Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Conservative Leader Cllr Jeff Green responds “We remember the libraries, we remember Martin Morton, we remember what you did in closing care homes, we will make sure that these issues are publicly debated whether the Labour Party likes it or not”


Continued from Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution Cllr Phil Davies (Labour) speaks for the revisions | Cllr Jeff Green (Conservative) against

Council (Extraordinary) Meeting, Council Chamber, 30th April 2013, Part 3 (Revisions to the Constitution) Conservative Leader Cllr Jeff Green responds

Cllr Jeff Green: “We remember the libraries, we remember Martin Morton, we remember what you did in closing care homes, we will make sure that these issues are publicly debated whether the Labour Party likes it or not.”

Extraordinary Council 30th April 2013 Cllr Jeff Green revisions to the Constitution Wirral Council

Cllr Jeff Green said the changes would make it less possible for Martin Morton to blow the whistle under the new arrangements and to have it discussed. He said that although [the existing Constitution] didn’t stop it, it did put it on the record and gave them a chance to do something about it. Cllr Green said the changes would stop them even having a debate asking the Administration to explain themselves, which was partly why the Conservatives thought getting rid of scrutiny committees was “inappropriate”. He expressed his concerns about child protection, to a heckle of Luddite from the Labour benches.

Cllr Green said he was supportive of Area Forums, he had asked for a report on them six months ago at the Leaders Board, however the Chief Executive had never felt it appropriate to bring it back to be discussed. The report had gone to Cabinet instead of seeking all party support. Cllr Green felt the process used had been deliberate in an attempt to try to cause division. He felt the proposals hadn’t been thought through, were unclear and that the new area committees would receive a far meagre sum of money [than the existing Area Forums].

On the changes to Council meetings, Cllr Green felt the Administration would ask officers to write a two-sided report, which councillors could then ask questions on. He said that the councillors wouldn’t get an immediate answer, wouldn’t be allowed to ask a supplementary, but at the end the Cabinet Member would answer all the questions in five minutes.

Cllr Green was also concerned about removing the right of councillors to place on the agenda and have issues debated. He had asked how many other Councils don’t allow councillors to do this and had been told “not very many”. He claimed it was only on Wirral that there was a tendency to “pull power to oneself” and “to sweep any opportunity for backbenchers at all to raise issues and have them debated”. Cllr Green finished by saying, “We remember the libraries, we remember Martin Morton, we remember what you did in closing care homes, we will make sure that these issues are publicly debated whether the Labour Party likes it or not.”

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Following the Court Order of 18th April 2012 and a Lib Dem smear: My response


Following the Birkenhead County Court order of 18th April 2012 naming Cllr Alan Brighouse on behalf of the Birkenhead Liberal Democrats granted by Deputy District Judge Ireland following the court hearing of the 4th April 2012, the Lib Dems have finally coughed up the original complaint (not shared with me until now 12 months later, despite their constitution stating 10 weeks) made about me by Simon Holbrook in May 2011 (after he lost his seat). I’ve sought advice and am making parts of it public (as there’s a public interest to at least parts of it being made public), along with my version of events (which seems far closer to reality than his complaint, my comments are in italics). Here’s section 1:-

“1. Smearing of Sitting Councillors

In an email to Cllr Gilchrist dated 19 May 2011 at 09:59, John Brace did link the Standards investigation into Cllr Williams’ and Cllr Bridson’s part in the “special charging policy” with that of the recent investigation into the way in which Martin Morton was treated, despite the fact these are two separate matters.

Cllr Williams and Cllr Bridson are not and were not under investigation into the alleged bullying of Martin Morton. This investigation, which was instigated by former Cllr Holbrook has now concluded and reported. It never was and never had been a matter for the Standards Board for England.”

As is detailed here it was considered twice by the Standards Board for England, as initially the complaint about Cllr Bridson hadn’t been sent to them. The complaint (or complaints as a second was submitted) were made by Martin Morton and had already been reported in the Wirral Globe under the headline Town hall blunder: Wrong paperwork sent to local government watchdog inquiry prior to Simon’s complaint about me.

