What was a £30,507.67 ex-gratia payment made by Wirral Council for?
What was a £30,507.67 ex-gratia payment made by Wirral Council for?
Each month Wirral Council publishes a monthly list of all payments over £500 made to suppliers and agencies and a particular entry from January 2015 caught my eye.
A £30,507.56 payment was made on the 30th January 2015 to a firm of solicitors called Jackson & Canter. So what you might say, doesn’t Wirral Council seek legal advice quite often?
It was the description of the payment that caught my eye as it was down as “Ex-Gratia Payments”. So what is an ex-gratia payment? Well it’s probably a voluntary payment to a former employee, by Wirral Council without Wirral Council admitting liability.
Back in April 2012 councillors agreed that “all Compromise Contracts except those to settle litigation and those requiring a payment of £30,000 or less” would be decided by councillors instead of officers. In addition to this a report on compromise contracts agreed was supposed to be brought to each meeting of the Employment and Appointments Committee.
So, what’s this payment of £30,507.56 for (and let’s hope it’s not to pay someone to keep quiet about something)? Should councillors have agreed to it? Have constitutional changes made to Wirral Council’s constitution since 2012 meant that what was agreed by politicians 2012 is no longer the case and officers have the final say on such matters (if so when did that change get made and does it overrule what Council agreed)? If the payment was made to a senior officer (or a former senior officer) is there a public interest in the public knowing who it was made to?
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Will Wirral Council’s Cabinet decide to close Lyndale School on the 31st August 2016?
Will Wirral Council’s Cabinet decide to close Lyndale School on the 31st August 2016?
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
One of the things I’ve mulled over the past few days are the papers published for the special Cabinet meeting on Thursday 17th December. Due to the volume of paperwork to do with this item, this small piece can’t do justice to the matter so I suggest you read the paperwork for that agenda item on Wirral Council’s website in full.
Sadly for Tranmere Rover’s fans (issues to do with the training ground are agenda item 4) it is agenda item 3 (Report Detailing the Outcome of the Representation Period about the Proposed Closure of The Lyndale School) and its six appendices that is the subject of this piece.
I will probably request an internal review of the Freedom of Information Act request later today as Wirral Council (due to the redactions) have not supplied me with the consultation responses as much information is missing and they haven’t given a reason under the Freedom of Information Act legislation as to why.
I also have put in a request for a question to Cllr Tony Smith at next Monday’s Council meeting (to which I’ll get a supplementary question), the question (that I emailed in on the 4th December 2014) is this:
This is my question for the Council meeting on the 15th December 2014 to Cllr Tony Smith (Cabinet Member for Children and Family Services).
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Wirral Council recently had a four-week consultation on the closure of the Lyndale School in Eastham and there will be a special Cabinet meeting later this month on the 17th December 2014.
Can you please answer:
(a) how many responses were received by Wirral Council to the latest four-week consultation on closure of the Lyndale School,
(b) whether the text of the responses to the latest four-week consultation will be published in full (rather than a summary in a Cabinet report) and if so when,
(c) whether all Cabinet Members making a decision on the 17th December 2014 will in advance of making a decision at the meeting of the 17th December 2014 have read all the written consultation responses to the four-week consultation on closure prior to making their decision on the 17th December 2014
and
(d) whether all Cabinet Members making a decision on the 17th December 2014 will in advance of making a decision at the meeting of the 17th December 2014 have read the statutory guidance for decision makers on this matter issued earlier this year by the government which is available online?
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Obviously parts (a) and (b) have been answered by the Cabinet papers being published. Hopefully in answer to (c) he will give the answer that he and the other Cabinet Members will find the time between now and the Cabinet meeting on Thursday evening to read the 99 pages of consultation responses and in answer to (d) the 76 pages of statutory guidance.
The current recommendation from officers is that the school is not closed on the 31st December 2015, but is closed on the 31st August 2016 instead.
There are many matters I could write here about the decision to be made, however I will make these points. If I remember correctly Wirral Council’s constitution in Article 13 (principles of decision-making) specifically Article 13.2 states that when reaching decisions councillors (bear in mind Council here also means decisions made by Wirral Council’s Cabinet) that:
“All decisions of the Council will be made in accordance with the following principles:
(a) proportionality (i.e. the action must be proportionate to the desired outcome);
(b) due consultation and the consideration of professional advice from officers;
(c) respect for human rights;
(d) a presumption in favour of openness;
(e) clarity of aims and desired outcomes; and
(f) Wednesbury reasonableness (i.e. the decision must not be so unreasonable that no reasonable Council could have reached it, having taken into account all relevant considerations, and having ignored irrelevant considerations). ”
Some interesting points I wish to make here, only the professional advice from officers needs to be considered. If officers are for example giving amateurish (not professional) advice or have flat out got things wrong it doesn’t need to be factored into the decision.
The consultation responses have been redacted heavily but the advice of officers hasn’t.
