Labour use casting vote to delay decision on Saughall Massie fire station land

Labour use casting vote to delay decision on Saughall Massie fire station land

Labour use casting vote to delay decision on Saughall Massie fire station land

                                          

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Cllr Chris Blakeley addressing Wirral Council Regeneration and Environment committee about a new fire station in Saughall Massie September 2015
Cllr Chris Blakeley addressing Wirral Council Regeneration and Environment committee about a new fire station in Saughall Massie September 2015

Wirral Council’s Regeneration and Environment Committee meeting of the 15th September 2015 (Part 1 of 4) who discussed a notice of motion about a proposed new fire station in Saughall Massie

A week ago I wrote Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie? which finished at the end of Cllr Blakeley’s speech which is only the beginning of that story.

Now as you’re reading the same blog a week later you can read what happened next, in what’s rapidly becoming a saga. If you’ve written as much on this issue as I have, you’d find it’s become a saga longer than the epic poem Beowulf (but not as exciting). Bonus marks to those leaving comments if they can tell me who the Grendel character is in this matter. However literary references aside here’s what happened next.

Chair (Cllr Mike Sullivan, Labour): Thank you Councillor Blakeley. Is there any questions from any Members? No? No?

Cllr Steve Williams (Conservative spokesperson): Yeah, thanks Chair. As there are no questions regarding this, I’m happy to move that the three points I can only go along with to maintain the green belt, not to give, sell or lease the land and to remain to ask officers to continue to try and find an alternative solution which Councillor Blakeley’s has just said he believes that there is.

Sorry I’ll put the mike on. In view of that if I can move that the notice of motion be agreed in its entirety.

Cllr Gerry Ellis (Conservative councillor): Chair?

Chair (Cllr Mike Sullivan, Labour): Does anybody want to …, I’d just like to say that this is a planning issue and I think if it goes to Planning [Committee], I mean I’m not, am I correct to say that it hasn’t, there’s no plans been submitted yet to planning?

Cllr Steve Williams (Conservative spokesperson): Yeah if I can assist there Chair, yes the outcome may be a planning permission and there hasn’t been any application that we’re aware of yet but this Notice of Motion is as Cllr Blakeley said prior to that and we’re asking that these three issues be taken into place which doesn’t concern planning.

Chair (Cllr Mike Sullivan, Labour): OK Steve, I take that on board but what I’d like to suggest, just let me finish Chris and then you can come in, what I’d like to suggest is, that rather than have a Notice of Motion that Steve and Gerry has seconded, if we get the [Merseyside] Fire [& Rescue] Service to come and explain why they’ve identified this site, as opposed to any other site.

I don’t think it’s particularly fair that we have Councillor Blakeley’s, that side of the argument, without having the fire, somebody from the [Merseyside] Fire [& Rescue] Authority to come and explain their position.

Cllr Chris Blakeley: Why didn’t the Council invite them?

Chair (Cllr Mike Sullivan, Labour): Well hang on, I’ll take, if you can be quiet from the floor please Councillor Blakeley, err Chris? And then I’ll take Steve and then Dave.

Cllr Chris Spriggs (Labour): Thanks err Chair. I really want to concur with that, what I was going to suggest that there has been a, so called evidence brought forward there’s just been some emails that have been flipped through. Obviously, to be fair in this situation, I think it would be about having a conversation with the [Merseyside] Fire [& Rescue] Authority and getting to the bottom of some of the remarks that were made rather than going through to this Notice of Motion.

Chair (Cllr Mike Sullivan, Labour): Steve?

Cllr Steve Williams (Conservative spokesperson): Councillor, you did point before this. Bringing the [Merseyside] Fire [& Rescue] Service, had this been heard as a normal Notice of Motion in Council, it’s just this new constitutional method that we’re bringing it to here. The [Merseyside] Fire [& Rescue] Service wouldn’t be there. We’re not discussing with it, we’ve had the [Merseyside] Fire [& Rescue] Authority have had their meetings, this isn’t for that. This is purely for the three points, items one, two and three which I don’t believe the [Merseyside] Fire [& Rescue] Service can answer those three anyway.

