Month: November 2014

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

                                        

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Birkenhead Park as it was in 2007.

Birkenhead Park in 2007 copyright John Brace
Birkenhead Park in 2007 copyright John Brace

I feel a bit sorry for Wirral Council’s legal department who seem to have given me the longest response to one of my FOI requests to Wirral Council ever which is in response to this ICO decision notice and a FOI request I made on 29th March 2013.

I’m beginning to think I should look for sponsorship from a black marker pen manufacturer as even the minutes they have supplied have been heavily redacted. Below is an example of set of minutes I’ve finally received, which is the minutes of the Birkenhead Park Advisory Committee meeting of the 17th October 2012. I think over 19 months is a record by Wirral Council for responding to one of my FOI requests.

Birkenhead Park Advisory Committee
Minutes of meeting 17th October 2012

Attendance
Chair: Cllr George Davies
Councillors: Cllr Denise Roberts, Cllr David Elderton, Cllr Cherry Povall, Cllr Stuart Kelly, Cllr Jean Stapleton, Cllr Alan Brighouse
Members: XXXXXXXXXXXX
Wirral Council Officers: XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX

Item 1 Apologies
Cllr Brian Kenny, Insp Roy McGregor, XXXXXXXXXXXX XXXXXXXXXXXX

Item 2 Minutes of previous meeting
The minutes were accepted as a true record.

Item 3 Matters arising
Cllr Elderton raised an issue over traffic calming measures.
XXXXXXXXXXXX confirmed signage for the advisory speed limit had been approved by the Conservation Officer.
There was then a question over funding for the above and a request for legal advice on how this advisory speed limit could be made enforceable.

Item 4 Park Manager’s Report
XXXXXXXXXXXX reported the fall in the number of school visits and suggested possible reasons for it, including poor weather and the closure of two schools which regularly visited the park.
Cllr Stapleton asked why such small numbers from University Academy.
XXXXXXXXXXXX suggested the loss of the education officer has affected contact.
XXXXXXXXXXXX suggested a possible role for a volunteer to contact schools and encourage visits.

XXXXXXXXXXXX reported that the work experience programme was a real success as was the Physical Activities programme.
XXXXXXXXXXXX suggested that income from commercial activities could help with finances.
XXXXXXXXXXXX said an increase was required in commercial operations.
XXXXXXXXXXXX predicted that this will increase.

XXXXXXXXXXXX reported to the group regarding the park’s drainage.
It was agreed by all that exceptional weather this year had caused flooding and was unavoidable.

XXXXXXXXXXXX the Events Arena could take surplus water which will also enhance biodiversity.

XXXXXXXXXXXX referred to the increase in concreting over gardens which doesn’t allow the water to drain and thereby causes increased flooding.

XXXXXXXXXXXX reported on underground water tank proposed by United Utilities because of flooding to basements in Park Road South.
XXXXXXXXXXXX said there was a potential revenue asset from development of remaining plots in the park, and the United Utilities proposal to build a storage tank on the plot by Gothic Lodge would make this asset difficult to sell.

Cllr George Davies reported that the ESWA club was closing down and the building was for sale.
XXXXXXXXXXXX asked if the park could make use of the area.
Cllr George Davies suggested keeping eye on developments.

XXXXXXXXXXXX reported the launch of the Park Watch scheme, adding that members were being recruited before calling the first (inaugural) meeting.

XXXXXXXXXXXX gave a report on IRIMS Incident Reporting and Management System, saying there were some “glitches” remaining but it should be up and running in a couple of months.

XXXXXXXXXXXX reported on the new Dog Control Order being proposed to exclude dogs from all children’s play areas in Wirral. He also reported on the possibility of a further Dog Control Order requiring an owner to put a dog on lead if requested, currently the byelaws state only that the dog must be under control.
Cllr Elderton suggested publicising the result of any further action after the event be recorded.
XXXXXXXXXXXX expressed his concern at the nature and number of dog related incidents, suggesting the voluntary code of conduct was no good.

XXXXXXXXXXXX updated the group on the success of the Forest Schools initiative.

Item 5 Membership of Birkenhead Park Advisory Committee
Cllr George Davies requested to expand group to take in the councillor with cabinet responsibility for Cultural Services. This was agreed by all.

