Expense claim forms for Councillor Stuart Kelly (Wirral Council) 2013 to 2014

Expense claim forms for Councillor Stuart Kelly (Wirral Council) 2013 to 2014

Expense claim forms for Councillor Stuart Kelly (Wirral Council) 2013 to 2014

                                                       

Councillor Stuart Kelly is a Liberal Democrat councillor for Oxton ward. He is also their spokesperson on the Audit and Risk Management Committee (which at the time of writing) will be meeting tomorrow evening to sign off on Wirral Council’s accounts for 2013-14 (which include his own expenses claims) totalling hundreds of millions of pounds.

So, having received specialised audit training and being the spokesperson for audit on Wirral Council for his party do all his expense claims add up? No he claimed too much by £0.40p for travelling to a meeting in Birkenhead as 3 * 40p does not equal £1.60. How embarrassing for Councillor Stuart Kelly (but thankfully this risk of overpayments was noticed before it was paid)? However we all make mistakes.

On the plus side he is one of the few councillors that type their expenses claims, which as some councillors have handwriting that is very difficult to decipher helps a lot with comprehension. Councillor Stuart Kelly’s claim forms are below.

Cllr Stuart Kelly expenses claim 2013 2014 page 1
Cllr Stuart Kelly expenses claim 2013 2014 page 1
Cllr Stuart Kelly expenses claim 2013 2014 page 2
Cllr Stuart Kelly expenses claim 2013 2014 page 2
Cllr Stuart Kelly expenses claim 2013 2014 page 3
Cllr Stuart Kelly expenses claim 2013 2014 page 3
Cllr Stuart Kelly expenses claim 2013 2014 page 4
Cllr Stuart Kelly expenses claim 2013 2014 page 4
Cllr Stuart Kelly expenses claim 2013 2014 page 5
Cllr Stuart Kelly expenses claim 2013 2014 page 5
Cllr Stuart Kelly expenses claim 2013 2014 page 6
Cllr Stuart Kelly expenses claim 2013 2014 page 6
Cllr Stuart Kelly expenses claim 2013 2014 page 7
Cllr Stuart Kelly expenses claim 2013 2014 page 7
Cllr Stuart Kelly expenses claim 2013 2014 page 8
Cllr Stuart Kelly expenses claim 2013 2014 page 8

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4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

                          

Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013
Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013

Liberal Democrat councillors have gathered four of the six signatures needed to “call in” Councillor Adrian Jones’ decision to agree to a £20,000 lease of office space at Birkenhead Fire Station for the Birkenhead Constituency Committee. Birkenhead Fire Station is leased to Merseyside Fire and Rescue Service for the next thirty years. This is because it was built by a private developer under a private finance initiative scheme. Merseyside Fire and Rescue Service have told Wirral Council that the private developer will need £10,000 a year (over the two years of the lease) if Wirral Council were to lease office space in it. If the lease was agreed it would see Wirral Council being responsible for any costs and utilities of the office space on a pro-rata basis.

The four Lib Dem councillors are worried that “no other options have been considered” and express a view that there is available office space in Council owned buildings nearby. The Lib Dem councillors also ask for the criteria for choosing the location and whether it was just office space required or whether there was a requirement for public access too.

Should the Lib Dem councillors gather the six signatures required for a call in by the call in deadline on the 17th June, the decision will be looked at again by a special meeting of the Coordinating Committee. Since its former Chair Councillor Stuart Whittingham became Cabinet Member for Highways and Transport, this committee is now chaired by recently re elected Councillor Moira McLaughlin. As the Coordinating Committee has a majority of Labour councillors on it, even if the Lib Dem councillors get the necessary support for a call-in, Councillor Adrian “Father Christmas” Jones is likely to have the last “ho, ho, ho” on the matter.

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2 different opinions on what regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 means

2 different opinions on what regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 means

2 different opinions on what regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 means

                           

This is going to be a rather long and detailed piece about whether Wirral Council’s eviction notice for Fernbank Farm was valid (or in other words lawful). It is something that Wirral Council and I have a difference of opinion on. I have numbered these paragraphs for ease of reference in any comments people might wish to make.