Chair (Cllr Mike Sullivan, Labour): Dave?

Cllr Dave Mitchell (Lib Dem spokesperson): Err, thank you Chair. Apologies for being late, I was stuck in traffic outside Cammell Lairds for forty five minutes, very unfortunate, but I.. that way. I did intend to be here on time to talk through the previous minutes. Unfortunately I missed that.

All I can say is that at the present moment, like Councillor Spriggs, I need to find out more information because stuff comes to light through emails that have been released, you talk about land deals, swaps, all sorts of things. I need to know the background of all this information prior before I make any decision at all in relation to what’s here before us.

Chair (Cllr Mike Sullivan, Labour): Thanks Dave. Rob?

Cllr Rob Gregson (Labour councillor): Thanks Chair, I mean I’m just going to reiterate what was said by comments already made. We’re talking here about response times, we’re talking about a professional judgement and really whereas I do accept the arguments about green belt and the biodiversity of the area, you know and that’s a serious issue that I take seriously Chris as well and you know I’m pleased that you’ve raised that point here but at the same time we’re talking about an emergency service that has made a decision and I really feel that they should come to us and give us the information how they’ve reached that decision and chosen one site over another. Thank you Chair.

Chair (Cllr Mike Sullivan, Labour): John?

Chair (Cllr John Hale, Conservative): I’m about to say Chairman, that I’m absolutely surprised and amazed that there was a Notice of Motion that has been in existence now for some weeks coming before this Committee and now what someone has been unable to anticipate that there would be suggestions put forward and evidence put forward which would show that the wrong site had been chosen and that’s .. I’m absolutely amazed that nobody made any attempt to bring here tonight the fire officers from the Merseyside Fire Service and Authority which would’ve shortcutted all of this.

We’ve have had a vote which has been referred to us for a vote, a thing that we were denied at Council but it’s come here tonight and I’d certainly like an explanation if not from our fire officers but from the [Merseyside] Fire [&] Rescue Authority, that if you were aware of this why you weren’t here tonight? Because they are simply delaying the right of people to have this examined by the proper body!

Chair (Cllr Mike Sullivan, Labour): OK, thanks John I take that on board. So, can we delay the recommendation tonight and we can get the fire officer to come to our next meeting and tell us and maybe the process has moved on from there, there’s no planning application been sent in as yet, so it’s not time that we lack, I think it’s due diligence and we are, I agree with Rob, we are talking about life and death here, it is a very important emotive subject and taking on board the amount of people who attended the meetings and the hostility if you like but I would like to hear from the [Merseyside] Fire [& Rescue] Service before we send any recommendations through and we’re not pressured by time.

Cllr Chris Blakeley: Oh we are!

Cllr Adam Sykes (Conservative): Thank you Chair.

Member of the public: Sorry, Greasby was the original preferred site but that was withdrawn.

Chair (Cllr Mike Sullivan, Labour): Can I just say that this is a private meeting held in public and I would ask you not to interrupt please, just listen please?

Cllr Adam Sykes (Conservative): Thank you Chair. I think it’s importantly that we actually look at what’s being asked. I don’t think it’s beyond our remit to ask the Council to protect our green belt or to even to ask our officers to work with the [Merseyside] Fire [& Rescue] Authority. We’re asking them to go and deal with the [Merseyside] Fire [& Rescue] Authority, not for us to make the decision on behalf of the [Merseyside] Fire [& Rescue] Authority. We just want our council officers to go and do that on our behalf and I think that would be something that this Committee could decide tonight.

It’s not for us to decide whether the [Merseyside] Fire [& Rescue] Authority’s professional opinion is right or wrong, it’s just that we ask our officers to engage with them and ask them to think again, I think that’s what the spirit of the Notice of Motion is to ask them to take a look at the decision that they’ve taken and explore some alternatives and I think there’s no reason why we couldn’t make that decision without hearing the [Merseyside] Fire [& Rescue] Authority’s views in person.