One of these two councillors had been on the charging policy working group in 2005 that led to the overcharging policy, the other had been Cabinet Member for Social Care and Inclusion (which covers Social Services) during part of the period that the overcharging occurred.

The report referred to, the Martin Smith report, was reported to Cabinet on 14th April 2011, however it was not made public until the following year due to the Labour administration’s attempts to delay both its publication and the AKA report.

The relevant section of my email of 19th May to Cllr Gilchrist (and Cllrs Williams, Brighouse, Kelly, Bridson, Harney, Gilchrist, Mitchell and two other party members), is quoted below.

“Morale in the party is extremely low, the Chair and the Vice-Chair of the local party are currently (according to the Wirral Globe) under investigation on standards grounds following a decision by Wirral Council’s Independent Assessment Panel to refer the matter to Standards for England regarding their roles in the Social Services “special charging policy” and how Martin Morton was treated. This independent report (by now read by councillors but currently exempt) will be published within 2-5 months and will lead to a public discussion of their roles in this saga. Both are likely to be candidates in 2012 and the full reasons how and why they did things will have to be made clear to the public and party in the spirit of openness and accountability if we are to move on. “

Lastly Simon Holbrook refers to himself in the third person, which generally wouldn’t be the case if as claimed he was the author of the complaint. However it’s clear by the way it was written that somebody wanted me to stop asking questions by the way flat out denials were made regarding the standards complaints.

The decision notice of Standards Board for England with regards to Cllr Williams and Cllr Bridson back me up as to what the complaint was about. As it was re referred back to Standards for England following the paperwork mixup, there are earlier decision notices regarding Cllr Williams, Roberts and McLaughlin too.

Special Meeting (Wirral Council) Part 2 20/2/2012 Anna Klonowski Report


Well I’ve finally uploaded the last of the footage I took at the Special Council meeting a week ago to Youtube. A few videos ended up with errors so about three speeches have been cut.

It’s all in a playlist now if you want to see it from start to finish. Part 1 (all 15 minutes of it) from two weeks ago when it was first adjourned can be viewed by clicking the link.

Part 1 of the resumed adjourned meeting is below and forms part of a playlist so you can easily get to the next part. A speech of Cllr Green is missing at the end as I ran out of battery and about three speeches have had to be shortened due to errors on the video file. It should give a good idea about what it was about if you weren’t there though, and as promised during the meeting itself a number of names of people and organisations have now been made public.

Health and Wellbeing Overview and Scrutiny Committee 6/2/2012 Part 2 Anna Klonowski report


Following on from part 1 Bill Norman continued.

Bill Norman said that a number of names should be disclosed to councillors. One of those names was his and he had no reason in them not knowing which number he was in the report (although some may have already guessed). He was working towards giving them this information, but pointed out it had been a non-statutory inquiry.

Cllr Simon Mountney asked if he was correct that there was no unredacted report?

Bill Norman said there was no unredacted report in his possession. However there was a list of names with the draft report which had been circulated to a small number of officers and councillors.

Cllr Paul Doughty said he found it amazing that the party opposite were looking towards making political points.

Cllr Mike Hornby said it was the people of Wirral who’ve suffered by it being “swept under the carpet” and the “deplorable” way it had been handled.

Cllr Sheila Clarke said as Carer’s Champion she had hit the “brick wall of legal” and didn’t know of the report into Kent House which went into serious safeguarding issues regarding its vulnerable residents. She said that someone from the Cheshire and Wirral Partnership [NHS Foundation Trust] was here tonight. She said all this was done by bypassing the formal scrutiny process.

The Chair, Cllr Patricia Glasman said it was on the Cabinet papers and went before Cabinet on the 2nd February and that it had “not been kept from view”.

Simon Wagener talked about accountability and transparency. He wanted to echo the views of users and carers, who didn’t believe that the option of anonymity should’ve been extended. He said that those identified should be held responsible and have to be held to account. Mr. Wagener said a senior manager in the Department of Adult Social Services had said their responsibility lay to the Director of the Department. He said this was a conflict of interest and that they need to be held accountable to the people they serve and carers. He said to have those people “kept in the dark” was “not in the public interest” or in service user’s interests.