1. On the 8th August 2012, Wirral Council started a case in the Birkenhead County Court requested a possession order for the land known as Fernbank Farm at Sandbrook Lane, Moreton. The defendants were two trustees of the Upton Park Pony Owners Association and are called Mrs Kane and a Mrs Woodley.

2. The statement of truth to Wirral Council’s claim and particulars of claim was signed on the 5th August 2013 by Surjit Tour.

3. Attached to Wirral Council’s claim form were particulars of claim and a map detailing the land the matter was in relation to, which was 10.12 acres. The particulars of claim outlined the history between Wirral Council and the defendants. The history was that Wirral Council had entered into a lease of the land with the two defendants on the 29th July 2008. This fixed term lease expired on July 2011 and became a monthly periodic tenancy. Rent was paid by the defendants of £4,200 a year payable by equal monthly instalments.

4. On the 13th July 2012, Wirral Council served a notice on the two tenants. The notice served on each tenant were identical and were both of the form which is form one in Schedule 2 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004. This form is headed “LANDLORD’S NOTICE ENDING A BUSINESS TENANCY WITH PROPOSALS FOR A NEW ONE”.

5. Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 state “The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.” The prescribed purpose for the form that Wirral Council used is stated as “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).” “Act” refers to the Landlord and Tenant Act 1954.

6. According to the notice, if a new tenancy was not agreed between Wirral Council and the defendants before 31st May 2013, then the defendants had the right to apply to the court to order the grant of a new tenancy. If no agreement was reached and no application made then the tenancy would end on the 31st May 2013 (unless Wirral Council agreed to extend the deadline).

7. The form itself which contains the words (attach or insert proposed terms of the new tenancy) was accompanied with Wirral Council’s proposals for a new tenancy. Wirral Council’s offer was to increase the rent to £4,500 and charge £500 for legal fees.

8. Before the deadline of 31st May 2013, Mrs Kane wrote to Wirral Council agreeing different terms to that which were proposed. She agreed to no increase in the rent (£4,200 instead of £4,500) and for a waiver of legal fees for reasons outlined in her letter. Wirral Council did not agree her proposed terms.

9. On the 27th September 2012, Wirral Council’s Cabinet (comprising of ten Labour councillors) discussed an item called “Local Development Framework – Core Strategy – Publication of Proposed Submission Draft”. The minutes reflect the following concern about one of the recommendations expressed by a Councillor Pat Hackett “Councillor Pat Hackett raised concerns that planning policy was being revoked which could have implications on greenbelt land. He asked Officers to take all necessary steps to try to ensure that the greenbelt was not eroded.”

Despite Councillor Pat Hackett’s concerns, the Cabinet agreed the following recommendation (which was recommendation four out of nine agreed): “recommends to the Council that the Interim Planning Policy be revoked, to allow decisions to be determined in accordance with the Unitary Development Plan, the Regional Spatial Strategy (until it is revoked) and the National Planning Policy Framework and to allow sites within the previously restricted areas to contribute towards the ongoing housing land supply;”.

10. A meeting of all of Wirral Council councillors (except three who had sent their apologies) met on the 15th October 2012 to consider the Cabinet’s recommendation. An objection to the Cabinet minute (Local Development Framework for Wirral – Core Strategy – Publication of Proposed Submission Draft) had been received. This objection was proposed by Councillor Stuart Kelly and seconded by Councillor Dave Mitchell. This objection (if passed) would’ve deleted recommendation 4 and replaced it with a new recommendation 4: “(4) Council, therefore, requires that the LDF policies retain the principles and policies currently outlined within the current interim planning policy for new housing development for the purposes of development control and regeneration.”. The matter was not debated and there was a vote on the objection. Twenty-six councillors voted in favour of the objection and thirty-six councillors against (with the Mayor abstaining). The voting was split along party political lines. The twenty-six councillors who voted in favour of the objection were the Liberal Democrat and Conservative councillors (apart from the Mayor who abstained). The thirty-six councillors who voted against the objection were Labour councillors. The objection was therefore lost and in mid-October 2012 Wirral Council’s planning policy changed.

11. Wirral Council’s position, which in July 2012 had been stated in the eviction notice unequivocally as “I am not opposed to granting you a new tenancy” to “I am opposed to granting you a new tenancy”. Mr Dickenson told those at the fast track trial that answered that he had been told not to engage in discussions with the tenants between November 2012 and May 2013.