Chair (Cllr Mike Sullivan, Labour): Thanks for that, this motion stands and it is the duty of this Committee to look at these things and make recommendations but as I’ve said before, I think it would be wise of this Committee as well as listening to what Councillor Blakleley had to say, to listen to what the [Merseyside] Fire [& Rescue] Authority have got to say and then we make a recommendation. Well it is the responsibility of this Committee to make recommendations and I think it would, it wouldn’t be in our interests or the general public’s interest, or the Council’s interest to make a decision when we’ve only heard one part of the argument.

Cllr Adam Sykes (Conservative): Sorry Chair, can I just come back on that? I don’t think …

Chair (Cllr Mike Sullivan, Labour): You can, but then I’m going to wrap it up.

Cllr Adam Sykes (Conservative): That’s fine, I don’t think I was saying that we’re not making a decision. I think what is in here this does not force a decision on the [Merseyside] Fire [& Rescue] Authority. It would still be for the [Merseyside] Fire [& Rescue] Authority to present their planning application. That was my point.

Chair (Cllr Mike Sullivan, Labour): Right well, I’m going to wrap it up now. If you want to make just a quick comment Gerry? If you’ve made a recommendation and you’ve seconded it we could have a vote on that.

Cllr Gerry Ellis (Conservative): Well I’m sure that there’s nothing in this resolution here that’s going to stop the process of going as it is. I would think that we should definitely support this resolution.

The voting was as follows.

For the resolution (5)

Cllr Gerry Ellis (Conservative)
Cllr John Hale (Conservative)
Cllr Tracey Pilgrim (Conservative)
Cllr Adam Sykes (Conservative)
Cllr Steve Williams (Conservative spokesperson)

Against the resolution (5)

Cllr Michael Sullivan (Labour Chair)
Cllr Jerry Williams (Labour)
Cllr Jim Crabtree (Labour)
Cllr Rob Gregson (Labour)
Cllr Chris Spriggs (Labour)

Abstentions

Cllr Dave Mitchell (Liberal Democrat spokesperson)

It was therefore a tied 5:5 vote (with one abstention).

The Labour Chair was asked to use his casting vote. He stated that they would invite the head of the Merseyside Fire and Rescue Service to the next meeting to listen to him before making a recommendation.

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Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

Over 3,000 people have signed a petition against car parking charges at Fort Perch Rock in New Brighton but what happens next?

                                                            

Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 1 of 3
Fort Perch Rock car park 29th June 2015 Photo 2 of 3
Fort Perch Rock car park 29th June 2015 Photo 2 of 3
Fort Perch Rock car park 29th June 2015 Photo 3 of 3
Fort Perch Rock car park 29th June 2015 Photo 3 of 3

Above are three photos of Fort Perch Rock car park in New Brighton taken on the 29th June 2015. Over the busier summer holidays this car park will be full.

Future Council Wirral logo
Future Council Wirral logo

As part of the Future Council consultation last year Wirral Council consulted the public on £2.5 million of budget cuts. In the end only £2.4 million of cuts were agreed because of savings that resulted from the extended Biffa contract.

One of the budget options as part of the Future Council consultation was to introduce car parking charges at the Fort Perch Rock car park in New Brighton. Councillors were told that this would bring in an estimated £25,000 in 2015/16 and £10,000 in 2016/17. A public document (that wasn’t part of the documents shared with the public as part of the Future Council consultation) estimated that the cost of providing cash payment ticket machines would be £20,000 (see section 6.2 page 9).

Last year as part of that budget consultation, there was a public meeting of Wirral Council’s Regeneration and Environment Policy and Performance Committee on the 4th November 2014 where councillors discussed the budget option for charging for car parking at Fort Perch Rock car park.