Graham Hodkinson, Director of Adult Social Services said that all officers had a clear responsibility to the people they serve. He suggested that the officer had wrongly informed [Simon] and that they all have legal and professional registration as individual professionals which covered accountability and responsibility. He agreed that officers are accountable to the people of Wirral.

Simon Wagener said there was mention of an ongoing review, who had this been conducted by?

Cllr Mike Hornby said the report had been commissioned by the Council and paid for by taxpayers.

Bill Norman said yes it was paid for by the Council, but they had been informed by Anna that assurances had been made that names were not appearing. It was a voluntary process and assurances had been given, therefore there was a legal and moral obligation to respect this, which they were seeking to clarify through independent lawyers. He understood they were working towards that goal but there might be legal consequences.

Health and Wellbeing Overview and Scrutiny Committee 6/2/2012 Part 1 Anna Klonowski report


The meeting started off cordially enough with the Chair Cllr Patricia Glasman welcoming people to a special meeting of the Health and Wellbeing Overview and Scrutiny Committee.

She asked for declarations of interest. Cllr Denise Roberts said she was a member of the Members’ Working Party and wanted clarification on whether it was an interest. In Bill Norman’s view it wasn’t an interest she needed to declare.

The Chair asked for any party whipping arrangements, none were declared. She said she had something to read and circulated a motion. A Conservative councillor asked for a ten minute recess so after three minutes the meeting was adjourned.

After the adjournment the Chair asked if she wanted them to read out her motion. They did, so she read it out in full.

Cllr Cherry Povall, spokesperson for the Conservative Party said her first point was that they’d only just been handed the Improvement Plan and that it was designed to bypass scrutiny.

The Chair pointed out that the Action Plan was published on the intranet on the 2nd February and had been available since then.

Cllr Simon Mountney said, “It’s taken four years almost to get to this point and members of the public are currently asking for us to name and shame. Well to be honest I think it’s even more than that. I think it’s name and hold to account. If people prove under that process to have something to answer, then in fact there might even be prosecutions to follow, as I understand the police are involved in this.

So how do you expect to sweep this under the carpet whilst there is a police investigation into this issue is beyond me? This is one of the most serious matters this Council…”

The Chair interrupted and denied that they were trying to sweep it under the carpet.

Cllr Simon Mountney said “Well I think by this statement that you’ve issued just now, what you’re looking to do is move on. Well I’m not ready to move on and I don’t think my colleagues are ready to move on. We need to know who is responsible for this and at this point in time we don’t! We haven’t even had a non redacted version of the report. How can you expect this Council to move on when we don’t know who was responsible for one of most serious issues to happen in this Council for many years?

It’s just beyond me how you have the audacity to issue this kind of report saying let’s move on. We don’t have the answers yet! How can we possibly move on? The report talks about people turning up with baseball bats and you want us to move on? It’s just absolutely beyond me, I don’t understand how your party and you as an individual can continue with this ridiculous issue that it’s going to go away.

This is not going to go away and I’m going to make sure it doesn’t go away till I get the answers that I’ve been seeking for four years. Now we’re getting to a point perhaps where the answers will start to come out, because it will go to a public investigation of some sort. It will. So don’t, let’s not try and sweep it under the carpet because that’s what you’re trying to do.”

The Chair, Cllr Patricia Glasman said “I’m not trying to sweep anything under the carpet. Nobody is and I’m…”

Cllr Simon Mountney said “You are trying to sweep it under the carpet by saying let’s move on!”

The Chair said, “I would be very grateful if nobody here tonight reduces this to the level of personal abuse. With regards to the issue of naming names, I’d be grateful if the Director of Law could answer that.”

Cllr Simon Mountney asked who had put together the statement, whether it was the Chair and if it wasn’t he’d like to know who?

Bill Norman, Director of Law, HR & Asset Management said, “Following a previous meeting of this committee I was informed there was a request from a number of Members to seek an unredacted copy of the Anna Klonowski report. Errm when we received the request for an unredacted version…”

Cabinet (Wirral Council) 12th January 2012 Any Other Business – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 4


Jim Wilkie, Chief Executive said he would make some very brief comments and did about the Anna Klonowski report and the other summaries attached.

