Why did Wirral Council include Ian Coleman as a whistleblowing contact in the Passenger Transport Contract?

Why did Wirral Council include Ian Coleman as a whistleblowing contact in the Passenger Transport Contract?

Why did Wirral Council include Ian Coleman as a whistleblowing contact in the Passenger Transport Contract?

                                                 

Here is my first question to Wirral Council’s auditor (Grant Thornton) about the Passenger Transport Contract.


Wirral Council has a contract with Eye Cab Limited called the "Passenger Transport Contract". This contract started on the 1st September 2014 and runs to the 31st August 2015 and is for the provision of taxi services.

I requested to inspect a copy of the contract (see Audit Commission Act s.15(1)(a)) which was arranged for the 4th September 2015. As a local government elector for the Wirral area, I can question the auditor about the 2014/15 accounts from 9.30am on the 18th August 2015 until the accounts are closed (see Audit Commission Act 1998 s.15(2)).

Page 36 of the contract has a section titled &quotSection 5 CONFIDENTIAL COMPLAINTS PROCEDURE (Whistle-blowing) A Guide for Suppliers and Contractors (see attached page 36).

Passenger Transport Contract Wirral Council page 36 of 40 thubmnail
Passenger Transport Contract Wirral Council page 36 of 40

At the bottom of this page of the contract it details two people that a complaint under the whistleblowing procedure can be made to.

The second of these individuals is:

"Ian Coleman, Director of Finance, Wirral Borough Council, Finance Department, Treasury Building, Cleveland Street, Birkenhead, Merseyside, CH41 6BU"

Wirral Council’s Employment and Appointments Committee agreed early voluntary retirement for Ian Coleman on the 3rd October 2012 (see attached minutes).

Therefore as Ian Coleman was not an employee of Wirral Council at the time the Passenger Transport Contract was put out to tender (or when the contract was agreed) why was he included as a whistleblowing contact in the contract?

Yours sincerely,

John Brace

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Cabinet (Wirral Council) 18th October 2012 Part 2 of 2

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Continued from Part 1

Present

Cllr Phil Davies (Chair)
Cllr Adrian Jones
Cllr Harry Smith
Cllr Tony Smith
Cllr Ann McLachlan
Cllr George Davies
Cllr Brian Kenny
Cllr Pat Hackett
Cllr Chris Meaden

7) Annual Governance Report – Merseyside Pension Fund | 04:24 to 04:45 | Annual Governance Report – Merseyside Pension Fund

The Annual Governance Report for Merseyside Pension Fund was already agreed as part of item 6. However it was agreed again and Cllr Phil Davies thanked David Armstrong.

8) Revenue Monitoring 2012/2013 Month 5 (August 2012) | 04:45 to 14:20 | Revenue Monitoring 2012/2013 Month 5 (August 2012) Supplementary Agenda (1)

Cllr Phil Davies referred to the revised supplementary report on this agenda item. This supplementary report replaced the original agenda item.

Peter Timmins said that the projected overspend had risen from £14.4 million in month 4 to £15.3 million in month 5. He said that this was in part due to a shortfall in projected Technical Services income. He referred to the freeze of the 6th September 2012 and said that the process was explicit and transparent as outlined in appendix 8 (which was available to the public). He referred to the recommendation at 12.2 that just over £1 million (£1,071,638) be agreed as Rejected and returned to balances.

Cllr Phil Davies made a number of comments on the report. He offered to write to the Secretary of State for Communities and Local Government and said he was happy to do this on a cross-party basis with agreement of the other two political parties. He made the recommendation (below) and asked for a seconder. The recommendation was seconded. He asked for any other comments on the report (there were no other comments). The recommendation was agreed.

The Cabinet is asked to agree

a) the rejected freeze items, set out at Appendix 8, in the columns “Rejected”, totalling £1,071,638, as evidenced at para 2.20.