12. Wirral Council’s change of position was not communicated to the tenants. If the landlord is opposed to the granting of a new tenancy then the regulations require that a different form (form 2) should be used which has very different wording to form 1. Wirral Council could have (in either October or November 2012) sent the tenants a new eviction notice and explained to the tenants that their position had changed. However they did not, leading the tenants to believe that Wirral Council still wanted to renew the tenancy. When questioned Wirral Council maintain that there is no legal mechanism to withdraw their earlier eviction notice.

13. Wirral Council asserted in their particulars of claim that as a result of the eviction notice that the “tenancy had been terminated in accordance with the law and the Claimant is therefore entitled to possession”.

14. There are a number of questions that arise however. If Wirral Council genuinely were not opposed to granting a new tenancy, why was a new tenancy not agreed between Wirral Council and the defendants between July and October of 2012? Does Wirral Council’s later change of heart in October 2012 render the earlier eviction notice of July 2012 invalid as they did not send out another?

15. Various court cases have determined the questions that need to be asked to determine whether eviction notices are valid or invalid. In a decision of the United Kingdom Upper Tribunal (Lands Chamber) [2012] UKUT 20 (LC) paragraph 42 of the judgement of George Bartlett QC, President stated:

Mr Barnes submitted that, save in a few exceptional circumstances, a failure to comply with a procedural requirement in relation to something such as the content of a notice will not invalidate the notice if either (a) the non-compliance is insubstantial so that there has been substantial compliance with the requirement or (b) the non-compliance has been waived or (c) the non-compliance does not result in any significant detriment to the other party. He relied for this submission on R v. Home Secretary, ex p Jeyeanthan [2000] 1 WLR 354. Mr Baatz said that Jeyeanthan did not provide the right test, because it was concerned with a failure to comply with a statutory procedural requirement and not, as here, a failure going to jurisdiction. The correct approach in relation to statutory notices in respect of property was that set out by the Court of Appeal in the later decision of Burman v Mount Cook Land Ltd [2002] 1 EGLR 61. This simply required asking two questions: what does the statute require? and does the notice fulfil those requirements?

16. Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 states “The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.”

Schedule 1 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 states in relation to form one that Wirral Council used that the purpose for which it is to be used is “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).”

17. The date the eviction notice was sent was 13th July 2012. The date the eviction notice stated that the tenancy would end was 31st May 2013. If the serving of the eviction notice ended the tenancy on the 31st May 2013 and its purpose is defined in statute as “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).” surely on the date the eviction notice ends the tenancy (31st May 2013) then the landlord has to not be opposed to the grant of a new tenancy on the date the tenancy ends?

18. If the regulations stated that the purpose of the eviction notice was “Ending a tenancy to which Part 2 of the Act applies, where the landlord was not opposed to the grant of a new tenancy (notice under section 25 of the Act).” then I would agree with Wirral Council’s position that the eviction notice brought the tenancy to an end. However Wirral Council’s position on the 31st May 2012 was that it was opposed to the grant of a new tenancy.

19. Therefore does this render the eviction notice invalid and therefore it did not end the tenancy on the 31st May 2013? If so then the monthly periodic tenancy is still in effect and the tenants are also in lawful occupation of the land.

20. The result of the fast track trial was that Wirral Council has a possession order awarded in February 2014 which will come into effect in February 2015. Therefore this needs to be cleared up before then.

I’d be interested to hear other people’s opinion on this matter. Please point out if I’ve made some error or mistake. The above is just my opinion. As detailed here I did ask Surjit Tour to produce a report on this matter. His position is that when the eviction notice was served, Wirral Council weren’t opposed to granting the tenancy. However Wirral Council’s position later changed (before the date for ending the tenancy stated in the eviction notice). Therefore he views the eviction notice as lawfully ending the tenancy and valid. He therefore does not see this as a matter, that he as Monitoring Officer has a legal duty to write a report on for councillors.

Personally, I think it’s a matter that reasonable people can take a completely opposite viewpoint on. Sadly the wording, meaning and interpretation of the regulations of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 weren’t brought up (apart from the Judge asking Wirral Council to provide a copy of the prescribed form) during the fast track trial.

