Wirral Council: It's time for change on Lyndale, consultation and decision making

Wirral Council: It’s time for change on Lyndale, consultation and decision making

Wirral Council: It’s time for change on Lyndale, consultation and decision making

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
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

Well Emma Rigby has beaten me to it by about six to seven hours about the special Cabinet meeting on the 17th December 2014 is to decide on the future of Lyndale School.

The special Cabinet meeting to discuss the future of Lyndale School is now down to meet in Committee Room 1 in Wallasey Town Hall, Brighton Street, Seacombe starting at 6.15pm. It’s a public meeting so anyone can attend. The agenda should be available around the 10th December. However many of the reports that will be on the agenda have already been published either as part of the consultation or for previous Cabinet meetings on this subject.

I’m glad it isn’t the other special meeting of Cabinet next week which will be about something else.

I’ve done a bit of thinking about the consultation, officer advice and councillor decision-making on the subject of disability issues ahead of Friday’s meeting of the Highway and Traffic Representation Panel.

The constitution of Wirral Council states that councillors have to take on board the responses to a consultation and officer advice when making decisions.

What used to happen was a consultation would be agreed. It would run for x weeks or xx weeks, then there’d be a further public meeting at which all the consultation responses were published and the matter discussed.

Now what seems to happen at Wirral Council is this (not just over Lyndale but other matters).

A consultation on whatever change or policy issue is held running from date x to date y.

Following the end of the consultation (date y) Wirral Council employees read through the consultation responses. They then pick out the bits out of the responses they want to and put them in a report. In fact, as the ideas expressed in this report won’t be attributed back to the consultation respondees in academia it would be classed as plagiarism.

Once they’ve cherry picked the bits of the consultation they want to respond to, they’ll include a summary of them in the report, but alter the responses by including a response from officers.

Often these responses will state how the people responding (although they raise valid points) are somehow wrong and the recommendation consulted on should just be agreed (by councillors).

Councillors never see the consultation responses, nor do the public. Some consultation responses people with publishing capabilities (for instance individual councillors or political parties) are published during the consultation.

So what eventually happens is politicians just see a one-sided report written by officers, with brief references to the consultation responses but with more in the report stating officer’s advice than the actual consultation responses.

Naturally anything inconvenient brought up in the consultation, or points raised that officers don’t have a clever answer to gets left out of the public report.

Those who responded to the consultation (if they’re lucky) turn up to the public meeting where this is decided. If by some minor miracle one of the people responding to the consultation actually gets permission to speak at the meeting from the Chair.

Usually they are told they can’t speak as Article 21 although signed up to by Wirral Council was never implemented in their constitution. Although people do have a legal right (in the Human Rights Act 1998 c. 42) to freedom of expression, they will be told they can’t speak either. In an authority that gets annoyed with the press for filming public meetings what do you expect?

In my opinion, it’s a terrible, terrible way to run local democracy and make decisions. It leads to widespread resentment of certain politicians (and Wirral Council employees) and makes people think it’s terribly unfair. Maybe it suits some people though.

It means you have a two tier system. Those with the education, resources and/or connections can get their voice heard on any issue they want. Everyone else (even if they’ve responded to a consultation) just gets lost in the crowd.

It’s something I find personally very wrong about Wirral Council democracy and needs to change as a matter of urgency.

Take both Liverpool City Council and Chester West and Chester as examples. In both cases people can table questions at certain public meetings and speak at public meetings even if they’re not councillors or employees of the organisation.

On Wirral, especially since the abolition of the Area Forums, the public seem to have been written out of the political process. OK they get a vote (or two votes next year), but that’s about it. In many places people know their vote won’t make a difference to the outcome leading to apathy.

The rest of the time (outside of elections) the public are politely ignored by politicians who know they only need to get a minimum of 42% of the votes of the people who do vote to get re-elected under the first past the post system. It’s led to a situation where senior Wirral Council officers and senior politicians have too much power and the checks and balances just aren’t even there or ain’t working.

When the checks and balances are used (such as call in) councillors are just accused of playing party politics for actually holding other politicians to account!