What are the clear aims of closing down the Lyndale School (on whatever date)?
Bearing in mind they have a legal duty, that is they must pay regard to the statutory guidance at all stages of the decision-making process on closing the school (for example at the earlier Cabinet meetings, the Council meeting, the Coordinating Committee meetings) as the statutory guidance (published in January 2014 and presumably there was earlier guidance before this) hasn’t been included on the agenda until now can that actually be proved for the earlier decisions that led to this?
Have all the human rights considerations been properly considered? There are matters beyond what I’ve written here that I may bring up in my supplementary question on Monday evening.
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I am writing to you in your capacity as the auditor for Wirral Council.
Last Friday I received a series of emails from Wirral Council’s Head of Legal and Member Services Surjit Tour about a comment left by an individual on a blog I write about Wirral Council. The comment made was about Graham Burgess (Wirral Council’s Chief Executive) and was in relation to his invitation to some Wirral Council councillors offering them tickets to the Open Golf Championship.
The first email from Mr. Tour contained the lines “This is clearly a serious matter and I formally request that you immediately remove the email and the associated commentary concerning this subject matter from your blog.
The Council would prefer to avoid taking action in respect of this entry; however, I must put you on notice that the Council will have little alternative but to consider alternative action should you refuse or fail to remove this entry from your blog forthwith.”
It transpired later that the email was genuine (despite Mr. Surjit Tour first claiming it wasn’t).
The Local Authorities (Indemnities for Members and Officers) Order 2004 prevent local authorities providing insurance or indemnities to officers (or councillors) to start libel cases. However in this case Wirral Council’s Head of Legal and Member Services seemed to be making a threat of exactly that on behalf of Wirral Council’s Chief Executive Graham Burgess.
Other people have noticed comments about Wirral Council officers have disappeared from the local newspaper website (Wirral Globe), therefore I would like you to investigate and respond to the following questions please:
2. Why are the resources of the authority being used to make such threats when Wirral Council is barred in law from starting such a claim in the courts?
4. If there is any indemnity or insurance provided to officers (or councillors) has this been agreed by councillors and if so when?
5. How many times over the last 12 months have the media (whether print, broadcast or online) received communications from Wirral Council threatening legal action unless they remove content?
Yours sincerely,
John Brace
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Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”
Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”
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Near the end of the last Council meeting, after most people in the public gallery had left, Council decided to remove the guillotine (had they not done so it would’ve meant going straight to a vote on the motion and amendment without any speeches) for the movers and seconders of the motion on the Improvement Board and the movers and seconders of the amendment on that motion. If you’re not familiar with the conventions of how politicians are referred to in the language of Wirral Council just substitute Members in her speech for councillors.
Cllr Pat Williams (as the seconder of the Lib Dem amendment) made a speech on Wirral Council’s “improvement journey” (a phrase I dislike but couldn’t think of anything better) which can be heard starting at 3:58 on the video clip above.
Cllr Pat Williams (Deputy Leader of the Liberal Democrat Group): Thank you Mr. Mayor. I know it’s the spirit of peace and goodwill but in my opinion the Notice of Motion is too congratulatory and ignores the views expressed at the public meeting on the Improvement Board.
Quite clearly there are still unresolved issues of ongoing concern to the public. There is also a lack of personal accountability for the numerous errors of judgement made by officers and councillors during the period which led to the involvement of the Improvement Board.
To be proud of the quickness of the improvement of any Council in the country is seen as a badge of honour. The fact that this Council was in such a dreadful situation that there was a need for the Improvement Board’s involvement seems to be just accepted without any humility or shame.
Of course any improvement is welcome and to be fair to certain people and Members of the Council, particularly newer Members I don’t doubt their sincerity in wishing that Council becomes an outstanding Council.
However some longer established councillors are going to take some time to be convinced that Wirral Council is on the right track and is going to be willing to keep on the right track and that lessons have been learned by those who got us into the mess in the first place.
Labour encouraged Members to fully engage in the policy and performance committees and visioning events. The committees I believe in part are too big, particularly the Family and Wellbeing Committee and have far to wide an area of responsibility to allow full engagement in monitoring what is going on in various service areas.
The scrutiny reviews which are going to be undertaken have been interesting and very worthwhile. Hopefully they will influence future policy making. However to be done properly, they are very time consuming. In the meantime the ongoing work of the Council is not in my opinion being properly monitored.
The need for much more improvement is necessary. It must not be forgotten that Council exists to serve the people of Wirral. It is so easy to get bogged down in policies and procedures, but if they are not in the best interests of the people that they represent they are not worth the paper they are written on.
And of course Mr. Mayor, we must always consider the well being of staff and ensure that they are treated fairly through this period of ongoing change so that we can all work together to everyone’s mutual benefit.
I would say to the Administration “Good try, but could do better” and we’ll look for more improvements for when the Improvement Board come back and see has actually been achieved. Thank you.
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