£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

                                                        

Below is the invoice received for the services of a barrister called Miss Sarah O’Brien of Exchange Chambers to Wirral Council to do with the possession order for Fernbank Farm which was heard at the Birkenhead County Court earlier this year. I requested this as part of the 2013/14 audit.

I have added annotations in green which represent information that Wirral Council either incorrectly blacked out, or should’ve blacked out or information which was blacked out but is known to me from court reporting on the issue.

Detail of redactions 1: “Professional Fees of:”
Reason incorrect: Sarah O’Brien is not an employee of Wirral Council.
Unredacted text: Sarah O’Brien

Details of redaction 2: DX 708630
Reason incorrect: partial redaction as it was meant to redact next line, DX 708630 refers to Wirral Council’s document exchange number.
Unredacted text: DX 708630

Details of redaction 3: Mr Ali Bayatti
Reason correct: Redaction correct as person is Wirral Council employee, however due to earlier court hearing name of solicitor is known. Unredacted to aid in transparency as name said during open court hearing in Birkenhead County Court (2013). Also important to know which solicitor is instructing the barrister.
Unredacted text: Mr Ali Bayatti

Details of redaction 4: AB / H19 / 25650
Reason correct/incorrect: Redaction partially correct as AB refers to Ali Bayatti. However redaction done incompetently by drawing a line in pen through after the other redactions were added as an afterthought by an accountant.
Unredacted text: AB/ H19 / 25650

Details of redaction 5: METROPOLITAN BOROUGH OF WIRRAL – V – CAROL KANE & EILEEN WOODLEY
Reason incorrect: refers to parties’ names in court case.
Unredacted text: METROPOLITAN BOROUGH OF WIRRAL – V – CAROL KANE & EILEEN WOODLEY

Details of redaction 6: “Name/info”
Reason incorrect: refers to parties’ names in court case. Unredacted KANE. Rest is unknown.
Unredacted text: KANE

Details of redaction 7: “Init” (three handwritten initials)
Reason correct: Refers to initials of Wirral Council officer.
Unredacted text:

Details of redaction 8: “Certified Correct for payment” (signature)
Reason correct: signature of Wirral Council officer.
Unredacted text:

Details of redaction 9: “To Miss Sarah O’Brien”
Reason incorrect: refers to barrister of Exchange Chambers not Wirral Council officer.
Unredacted text: To Miss Sarah O’Brien

Details of redaction 10: “Sarah Rotheram”
Reason incorrect: Does not refer to Wirral Council employee.
Unredacted text: Sarah Rotherham

Original document is below, followed by the same document with my annotations in green (although it is possible Wirral Council’s legal department have gone too far with the black pen in places).

There is a related Freedom of Information Act request to this of Ian Lewis on the Whatdotheyknow website “Use of barrister in Wirral Borough Council v. Kane and Woodley” which provides a little more detail.

redacted invoice Fernbank Farm court case Carol Kane Eileen Woodley Metropolitan Borough of Wirral
redacted invoice Fernbank Farm court case Carol Kane Eileen Woodley Metropolitan Borough of Wirral
unredacted invoice Carol Kane Eilieen Woodley Metropolitan Borough of Wirral Birkenhead County Court invoice £1800
unredacted invoice Carol Kane Eilieen Woodley Metropolitan Borough of Wirral Birkenhead County Court invoice £1800

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Expense claim forms for Councillor Brian Kenny (Wirral Council) 2013 to 2014

Expense claim forms for Councillor Brian Kenny (Wirral Council) 2013 to 2014

Expense claim forms for Councillor Brian Kenny (Wirral Council) 2013 to 2014

                               

Writing this, I had better declare that many years ago in Liverpool Councillor Brian Kenny gave us both a gift of a red plastic post box in I think in 2010 (it’s only a few inches high) as part of the lobbying that the Communication Workers Union were doing at the time of people like myself and Leonora. Although this falls into the trivial category, journalism ethics means I’d better state that at the start as I don’t want people thinking I’m being too kind or not objective enough to former Councillor Brian Kenny because of something he gave us four years ago. I will point out that gift was completely unconnected to my work as a journalist. However this is probably more openness and accountability than you will get from most politicians (who were recently told at a Planning Committee meeting about Tranmere Rovers that they only had to declare gifts received in the last twelve months)!