Cllr Steve Foulkes said it was a “damning report”. He hoped the members of the public could understand why there had been an elongation of the Right to Reply to allow the process to take place. He believed the way matters had been dealt with had clearly not been appropriate. He thanked the former Leader, Cllr Jeff Green.

Cllr Foulkes said it was fully costed and they would continue to engage [AKA Ltd] for the foreseeable period. He saw it continuing going forward to the next available Cabinet meeting. He felt it need to be discussed in full and with other whistleblowing issues.

The Highways and Engineering Services Procurement Exercise report was discussed by Cllr Foulkes in detail. He said the main accusations were people being overcharged and compensation as well as other forms of abuse. Cllr Foulkes said they had been investigated and reported to the police.

Cllr Foulkes mentioned detailed work on the Action Plan and how to “move forward”. He said the view to the outside world was one of reputational damage to Wirral Council. They were engaging an external body to help and advise which would hopefully counter the insular culture.

He referred to a Corporate Governance Committee briefing and the “Improvement Board” which would include North West Employers to hold them [Wirral Council] to account. The Chief Executive and Bill Norman would keep an overview on how they dealt with the Action Plan. He mentioned hope and prayer and picking up comments by employees.

There was outrage and outrage by individuals and harm to individuals. He gave a public apology to Martin Morton which was a “genuine case” that Wirral Council had “not dealt with appropriately”. The Audit and Risk Management Committee had had a time of reflection, but should now move forward with a final resolution.

Graham Hodkinson was now Director of Adult Social Services and he welcomed him to his new post. He then read out the following resolution verbatim that was also handed out to those present. He said an apology to Martin Morton had been added. He wanted discussions to continue with Martin Morton to ensure an “amicable outcome” and a job with the authority. However they had to tie the loose ends up and it was not for Cllr Foulkes or the Cabinet to speak on behalf of Martin Morton.

He said it was the final outcome and that it helps the audience. He said it was a “difficult report to read”. He had tried to give encouragement to people working in the Department for Adult Social Services, but that it can’t go without thorough investigation.

Cllr Phil Davies formally seconded the resolution. It was agreed by the Cabinet. The resolution is below.

On a Motion moved by Councillor S Foulkes and seconded by Councillor P Davies it was

RESOLVED (unanimously): That

(1)       the Exempt Appendices 2 and 4 be brought into the public domain;

(2)       the previous Council Leader, Councillor J Green be thanked for engaging AKA to investigate the claims of Mr Martin Morton (and others);

(3)       the Council apologises to Mr Martin Morton and discussions will continue with him in the hope that an amicable outcome is reached; and

(4)       this Cabinet recognises the serious failings contained within this report and the harm done to vulnerable adults as a consequence of those failings.

It accepts unreservedly the recommendations made in the report and asks the Chief Executive to draw up an Action Plan demonstrating how those recommendations will be implemented, which should be reported back to the next Cabinet, and referred from there to a Special Council for full debate.

Cabinet welcomes the fact that the Chief Executive has already asked:

§ The Director of Adult Social Services, supported by the Head of Safeguarding, to urgently review the Final report for any further safeguarding issues that need to be addressed

§ The Director of Law, HR and Asset Management, supported by the Head of Human Resources and Organisational Development, to urgently review the Final Report to ensure all appropriate action is taken,

§ The Director of Law, HR and Asset Management, in consultation with the Director of Adult Social Services and the Head of Safeguarding, to urgently review the Final Report to consider whether any historic safeguarding failures should be referred to the Police, (or any relevant regulatory body) for investigation.

It further notes the actions already under way listed in paragraphs 3.8 to 3.10 which include:

§ A series of measures to strengthen the Council’s  safeguarding of vulnerable adults

§ An ongoing review into the Council’s whistle blowing and harassment and bullying policies and

§ A wider review of the Council’s Corporate Governance (including a review of all fees and charges)

And notes that these measures are designed to ensure that the situations contained within the report could not be repeated in the Department of Adult Social Services or elsewhere across the Council.