You can watch that discussion in the Youtube video below which should start at the point about the Fort Perch Rock car park.

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The minutes of what was agreed at the public meeting of the 4th November 2014 are included in the agenda for the Cabinet meeting that decided on the budget options.

At that meeting Cllr Jerry Williams (Wirral Council’s Heritage Champion and a Labour councillor) tried to move a recommendation that the budget option of charging at Fort Perch Rock car park be removed from the budget options. However the solicitor advising the Committee said that it couldn’t be removed, so instead it was watered down to a recommendation to Cabinet that the budget option wasn’t adopted. The recommendation was seconded by Cllr Robert Gregson (also a Labour councillor representing New Brighton ward). This is what the recommendation stated:

“The Regeneration and Environment Policy and Performance Committee recommend to Cabinet that the budget option to introduce car parking charges at Fort Perch Rock Car Park, New Brighton is not adopted.”

                                                            
Cllr Irene Williams (Labour), Cllr John Salter (Labour), Cllr Anita Leech (Labour), Cllr Matt Daniel (Labour), Cllr Robert Gregson (Labour), Cllr Jim Crabtree (Labour), Cllr Jerry Williams (Labour), Cllr Steve Williams (Conservative), Cllr John Hale (Conservative), Cllr Jerry Ellis (Conservative), Cllr Andrew Hodson (Conservative) and Cllr David Elderton (Conservative) voted in favour of the recommendation.

Two councillors voted against that recommendation (Cllr Chris Carubia (Lib Dem) and Cllr Mike Sullivan (Chair, Labour)).

On the 9th December 2014 Cabinet (which is ten Labour councillors including one for New Brighton Cllr Pat Hackett) met. They didn’t agree with the recommendation from the Policy and Performance Committee and instead voted to introduce car parking charges at Fort Perch Rock in New Brighton. The minutes of that meeting state “We also feel that it is appropriate to introduce a modest charge for parking at Fort Perch Rock in New Brighton up to 6 p.m.” .

This Cabinet budget proposal then formed the Cabinet’s proposal for Labour’s budget to the 2015/16 budget meeting of all councillors held on the 24th February 2015.

All the Labour councillors on the 24th February 2015 present at that meeting (including those who had three months earlier voted for a recommendation to Cabinet not to start charging for parking at Fort Perch Rock) voted for the Labour budget apart from Cllr Steve Foulkes (who was Mayor and Mayor’s traditionally abstain from votes on party political matters). You can see which way each councillor voted on the Labour’s budget here.

On December 22nd 2014 I wrote When Wirral Council introduces car parking charges at Fort Perch Rock, will 3 hours free parking end for a further 423 New Brighton spaces? which details how if car parking charges are brought in at Fort Perch Rock car park then under the terms of the lease that Wirral Council has for the Marine Point development at New Brighton, that charges could be introduced at two free car parks (the supermarket car park and the health & fitness car park).

Earlier this year Wirral Council had a formal consultation on introducing car parking charges at Fort Perch Rock car park. You can see the public notice (which has more detail as to how much they could charge for parking) for that consultation below. That consultation ended on the 3rd July 2015.

Fort Perch Rock car park public notice
Fort Perch Rock car park public notice

There is a large petition against introducing charging for car parking at Fort Perch Rock car park in New Brighton which at the time of writing has 3,395 signatures.

So what happens next? In September there will be a public meeting of the Highways and Traffic Representation Panel to consider objections people have made to introducing car parking charges at Fort Perch Rock car park.

The Chair of the Highways and Traffic Representation Panel is Cllr Steve Williams (Conservative). Cllr Mike Sullivan (Labour) and Cllr Dave Mitchell (Lib Dem) are the rest of the panel. This panel meets during the day and if any of the three councillors can’t make it to the meeting they can send a deputy in their place.