Nothing will change unless the people demand it. Even then the politicians will probably get excuses from the employees as to why changes can’t be made. Even the unions seem to be having a hard time.

I despair of Wirral Council politics at times, I really do! The fallout from what’s going on affects my workplace too. However it’s time to come up with a plan to bring about change and to carry it out. I know the press from a balance perspective aren’t really supposed to have an opinion on matters other than freedom of speech/freedom of expression/the media.

However it’s time to point out that although there are always the elections in May 2015 that the fundamental nature of how Wirral Council makes decisions is either broken, fundamentally flawed or being routinely abused by those with vested interests in maintaining their power base.

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11 more pages of Wirral Council councillors' mileage claims (Elderton, Hornby, Kelly, Povall, Salter, H Smith and P Williams)

11 more pages of Wirral Council councillors’ mileage claims (Elderton, Hornby, Kelly, Povall, Salter, H Smith and P Williams)

11 more pages of Wirral Council councillors’ mileage claims (Elderton, Hornby, Kelly, Povall, Salter, H Smith and P Williams)

                                                      

A long time ago I was up to the travel expenses for Cllr Phil Davies in the extra pages supplied last month that should’ve come in the original tranche in September.

The rests were scanned in, just until now haven’t been uploaded or blogged about. For the sake of convenience, I am just putting the remaining pages below. These aren’t complete for the 2013-14 as many are pages originally missing from those supplied by Wirral Council’s Human Resources department as part of the original request. For the other pages for those councillors you’ll have to look elsewhere on this blog.

These are a further eleven pages that cover Cllrs David Elderton, Mike Hornby, Stuart Kelly, Cherry Povall, John Salter, Harry Smith and Patricia Williams. I may blog about them in detail another time, but at least by publishing the rest of the pages are in the public domain should you wish to view them. Councillors are in alphabetical order by surname. There are multiple pages for some councillors.

There is also a mysterious taxi contract for councillors. I’m still awaiting further details on that and the Mayor and Deputy Mayor’s expenses for 2013-14.

Cllr David Elderton expenses claim 2013 page 1 of 1
Cllr David Elderton expenses claim 2013 page 1 of 1
Cllr Mike Hornby expenses claim 2013 page 1 of 4
Cllr Mike Hornby expenses claim 2013 page 1 of 4
Cllr Mike Hornby expenses claim 2013 page 2 of 4
Cllr Mike Hornby expenses claim 2013 page 2 of 4
Cllr Mike Hornby expenses claim 2013 page 3 of 4
Cllr Mike Hornby expenses claim 2013 page 3 of 4
Cllr Mike Hornby expenses claim 2013 page 4 of 4
Cllr Mike Hornby expenses claim 2013 page 4 of 4
Cllr Stuart Kelly expenses claim 2013 page 1 of 1
Cllr Stuart Kelly expenses claim 2013 page 1 of 1
Cllr Cherry Povall expenses claim 2014 page 1 of 1
Cllr Cherry Povall expenses claim 2014 page 1 of 1
Cllr John Salter expenses claim 2013 page 1 of 1
Cllr John Salter expenses claim 2013 page 1 of 1
Cllr Harry Smith expenses claim 2013 page 1 of 2
Cllr Harry Smith expenses claim 2013 page 1 of 2
Cllr Harry Smith expenses claim 2013 page 2 of 2
Cllr Harry Smith expenses claim 2013 page 2 of 2
Cllr Patricia Williams expenses claim 2013 page 1 of 1
Cllr Patricia Williams expenses claim 2013 page 1 of 1

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Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled

Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled

Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled

                                                    

Employment and Appointments Committee 27th October 2014 Committee Room 2 L to R Cllr Gilchrist Lib Dem, Chris Hyams Head of HR, Cllr Adrian Jones Labour Chair, Andrew Mossop Committee Services and Graham Burgess outgoing Chief Executive
Employment and Appointments Committee 27th October 2014 Committee Room 2 L to R Cllr Gilchrist Lib Dem, Chris Hyams Head of HR, Cllr Adrian Jones Labour Chair, Andrew Mossop Committee Services and Graham Burgess outgoing Chief Executive

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You can watch the meeting of the Employment and Appointments Committee of 27th October 2014 above at which the Employment and Appointment Panels referred to below were created.