Item 6 Any Other Business
XXXXXXXXXXXX suggested an opportunity for external funding for restoration of the Jackson Memorial, Bandstand, Conservatory and Horticultural Training.
XXXXXXXXXXXX suggested that the Friends of Birkenhead Park be invited to submit a report to a future meeting.

Item 7 Date of Next Meeting
It was agreed to meet in Mid April 2013.

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Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

                                                    

Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing, Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing, Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson

Last night showed something that we’ve been promised for some time which is pre-decision scrutiny (of a sort). Now the Future Council consultation is over, the first of three overview and scrutiny committees met yesterday evening to discuss the proposed budget cuts in their area of responsibility.

Prior to this there had been a behind closed doors set of meetings among councillors, which explained why the public meeting itself was rather short.

The rather late reports (which included a Powerpoint presentation on the consultation results) concentrated on the following proposed budget cuts:

Youth and Play Service £450,000 cut closing 4 youth centres, reducing provision at the “hubs” from five evening a week to four, Play Schemes funding ceased, grant to Wirral Play Council stopped, Civil Award Scheme stopped and Duke of Edinburgh Award Scheme stopped. If chosen this would end play schemes in Beechwood, Gautby Road (in Bidston) and Leasowe Adventure Playground in Wallasey. These three playschemes cost Wirral Council £190,000 a year but benefit about 600 children.

The Wirral Play Council (a charity on the Wirral) runs play schemes including an annual event at Birkenhead Park attended by 3,000 children, which was discussed at the Youth and Play Service Advisory Committee public meeting last week. People at that meeting were shown photos of the Mayor at this event in Birkenhead Park which I can’t show you because the Cabinet Member for Children’s Services Cllr Tony Smith and Wirral Council officers decided to try to negotiate a broadcast media blackout of that public meeting and had I tried to film it, Surjit Tour would’ve advised Cllr Tony Smith to adjourn that meeting.

The detail of the effects of each proposal had been previously discussed behind closed doors by councillors who then produced a scrutiny panel report.

The other possible budget cuts involved Girtrell Court (a short break respite service for adults with disabilities of £385,000), a cut to the all age disability service of £600,000 (affecting Willow Tree (overnight short breaks for children with high-level learning and physical disabilities), Children with Disabilities Team, Transition Team and the Family Support Team) and West Kirby Marine Lake (a cut of £25,000 and the possible outsourcing to a third party although an alternative option is being looked at).

Certainly these were not popular proposals (especially considering the fuss kicked up over the play schemes proposal) cuts and in not all areas did councillors agree with officers. At one point the Chair felt that the cuts were just being fitted around the amounts that had to be saved. As the budget options cover £4 million out of £2.5 million of options, some won’t happen, however you can watch the video of the meeting below to see and hear what councillors and officers said.

I will upload clearer audio of the meeting at a later date, although I felt it was important to point out the above at this point. When the overview and scrutiny committees finish (the last one is scheduled for tomorrow night), their proposals will feed into a Cabinet meeting which will make a recommendation on the budget to Council. All councillors will then meet, debate, discuss and vote on the budget, which according to the new legislation now has to be done by each councillor individually voting on each budget proposal (due to a change in legislation earlier this year). This way when it comes to election time in May, the Wirral public can look up how certain councillors standing in the election voted on the issues that matter to them if they so wish.

There are however going to be sections of society lobbying hard to make sure the Labour administration (who decide where the cuts are) spares them from the effects of the cuts. It remains to be seen how easy it will be both for councillors and political parties to deal with the public relations effects of what is proposed. As was mentioned at the meeting yesterday evening, there are large petitions opposing some of the cuts proposed. Some petitions are large enough that the petition organisers will get the right to speak at the Council meeting at which these decisions are made. The papers for this public meeting can be read on Wirral Council’s website

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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 1

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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 2

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Norman's bill just keeps on rising, £7,883.88 for external legal advice on setting a budget when he wasn't there

Norman’s bill just keeps on rising, £7,883.88 for external legal advice on setting a budget when he wasn’t there

Norman’s bill just keeps on rising, £7,883.88 for external legal advice on setting a budget when he wasn’t there

                                                                  

Every year Wirral Council has to set a budget for the next year. In fact Wirral Council have been doing this since 1974 (and probably in shadow form for the year before that).