When the Highways and Traffic Representation Panel meets in September, it will make a recommendation on whether to introduce car parking charges at Fort Perch Rock car park to the Regeneration and Environment Policy and Performance Committee. The Regeneration and Environment Policy and Performance Committee meet in public on the 15th September 2015 starting at 6.00pm in Committee Room 1 at Wallasey Town Hall. The Regeneration and Environment Policy and Performance Committee can alter any recommendation they receive from the Highways and Traffic Representation Panel.

The Regeneration and Environment Policy and Performance Committee then make a recommendation to the Cabinet Member for Highways and Transportation Cllr Stuart Whittingham who then makes a formal decision on the matter which is published on Wirral Council’s website.

Such a large petition also grants the petition organiser for five minutes to explain their petition at a meeting of all councillors, which then triggers a debate of a maximum of fifteen minutes. However as the next meeting of Council is on the 12th October 2015 (probably after all this will be decided) this is a moot point.

Finally, what’s known now, but wasn’t known last year, is that Wirral Council had an underspend last year of £510,000 last year (which is money that is carried over to this year).

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Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”

Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”

Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”

                                                                 

ED 26/11/14 15:16 – Following a complaint from Merseytravel received on the 26th November 2014, the word “some” has been added to the headline for the purposes of clarity.

Declaration of Interest: The author of this piece was years ago involved as the Claimant in litigation against Merseyside Passenger Transport Authority (defendant) and Merseyside Passenger Transport Executive (defendant) that started and concluded in 2007 in the Birkenhead County Court. This was after first raising his concerns internally with its former Chief Executive Neil Scales and former Chair of Merseytravel Cllr Dowd. At this stage the matter could have been easily settled for £15 but Merseytravel chose at that stage not to.

Merseytravel’s legal costs in the matter were estimated at £thousands (which Merseytravel paid themselves and would have had to pay whether they won or lost). The increased legal costs of Merseytravel were partly because of what happened as detailed below.

During the case Merseytravel’s barrister (in my opinion a barrister is indeed slight overkill for a £15 claim in the small claims track in the county court, but I know now it’s common practice in the public sector to do this) had to (rather embarrassingly) ask for the permission from both the Claimant (myself) and the Birkenhead County Court to withdraw the first signed witness statement of their expert witness (a Merseytravel employee) after I pointed out a factual inaccuracy in their witness statement (that the witness (a Merseytravel employee) had indeed signed a statement of truth for).

Merseytravel also sought (initially but later changed their mind on that) in 2008 to withhold documents referred to from the Claimant that were referred to in their defence. If I remember correctly a Merseytravel employee stated to me at the time that such documents (which were details of their charging policy for lost Solo and Trio passes) were not for the public.

The final judgement in the case (by agreement by both Merseytravel and myself) was later modified by the Birkenhead County Court due to a factual error made by the Judge who had not taken into account an earlier application in the case and chosen to ignore me pointing this out to him at the time of the hearing.

Although the judge at the final hearing agreed with me that Merseytravel had discriminated against me three times because of a protected characteristic, the court accepted Merseytrave’s reliance on a statutory defence that discrimination on these three times was justified due to a “a proportionate means of achieving a legitimate aim” because of decisions by politicians.

The four councillors from Wirral Council at the time on Merseytravel (the Merseyside Passenger Transport Authority) were:

Cllr Ron Abbey (Labour)
former Cllr Denis Knowles (Labour at the time but switched to the Conservatives)

It is perhaps to be noted that as is relevant to how politicians and those in the public sector relate towards protected minorities (and this point here is obviously to do with attitudes towards a different protected minority) that Denis Knowles in 2012 later faced a Wirral Council Standards Hearing Panel hearing based on a complaint of Denis Knowles after a comment he left on Facebook about members of the LGBT community who were members of the Labour Party. He was suspended at the time from the Conservative Party.

former Cllr Jacqueline McKelvie (Conservative)
Cllr Dave Mitchell (Lib Dem)

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A councillor asks a question about Merseytravel's whistleblowing policy at a public meeting of its Audit and Governance SubCommittee 24th November 2014
A councillor asks a question about Merseytravel’s whistleblowing policy at a public meeting of its Audit and Governance SubCommittee 24th November 2014

Cllr Steve Foulkes (Vice-Chair of Merseytravel’s Audit and Governance Sub-Committee) now part of the Liverpool City Region Combined Authority sent his apologies to a public meeting to discuss Merseytravel’s whistleblowing policy and was not present.