Cabinet is also conscious of the fact that one of the criticisms in the report is that in Wirral Council the “abnormal has become normal”.

Cabinet therefore endorses the decision of the Leader of the Council to set up an Improvement Board, under the umbrella of the LGA, with external representatives from the LGA and elsewhere, including the author of this report, Ms Anna Klonowski, to ensure that any future decisions are taken on the basis of best practice rather than accepted Wirral practice.

Cabinet further endorses the decision to refer the Action Plan to be drawn up by the Chief Executive to this Improvement board for their Scrutiny and comment.

Cabinet also refers the Final Report to the Health and Well Being Overview and Scrutiny Committee for their Scrutiny and Comments.

Cabinet believes that this Final Report should be seen in tandem with the Martin Smith report into allegations of bullying and harassment and therefore believes it would be in the public interest to publish this report,  and refer it to the Special Council called to discuss the Final Anna Klonowski’s report, along with a separate report on HESPE which also arose from the actions of Whistleblowers and the Council’s response to those Whistleblowers.

Cabinet thanks Ms Klonowski for the detailed work that has gone into this Final Report and expresses its hope and belief that these findings can be used as a catalyst for major improvement and change.

It further hopes that this will allow the Council to move forward from this point to the provision of radically improved services and a much more open and transparent culture which welcomes and learns from criticism and responds rapidly to complaints or concerns at the earliest possible stage, preventing a situation like this from ever arising again.

Cabinet 12th January 2012 AOB – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 2


Before I write this up, I need to (to be ethical) state a raft of conflicts of interest as I have been overcharged by Wirral Council’s Social Services in the past in the time period around 2004-2005. However the money has since been refunded to me.

There are further many conflicts of interest I now have and to be ethical have to declare (what I can) about two of the four councillors named in the decision notices.

1) I am now a member of the Birkenhead Liberal Democrats and so are Cllrs Ann Bridson and Cllrs Pat Williams.
2) I have previously been a member of the Birkenhead Liberal Democrats and have are Cllrs Ann Bridson and Cllrs Pat Williams.
3) I am now a member of the North West Liberal Democrats and so are Cllrs Ann Bridson and Cllrs Pat Williams.
4) I have previously been a member of the North West Liberal Democrats and so have Cllrs Ann Bridson and Cllrs Pat Williams.
5) I am now a member of the Liberal Democrats and so are Cllrs Ann Bridson and Cllrs Pat Williams.
6) I have previously been a member of the Liberal Democrats and so have Cllrs Ann Bridson and Cllrs Pat Williams.
7) I have previously been a member of the Wirral West Liberal Democrats and so has Cllr Ann Bridson.
8) Although, not at the time of writing I have in the past been elected as a political party office holder for both the Birkenhead Local Party and Wirral West Liberal Democrats at the same time as Cllrs Ann Bridson with respect to Birkenhead and Wirral West and Cllrs Pat Williams with respect to Birkenhead. These positions were:-

a) past office holder of the Birkenhead Liberal Democrat Constituency Executive at the same time as Cllrs Bridson and Cllrs Williams
b) past office holder as Federal Conference representative (Birkenhead Local Party) at the same time as Cllrs Bridson and Cllrs Williams
c) past office holder as North West regional conference representative (Birkenhead Local Party) at the same time as Cllr Bridson
d) past office holder as North West regional conference representative (Wirral West Local Party) at the same time as Cllr Bridson

I am also have two further undisclosed interests of Cllr Bridson and one of Cllr Williams. I’m not willing at this point to declare what these are, just to state they exist. I have delayed writing this report of the Cabinet due to the need to read the report and appendices which total 529 pages.  The following documents were published on Wirral Council’s website for this agenda item.