When I picked up the expenses claim forms to scan in for former Councillor Brian Kenny, at first I thought I must have picked up a batch which was for more than one councillor as compared to other councillors there seemed a lot of it. I know he was the Cabinet Member for the Environment, but his expenses claim forms go on and on and on and on and on like the waves crashing against the shore on the Wirral coastline.

As probably readers of this blog are already aware, former Councillor Brian Kenny lost his seat in Birkenhead and Tranmere in the May 2014 elections to the Green Party’s Councillor Pat Cleary.

I have only seen Brian Kenny twice since the elections. Once was at the meeting where Councillor Steve Foulkes became Mayor of Wirral in June, the other time was when I was at the Birkenhead County Court offices when I was requesting copies of court records on Wirral Council’s possession order (granted in February 2014 effective from February 2015) for Fernbank Farm. Before I start getting diverted into interesting anecdotes about a former councillor I had better show you first the expenses forms.

Cllr Brian Kenny expenses claim 2013 2014 page 1
Cllr Brian Kenny expenses claim 2013 2014 page 1
Cllr Brian Kenny expenses claim 2013 2014 page 2
Cllr Brian Kenny expenses claim 2013 2014 page 2
Cllr Brian Kenny expenses claim 2013 2014 page 3
Cllr Brian Kenny expenses claim 2013 2014 page 3
Cllr Brian Kenny expenses claim 2013 2014 page 4
Cllr Brian Kenny expenses claim 2013 2014 page 4
Cllr Brian Kenny expenses claim 2013 2014 page 5
Cllr Brian Kenny expenses claim 2013 2014 page 5
Cllr Brian Kenny expenses claim 2013 2014 page 6
Cllr Brian Kenny expenses claim 2013 2014 page 6
Cllr Brian Kenny expenses claim 2013 2014 page 7
Cllr Brian Kenny expenses claim 2013 2014 page 7
Cllr Brian Kenny expenses claim 2013 2014 page 8
Cllr Brian Kenny expenses claim 2013 2014 page 8
Cllr Brian Kenny expenses claim 2013 2014 page 9
Cllr Brian Kenny expenses claim 2013 2014 page 9
Cllr Brian Kenny expenses claim 2013 2014 page 10
Cllr Brian Kenny expenses claim 2013 2014 page 10
Cllr Brian Kenny expenses claim 2013 2014 page 11
Cllr Brian Kenny expenses claim 2013 2014 page 11
Cllr Brian Kenny expenses claim 2013 2014 page 12
Cllr Brian Kenny expenses claim 2013 2014 page 12
Cllr Brian Kenny expenses claim 2013 2014 page 13
Cllr Brian Kenny expenses claim 2013 2014 page 13
Cllr Brian Kenny expenses claim 2013 2014 page 14
Cllr Brian Kenny expenses claim 2013 2014 page 14
Cllr Brian Kenny expenses claim 2013 2014 page 15
Cllr Brian Kenny expenses claim 2013 2014 page 15
Cllr Brian Kenny expenses claim 2013 2014 page 16
Cllr Brian Kenny expenses claim 2013 2014 page 16
Cllr Brian Kenny expenses claim 2013 2014 page 17
Cllr Brian Kenny expenses claim 2013 2014 page 17
Cllr Brian Kenny expenses claim 2013 2014 page 18
Cllr Brian Kenny expenses claim 2013 2014 page 18
Cllr Brian Kenny expenses claim 2013 2014 page 19
Cllr Brian Kenny expenses claim 2013 2014 page 19

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A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

                                     

John Wayne as the sheriff in Rio Bravo
John Wayne as the sheriff in Rio Bravo

The following is a work of satire.

Deep in the dusty, hot West was a town called Wirral. This tale is about a land grab, a common theme in these parts as some townsfolk had let greed enter into their hearts.