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Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

                                    

Following Friday’s blog post Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop, there have been some reactions to what happened.

Councillor Stuart Kelly writes:

Indeed they have Councillor Kelly. As long ago as February 2011, the Parliamentary Under Secretary of State Bob O’Neill MP wrote to all Council Leaders and Monitoring Officers. He states in his letter “It is essential to a healthy democracy that citizens everywhere are able to feel that their council welcomes them to observe local decision-making and through modern media tools keep others informed as to what their council is doing.” and “the mainstream media also needs to be free to provide stronger local accountability by being able to film and record in meetings without obstruction”. He goes on to write “I want to encourage all councils to take a welcoming approach to those who want to bring local news stories to a wide audience. The public should rightly expect that elected representatives who have put themselves up for public office be prepared for their decisions to be as transparent as possible and welcome a direct line of communication to their electorate.”

In the same letter, the Information Commissioner’s Office stated “In the context of photographing or filming meetings, whilst genuine concerns about being filmed should not be dismissed, the nature of the activity being filmed – elected representatives acting in the public sphere – should weigh heavily against personal objections.” Yet at Wirral Council this advice last Friday was not followed!

Former councillor Ian Lewis states on his new blog “We know most councillors have faces made for radio but their bizarre behaviour at this meeting, over a licensing application in Moreton, sets a new (low) standard”.

So why is Councillor Steve Niblock from the Chair making a unilateral decision about filming on behalf of the three person Licensing Act 2003 subcommittee? Regulation 25 referred to by Ken Abraham states “authority” (which is defined in Regulation 2 as meaning the whole subcommittee) expressing an opinion on disruption, not the Chair unilaterally expressing his opinion and expecting Regulation 25 to apply.

After the public were excluded from the Licensing Act 2003 subcommittee meeting on Friday, I had a talk with the legal adviser to the committee Ken Abraham about my concerns about it and that the public hadn’t been excluded properly from the meeting. This was a conversation in a corridor at the Town Hall in front of my wife, so I don’t think there can be any expectation of privacy!

KEN ABRAHAM (legal adviser to the Licensing Act 2003 subcommittee)
Can I speak to you after?

JOHN BRACE
I’ve had a chance to have a chat to the objector what it was about and he doesn’t have any objections to me filming. Will there be any problems with me filming the decision?

KEN ABRAHAM
Well it would be useful to find out why you’re filming.

JOHN BRACE
OK.

KEN ABRAHAM
because this is obviously you know, it’s a public Council meeting as in a public Council meeting, this is a what’s known as a public hearing, but there are people who attend who are obviously not aware that they’re going to be filmed so and…

JOHN BRACE
My point about filming, I’ll answer your question about why and then talk a bit about filming. The reason why is because there are people that can’t make it to these meetings, whether they’re at work during the day or

KEN ABRAHAM
People can have a look at the minutes.

JOHN BRACE
Yes, but the minutes aren’t published immediately.

KEN ABRAHAM
but then you could edit the filming.

JOHN BRACE
Err, clearly I could but I don’t. Anyway,

KEN ABRAHAM
The issue is that when you were asked to stop filming the other week, you still continued filming.

JOHN BRACE
No, sorry the other week when I was asked to stop filming I did and then we went out and came back in and it wasn’t clear then as to whether that carried on or not.

KEN ABRAHAM
The stopping filming?

JOHN BRACE
Yeah, because if you remember the other week, the meeting started, they were asked the question about objecting to filming. One person said yes, then we were all asked to go out, then we all came back in again and it wasn’t clear as you’ve said it’s not clear when we came back in again.

To be honest I did say things there but he [Councillor Steve Niblock] didn’t want me to speak anyway, so it’s hardly a valid reason.

KEN ABRAHAM
Well it’s not a public meeting, (at this point I link to Regulation 14 (which states it’s to take place in public), link to 100A and 100E of the Local Government Act 1972 which state otherwise to Ken’s assertion that it isn’t a public meeting. In fact earlier in the conversation he stated it was a public meeting.)

KEN ABRAHAM
and you’re not a representative or the, I I I if you want to talk in more detail I can.

JOHN BRACE
I do want to

KEN ABRAHAM
but I just need to, we’re still in the hearing,

JOHN BRACE
I just want to speak to you in more detail.

