Strange: Why proceed with a consultation on closing Lyndale School when the reason for closing it no longer exists?

Strange: Why proceed with a consultation on closing Lyndale School when the reason for closing it no longer exists?

Strange: Why proceed with a consultation on closing Lyndale School when the reason for closing it no longer exists?

                                         

The Cheshire Cat from Disney's Alice in Wonderland (the 1951 version)
The Cheshire Cat from Disney’s Alice in Wonderland (the 1951 version) which seemed about the only image that seemed ideal for this story about Lyndale School and Wirral Council

First, if you’ve been away on holiday the past two months a recap on what’s happened so far in a saga that’s seems to quickly becoming as complicated as the plot to the Lord of the Rings.

It starts with a proposal to Wirral Council’s Cabinet by Wirral Council officers to consult on closing Lyndale School. At the same meeting Wirral Council’s officers also proposed introducing a new system for funding “high needs” students where from 2014-15 extra funding to schools would be determined by which one of five bands that school’s pupils were categorised as being in. There was an emotional plea made to councillors on the Cabinet by Dawn Hughes (who has a child at the school) not to agree to consult on closure of Lyndale School (which was reported on this blog). However Labour councillors on Wirral Council’s Cabinet decided to both agree to consult on closing Lyndale School and also the banding proposals too.

It’s important at this stage to state the reasons given back in January for consulting on closing Lyndale School by Wirral Council officers, which are detailed both in the minutes and the report.

Here are some quotes from the report (although at this point in time some of these purported facts have been found to be factually incorrect).

“The closure of the Lyndale School is proposed for consideration because the viability of the school is compromised by its small size and falling roll, which both contribute to a difficult financial position.”

“In 2013-14 the school has set a budget for the year based on School Funding of £761,733 with a small deficit of £3,647. This was achieved using all accumulated balances brought forward of £51,707. The latest position indicates there will be deficit at the year end of £15,667. This has resulted from changes in staff costs and support services.”

“In 2014-15 the school forecast, before any corrective action, is that there would be a deficit of £72,000. This deficit has the potential to increase to in excess of £232,000 based on the numbers of children currently on the school roll.”

“This means that for 2014-15 the shortfall the school may experience will be approximately £72,000 for the year based on the number currently on school roll. This is approximately 9% of their budget.”

What this report in January didn’t mention at all (which was a pretty glaring omission at the time although a report to the same meeting did mention it but that other report didn’t specifically refer to Lyndale School) was this was all dependent on the assumption that Wirral Council would have its application to the government that the minimum funding guarantee of 98.5% wouldn’t apply to it approved. The minimum funding guarantee is a legal requirement on Wirral Council found in Regulation 19 of The School and Early Years Finance (England) Regulations 2013 not to reduce funding to a school for its 2014-15 financial year (based on its 2013-14 budget allocation) by more than 1.5%. However the regulations allow the Secretary of State for Education to agree to requests from local councils to a different minimum funding guarantee.

Wirral Council did at some point make an application to the Education Funding Agency for the minimum funding guarantee of 98.5% not to apply to it in 2014-15 (although I’m waiting for this Freedom of Information Act request to the Education Funding Agency to be answered as to the details on that). On the 27th January 2014 Cllrs Tom Harney, Phil Gilchrist, Jeff Green, Ian Lewis, Cherry Povall and Pat Williams called in the two Cabinet decisions.

These two decisions then went to the Coordinating Committee meeting of the 5th February 2014 to be looked at again. However the Coordinating Committee didn’t have the required parent governor representatives and Diocesan Body representatives that they were required by legislation to have when making decisions on educational (or school) related matters. So the meeting of 5th February 2014 was adjourned and a recommendation made to the Council meeting on the 25th February 2014 so that the parent governor representatives and Diocesan body representatives could be added to the Coordinating Committee. This was agreed at a meeting of the full Council on the 25th February 2014.

While all this was going on, the Cabinet made its recommendation on the 2014-15 Schools Budget to Council on the 12th February 2014 and Council agreed the Schools Budget on the 25th February 2014 (including matters that were yet to be decided because of the adjourned Coordinating Committee meeting). The issue of the upcoming call ins was raised at the Cabinet meeting and councillors were told that there was a contingency (of £908,900) included as part of the Schools Budget which would mean that whatever the outcome of the call ins were that it could still be funded.

On the 27th February the Coordinating Committee met again to consider the two call ins on the decision to consult on closing Lyndale School and the banding proposals.

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Video of the Coordinating Committee on the 27th February to consider the Lyndale School consultation closure call in (adjourned from the Coordinating Committee on the 5th Feburary).

On both matters the draft minutes state that a majority of the councillors plus the parent governor representative present who had a vote, voted to uphold the original Cabinet decisions. It’s worth pointing out that on the Lyndale School closure consultation decision the Conservative councillors proposed instead a review (which was voted against by nine votes to six). On the banding proposals the Conservative councillors proposed the following motion “We would like to seek assurance that the required contingency funding is in place to top up the special educational funding to ensure that the level of funding required for the best care and education is provided for all children” (which was lost by seven votes for the motion and eight against).