Outside of town were about ten acres of farmland known as Fernbank Farm where all day the pony club offered rides to the local children. Everyone had fun there and the pony club had been there for as long as people could remember and paid rent for the use of the land to their landlord. Everybody was happy.

Little did the pony club know then, but their landlord wanted them off that land. At first they thought everything was going as it had in years gone by as their landlord even sent them a new lease to sign, which they returned back thinking everything would be just as it was in the past.

However they didn’t know that the local politicians had had a meeting and at this meeting they had changed the rules so a hundred houses could be built on the land. This was deliberately kept a secret from the pony club on the instructions of Tony Simpson.

Once a deadline had been passed and a new lease had deliberately not been agreed (while telling the pony club they would happily agree to a new lease), the landlord went to Surjit “the Sheriff” Tour, who worked for the landlord to ask him what to do. He told them that he couldn’t turf the pony club off their land yet and in order to evict them he’d first need a judge to agree to it.

The pony club were surprised by this move and got Kirwan (a lawman and former politician to help them), he did his best but the pony club soon ran out of gold coins to pay him and asked for help from Lewis instead.

The pony club’s day in court came and in the judge’s chambers in the town’s courthouse a Judge explained to all (including two curious journalists from the local reservation) that it would have to go to a proper trial where everyone would have their say. Reluctantly the landlord agreed to this.

The day of the trial came and another Judge was in charge. The landlord had hired expensive help from far, far away. The Judge said he was very sorry, but that he had no choice but to sign a possession order to turf the pony club off the landlord’s land. His hands were tied, he felt he had no choice but was very apologetic. If their landlord hadn’t been so underhand he said, he would have granted the pony club a new lease, but now unfortunately his hands were tied.

Once again the two curious journalists from the local reservation were there including a large number of the townsfolk who wanted the pony club to stay. The journalists wrote down what happened, told the local people and a story about the trial appeared in the town’s newspaper.

The husband of one of those put on trial felt the whole thing was unfair and complained. The landlord read his complaint but (surprise, surprise) said he didn’t agree. One of the two curious journalists from the local reservation even asked a question at a meeting of the politicians (it took a month for the politician to answer).

The landlord wasn’t entirely happy with these two going off the reservation at all, as well, these two were known to have caused trouble in the past but they also knew the townsfolk would really start kicking up a fuss if a large number of braves on horseback rode into the town because of how badly it had been handled. You see those on the reservation quite liked horses and didn’t like as it tended to be translated “white man speak with forked tongue”.

It wasn’t the done thing anymore for the landlord to label people (even those from the reservation) they saw as troublemakers as “crazy”. They’d done just that and ending up having to pay many, many, many (and probably a few more) gold coins to a Mr. Morton (a former employee) after he’d raised a big stink about their past skullduggery and a large amount of gold coins that the landlord had stolen accidentally removed in one of their “mistakes” and had said that they wouldn’t pay back (later changing their mind).

So what was the landlord to do? They asked a stranger from far away to come into town. The stranger did come into town, he talked with the pony club and he talked with the landlord.

Not quite understanding the rules of the game* Mr Aspin (the stranger) was from a far away town called Rochdale. He was not a lawman, but a surveyor but he did not like all he surveyed. Phrases such as “this is not an appropriate action for a Local Authority landlord to take”, “accusation of dishonesty”, “gnawed at his professional conscience” and “unfortunate sequence of events” ran through his report as a series of criticisms as to how the landlord had behaved.

*rules of the game referring to the landlord’s rule in that they preferred “independent” people to agree with them as if they didn’t it would mean no more gold coins from the landlord for them.

The stranger recommended they send an immediate written apology to the pony club, pay them them the gold coins they had paid to Kirwan and allow them to stay rent free as well as finding them somewhere else to move to.

Oh dear, what was the landlord to do? Sooner or later those two pesky reservation journalists would start writing about it (although on the plus side the landlord thought it might stop them writing about another of their dastardly schemes to try and close a local school called Lyndale) and then their mistakes would end up in the newspaper again which would mean all the townsfolk would know. Oh dear! How could they stop the press writing about it they thought? Let’s release the report on a Saturday they decided, the press won’t be at work then.