For reference these rejected items are below:-
Week 1 & Week 2 Revenue Freeze (Executive Team) September 2012

Dept Ref Project Title Requested
£
Agreed
£
Suspend
£
Reject
£
Reason for Recommendation
CEX 16 Marketing for Libraries Campaign – Annual Bookfest 1,000 1,000 Undertake campaign by ‘e’, rather than printed.
CEX 18 Marketing for Sport and Recreation Mini Tennis Campaign 1,500 1,500 Undertake campaign by ‘e’, rather than printed.
TEC 22 Replacement Play Area, Central Park, Park Primary School 72,000 72,000 Delay redevelopment until 2013-14
TEC 26 Drainage Improvement Works Higher Bebington Recreation
Ground
50,000 50,000 Delay redevelopment until 2013-14
TEC 27 Drainage Works Municipal Golf Courses, Arrowe Park and
Brackenwood
145,000 145,000 Delay redevelopment until 2013-14
TEC 28 Parks Improvement Works, infrastructure, signage, access and
planting
112,000 112,000 Delay redevelopment until 2013-14
TEC 29 Sites of Special Scientific Interest Higher Level Stewardship
Agreements
11,514 11,514 Accept risk of lower standards in the short term; delay until
2013-14
TEC 33 Parks – General Repairs 76,500 76,500 Accept risk of lower standards in the short term; delay until
2013-14
CORP 34 Local Pay Award £250; check amount (poss £1m) 600,000 600,000 Replace with minimum wage commitment
DASS 36 Your Future Your Choice – flyer for Learning Disabilities event 538 538 Provide on A4 paper
FIN 42 Private Sector Housing – newsletter printing costs 1,586 1,586 Use alternative, e-distribution rather than print
Total 1,071,638

9) Capital Monitoring 2012/2013 Month 5 (August 2012) | 14:20 to 17:25 | Capital Monitoring 2012/2013 Month 5 (August 2012) Supplementary Agenda (2)

Cllr Phil Davies asked Peter Timmins to respond to the Capital Monitoring Report. The Capital Monitoring Report in the Supplementary Agenda replaced the one originally published.

Peter Timmins referred to “key points” on the Capital Monitoring Report and how the Capital changes would save £32,610 from the Revenue Budget next year. He referred to the recommendations.
Cllr Phil Davies talked about the Capital Budget.

Graham Burgess, Interim Chief Executive, said he was happy this morning about something released from the freeze. Quite what was released from the freeze though was impossible to hear due to the twin combination of Graham’s microphone being too far away and Graham speaking down into his papers.
Cllr Phil Davies asked if the recommendations (at 12.1 and 12.2) could be agreed? The recommendations (below were agreed).

12.1 That Cabinet is asked to:
a) Agree the Period 4 net decrease of £1.789 million to the latest 2012-13 Capital Programme (Appendix 1),
b) Agree the revised Capital Programme of £74.473m;
c) Note the spend to date at month 5 of £12m, which represents 16.1% of the revised capital budget, with 42% of the financial year having elapsed;
d) Note the £48.8m of new unsupported borrowing included over the next three years, which will result in approximately a £4.9m additional revenue costs;
e) Note the work to detail the schedule of sites to validate the estimate of capital receipts.
f) Note that a future report will include proposals to cease or reduce schemes arising from a review of the current capital programme

12.2 Cabinet is also asked to agree
a) the rejected freeze items set out in Appendix 2 in the columns ‘rejected’ totalling £1,449,600 as evidenced in paragraph 2.16.