The votes on the Labour councillor’s recommendations to uphold the two original Labour Cabinet decisions were on the Lyndale School consultation closure decision nine votes to six (the Labour councillors plus the Lib Dem councillor Cllr Alan Brighouse voted in favour of a consultation on closure whereas the Conservative councillors and parent governor representative voted against). The vote on a recommendation by Labour councillors to uphold the Labour Cabinet decision on the banding proposals was won by a narrower margin of eight votes to seven (the Labour councillors voted for it with the Lib Dem councillor, Conservatives and parent governor representative being opposed to it).

So, what’s new? Well unfortunately I had to go (and as the first call in on consulting closing Lyndale School had taken three and half hours had run out of tape anyway) after the first decision over the Lyndale School closure consultation decision. So I’ve only found out what happened at the second part of the meeting by reading the draft minutes of that meeting were available at last Thursday’s Cabinet meeting.

Here is what the draft minutes state about the minimum funding guarantee. My comments are in italics underneath.

The first quote is about the explanation of the banding proposals decision by the Cabinet Member Cllr Tony Smith.

“Basically, the report had dealt with the banding model and informed how top ups would be made. The Committee noted that the minimum funding guarantee was now more affordable, therefore the application for an exemption from this requirement had been withdrawn.”

Well that’s a revelation isn’t it? When did Wirral Council withdraw its application for an exemption from the minimum funding requirement? The minimum funding guarantee was always “affordable” as there was a contingency (in case the application for a minimum funding guarantee exemption was turned down of £908,900). Wirral Council also gets for 2014-15 an Special Educational Needs Reform Grant of £364,135 (see here for the details) which according to the letter linked to the government state that Wirral Council can “choose how to spend the money in order to best meet local need”.

Then this in the draft minutes from the evidence of the Vice-Chair of Governors at Lyndale School (and Chair of their Finance Committee) Ian Harrison.

“Mr Harrison informed that the Lyndale School now had a surplus forecast for 2013/14. It was going to get the minimum funding guarantee. There would be a small surplus in 2014/15.”

So if the original reason for consulting on closing Lyndale School was that an officer (or officers) at Wirral Council thought it wouldn’t have enough money, but the minimum funding guarantee exemption request has been withdrawn so that Lyndale School is now projecting a surplus (at least for 2014/15), why is Wirral Council going to the trouble of a twelve week consultation on closing the school?

“Members then asked Mr Harrison some questions which he answered as appropriate. It was noted that:

  • The Cabinet had received an early estimate rather than one at the end of the period when it would have been more realistic.”

Perhaps councillors were too polite to suggest that the Cabinet had based their decision on an estimate based on an assumption about the minimum funding guarantee (that is that the assumption that it would be approved and not withdrawn) which turned out not to be the case.

  • None of the special schools agreed with the formula that had been approved.

There are eleven special schools on Wirral (Hayfield, Clare Mount, Orrets Meadow, Gilbrook, Stanley, Elleray, Lyndale, Foxfield, Meadowside and Kilgarth). The 2014-15 budgets for each special school would have each been affected by the banding proposals. Had the minimum funding guarantee exemption application not been withdrawn, other schools could have been facing deficits (although Lyndale was the school most affected). The motion that was agreed on this item is stated in the draft minutes as “That the Committee upholds the Cabinet’s decision and it be ensured that consultation is meaningful, informed and transparent”. This is very unclear. Does that mean there’s going to be a consultation on the banding proposals or is it referring to the consultation to close Lyndale School?

So to summarise, Wirral Council officers thought there would be a large deficit in Lyndale School’s budget so recommended to the Cabinet that they should consult on closing the school. This decision was called in and during the call in it was discovered that Wirral Council’s application for an exemption from the minimum funding guarantee had been withdrawn. So now there’s a legal requirement that Lyndale School will get at least 98.5% of the amount they got in the previous year. As Lyndale School had looked into reducing costs of non teaching staff to reduce the original estimated large deficit, they now estimate a small surplus in their budget for 2014/15.

However Wirral Council is still going to carry out a twelve week consultation on closing the school based on an estimated deficit in Lyndale School’s budget that now can’t happen because the minimum funding guarantee of 98.5% is a legal requirement on Wirral Council.

How much is such a consultation, based on a guesstimate by officers (which ended up being wrong) going to cost? Bearing in mind the above, is it any wonder that people get confused by Wirral Council’s decision-making and politics? Am I missing something vital or is everything I’ve stated here correct?

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What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

                          

Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014
Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014

I notice that yesterday an item Outcome of Lyndale School Consultation was added to Wirral Council’s Forward Plan.

According to the detail provided the outcome of the consultation (which hasn’t started yet) will be considered at a meeting of Wirral Council’s Cabinet on 1st July 2014. However I don’t see it as possible for Wirral Council to comply with the timescales on this and I’ll explain briefly why.

The outcome of the consultation to close Lyndale School is classed as a key decision. Regulation 9 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 states that prior to making key decisions (see 9(e)) that Wirral Council has to publish “a list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which the key decision is to be made” (decision maker means the Cabinet) at “least 28 clear days” before the decision is made.

Clear days means the day it is published and the day of the meeting aren’t taken into account in the twenty-eight days calculation which means the last day this can happen is the 2nd June 2014 (there are provisions in the legislation where a decision can be made with less than 28 clear days notice if the decision is “urgent and cannot reasonably be deferred” but the agreement of the Chair of the Families and Wellbeing Committee would be needed for that). After the consultation finishes, as the report will have to mention what the responses to the consultation were, I estimate it would be reasonable to estimate a week for this to happen, a week off of 2nd June 2014 is the 26th May 2014.