KEN ABRAHAM
Maybe if we do that after?

JOHN BRACE
The other very brief point I want to make, the first thing is any decision that a public authority makes has, due to the Human Rights Act 1998 to be compatible with the Convention on Human Rights so one of those rights is regarding freedom of expression and regarding the Article 10 right to freedom of expression there has to be a specific power the Council has in law to stop filming and it has to be for one or more of

KEN ABRAHAM
Yes, I hear you. You’re quoting the law, I know the law. We have rights under the regulations too, which empower them to stop a hearing proceeding if there is an issue about disrupting the meeting and the Chair took the view at that time that because it was clearly indicated that he didn’t want filming that he could have asked you to leave the room but he didn’t. As a filming condition to remain, to put the camera off.

JOHN BRACE
Yes, which I did.

KEN ABRAHAM
The licensing regulations are very clear and specific on that point.

JOHN BRACE
Unfortunately the licensing regulations don’t say anything about filming as such.

KEN ABRAHAM
but it talks about, it talks about the, this is why I can’t have a, I can have a discussion but not

JOHN BRACE
The other thing I wanted to say, let me say something. When the public were sent out,

KEN ABRAHAM
Yes.

JOHN BRACE
The law regarding public exclusion, I’m talking about the Local Government Act 1972, states there has to be a resolution and under the terms of [Wirral Council’s] constitution a resolution has to be proposed, seconded and voted on. That didn’t happen.

KEN ABRAHAM
This is a licensing hearing under the hearing regulations,

JOHN BRACE
Yes, but even in the regulations, the licensing regulations, it says they have to consider the public interest in favour of the public [staying] against excluding the public and they didn’t have a discussion about that.

KEN ABRAHAM
There was, there was representations by the Chair, by the individuals attending the meeting and those representations were taken on board. I’ve got to go off.

JOHN BRACE
but you understand my point about the filming issue and the point about the..

KEN ABRAHAM
Well people are entitled to object to that,

JOHN BRACE
and I pointed out I wasn’t filming that side

KEN ABRAHAM
It doesn’t matter, you’re still taking, you’re recording what individuals were saying

JOHN BRACE
Yes.

KEN ABRAHAM
and people can object to that if they’re members of the public.

JOHN BRACE
To be honest, I could just write it down

KEN ABRAHAM
exactly

JOHN BRACE
and type it up

KEN ABRAHAM
exactly, exactly. You could write it up, but at least you know, you know and that’s something that if you’re going to attend regularly, you know, the public needs to be and if it causes disruption at the hearing then we’re quite entitled to say, oh

JOHN BRACE
and can I say there’s also the Openness of Local Government Bodies Regulations which are going through Parliament and come into effect in a few weeks time.

KEN ABRAHAM
We’re not talking about councillors, we’re talking about members of the public.

JOHN BRACE
but we’re talking about public meetings here, not a public meeting of the full Council. In a few weeks time those regulations will come into effect and they actually prevent the Council from preventing filming at public meetings. They’re in draft form at the moment if you want to look at them.

KEN ABRAHAM
Yeah, well you don’t have to tell me word for word. The regulations are clear on the issue. It gives the Members the leeway to stop if there is a meeting that’s being filmed and the meeting could be disrupted or the hearing could be disrupted, they are entitled to take a view.

JOHN BRACE
Could you show me a copy of the particular regulation or ..

KEN ABRAHAM
Regulation 25,

JOHN BRACE
Regulation 25

KEN ABRAHAM
Licensing [Act 2003] Hearing Regulations [2005], alright and you can actually read the rule, end of story.

JOHN BRACE
OK, but it’s also a public meeting and we have a statutory right to be there.

KEN ABRAHAM
and you have the statutory right to be excluded.

JOHN BRACE
and the thing is right, if I was excluded and asked to leave, I could leave the camera running and leave.

KEN ABRAHAM
No, no, they have the right to exclude you, but the issue has if you’re going to attend these hearings, then members of the public must be aware of that, because they are not aware that you’re doing their filming and we don’t know what’s going to be done when it’s put on the website.

JOHN BRACE
And in fact if I’d answered the question about what the purpose of the filming, but the Chair wouldn’t let me answer it. When I explained it to him he said he had no objection.