Dept Ref Project Title Requested
£
Agreed
£
Suspend
£
Reject
£
Reason for Recommendation
TEC 12 Tennis Courts and other parks
infrastructure – general repairs
76,500 76,500 Ignore, in Revenue
submission (20/9/12)
TEC 15 Bridges Capital Programme – Multiple Projects 249,600 249,600 Uncommitted sum to be
slipped to next year; remainder of £2.063m budget committed (27/9/12)
 Total 326,100

10) Bank Signatories | 17:25 to 18:10 | Bank Signatories

The changes to the bank signatories were agreed with one amendment. Cllr Phil Davies’s amendment was as follows and all related to Ian E Coleman:-

a) remove Ian E Coleman as signatory on the National Westminster and Santander accounts,
b) remove Ian E Coleman as signatory on the Royal Bank of Scotland, State Street and Northern Trust accounts,

and
c) remove Ian E Coleman as approval on Lloyds TSB accounts (Council and Merseyside Pension Fund accounts)

This was because Ian E Coleman was according to Cllr Phil Davies “no longer with us”. The bank signatories (as amended) outlined in 12.1, 12.2 and 12.2 were agreed.

IMPROVEMENT & GOVERNANCE
11) Committee Referral – Regulation of Investigatory Powers Act 2000 (RIPA) | 18:10 to 22:36 | Committee Referral – Regulation of Investigatory Powers Act 2000 (RIPA) | Audit RIPA Report | Audit RIPA Appendix 1 | Audit RIPA Appendix 2

Cllr Phil Davies pointed out that this was a referral from the Audit and Risk Management Committee. Surjit Tour gave an update on how the provisions in the Protection of Freedoms Act 2011 c.9 would lead to changes in how Wirral Council dealt with applications in the future. He referred to the inspection on the 8th June 2012, under age sales of tobacco and alcohol, antisocial behaviour and how a number of improvements were required.  He said there would be training.

Cllr Adrian Jones said they had to support the recommendations, but he drew attention to the risks of persistent antisocial behaviour, which he thought would go unpunished. He also raised concerns about malicious complaints going undetected and although he supported the principle he hoped they were not throwing “the baby out with the bath water”. He said a large element appeared to be low level crime and pointed out that police numbers were falling. He said he supported the recommendation with misgivings.

Surjit Tour responded to his point about antisocial behaviour by referring to the Protection from Harrassment Act 1997.

Cllr Phil Davies said they they all knew from their surveys and surgeries that antisocial behaviour was often the number one issue and that residents brought up the issue of social blight.

Cllr Adrian Jones asked that that particular element be recorded in the minutes.

Cllr Phil Davies asked if the recommendations were approved (see below).

13.1 Cabinet is requested to:

(1) Note the success of Wirral Council Officers and other partners in securing Local Sustainable Transport Major Bid Funding;

(2) Approve the acceptance of £3,215,116 of Major Bid funding from Merseytravel over the three financial years 2012/13 to 2014/15 of which £1,149,049 is revenue funding, £2,026,550 is capital funding and £39,517 for maintenance;

(3) Authorise the Interim Director of Technical Services in conjunction with the Acting Director of Law, HR and Asset Management to finalise the funding agreement between Wirral Council and Merseytravel (ITA) as the lead authority and accountable body.

(4) Approve the delivery of the programme for 2012/13 as set out in Section 3 of this report including delegated authority to the Interim Director of Technical Services following discussions with the Cabinet Member for Streetscene & Transport Services and Party Spokespersons to approve the identified scheme(s) for delivery in 2012/13.

(5) Request Officers to report to a future meeting on the progress in delivering Local Sustainable Transport Major Bid Funding and provide detailed plans for delivery for 2013/14 onwards.

They were agreed.

STREETSCENE & TRANSPORT
12) Local Sustainable Transport Fund (LSTF) – Acceptance of Major Bid Funding | 22:36 to 32:40 | Local Sustainable Transport Fund (LSTF) – Acceptance of Major Bid Funding | LSTF Appendix

Mark Smith spoke at length about this area. Cllr Adrian Jones asked Mark Smith a question. Mark Smith answered Cllr Adrian Jones’ question. Cllr Adrian Jones responded to Mark Smith’s answer. Cllr Phil Davies commented on the matter. The Cabinet Member for Streetscene and Transport, Cllr Harry Smith said he welcomed the funding and confirmed that £220,000 was going to Area Forums. Cllr Phil Davies said that it was good news that there would be £20,000 per an Area Forum to spend on road safety.  The recommendations were agreed.