The original report to Cabinet on the consultation back in January 2014 stated that there would be a twelve week consultation following a consultation document being published. Take twelve weeks off of 26th May 2014 and you get a date of 3rd March 2014 (which has already happened and was nearly two weeks ago).

The call-in meeting of the Co-ordinating Committee made its decision on the 27th February 2014 and according to Wirral Council’s constitution as the Co-ordinating Committee upheld the original two Cabinet decisions that were called in, the decision to consult on closure should’ve been implemented at this point. Instead it was put on the agenda of the Cabinet meeting of 13th March 2014, with the agenda stating that the Coordinating Committee had made recommendations to Cabinet (which it hadn’t done as the Coordinating Committee had upheld the original Cabinet decisions of the 16th January and not made any recommendations to Cabinet).

So I don’t understand how it’s possible (as the twelve week consultation hasn’t started yet) how on earth Wirral Council will manage to bring a report on it to the Cabinet meeting of the 1st July considering the above timescales.

The agreed calendar of meetings shows that the next Cabinet meeting scheduled following the 1st July is the 11th September. This of course doesn’t rule out a special Cabinet meeting on this matter in mid-July, however as the schools break up for their summer break around this time it wouldn’t be best to hold it at this time.

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Cabinet takes 38 seconds to consider Lyndale School call in minutes and 10 councillors fail to mention at least 4 factual errors in them

Cabinet takes 38 seconds to consider Lyndale School call in minutes and 10 councillors fail to mention at least 4 factual errors in them

Cabinet consider Lyndale School call in minutes in 38 seconds,10 councillors fail to mention at least 4 factual errors

                             

Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014
Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014

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Wirral Council’s Cabinet considers the draft minutes of the call ins on consulting on closing Lyndale School and how special education needs funding is allocated starting at 9:10 in the video above and finishing at 9:48 (a total of thirty-eight seconds on a matter on which 6,440 people signed a petition

We have left undone those things which we ought to have done;
And we have done those things which we ought not to have done;

I rarely refer to religion on this blog (which is about politics) as although we don’t have the kind of constitutional separation of church and state that a country like America does, religion rarely features in Wirral’s politics. I was raised up a Catholic but for many years was an organist (until sadly I broke my wrist in two places) at St. James’ church. The quote above is from the Anglican General Confession which I heard many times over the years. There also a bit in it that says “We have erred, and strayed from thy ways like lost sheep. We have followed too much the devices and desires of our own hearts” which some would say sums up why things went so pear-shaped at Wirral Council. However this blog post (much as it might be more interesting to write such a piece) isn’t going to be a fire and brimstone opinion piece or about whether making immoral decisions puts the immortal souls of politicians in jeopardy.

So moving on to things that Wirral Council has done which it ought not to have done and the things it should have done but didn’t. Yesterday’s Cabinet meeting had at agenda item 15 an item described on the agenda in this way:

Recommendations from Policy and Performance Coordinating Committee – 27 February 2014

The Cabinet is requested to consider recommendations from the Policy and Performance Coordinating Committee held on 27 February 2014, in respect of the following call-in notices:-

  • Cabinet 16 December 2013 (Minute 129) – Report Seeking Approval to Consult on the Closure of The Lyndale School
  • Cabinet 16 December 2013 (Minute 140) – Proposals for Changes to School Top Up Payments for Students with High Needs

Minutes to follow”

Now in the “bad old days”, when Wirral Council officers wanted politicians not to thoroughly scrutinise something it would be handed out on the night of the meeting itself and not included with the reports published on the Council’s website a week before the meeting or with the papers sent out to people on that committee.

I did see Cllr Tony Smith ask for (and receive) a copy of the draft minutes in the minutes before the Cabinet meeting started. Councillor Phil Davies said that the Cabinet had been given the draft minutes given to them “this evening” but would any councillor have had the time to read twenty-one pages of minutes before getting to agenda item 15?

“We have left undone those things which we ought to have done”

So why am I going on about all this? It’s unlawful to do things this way and yet politicians (and officers) seem to either in total blissful ignorance about this or do know and are deliberately keeping quiet.

The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 is a law that govern how Wirral Council’s Cabinet meeting is supposed to do things and regulation 6 and 7 are relevant to this particular situation. Oh and this law has been in effect since 10th September 2012. Decision-making body refers to Cabinet and local authority to Wirral Council. I’ve put in bold the particular bits that apply here.

Procedures prior to public meetings

6. (1) The decision-making body must give notice of the time and place of a public meeting by displaying it at the offices of the relevant local authority and publishing it on that authority’s website, if it has one—

(a) at least five clear days before the meeting; or
(b) where the meeting is convened at shorter notice, at the time that the meeting is convened.

(2) An item of business may only be considered at a public meeting—

(a) where a copy of the agenda or part of the agenda including the item has been available for inspection by the public as required by regulation 7 for at least five clear days before the meeting; or
(b) where the meeting is convened at shorter notice, a copy of the agenda including the item has been available for inspection by the public from the time that the meeting was convened.

7. (1) Subject to paragraph (2), a copy of the agenda and every report for a meeting must be made available for inspection by the public—

(a) at the offices of the relevant local authority; and
(b) on the relevant local authority’s website, if it has one.