KEN ABRAHAM
I said we’d have a discussion, that’s it. We’re not allowing you to have a discussion during

JOHN BRACE
But we’re having one!

KEN ABRAHAM
We’re not having one. Are you aware of the purpose of this discussion? You’re shouting at me!

JOHN BRACE
I’m not!

KEN ABRAHAM
The view that I’m going to take with you isn’t going to change. They tried to make a view on the hearing regulations and you know the people are members of the public and are going to object for whatever reason errm, Members are entitled under the regulations to take a view.

JOHN BRACE
Well actually we disagree on that.

KEN ABRAHAM
Well we’ll agree to disagree then.

Finally I include an email of Surjit Tour sent to me last year.

from: Tour, Surjit
to: john.brace@gmail.com
cc: stephengerrard@wirral.gov.uk
date: 2 April 2013 16:08
subject: RE: filming of public meetings
mailed-by: wirral.gov.uk

Dear Mr Brace

I am on annual leave until 15 April. I am somewhat surprised by your email and letter given that I have asked you a number of times to meet me to discuss this issue.

Furthermore, there no ban on filming as you and another have been filming a number of committee meetings.

I would suggest that no proceedings are issued until I have had the opportunity to respond. I therefore request an extension of time to 30 April.

I await your response.

Please can you also include Stephen Gerrard in any further response.

Yours sincerely

Surjit Tour

Sent from my HTC Touch Pro 2 on Vodafone

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are addressed. If you have received this email in error please notify
the system manager.

This footnote also confirms that this email message has been swept by
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www.clearswift.com
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So it seems two of Wirral Council’s legal team have different views on the filming issue.

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Wirral Schools Forum hears of U-turn on schools funding school crossing patrols

Wirral Schools Forum hears of U-turn on schools funding school crossing patrols

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Wirral Schools Forum meeting of 30th April 2014 in the Council Chamber at Wallasey Town Hall

Wirral Schools Forum hears of U-turn on schools funding school crossing patrols

                            

Andrew Roberts talks at the Wirral Schools Forum meeting of 30th April 2014 about school crossing patrol funding
Andrew Roberts talks at the Wirral Schools Forum meeting of 30th April 2014 about school crossing patrol funding

The Chair of the Wirral Schools Forum Richard Longster said that there were a couple of matters arising, the first being school crossing patrols.

Andrew Roberts (Senior Manager – School Funding and Resources) said, “The delivery of the saving of the school crossing patrols savings option was withdrawn at Council but the rest is part of the budget for 2014-15.”

However this was what was in the Schools Budget report when it was agreed at Budget Council on the 25th February 2014:

“There are a number of budget savings options for 2014-15 arising from working in partnership with schools. These have been progressed in discussions with schools and as part of this budget as follows:

School Crossing Patrols £415,000
This option has been discussed with Headteacher groups with a view to it being funded by schools from their delegated budgets. The crossings would continue to be managed and staffed by Streetscene, but schools individually would meet the costs of the service.”

and it was also in the Labour budget resolution that was agreed:

Schools Crossing Patrols

Cabinet believes the safety of children is paramount. In December Cabinet agreed to ask schools to take over the funding of school crossing patrols. Given the concerns expressed by a minority of schools, officers are instructed to continue discussions with schools with a guarantee that no funding is removed where agreement cannot be reached.”

So I wonder why an officer now states the savings option for school crossing patrols has been “withdrawn”?

In January the Chief Executive stated he had received legal advice that schools funding school crossing patrols was legal but Councillor Stuart Kelly disagreed giving Regulation 7 of the The School and Early Years Finance (England) Regulations 2013 as the reason why it wasn’t lawful for school crossing patrols to be funded from the schools budget.

So what happened behind the scenes over school crossing patrols to force such a U-turn? Did the headteachers refuse to fund it from their school’s budgets? Did Wirral Council’s legal department change their advice? Or did something else happen?

The Chair referred to the other matter arising relating to the minimum funding guarantee application to the Education Funding Agency to be exempt from the minimum funding guarantee.

Andrew Roberts replied, “OK, this is just to update the application for the LEA’s exemption was withdrawn to the EFA after the meeting on the 27th.”

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