As no politician wanted to associate themselves with such an unpopular issue, they got the big cheese and well-known troubleshooter Mr. Burgess to apologise. “We apologise for the distress”, “the site is on of the three most valuable council-owned development sites”, “savings targets” and “we should have communicated better” he wrote as well as making the same commitment his boss had Councillor Phil Davies to find the pony club somewhere else.

Mr Burgess even went a little too far in some people’s minds in his enthusiasm and wrote things like “the independent investigation”“found that the Council acted legally throughout possession proceedings” when the investigator’s report in fact stated “I am satisfied that the Council followed the correct procedure in the preparation and issuing of Court proceedings. It is outside my remit to make further comments in this regard as a legal process subsequently followed resulting in the Court granting permission.”

So, one of the two journalists on the reservation saw what went on and wrote this tale and here it is. A partial victory for the pony club, but it seems that the fight will carry on.

Tune in for next week’s thrilling episode about the Wild West Town of Wirral to hear how about the landlord continues to get into hot water in its efforts to “evict” disabled children from the local school called Lyndale in another tale of communication problems, politicians, apologies but this time (as far as we know at this point) not involving horses.

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Did officers breach Wirral Council’s constitution when they sent out the eviction notice for Fernbank Farm?

Did officers breach Wirral Council’s constitution when they sent out the eviction notice for Fernbank Farm?

Did officers breach Wirral Council’s constitution when they sent out the eviction notice for Fernbank Farm?

                        

This is the story about what happened behind the scenes when the tenants of Fernbank Farm were sent an eviction notice in the July of 2012. However before this tale starts I need to explain about some of the people involved.

Bill Norman

The person above is Bill Norman. He was the Council’s Director of Law, HR (which stands for human resources) and Asset Management. On the 27th June 2012 he was suspended from work because of how the Colas contract was awarded, however it is important to point out that in September councillors found there was “no case to answer” with regards to wrongdoing on Bill Norman’s part. By this time his post had been made redundant so he signed a compromise contract and left the employment of Wirral Council and got a golden goodbye of £151,416 (comprising of £112,848 termination payment, £28,568 redundancy payment, £5,000 legal costs and £5,000 legal costs direct to Bill Norman). This brings us now to the next person.

Surjit Tour

Surjit Tour is the person on the left of this photo. During the period Bill Norman was suspended, (that is from 27th June 2012 onwards) he was Acting Director of Law, Human Resources and Asset Management.

On Friday 13th July 2012 an eviction notice was signed and so was a letter accompanying the eviction notice. The letter and two copies of each eviction notice were sent out to each tenant with a request that the second copy of the eviction notice was returned to Wirral Council.

The letter used is below and below that page one of the eviction notice (you can click on it for a more high resolution version). I have erased from both documents the home address of the tenant it went to, the name of which tenant it went to and the signature of the tenant from the copy of the eviction notice returned.

Letter accompanying eviction notice
Letter accompanying eviction notice

Eviction notice
Eviction notice (page 1)

Wirral Council has a constitution which determines how decisions are made and whether they’re made by officers or councillors. The detail of this was determined by a very dull bit of Wirral Council’s constitution at the time called Schedule 4: Scheme of Delegation to Officers.

Under section 38 it details the responsibilities of the Director of Law, HR and Asset Management.

“The Director of Law, HR and Asset Management is authorised,
….
In respect of Property Management functions:

(12) Authorise the grant and renewal of leases, tenancies and agreements of land and premises at current market rentals subject (where appropriate) to the receipt of satisfactory references and planning consent and (as appropriate) the termination thereof.

(14) Approve the review of rents reserved by existing leases and tenancy agreements of Council land and property at current market rental levels.