(2) If the proper officer thinks fit, there may be excluded from the copy of any report provided pursuant to paragraph (1) the whole, or any part, of the report which relates only to matters during which, in the proper officer’s opinion, the meeting is likely to be a private meeting.

(3) Any document which is required by paragraph (1) to be available for inspection by the public must be available for such inspection for at least five clear days before the meeting except that—

(a) where the meeting is convened at shorter notice, a copy of the agenda and associated reports must be available for inspection when the meeting is convened; and
(b) where an item which would be available for inspection by the public is added to the agenda, copies of the revised agenda and any report relating to the item for consideration at the meeting, must be available for inspection by the public when the item is added to the agenda.
(4) Nothing in paragraph (3) requires a copy of the agenda, item or report to be available for inspection by the public until a copy is available to members of the decision-making body concerned.

(5) Where by virtue of paragraph (2) the whole or any part of a report for a public meeting is not available for inspection by the public—

(a) every copy of the whole report or of the part of the report, as the case may be, must be marked “not for publication”; and
(b) there must be stated on every copy of the whole or the part of the report—
(i) that it contains confidential information; or
(ii) by reference to the descriptions in Schedule 12A to the 1972 Act, the description of exempt information by virtue of which the decision-making body discharging the executive function are likely to exclude the public during the item to which the report relates.
(6) Except during any part of a meeting during which the public are excluded, the relevant local authority must make available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.

(7) Subject to regulation 20, following a request made by a member of the public or on behalf of a newspaper and on payment being made of postage, copying or other necessary charge for transmission, a relevant local authority must supply to that person or newspaper—

(a) a copy of the agenda for a public meeting and a copy of each of the reports for consideration at the meeting;
(b) such further statements or particulars, as are necessary to indicate the nature of the items contained in the agenda; and
(c) if the proper officer thinks fit in the case of any item, a copy of any other document supplied to members of the executive in connection with the item.
(8) Paragraph (2) applies in relation to copies of reports provided pursuant to paragraph (6) or (7) as it applies in relation to copies of reports made available for inspection pursuant to paragraph (1).

In fact Cllr Phil Davies (the Chair of the Cabinet meeting) referred to the draft minutes during the Cabinet meeting itself as Cabinet agreed to note “the report”.

“And we have done those things which we ought not to have done;”

Moving onto the actual draft minutes of the meeting on the 27th February to consider the Lyndale School call in, there are many factual inaccuracies in these minutes, which if the above procedure had been followed, both politicians and the public would have had a chance to spot these in advance of the Cabinet meeting.

These draft minutes are now on Wirral Council’s website.

The first error starts even with the list of who was present. A Councillor “A McLaughlin” is incorrectly listed as present which should be “M McLaughlin”. Three years ago when Cllr Moira McLaughlin was Mayor, her daughter Anna McLaughlin was Mayoress but that’s the only A McLaughlin I am aware of.

Moving onto page 2 the draft minutes state in relation to the procedure for the call-in “This procedure had been agreed and adopted by the Committee for this purpose at its meeting on 24 June 2014. (Minute No. 4 refers.)”

As the observant among you will have noticed a meeting on the 24th June 2014 can’t have happened yet! This is wildly inaccurate. Firstly the meeting it’s referring to is the one on the 24th June 2013 which decided “That the procedure be agreed and adopted for managing the present call-in, in relation to the LGA Annual Conference and Exhibition.”, therefore the decision on 24th June 2013 was about a previous call in, not the ones about Lyndale School and how funding is allocated to schools.

Secondly when the call in meeting started on 5th February agenda item 3 was “Procedure for considering a decision that has been called in” which also stated on the agenda of that meeting “The procedure to be used when considering a decision that has been call in is attached. This procedure was agreed by the Committee at its meeting on 3 July 2013 (Minute No. 4 refers).”

On the 3rd July 2013 the Coordinating Committee did agree meeting procedure rules (which then went on to be part of Wirral Council’s constitution) about call ins.

However, moving on… dates and years do seem to be a particular problem. In the bit about the reasons for the call in it’s stated in the last bullet point

  • The resolution of the Council of February 14 2010 and the work done by the Local Authority following this have not been referred to, not even mentioned. This should have formed the context for the present decision.

There wasn’t a Council meeting on the 14th February 2010, this was in fact a Sunday. It should be February 14 2011 and refers to this resolution following a large petition signed by 1,874 people.

Three paragraphs later things are getting confused again, “Councillor Harney reminded the Cabinet that at its meeting on 14 February 2014 the Council had received a petition from the Lyndale School of 1874 signatures asking the Council to develop, as a matter of urgency, a consistent and coherent policy for children with profound and multiple learning difficulties.”

Firstly the date of 14 February 2014 should read 14 February 2011. It’s also written in a misleading way that could imply he was referring to a Cabinet meeting on the 14th February 2014 (when it wasn’t, he was referring to the Council meeting of the 14th February 2011). Although a Cabinet Member (Cllr Tony Smith) was present at the Coordinating Committee meeting to decide on the call ins, Cllr Tom Harney wasn’t reminding the Cabinet, he was reminding the Coordinating Committee.

Moving to Cllr Tony Smith’s explanation of the decision the draft minutes state “Councillor Tony Smith informed that under the Education Act 1996, the local education authority had a statutory duty to ensure that there were sufficient school places in its administrative area and with fair access to educational opportunity to promote the fulfilment of every child’s potential. To do this any future plans had to consider the educational benefits for children, value for money, and the ways schools could develop collaborative practice in the best interest of children.”