As there is so much happening at Wirral Council now, I thought it was best to write a general piece about a few different topics at Wirral Council.

The public meeting of the Coordinating Committee last week which met to decide a call in of the decision to consult on closure of Children’s Centres was unexpectedly brought to a halt and adjourned (without yet reaching a decision or hearing all witnesses) as the Wallasey Town Hall was evacuated due to the collapse of two Council-owned buildings in nearby King Street.

This story has been widely covered by the media. The main road outside where the building collapsed was closed that evening (but has since been reopened). As I was nearby that evening, I can say that there was a large emergency services response (Merseyside Police, Merseyside Fire and Rescue Service and North West Ambulance Service) and also organisations such as National Grid responded to cut off the gas supply.

As Wirral Council owned the properties that fell down, questions were asked by politicians and the press as to why the buildings fell down. However I will leave that story for now and move to other matters.

Two public meetings that should have happened in the next week at Wirral Council have been cancelled. These are:

19th November 2014 5.30pm Licensing Act 2003 Committee, Committee Room 1, Wallasey Town Hall (contact: Anne Beauchamp | Chair: Cllr Bill Davies (Labour)
24th November 2014 6.00pm Standards and Constitutional Oversight Committee, Committee Room 1, Wallasey Town Hall (contact: Shirley Hudspeth | Chair: Cllr Bill Davies (Labour))

Presumably standards are now so high at Wirral Council that there can be a budget saving achieved from councillors travel expenses, employee costs and the room hire for the cancelled Standards and Constitutional Oversight Committee not meeting. The Licensing Act 2003 Committee’s remit is not unsurprisingly to do with the Licensing Act 2003 c.17. As everyone on Wirral knows, there are no problems whatsoever with pubs, clubs, off licences, late night refreshment or other related activities on the Wirral. Wait a sec, news just in. Seems there is a problem (according to residents). Here’s a question submitted by one of the Oxton residents to the Birkenhead Constituency Committee meeting of 30th October 2014:

Name: Alfred Lennon (Oxton Village People)
Date Received: 23rd October 2014
Query: Wirral has a problem with alcohol as detailed it its Joint Strategic Needs Assessment and requiring the recent police crackdown. Yet the Authority persists in licensing ever more premises with ever longer drinking hours. Why cannot the Authority be brave, reduce the number of licensed premises AND reduce their opening hours?

Response from Wirral Council Licensing Section:

The Licensing Application Process

When a Licensing Authority received an application for a new premises licence or an application to vary an existing premises licence, it must determine whether the application has been made in accordance with section 17 of the Licensing Act 2003 (the Act), and in accordance with regulations made under sections 17(3) to (6), 34, 42, 65 and 55 of the Act. This means that the Licensing Authority must consider among other things whether the application has been properly advertised. These requirements are different to those connected to the Planning process.

Under the licensing regime an applicant is required to display a blue notice on the premises and publish a notice in a local newspaper providing details of the application. The applicant must also serve the application on the Responsible Authorities which are: the Police, the Fire Authority, Trading Standards, Environmental Health, Planning, the Area Child Protection Board, the Licensing Authority and Public Health who are all entitled to make representations. In addition to this, the Council published details of all application on the Council’s website and circulates these details to all Councillors. Representations can also be made by any person, which can include residents and businesses whom may be affected by a premises.

The Licensing Authority may only accept relevant representations. A representation is “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the four licensing objectives. In other words, representations should relate to how the licensable activities carried on from premises impact on the objectives. For representations in relations to variations to be relevant, they should be confined to the subject matter of the variation.

Four Licensing Objectives:

  • The Protection of Children from Harm
  • The Prevention of Crime and Disorder
  • The Prevention of Public Nuisance
  • Public Safety

Wirral Council’s question then goes on for a further A4 side on Cumulative Impact. Just commenting on their answer for a moment to this point from what I remember of current policy (I may be a little rusty so don’t rely on this), as a general rule (*which depends on the circumstances of the application) if there are objections to a new premises licence or application to vary a premises licence it gets decided at a public meeting of the Licensing Act 2003 subcommittee by 3 councillors.