13.1 Cabinet is requested to:

(1) Note the success of Wirral Council Officers and other partners in securing Local Sustainable Transport Major Bid Funding;

(2) Approve the acceptance of £3,215,116 of Major Bid funding from Merseytravel over the three financial years 2012/13 to 2014/15 of which £1,149,049 is revenue funding, £2,026,550 is capital funding and £39,517 for maintenance;

(3) Authorise the Interim Director of Technical Services in conjunction with the Acting Director of Law, HR and Asset Management to finalise the funding agreement between Wirral Council and Merseytravel (ITA) as the lead authority and accountable body.

(4) Approve the delivery of the programme for 2012/13 as set out in Section 3 of this report including delegated authority to the Interim Director of Technical Services following discussions with the Cabinet Member for Streetscene & Transport Services and Party Spokespersons to approve the identified scheme(s) for delivery in 2012/13.

(5) Request Officers to report to a future meeting on the progress in delivering Local Sustainable Transport Major Bid Funding and provide detailed plans for delivery for 2013/14 onwards.
There was a sixth recommendation tabled by Cllr Harry Smith at the meeting itself from my recollection.

13) Highways and Engineering Services Contract Award and Management – Action Plan | 32:40 to 36:53 | Highways and Engineering Services Contract Award and Management – Action Plan | Appendix 1 | Appendix 2

Surjit Tour spoke on the response to the Audit Commission’s public interest report. He referred to the Council meeting of the 16th July 2012, the recommendations at 2.2, the action plan at appendix 2 and the 21 recommendations which had been considered at the Improvement Board of the 21st September 2012. He said they they needed to consider and approve the Action Plan, that there would be an update at a future meeting and that all actions would be completed by March 2013. He said about their obligation to publicise the public interest report.

Cllr Ann McLachlan commented on the Action Plan and the Improvement Board’s comments on it. Cllr Phil Davies spoke and referred to a future progress report in January 2013. He asked if things were agreed. The Cabinet agreed.

12.1 That Cabinet approves the PIR – Action Plan set out at Appendix 2 to this report.

CHILDREN’S SERVICES AND LIFELONG LEARNING
14) School Funding Formula | 36:53 to 44:15 | School Funding Formula report

Julia Hassall spoke on this report. She said the final report was to go to the Education Funding Agency by the 31st October 2012. The Cabinet Member, Cllr Tony Smith spoke about the proposed changes. It was agreed.

RECOMMENDATIONS

1. Cabinet agree to proceed with the proposals described in this report for the
mainstream School Funding and High Needs Provision.

2. Cabinet agrees to the place changes in maintained specialist provision detailed
in this report.

ADULT SOCIAL CARE AND PUBLIC HEALTH
15) Fees for Residential and Nursing Home Care | 44:15 to 44:20 | Fees for Residential and Nursing Home Care report Fees for Residential and Nursing Home Care |  Equality Impact Assessment

Cllr Phil Davies pointed out that item 15 had already been dealt with.

16) Any Other Urgent Business Approved by the Chair (Part 1) | 44:20 to 44:25

Cllr Phil Davies said he was not aware of Any Other Business.

17) N/A
18) Any Other Urgent Business Approved by the Chair (Part 2) | 44:25 to 44:31

Cllr Phil Davies said he was not aware of Any Other Business and closed the meeting. 

Declaration of interest: The author of this blog post has a close relative in receipt of a Merseyside Pension Fund pension.