Now the way that is written it sounds like Cllr Tony Smith is stating (or at least its implied) that the Education Act 1996 means there’s a legal requirement under this act on Wirral Council to consider value for money. The only reference to value for money in the Education Act 1996 was to Section 23 which did originally refer to local Councils conducting value for money studies on grant maintained schools. However this provision was repealed in November 1999 and anyway Lyndale School is not a grant maintained school. Grant maintained schools was the term used between 1988 and 1998 for a school that had opted out of local government (which in Wirral’s case is Wirral Council) control and instead got their grant directly from central government.

Councillor Smith then goes on in the minutes to describe the “Place plus” system. This (for the financial year referred to) is determined by the The School and Early Years Finance (England) Regulations 2013. However what’s missing from the minutes and is a point that’s very important to mention in all this is the legal requirement on Wirral Council under regulation 19 in respect of the minimum funding guarantee. In a nutshell this legal requirement means that what Wirral Council give a school to spend on education in 2014-15 can’t be less than 98.5% of what they gave them to spend on education in 2013-14.

There is however a caveat in the regulations, part (4) of Regulation 19 states “(4) A local authority may make changes to the operation of this regulation and to the operation of Schedule 4 in determining and redetermining budget shares where authorised to do so by the Secretary of State under regulation 25 (Alternative arrangements).”

As far as I know Wirral Council have asked the Department for Education for an agreement that the the minimum funding guarantee requirements don’t apply to them, but I don’t know if they have received a response back yet (although the Schools Budget for 2014-15 makes the assumption this consent is given).

Over three weeks ago I made this Freedom of Information Act request to the Education Funding Agency for details of Wirral Council’s application to the Education Funding Agency for permission that the minimum funding guarantee doesn’t apply and the Education Funding Agency’s replies to Wirral Council. I expect a reply to my Freedom of Information Act request in the next week.

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Cllr Phil Gilchrist is this year’s recipient of the Andy Day Memorial Cup

Cllr Phil Gilchrist is this year’s recipient of the Andy Day Memorial Cup

Cllr Phil Gilchrist presented with Andy Day memorial cup by the Mayor of Wirral

Cllr Phil Gilchrist presented with the Andy Day Memorial Cup by the Mayor of Wirral at a meeting of Wirral Council

Cllr Phil Gilchrist is this year’s recipient of the Andy Day Memorial Cup

                          

In awarding the cup the Mayor of Wirral said during a meeting of the Council on Monday, “As this is my last full Council meeting,it falls upon me to present the Andy Day memorial cup. I’ve been very impressed by lots of councillors throughout the year, the amount of work that they do as councillors but also throughout their community. I’ve struggled over the last few days to select a particular Member who I believe is worthy of the cup and I’ve come to the conclusion that my nomination for the Andy Day Memorial Cup this year will be Councillor Phil Gilchrist.

The reason behind that is he’s a stalwart within my own particular ward. He’s taken up the mantle with myself being the Mayor this year and he’s taken on a lot more work than he would normally do. Outside of that I do know that he does an awful lot of work within the community. May I present the Andy Day Memorial to Councillor Phil Gilchrist.”

Cllr Phil Gilchrist said receiving the cup was “totally out of the blue”. Video of the cup being presented to Cllr Phil Gilchrist starts at 2:20 in the video below.

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Budget Council speeches from the three party leaders on Wirral Council

Budget Council speeches from the three party leaders on Wirral Council

Budget Council speeches from the three party leaders

                                                  

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Cllr Phil Davies’ (Labour Leader) budget speech starts at 6:27. Cllr Jeff Green (Conservative Leader) speech on the budget begins at 20:00 and carries on into the next video.

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Cllr Jeff Green’s (Conservative Leader) budget speech starts at 0:01. Cllr Phil Gilchrist’s (Lib Dem Leader) speech on the Lib Dem budget starts at 1:20.

Cllr Phil Davies said, “Thank you Mr. Mayor. Mr Mayor, we need tonight to set our budget for next year in perhaps the most difficult set of circumstances this Council has ever faced. Mr Mayor in his five years in power David Cameron will have cut funding to local government by 40%, by the end of 2016 this Council’s main revenue grant will have been cut by over 50% since 2010. This is a huge reduction and the government has hit the most disadvantaged areas the hardest, Mr Mayor this is a scandal.

The most deprived areas are shouldering the greatest reductions in government funding while some of the wealthiest areas will find themselves better off. Mr Mayor this financial year the Prime Minister’s own local authority of West Oxfordshire, one of the least deprived areas in the country actually received an increase in its spending power while some of our most deprived areas on Merseyside are dealing with the most significant reductions.

The consequences of this policy have been devastating. Local services decimated, massive job losses, councils predicting imminent bankruptcy, some actually saying that they may be unable to guarantee their ability to provide even statutory services and at a time when so many people are struggling with rapidly escalating energy bills, prices rising faster than wages and benefit cuts David Cameron is refusing to rule out cutting the top rate of tax yet again. This
affair is absolutely shameful.

If the last four years have taught us anything it’s surely that we need a government which governs for the many, not the few and in terms of local government we need a government that distributes funding in a fair way and a Secretary of State that treats hard working councils and councillors who do their best to serve their residents with respect not contempt.