Officers of Merseytravel were asking councillors for their comments on a draft whistleblowing policy which included such priceless paragraphs as:

“10.2 If you do take the matter outside Merseytravel, you should ensure that you do not disclose confidential information acquired during your employment unless it falls within the qualifying criteria for protected disclosures. Premature or inaccurate media exposure or adverse publicity may cause needless reputational damage, impede a proper investigation or cause unnecessary distress to individuals.”

I will translate those two sentences in the draft policy into what my interpretation of the intention behind it is and probably in much clearer English:

“10.2 If you rat on us to the press, not only will we [Merseytravel] start spinning to the press and refer to any damaging press report as “inaccurate”, we’ll go after you (despite what the Public Interest Disclosure Act 1998 c.23 states as we’re more bothered with our reputation and making sure that we control the flow of information about our organisation to both to the public and politicians.”

The references made during the public meeting itself to a hypothetical whistleblower as “Mickey Mouse” (whether made in jest or not) speaks volumes about cultural attitudes that still persist at Merseytravel.

However bearing in mind my unusually long declaration of interest made at the start of this piece, I had better not let how dysfunctional Merseytravel was in 2007 influence my reporting of it in 2014 as the Merseytravel politicians of 2014 are keen to put its somewhat chequered past behind it.

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Merseytravel’s (now part of the Liverpool City Region Combined Authority’s) Audit and Governance Subcommittee public meeting of the 24th November 2014

The whistleblowing item (item 7) starts at 31m 48s into the meeting and can be watched above. The report and draft policy can be read on Merseytravel’s website.

Councillor Fulham at the meeting asked, “Thanks Chair. Errm, I appreciate that on page 48 of the agenda and at 7.4 in the policy, errm it says that this part of the that I’m looking at, I’ve found somewhere I’m looking at says this policy applies even if after investigation, disclosure is found to be incorrect or unfounded and there are statutory protections which the policy acknowledges for people who errm make a protected disclosure, that’s found out too. Well at the end of the process is found out not to be errm founded but it might be a reasonably held disclosure.

But what worries me is on page 46, where it says policy statement, under errm in chapter 4 “we will investigate all genuine and reasonable concerns”, but the way I would approach things, you can’t make an assessment whether it’s genuine or reasonable until you’ve investigated it? So it kind of precludes the investigation. So errm, why is that there?”

Stephanie Donaldson, Merseytravel’s Head of Internal Audit answered “OK, you’re absolutely right in so far as how can you tell that anything’s genuine or legitimate until you investigate it, so realistically everything will be investigated to a point.

However if something was found to be errm you know complete nonsense for want of a better word then that investigation would cease. We wouldn’t pursue investigating something which is you know completely unfounded or false then, but you’re right that there is the legislation requires that as long as it’s in the public interest it should still be investigated and that’s what the changes to the policy would fly at.

I suppose the purpose of that one in the policy statement and I will take some advice through you Chair from legal, is that errm, that if we received a complete nonsense of an allegation and it’s clearly complete nonsense from Mickey Mouse for example that we would not investigate that, there are boundaries aren’t there?

Errm, but you’re absolutely right to say that in a majority of I think all cases, it would be you have to undertake an investigation in order to assess its legitimacy.”

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Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

                                  

Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 2nd October 2014 Council Chamber, Wallasey Town Hall (c) John Brace
Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 20th October 2014 Council Chamber, Wallasey Town Hall (c) John Brace

Below is the text of the amendment submitted on Monday evening to the minority report from Cllr Paul Hayes. It was not circulated to the public gallery, so myself and another went downstairs during the adjournment to get a copy.