Investigation and Disciplinary Committee (21st September 2012) (Wirral Council)

Investigation and Disciplinary Committee
Date: 
21st September 2012
Time: 9.30pm

Committee Room 3

Investigation and Disciplinary Committee (6/7 present)

Cllr Ann McLachlan, (Chair), Labour
Cllr Adrian Jones, Labour
Cllr Ann McArdle, Labour
Cllr Lesley Rennie, Conservative
Cllr Mike Hornby, Conservative
Cllr Dave Mitchell, Liberal Democrat

Wirral Council Officers
Surjit Tour, Acting Head of Law, HR and Asset Management
Shirley Hudspeth, Committee Services Officer
Chris Hyams, Head of HR & Organisational Development
Tony Williams, Acting Employee Relations Manager
David Armstrong, Deputy Chief Executive?
Unknown officer (male)

In attendance
Cllr Paul Doughty, Labour, Chair of Employment and Appointments Committee
Two members of the public (John Brace, Leonora Brace) (items 1 to 3)

The Chair, Cllr Ann McLachlan (Labour) apologised for starting the meeting late.

1. Declarations of Interest

The Chair, Cllr Ann McLachlan Labour asked for any declarations of interest. None of the six councillors (including the Chair, Cllr McLachlan Labour) made any declarations of interest.

2. Minutes of the meeting held on the 20th August 2012

The minutes of the Investigation & Disciplinary Committee on the 20th August 2012 had been published on Wirral Council’s website.

The Chair, Cllr Ann McLachlan asked if the minutes were agreed?

Cllr Lesley Rennie disputed the minutes and stated they were missing that she had said at the last meeting that she wanted it minuted that she wanted Richard Penn to be invited to the meeting.

"Richard

She pointed out that this was missing from the minutes.

The Chair, Cllr Ann McLachlan said it was fine as Mr. Penn was “in the building” [see above photo of Richard Penn waiting in lobby, Ground Floor, during agenda item 4 (not the room the meeting was being held in)]. She thanked Cllr Lesley Rennie for pointing this out. There were no more comments on the minutes of the meeting held on the 20th August 2012, so the Chair moved the meeting onto agenda item 3.

3. Exclusion of the Press and Public

The Chair expressed her opinion that the press and public should be excluded from the meeting for agenda item 4. She expected the two members of the public to leave, however a member of the public waited for the Committee to agree with this opinion. The reason she gave was that it related to “staff”.

The two members of the public left.

4.  Statutory Officers Preliminary Investigation – Preliminary Report/Report from the Independent Investigator

The Committee received the reports from Chris Hyams (Proper Officer), Tony Williams (Acting Employee Relations Manager) and Richard Penn (Independent Investigator).

Only Chris Hyams and Tony Williams were present at the start of this item.

The reports were about the suspensions of Bill Norman, Ian Coleman and David Taylor-Smith, following the decision made at the Investigation and Disciplinary Committee meeting of the 20th August 2012 (agenda item 4).

Decision:

David Green (Director of Technical Services): Unknown outcome
David Taylor-Smith (Deputy Director of Finance): Unknown outcome

Ian Coleman (Acting Chief Executive):
Outcome: request made to Employment and Appointments Committee (3/10/2012) for Early Voluntary Retirement (£82,528.50) effective from 5th October 2012.

Bill Norman (Director of Law, HR and Asset Management): “no case to answer”
Outcome:  “no case to answer” “no further advice appropriate”
Compromise Contract (£155,416) (agreed by Employment and Appointments Subcommittee (Compromise Contracts) of 20th September 2012. Made redundant as of 30th September 2012. 

Investigation and Disciplinary Committee | 20th August 2012 | Item 1 – Appointment of Chair | Item 2 – Declarations of Interest | Item 3 – Exempt Information – Exclusion of the Press and Public | Agenda Item 4 – Update in Relation to the Suspension of Council Officers

Investigation and Disciplinary Committee
Date: 20th August 2012
Time: 4.00pm

Committee Room 2

Investigation and Disciplinary Committee minutes (20th August 2012) (approved 21st September 2012)
Investigation and Disciplinary Committee (20/8/2012) Agenda