Mr Mayor, when my party took over the administration of this Council in May 2012 we faced a hugely challenging set of circumstances. We inherited a set of bad budgets and bad debts culminating in a £17 million overspend inherited from the previous administration.

Government cuts of £109 million over three years cut off a third of our net revenue budget. Growing demand for many of our services as a result of demographic change, factors such as an aging population and an organisation with poor corporate governance, weak management and a silo mentality.

Mr Mayor, I’m proud that through the hard work of Members and officers supported by external experts on our Improvement Board Wirral is one of the fastest improving councils in the country and we’ve put the Council’s finances on a firm footing to such an extent that the latest financial monitoring statement from the Director of Resources reports that the Council has an underspend of £982,000.

Mr Mayor our approach to the budget setting has been to use our overarching goals attracting jobs and investment, protecting vulnerable people & communities and narrowing the gap in inequalities as our key priorities in shaping our budget. I am proud of the fact that we’ve listened to our residents in framing our budget proposals. The What Really Matters exercise we conducted last year, one of the largest consultations in the country genuinely influenced our decisions on budget options that we proposed to Council last December.

However I will not deny that we’ve had to make some difficult decisions £48 million of cuts this year, £27 and a half million next year. I’ve said many times that I did not come into politics to make cuts and if I was given a choice of course I would not wish to cut any services. However given that 85% of our incomes comes from central government we are in the invidious position of having to make these decisions in order to set a legal budget. But let me make one thing clear Mr Mayor in spite of what the opposition may say, responsibility for these cuts that we’ve had to make on this Council lies squarely at the door of this Tory/Liberal Democrat coalition government and the parties opposite should be ashamed of what they’ve done to Wirral and this country.

Mr Mayor if I can now turn to our budget proposals, I’m pleased there is consensus around at least a number of items in the Labour Budget. The £7.6 million of growth in measures to support older people, younger people with learning disabilities and adoptions and special guardians. £1 million to enhance early intervention, £2 million invested in upgrading Europa Pools, Guinea Gap and West Kirby. I’m pleased that we’ve been able to use £400,000 from the waste development fund to reinstate monthly cleansing of entries and I’m also pleased that we’ll be continuing our funding commitment to constituency committees over the next year.

I’m pleased that we’ll ensure the Williamson Art Gallery can operate while the action group which has been looking at new ways of delivering this valued facility and finalising its business plan and I’m also pleased at being able to provide reassurance that no funding will be withdrawn from school crossing patrols where agreement cannot be reached with schools.

With regard to our staff I’m pleased that we were able to maintain a generous voluntary severance scheme, I’m also pleased that under this Labour administration this Council became a living wage Council last year and I now want to go further and I want Wirral to become a living wage Borough.

Mr Mayor I think it’s a shame that yet again the Conservative Group in their amendment is attacking our staff by deleting the funding for full time trade union officials. I have said many times that trade unions play a vital role in achieving good industrial relations and working with trade unions in partnership is the sign of a progressive organisation.

Mr Mayor with regards to next year’s council tax I’m pleased to announce that we will freeze the council tax in 2014/15. Providing the government doesn’t change the rules we also aim to freeze the council tax in 2015/16. We’ve been able to do this because the government have been forced to change its policy in response to the lobbying that this Council and others that the freeze grant should be built into the base budget.

Well let me make it clear Mr Mayor the freeze grant of £1.3 million whilst welcome, pales into insignificance against the £120 million which this government has cut from Wirral Council’s budget and if the government is really serious about helping councils like Wirral they should reimburse the lion’s share of this £120 million.

Mr Mayor, the council freeze will I believe will help all residents of the Borough. We will not impose an extra burden on council tax payers, hopefully for the next two years. We will continue to provide a discount to the vast majority of pensioners and we are putting £300,000 into the budget to ensure the poorest in our communities don’t pay more following the government’s disgraceful cut to council tax benefit.

Mr Mayor, these measures are important, but in contrast to the Tory amendment which proposes a series of largely short-term one off spending commitments, this administration is also proposing a £1.5 million house building program funded by a mixture of in year underspends and borrowing to kick start housing in those areas of the Borough which have lost out after the housing market renewal program was so callously cut by a stroke of Eric Pickle’s pen, an absolute disgrace.

Mr Mayor, the leader of the opposition is wrong to claim that Magenta Living could fill this gap. Official projections indicate we need to build around about six hundred new houses each year for the next five years. Magenta’s program will only be sufficient to meet a small proportion of this need and much of their new build will be a need to replace units that they have demolished.

Our program will generate a hundred new homes with the potential for substantially more. It will benefit future generations of residents long after this budget has been passed. It will create a significant number of new jobs and apprenticeships for our young people, most importantly because we know there is a strong link between good housing and good health it will contribute to reducing the gap in life expectancy, a key problem which has blighted Wirral for far too long.

Mr Mayor, in conclusion given the background I outlined earlier, this has been perhaps the most difficult budget I’ve been involved in setting. I would remind Council we still have a huge financial challenge ahead of us. We need to achieve additional savings of £44 million over the next two years and the remodelling work which was discussed at the Members’ seminar last week at the Floral Pavilion is essential if we are to deliver these savings and continue to provide good quality services.

Mr Mayor I think it’s essential that we continue to lobby the government to rethink the grossly unfair way in which it distributes funding to councils. I have to say I find the Tory Group’s proposal to withdraw from membership of SIGOMA, an organisation which has spoken loudly in favour of local government to be deeply, deeply cynical.