Report of Chief Executive (14 A4 pages)

Appendix 1 AKA Final Report (249 A4 pages)

Appendix 2 Martin Smith report by North West Employers into claims made by Martin Morton (276 pages)

Appendix 4A (Standards for England Decision Notice) Cllr Pat Williams (1 A4 page)

Appendix 4B (Standards for England Decision Notice) Cllr Moira McLaughlin (1 A4 page)

Appendix 4C (Standards for England Decision Notice) Cllr Denise Roberts (1 A4 page)

Appendix 4D (Standards for England Decision Notice) Cllr Ann Bridson (1 A4 page)

There are also the draft minutes are on Wirral Council’s website. There is also more information that has been known to us for some time in this matter which involves some of the Appendices to the AKA Final Report.

I have previously written about Appendix 9 here.

Black Boxes – Anna Klonowski – Appendix 9 – Notes of the Charging Policy Working Group 22/8/2005


STRICTLY CONFIDENTIAL  - NOT FOR PUBLICATION

Appendix 9

Notes of the Charging Policy Working Group

Charging Policy Consultation

Notes of a meeting held on 22nd August 2005

Westminster House, Birkenhead

Present

XXXXXXXXXXXX(older people’s representative)

XXXXXXXXXX(service user/carer representative)

XXXXXXXXXXXX(service user/carer representative)

A representative of Wirral MIND gave apologies

XXXXXXXXXAdvocacy Services

Councillor Pat Williams(Lib Dem)

Councillor               (Lab)

Councillor            (Con)

XXXXXXXXXX(Assistant Director Finance & Support Services)

XXXXXXXXXXX(Business & performance Manager)

XXXXXXXXXX(Client Financial Services Manager)

Purpose

The purpose of the meeting was to consult with party spokespersons and a number of representatives of users and carers on Wirral’s charging policy for social care services delivered to people in their own homes. It is intended the outcome of this and other consultations will be presented to the Health and Social Care Select Committee prior to recommending to Cabinet any revisions to the Charging Policy as directed by Cabinet in March 2005.

Process

XXXXXXXXX (XXX) gave a presentation (attached) which outlined the type of services the Council charges for and how they are calculated. The presentation

STRICTLY CONFIDENTIAL – NOT FOR PUBLICATION

55

STRICTLY CONFIDENTIAL – NOT FOR PUBLICATION


went on to explain why the Council believed the changes to the policy were necessary and what options might be considered.

The Group asked questions during the presentation and these are recorded in the attached table. The Group did not intend to make any specific recommendations to Council but agreed to review these notes and make subsequent representations as were considered appropriate.

It was recognised that not all client groups were adequately represented and XXX gave assurance there would be other processes to ensure as many people as possible were consulted prior to Cabinet making a decision on future charges.

STRICTLY CONFIDENTIAL  - NOT FOR PUBLICATION

56

Cabinet 12/1/2012 Part 1 DASS overcharging, North West Tonight, Martin Morton etc


It seems issues discussed at last night’s Cabinet meeting made the top story on the North West news last night. In case you missed it (and sadly it’s only available on iPlayer for a short while after) I’ve got the relevant clip uploaded to Youtube which you can view below. Thanks go to the BBC for giving this issue coverage to a wider audience than those that go to Wirral Council Cabinet meetings. So what do people think about how people came across?

Standards Committee 29/9/2011 Part 14 Urgent Business – Correspondence Received by the Chair


Continued from Standards Committee 29/9/2011 Part 13

Cllr Chris Blakeley said it “needs more than five minutes to understand the ramifications” and asked when the next meeting was.
The answer given by Mrs. Shirley Hudsepth was the 30th November [2011].

Cllr Les Rowlands said there were no time issues.
Cllr Chris Blakeley said this needed to be conveyed to Mr. Morton.
Cllr Dave Mitchell said it was not fair on councillors.

Surjit Tour said the process was explained in the middle of August. However the letter had been delivered on the eve of the committee. The process had been communicated to individuals in the middle of August. There had been delay, Standards for England had decided in the middle of August (17th August).

Cllr Chris Blakeley said he was happy to consider it if he had the time to read it and digest it and give him justice.

The Chair Brian Cummings asked if everyone wanted a copy?

Surjit Tour said they should consider whether to make it exempt or not.

RESOLVED:  That Mr Morton’s correspondence be considered at the next meeting of the Committee scheduled for 30 November 2011 and he be informed of this decision.

The meeting finished.