 3324 of the transcript about Wirral Council’s position and isn’t it interesting that he states “we have to give planning permission” when surely that’s up to councillors on the Planning Committee?

CLLR ADRIAN JONES: I made the point of first being present at the err Greasby public meeting. Errm, and I heard err Dan Stephens, and then I reported back to the Leader of the Council and Phil’s Notice of Motion, that I’m happy to second it, err just to be perfectly clear in my decision.

And I want to give some clearly factual background information.

It’s err quite normal Mr Mayor for Council officers in our asset management department to be asked to identify the Council owned land by other public bodies and quite rightly businesses and that’s public information anyway

[26:00]

that is requested and the fact that we as a Council as we do as a thankless task.

The Fire Service in fact Mr Mayor approached us to identify Council owned land in the Greasby area and they were obliged by the government cuts to get by with fewer stations.

The Head of Asset Management is obliged when asked to identify land in Council control, and that means not making an offer!

No request has ever been to me Mr Mayor as it’s the Cabinet responsible for, err Cabinet Member responsible for asset management to make any decision on the transfer, sale or indeed the Merseyside Fire Service, if that sort of request had come to me, I would not have made the decision under delegated powers. I would have perhaps have consulted the councillors in Greasby ward with this.

The councillor errm err in Blakeley’s case, of course he was one councillor that Councillor [indiscernible – accent] has been talking about him

[27:00]

that the likelihood is that it’ll go direct for a Cabinet decision in a public session.

The Fire Service officers Mr Mayor came down I understand very strongly indeed in favour of central Greasby, now as the judgement that it had greater merit judged against response times and the risk for 26,000 of Wirral residents who they serve.

The Service is looking to embrace a range of new facilities currently 24⁄7 and very much in accordance with Eric Pickles’ wishes!

Errm, now for the last Mr Mayor. We have listened and have withdrawn the Greasby site. Whatever land is finally identified Mr Mayor, it’s the Fire Authority that has the orders for it in any case, and we have to give planning permission.

[28:00]

Err, the planning process is quite straightforward, it’s transparent and residents can object and raise their objections with councillors of all parties on that Committee. In the end granting of a planning consent is separate entirely, it is done through a motion if that is correct Mr Mayor and that is only indeed can be when people on the Cabinet and hose who are the people I’ve answered too.

Now, having heard the depth of feeling and emotion, that’s against the Greasby site,
our professional officers have identified four other potentially available alternatives and then there will be no question Mr Mayor, of any Council land being released until all these processes have been endorsed, and I think it is quite wrong of the Conservative councillors to attempt to make political capital on this and to imply to the wider public that offers were made when they know very well, it is costly and impossible for officers to have made offers!


I would have asked Merseyside Fire and Rescue Service for their response to the issues above, however as far as I can tell their press office has been under instructions not to supply comments to myself or this publication.

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What are the details of the recommendation to Wirral councillors about a senior management restructure at Wirral Council (1 redundancy, 5 promotions, 4 posts created and 4 vacant posts deleted)?

What are the details of the recommendation to Wirral councillors about a senior management restructure at Wirral Council (1 redundancy, 5 promotions, 4 posts created and 4 vacant posts deleted)?

What are the details of the recommendation to Wirral councillors about a senior management restructure at Wirral Council (1 redundancy, 5 promotions, 4 posts created and 4 vacant posts deleted)?

Surjit Tour (Monitoring Officer (Wirral Council)) at the Coordinating Committee held on 15th June 2016
Surjit Tour (Monitoring Officer (Wirral Council)) at the Coordinating Committee held on 15th June 2016 (who is one of the employees recommended for an increase in pay)

Councillors on Wirral Council’s Employment and Appointments Committee will decide on changes to Wirral Council’s senior management next week on Monday 25th July 2016. If approved by councillors the restructure will take effect from November 2016.

This senior management restructure had been put on hold until Eric Robinson’s appointment by councillors as Chief Executive of Wirral Council in February 2015.

However these are the changes recommended to councillors and you can read the full details on Wirral Council’s website.

Redundancy (1)

There is a recommendation that one senior manager (the Head of Housing and Community Safety Ian Platt) be made redundant, offered early retirement and his post is deleted. However the recommendation from officers is that his name and the financial details of how much this will cost are kept out of the public domain before the public meeting and that councillors decide on whether to release the information about Ian Platt after the meeting has been held.

For comparison the early retirement of Kevin Adderley last year cost ~£49k in redundancy plus ~£207k in pension costs for early retirement but as Ian Platt is on a lower salary grade I estimate the costs to Wirral Council are roughly ~£30k in redundancy and ~£127k in pension costs total £157k.

Promotions (5)

The following senior managers are recommended to receive a promotion:

Tom Sault (who has been acting up to the s.151 officer role will be permanently appointed to it)

Surjit Tour (who has been Monitoring Officer since shortly after Bill Norman was suspended in 2012 will now receive extra pay for being Monitoring Officer too in addition to his other job)

Mark Smith (promoted from Head of Environment and Regulation to Strategic Commissioner for Environment)

Alan Evans (promoted from Investment and Business Manager to Strategic Commissioner for Growth)

Sue Talbot (promoted from Schools Commissioning Manager to Lead Commissioner for Schools)

Vacant posts deleted (4)

Strategic Director for Regeneration and Environment (formerly Kevin Adderley)

Director of Resources (formerly Vivienne Quayle)

Head of Neighbourhoods and Engagement (formerly Emma Degg)

Head of Business Processes (formerly Malcolm Flanagan)

Posts deleted because postholder being promoted (3)

Investment and Business Manager (current postholder Alan Evans)
Schools Commissioner Manager (current postholder Sue Talbot)
Senior Manager (current postholder unknown)

Posts created (if approved by councillors) 4

Transformation Director (grade HS2 (£68,011 to £75,567))
Assistant Director: Commissioning Support (grade HS2 (£68,011 to £75,567))
Assistant Director: Community Services* (grade HS2 (£68,011 to £75,567))
Assistant Director: Adult and Disability Services* (grade HS2 (£68,011 to £75,567))

*Note new posts marked with * are recommended to be recruited internally from existing Wirral Council employees.

Penna will be advising Wirral Council’s Employment and Appointments Committee &Wirral Council officers on appointments to these four posts at a cost of £thousands per each post. If the creation of the new posts is agreed by councillors, councillors will also decide who the successful applicants are.

The councillors on Wirral Council’s Employment and Appointments Committee (although the councillors below can send a deputy in their place if they can’t make a particular meeting) are:

Cllr Adrian Jones (Chair) (Labour)
Cllr Phil Davies (Vice-Chair) (Labour)
Cllr George Davies (Labour)
Cllr Ann McLachlan (Labour)
Cllr Moira McLaughlin (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Liberal Democrat)

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What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)

I will start by declaring an interest as I was the Appellant in case EA/2016/0033. I am also married to my McKenzie Friend in this matter Mrs Leonora Brace.


Court | Room: Tribunal Room 5, 3rd Floor, Liverpool Civil and Family Court Hearing Centre, 35 Vernon Street, Liverpool, Merseyside, L2 2BX

Oral Hearing
On: 16th June 2016
Time: 10.15am

First-tier Tribunal (General Regulatory Chamber)
Case Ref: EA/2016/0033

Parties
Mr | John Brace (Appellant)
ICO (First Respondent)
Wirral Metropolitan Borough Council (Second Respondent)

Before:
Mr. David Farrer QC Tribunal Judge
Mr. Michael Hake Tribunal Member
Dr Malcolm Clarke Tribunal Member

Clerk: Clare Adams


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