Mr Mayor although we’ve had to make some difficult I’m proud we’ve put the Council’s finances on a sound footing and we are helping all households with the council tax freeze in 2014/15 and hopefully the year beyond. We are putting extra money into the budget to meet our demographic growth, we are giving additional help to pensioners, the long term unemployed and attracting new jobs and investments. We have listened to and acted on the views of our residents. Crucially our house building program will leave a lasting legacy for future generations.

Mr Mayor this is a budget to be proud of, it’s a budget of a progressive Council with a clear vision for the future and a commitment to social justice and I commend it to the Council.”

Cllr Jeff Green said, “I will of course be brief Mr Mayor.

Mr Mayor, firstly let me say how much I welcome and I’m sure this is shared by the entire Council the fact that the Coalition government’s economic policies are working and the UK economy is now growing faster than any other major European economy. Businesses have created 1.6 million new jobs and unemployment has come down sharply. I’m sure we will also welcome the fact this government has allowed hard working people by amongst other things cutting income tax for the typical taxpayer by £590, giving a saving of £360 on petrol and of course freezing council tax.

Mr Mayor, what a difference to the economic mess the government inherited when they came to power. Labour had maxed out the national credit card, doubled our national debt and taken us to the brink of bankruptcy. They left Britain with the biggest budget deficit in the developed world and in our own peacetime history borrowing £1 in every four we spent resulting in payments of £120 million every day just to cover interest.

So Mr Mayor even the local Labour party must now admit bearing down on public spending was and remains an absolute priority for any sensible government. Even if the Leader of the Council over eggs the pudding somewhat by claiming that by 2016 we will have seen our overall budget halved since austerity measures were introduced. I’m sorry Mr Mayor that’s not over egging as I suggested, it is in fact utter tosh.

Mr Mayor let me be clear whilst I regret that sending grant to the government last year I do welcome the fact that the administration have swallowed their pride and have last decided to freeze council tax even if they’ve been brought to this point kicking and screaming.

I am however Mr Mayor disgusted that the only people who’ll see an increase in the direct contribution they have to make to Wirral services are pensioners. Given that the Labour administration have retained their cuts to pensioner discount and removed it completely from some without any recognition of their means.

Mr Mayor this is completely unfair and I’m delighted that if our amendment is passed tonight we will right this wrong. We also note that by their own hands the Labour administration increased the cost of living for the average family by £295.51 since April 2013. Therefore we demonstrate how the cost of living burden can be reduced by reverting to the pre April 2012 car parking charges, reinstating a year round free after three parking initiative, halving the charge for residents for garden waste collection and freezing for one year at its current level Wirral Council tax fees and charges.

We’ve also been able to find resources to ensure that funding meant for the education of Wirral school children is not diverted to pay for the Council’s responsibility to provide school crossing patrols. Now let me just be clear because I did check on this particular point as I do on them all of course and that was made very clear that whatever the warm words of the Leader of the Council no move has been made to put that money back into the budget and that cut remains in place.

Mr Mayor it also allows the street lights back on, increase the level of dog fouling enforcement, invest £1 million for an immediate programme to repair pot holes and improve Wirral’s roads and pavements and maintain our commitment to early intervention and Children Centres in the sure knowledge that failure to support young families in the early years will cost Wirral Council and taxpayers in the long term.

So Mr Mayor, how are we going to find the resources to reduce the cost of living burden and reverse some of Labour’s more baffling cuts? Well we’ve looked to find savings where any hard working Wirral family who could scrutinise the Council’s budget would expect cutting back on the cost of ourselves, leaning the Council bureaucracy, cutting out duplication and being more ambitious to transform the entire Council.

How on earth can the current administration justify an alternative support to councillors budget, spending £130,000 on paying for trade union officials, a Council press, marketing and design department of twenty posts, spending £1.9 million on items that are duplicated elsewhere in the Borough when cutting children’s centres, school crossing patrols, switching off street lights and making pensioners on fixed incomes pay for the privilege?

I also believe that with immediate action to increase the focus, ambition, discipline, rigour, risk management and improving accountability for the transforming Wirral Council change project can deliver increased cash benefits this year. Although I believe the current approach being adopted by the Leader of the Council does carry the risk of breaking any political consensus around the structural changes required be all Council led.

The fundamental question whose money is the administration seeking to spend? As Conservatives we believe the money earned by hard working people should be spent by them on their ambitions and aspirations themselves alone and only taken from them in council revenue or other sorts of tax when it’s absolutely essential.

Mr Mayor, if this budget amendment is passed tonight it will restore the safety of Wirral’s children and families, result in a 0% Council Tax increase for all Wirral residents, retain the pensioner’s discount in full, directly reduce the cost of living for hard working Wirral families and prevent the Council raising stealth taxes via its fees and charges, improve recycling, start the process of repatriating loans given out at bargain basement levels of interest to other Councils and I believe when that resource comes back it should be used to pay down the current levels of debt and maintain the entire Council’s commitment to a sustainable budget. Mr Mayor I commend our amendment to the Council.”

Cllr Phil Gilchrist said, “Thank you Mr Mayor. Perhaps if I just deal with the last point that was raised because last July I made enquiries about this loans situation and I’ve made more enquiries since. What puzzles me is that Councillor Green has included the whole amount that’s out on loan in his commentary at the same time we actually have earned £482,000 on the loans that have come back and we expect to get £238,000 on the loans that are still outstanding so I am cautious about the claims about the loans.