Present

Councillors (7/7)
Cllr Dave Mitchell Liberal Democrat
Cllr Adrian Jones Labour
Cllr Lesley Rennie Conservative
Cllr Mike Hornby Conservative
Cllr Ann McLachlan Labour
Cllr Brian Kenny Labour
Cllr Anne McArdle Labour

Wirral Council Officers
Shirley Hudspeth (Committee Services Officer)
Chris Hyams, Human Resources (Head)
Tony Williams, Human Resources (Acting Employee Relations Manager)
Surjit Tour, Acting Head of Law, Human Resources and Asset Management
David Armstrong
Unknown female
Unknown male

Also
Items 1-3 Two members of the press/public

The agenda for this meeting can be found here.

Agenda Item 1 – Appointment of Chair

Cllr Brian Kenny and Cllr Adrian Jones proposed Cllr Ann McLachlan as Chair.
There were no other nominations so Cllr McLachlan was made Chair.

Cllr Dave Mitchell proposed Cllr Adrian Jones as Vice-Chair, however it wasn’t seconded. There was a second valid nomination as Vice-Chair so Cllr Brian Kenny was made Vice-Chair.

Agenda Item 2 – Members’ Code of Conduct – Declarations of Interest
Councillors present made no declarations of interest.

Agenda Item 3 – Exempt Information – Exclusion of the Press and Public

The Chair suggested that the public and press were excluded from the rest of the meeting for agenda item 4 (Update in Relation to the Suspension of Council Officers) (reason given – Information relating to any individual and agenda item 5 (Any Other Urgent Business Approved by the Chair) (although there was no AOB).

Agenda Item 4 – Update in Relation to the Suspension of Council Officers

The Investigation and Disciplinary Committee received an update in a 16-page preliminary investigation report about the matters that led to the suspensions of Bill Norman, Ian Coleman and David Taylor-Smith (but also relate in part to the earlier suspension of David Green).

It related in part to:-

1) This public interest report published by the Audit Commission on 8th June 2012 entitled Highways and engineering services contract award and management.

2) The Council’s policies on senior officers declaring interests and whether these had been followed.

3) Various other matters relating to the above four suspended individuals.

The following resolution was then agreed,

“(1) the progress being made in respect of the preliminary investigation be noted; and

(2) the way forward in relation to the three Statutory Officers, as outlined in paragraph 5.6 of the report, be agreed.”

Agenda Item 5 Any Other Business 
It has been confirmed by Wirral Council that there were no items of Any Other Business agreed by the Chair tabled at the meeting.

Investigation and Disciplinary Committee (Wirral Council) Photo 1

Left (L to R): Unknown officer (male), Shirley Hudspeth (officer)

Right (Left to Right)
Cllr Dave Mitchell (Lab)
Cllr Adrian Jones (Lab)
Cllr Brian Kenny (Lab)
Cllr Ann McLachlan (Lab)
Cllr Mike Hornby (Con)
Investigation and Disciplinary Committee (Wirral Council) Photo 2

Left: Shirley Hudspeth

Right Foreground
L to R Cllr Mike Hornby (Con), Cllr Lesley Rennie (Con)

Right Background
Cllr Dave Mitchell (Lib Dem), Cllr Adrian Jones (Labour)
Investigation and Disciplinary Committee (Wirral Council) Photo 3

Background: Shirley Hudspeth

Foreground: Left to Right
Tony Williams (Officer), HR
Unknown Officer? (female)
Chris Hyams (Officer), HR
Unknown Officer? (male)

Council (16th July 2012) Parts 1 to 7

I’ve finally uploaded the video footage from last Monday’s well attended Council to Youtube. Links to each part are below with part 7 being in HD.

Part 1 00:00 to 04:07
Part 2 04:08 to 06:34
Part 3 06:35 to 50:49
Part 4 50:50 to 53:43
Part 5 53:44 to 130:37
Part 6 130:38 to 136:00
Part 7 136:00 to 169:33

A playlist of all seven parts is below.

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