A certain amount of other applications don’t get this scrutiny and are either decided by officers (based on a policy agreed by councillors). What’s left out of the answer is that anyone can request a licence review (if you have the time, paper and postage to do this) which results in an existing licence being reviewed.

This doesn’t happen very often (rarely is what I’d say) as either most people don’t know they can do this, or don’t want to or they don’t know how. I doubt it would be in Wirral Council’s financial interests to tell people how as it would lead to more public meetings of the Licensing Act 2003 subcommittee and then they’d have to put up the fees charged to those running premises as it costs Wirral Council £thousands (room hire, councillors travel expenses, employee time, website running costs, printing of agenda/reports, postage et cetera) each time they hold a public meeting.

However moving on from employee time to an employee leaving. On 31st December 2014 Graham Burgess (the Chief Executive leaves). There isn’t time to appoint a new Chief Executive to start on 1st January 2015 as the post hasn’t even been advertised yet.

The Chief Executive is also Wirral Council’s Head of Paid Service, Returning Officer and Electoral Registration Officer.

So before a new Chief Executive is appointed who will fill these important roles (the latter two especially important because there is an election for Wirral’s 4 MPs and 22 councillors in May 2015). The Head of Paid Service, Returning Officer and Electoral Registration Officer role are all ones Wirral Council is under a legal obligation to have someone in post for. However the decisions have to be made by Council (a meeting of Wirral Council’s councillors) before 31st December 2014.

In addition to Graham Burgess leaving on the 31st December 2014, so is Vivienne Quayle (currently Director of Resources and s.151 officer).

So these are the interim management arrangements currently down to be discussed which will then (assuming the Employment and Appointments Panel approve them) be a recommendation to Council which meets on the 8th December 2014 (this report has a typographical error and states 8th December 2015 by mistake) to decide on an Acting Chief Executive and Acting Head of Paid Service.

Also Council on the 8th December 2015 will need to appoint a Returning Officer and Electoral Registration Officer.

These are the following recommendations (subject to Employment and Appointments Panel agreement and Council agreement on the 8th December 2014):

Returning Officer: Surjit Tour (Head of Legal and Member Services)
Deputy Returning Officer: Joe Blott (Strategic Director of Transformation and Resources)
Acting Electoral Registration Officer: Surjit Tour (Head of Legal and Member Services)
Acting Deputy Electoral Registration Officer: Joe Blott (Strategic Director of Transformation and Resources)
Acting Chief Executive and Head of Paid Service: recommendation to be made by appointment panel on 24th November 2014 to Council meeting on the 8th December 2014

Due to Vivienne Quayle leaving, these are the proposed interim management arrangements recommended to the Employment and Appointments Panel who then have a choice whether to recommend these to Council regarding Ms Quayle leaving:

Acting Section 151 Officer: Tom Sault (Head of Financial Services) regraded from HS2 (now not the proposed railway but a salary grade at Wirral Council) to HS1 for interim period
Acting Deputy Section 151 Officer: Jenny Spick (Finance Manager)
Acting Senior Information Risk Owner (SIRO) (recommendation to Council): Mike Zammit (Chief Information Officer)
Audit function and Procurement function (functional responsibility in Resources division): Tom Sault

There is also a third member of the senior management team leaving too, but arrangements won’t be decided on that until a meeting on the 10th December 2014. That person leaving is Emma Taylor (Head of Specialist Services) in the Families and Wellbeing Directorate. Emma Taylor leaves in December 2014 and the responsibilities of the Head of Specialist Services post are children’s social work, fostering, adoption and children in care.

Helping Wirral Council with the above are Penna PLC (for which they are being paid £15,000 for each post so £45,000 in total) and the Local Government Association.

The seven councillors who will be making the above recommendations to Council in the near future are the seven on the Employment and Appointments Panel who are:

Cllr Phil Davies (Labour)
Cllr Ann McLachlan (Labour)
Cllr George Davies (Labour)
Cllr Adrian Jones (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Lib Dem)

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