We have the money, it’s a bit like Father Ted. We have money resting in our account and the Council chose to invest it. We didn’t get as much as we’ve had in the past but at least the investments have produced some income and therefore that is to our health. So I was disagreeing with the interpretation of that.

Now I will turn to other things. I’ll try to be consistent and helpful as ever if I may. In December my colleagues and I welcomed some things and disagreed with others.

We welcomed the fact that we row over the country parks and Council charges, we welcomed new appreciation and concern about gritting among other things, while we continue to highlight our worries about a reduction in street lighting and what we saw as the threat, the idea that schools should pay out of money that they want to spend on education for school crossing patrols which we’ve always seen as a Council service.

Now we’ve highlighted this in December that if a school was running a tight budget or had concerns, we did not wish the school to have to chose between say a teaching assistant or some extra hours for staff and a school crossing patrol. Education was education in our mind and school crossing patrols were a separate service funding by the council payers and not the schools budget. So we continue to raise concerns about that.

I don’t agree with the description about the bad debts and bad budgets. These were things we’ve all known about for about ten or twelve years. It’s just that again year after year when we’ve debated the budget and argued about £2 or £3 million, that underlying problem which was known to senior Members was somehow glossed over and when a total look was taken at it and a clear long look by people who were less close to it, they said this genuinely is a problem and we accepted that and we do agree with the criticisms about us being in a silo culture.

Comments have been made about our Council against others and it is not me that says there’s a problem but Sir Merrick Cockell, Chairman of the Local Government Association who says that the next two years will be the toughest yet for people who use and rely on the vital everyday local services that councils provide. So it’s accepted by Conservatives in local government nationally the problem in the same way that I accept there’s a problem here and I know that the Leader of the Council and I have many warm words to say about North Dorset.

In North Dorset they’ve decided to increase Council Tax by 1.99%. Their budget is a fraction of ours, their tax on their ratepayers is £111 in Band D. It’s not the same kind of Council and I have to say that the Lib Dem Leader of that district said that although it’s like putting a sticking plaster on a gaping wound, this small increase is our only chance of keeping central service going with further savage cuts to government funding the year ahead will not be pleasant. That’s the Lib Dem Leader of a Council that is run by the Tories.

The picture we present is actually more realistic than this strange portrayal that everything’s wonderful elsewhere. In fact in Surrey the Tory Leader’s talking about a black hole in their finances and he’s putting his council tax up by 1.99% because he believes he’s got a black hole in his finances and North Somerset I looked at, they’ve freezed theirs but they’re talking about the council facing a continued reduction in government funding at least until 2018 and the biggest challenges are yet to come. We too face the biggest challenges yet to come because it get’s more difficult and my colleagues and I understand that. In fact a phrase doing the rounds in our party at the moment is ‘it’s grim up north’ which you’ll probably have more to say in a few weeks.

I didn’t quite catch what the Leader said but there are key things we believe we can fund and replace. We believe that the lighting that should be the subject of an investment program. I go along the roads and I look at the lights that are off, I don’t whether the light’s off because it’s failed, a fuse has been pulled out, the bulb’s gone, Manweb haven’t been able to connect the service up or some other fault and out there the electorate are even more, if I’m confused then people out there are even more concerned and confused because there are lights off in various places and nobody knows really knows whether it’s an official light off that we’re saving money on or one that’s supposed to be on because as I understand it when Members have objected to lights being off an officer’s had to go out and find some other fuse to pull to turn another light off to keep within the savings. So it’s a hit and miss approach which we disagree with and we believe there should be investment.

Finally I do want to look ahead and I know I didn’t catch what Councillor Davies said but I do look around and I look at what Councillor McMahon is saying in Oldham, it’s a few weeks since he said that he was going to have a freeze. He says, ‘On too many occasions we claim to present our case effectively both within our parties and within the media allowing ourselves to be characterised as prophets of doom or advocates of the old ways.’ It’s contained in last week’s councillor magazine which I probably got in the post so I do look at the wider world but I also look at the world as it is, not as the world as I might like it to be at.

I look at the worries that the leaders express, I look at the world Cllr Green describes. Yes I see an improvement in the economy, I see better employment, I see all those things and I think we’ve got to get from now to 2015/16 as we try and get stability and try and improve.

Finally I’ve listened to the upset comments coming from Labour colleagues behind me but I do read this document Labour’s zero based review. There isn’t a promise of you know this hall of plenty, that there isn’t. Mr Balls is saying that there is a problem. He accepts the problem if he’s going to make change if he were there. If he was there, if he was in that situation he’s made it clear not much is going to change from their first year or so. So we need to get from now, building stability, make all those savings that are underway with neighbouring authorities those shared services.

We don’t accept that the Tory target of boosting the £9 to £11 million for shared services is achievable yet. We haven’t seen the way things are going to work in practice. We have reservations about the budget some of which we raised last year about the youth services and youth zone and something squeezed but we have concentrated tonight on the key things that we think things are going wrong that could be readily put right and we think the Council would be wise to accept those changes. Thank you Mr. Mayor.”

When it came to the voting (much later in the same meeting), only Labour’s budget received enough votes to be adopted as Wirral Council’s budget for 2014/15.

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