In respect of trading standards, environmental health and related functions and responsibilities:
(46) Subject to paragraph (2) below, take any action under any relevant legislation (and related statutory instruments) including, where relevant (but not limited to), the service of notices
….
Relevant legislation under this paragraph shall include but is not limited to:

Landlord and Tenant Acts 1954, 1985 and 1987″

Now obviously Bill Norman couldn’t authorise the renewal of the lease or approve an increase in rent or agree to an eviction notice being served because he was suspended so he would have hardly been given a look at this before it was sent out!

Section 14 deals with this eventuality (note the Director of Law, HR and Asset Management is one of the officers referred to in paragraph 2):

“In the event of a Chief Officer referred to in paragraph 2 not being available for whatever reason, his/her Deputy (or, where there is no officer designated as such, the next most appropriate senior officer of the department) shall be authorised to implement approved delegated arrangements.”

Now as Acting Head of Law, HR and Asset Management while Bill Norman was suspended, Surjit Tour was deputising for Bill Norman during his suspension. However Surjit Tour’s signature does not appear on the letter or the eviction notice.

Section 3(a) states

“3. (a) Unless otherwise provided for within this scheme every officer listed in paragraph 2, may authorise officers in his/her department/service area to exercise on his/her behalf, functions delegated to him/her. Any decisions taken under this authority shall remain the responsibility of the relevant officer named in paragraph 2 above and must be taken in the name of that officer, who shall
remain accountable and responsible for such decisions.”

However Bill Norman couldn’t authorise officers in his department to exercise functions on his behalf as he was suspended! However the letter went out in his name. Bill Norman’s name was at the top right of the letter and the person signing it had below their name “Director of Law, HR and Asset Management”.

Here’s a comparison between Surjit Tour’s signature (below) and the signature on the eviction notice.

comparison of signature on eviction notice to Surjit Tour's

Here’s the signature used on the letter (again it wasn’t Surjit Tour’s):

letter signature

So to conclude, the letter and eviction notice about the Fernbank Farm lease should’ve both been signed by the Acting Director of Law, HR and Asset Management (but weren’t). Instead they both went out in the name of Bill Norman (who was suspended). Bill Norman can’t have seen the letter and eviction notice before it went out, therefore how could he have authorised the officers that did sign the letter and eviction notice to do this on his behalf? If the signatures had been on someone else’s behalf pp would have been put before the signature to show that they were signing on behalf of someone else. This didn’t happen.

If Surjit Tour agreed to other officers signing the eviction notice and letter on his behalf (instead of signing them himself), then he didn’t have the authority under the constitution to do so as he was only Acting Director of Law, HR and Asset Management.

I think the most likely eventuality is that junior officers, who weren’t authorised under the constitution to make such decisions, signed the letter and eviction notice because Bill Norman was suspended and therefore unavailable. Surjit Tour should’ve been asked to do it, but if he had been asked, then why wouldn’t his signature be on the documentation? Therefore this seems to have been done without his knowledge.

So what are your views on this? Did junior officers sign off on something and make an unconstitutional decision? Is this maladministration? If the decision wasn’t properly made in the first place but Wirral Council went to court and got a possession order, what should happen next? Is this what Wirral Council mean when in a later letter dated 14th March 2014 they state “I do not believe the authority intentionally used the wrong letter in July 2012.”?

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Wirral Council spent £10,320 with two different chambers of barristers in the last financial year

Wirral Council spent £10,320 with two different chambers of barristers in the last financial year

Wirral Council spent £10,320 with two different chambers of barristers in the last financial year

                          

Below is a list of what Wirral Council spent on barristers in the last financial year (2013-14) which comes at just over £10,000. Each amount is a total for the 2013-14 by chambers of barristers and is calculated from the lists of invoices over £500 that Wirral Council publish. It is possible the amounts are higher if there are invoices paid that were less than £500. This continues from Wirral Council spent £465,497.06 with six different firms of solicitors in the last financial year.

4-5 Grays Inn £720
Kings Chambers £9600

Total £10,320

Strangely, this doesn’t seem to include the £1,800 paid to Exchange Chambers for the services of Sarah O’Brien in the case involving the possession order for Fernbank Farm. The 2013-14 financial year goes to the end of March 2014, the fast track trial was in mid February, so it’s possible this payment appears in the next financial year.

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