Despite the Chief Executive’s assertion that it was a “private paper”, this will form part of the minutes of the public meeting on 22nd October 2014.

It is a shame committee services officers aren’t instructed to circulate copies to the public gallery too during the adjournment. However this would cost Wirral Council the extra labour costs of sending someone up the stairs and the extra photocopying costs of a further ten or so sheets of paper, so I am happy in these straightened financial times to decrease the labour costs of Wirral Council!

So this Lib Dem amendment gets a wider audience (and I got told off a bit by the Chief Executive on my way out of the Council Chamber for being in the Council Chamber as he made some point about “private papers” and a “private meeting” that to be honest I didn’t understand at the time as we were both tired), it is below. I’ve linked from it to the documents referred to in it. It’s also interesting to hear the Mayor’s comments on an attempt to make councillors vote on an amendment they hadn’t received a copy of yet!

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The item on Lyndale School starts at the 3 minute 40 second mark, lasts for a further six minutes then the meeting is adjourned.

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This is after the meeting resumed after the adjournment and continues below at the next clip.

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The item on Lyndale School is for about two minutes at the start.

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COUNCIL 20 OCTOBER 2014

Proposed: Cllr Phil Gilchrist
Seconded: Cllr Dave Mitchell

Amendment to the Minority Report from Cllr Paul Hayes

It be noted that the SEN Improvement Test as set out on Page 87 as Appendix 3 in the Consultant’s Report did not fully set out paragraph 40 as set out in the Guidance Document, namely that:

“….Decision-makers should make clear how they are satisfied that this SEN improvement test has been met, including how they have taken account of parental or independent representations which question the proposer’s assessment”.

…was not included and that, therefore, the matter should be referred back to Cabinet so that they can fully set out how they have undertaken this assessment in the light of the guidance.

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Of course, the question is therefore, did Wirral Council’s Cabinet (and Coordinating Committee) actually have to consider the guidance before reaching a decision? It would seem from the legislation they do have to have regard to it. For the purposes of clarity LEA stands for Local Education Authority:

Section 72 of the Education and Inspections Act 2006 c.40 states the following:

“72. Duty of LEA to have regard to guidance

A local education authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.”

Note the use of the word must, the decision makers must have regard to any guidance (which was issued on the 28th January 2014). It’s not optional to do so. The current guidance introduced in January 2014 is in four parts (and hasn’t been included in the papers for the meetings so far in full):

School organisation (maintained schools) (23 pages) issued 28/1/14

School organisation: annex A (16 pages) issued 28/1/14

School organisation: annex B (23 pages) issued 28/1/14

School organisation: annex C (14 pages) issued 28/1/14

In other words, when making the decisions on 5th February 2014, 25th February 2014, 27th February 2014, 4th September 2014, 2nd October 2014 and 20th October 2014 can those over sixty councillors all prove they had regard to the guidance when the seventy-six pages of government guidance wasn’t included in the papers for those meetings?

Not even four weblinks were included, so they could read it in their own time was included.

The guidance that was quoted, wasn’t for the right time period and after new guidance was issued on the 28th January 2014, Wirral Council just kept using the old version as the first Cabinet meeting to discuss Lyndale School was held on the 16th January 2014.

Why don’t people bother to check these things at Wirral Council before including them in meeting papers? Should the Labour councillors accept some responsibility for not asking officers whether required guidance was not included with the papers or do Labour councillors assume that Wirral Council officers don’t make any mistakes (unlike the rest of us)?

During the adjournment I happened to pass Julia Hassall (Wirral Council’s Director of Children’s Serivces) leaving the Council Chamber and she didn’t look very happy by this development. However it’s been known for some time (although apparently Wirral Council officers and politicians are the last to know it seems).

It’s just one of many unresolved anomalies about how the decisions surrounding Lyndale School have not been made as they should have done.

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