For some reason in 2013, at Wirral Council someone decided to ask Frances Woodhead of Eversheds (a legal firm) for advice. Ironically (considering what happened to Bill Norman) she lists on Evershed’s website her experience on “Advising on sensitive senior officer dismissals” and her experience as “Director of Legal Services at Sheffield City Council”.

Now this however is the interesting point, Bill Norman as regular readers of this blog knows left Wirral Council getting a payment of £146,416 in September 2012 and the Investigation and Disciplinary Committee found “no case to answer”. So after this point he was no longer an employee of Wirral Council.

Yet these invoices relate to advice given in February 2013 for the 2013/14 budget, five months after Bill Norman was no longer employed by Wirral Council! Were Eversheds not told he had left? Who was Frances Woodhead advising if it wasn’t actually Bill Norman as stated on the invoice (who was no longer employed by Wirral Council)? The invoices quite clearly show travel expenses of £61.40 which means somebody must have travelled somewhere to meet someone (who obviously wasn’t Bill Norman)!

What was it about the 2013/14 Budget that required nearly £8k of legal advice anyway?

Budget setting legal costs £4680 00p Counsels fees May 2013
Budget setting legal costs £4680 00p Counsels fees May 2013
Budget setting legal costs £3203 88p Bill Norman Frances Woodhead March 2013
Budget setting legal costs £3203 88p Bill Norman Frances Woodhead March 2013

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Wirral Council taking people to court who can't pay Council Tax: £2,196 Paying for it using a Barclaycard in the name of M Burns: Priceless

Wirral Council taking people to court who can’t pay Council Tax: £2,196 Paying for it using a Barclaycard in the name of M Burns: Priceless

Wirral Council taking people to court who can’t pay Council Tax: £2,196
Paying for it using a Barclaycard in the name of M Burns: Priceless

                                                                        

As I’d better declare this interest at the start, I will state that my wife is the person in this household liable for Council Tax.

Just when the satirists must have thought that the filming ban of public meetings of Wirral Council would led to a deficit of quotable quotes from local councillors, below is a credit card statement from November 2013. Quite what the blacked out bit states or the other ten pages I’m not sure.

Now I’m not saying people shouldn’t pay Council Tax, however thanks to decisions made by Wirral Council’s Cabinet, households that hadn’t paid Council Tax before because they had got 100% Council Tax Benefit, suddenly had to pay a whopping 22% (this figure is from memory and applies (I’m massively simplifying here as there are people who don’t have to pay Council Tax too) to households of people of working age with nobody of state pension age and above). This led to an increase in people not paying, which led naturally to an increase in Magistrates’ Court cases filed by Wirral Council.

The Magistrates’ Court is of course where my father used to work before he retired and located just off Hamilton Square in Birkenhead and Tranmere ward, which by sheer coincidence is the ward where Wirral Council’s Leader of the Council/Cabinet Member for Finance Cllr Phil Davies represents.

At the time this change was planned and going out to consultation I warned Wirral Council in public meetings that this would need to lead to an increase in bad debt provision and their own costs!

Council Tax is one of the few taxes you can get locked up for in this country for not paying. Thus returning us to the concept of the “debtors prison” in Victorian England.

However the question is, how many people who literally couldn’t pay Council Tax, even if Wirral Council got a court order is Wirral Council going to the trouble of launching criminal cases over that costs the taxpayer money?

Bear in mind that this is a monthly invoice. Although the statement is in the name of LM Burns, it does somewhat remind me of the character of Charles Montgomery Burns in the Simpsons or as he would say “Release The Hounds!”

This is the court fee element, Wirral Council add this, plus their own internal legal costs to the outstanding Council Tax bill, which means by the end the Council Tax bill that they couldn’t pay before is even larger! Oh and thanks to Wirral Council, those who couldn’t pay end up at the end of the process with a criminal record, making it harder for them to get certain jobs to pay off their Council Tax debt!

Council Tax court cases Barclaycard invoice Wirral Council November 2013
Council Tax court cases Barclaycard invoice Wirral Council November 2013

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Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 came into force earlier this month, we’ll rely on this too and the new section 30A on parody.

If you are reading this from the UKIP party and are planning to leave a comment questioning the immigration status of Marvin the Martian or disagreeing that he should have any say whatsoever about British politics, we humbly point out that although is not British, he is a fictional character and figments to people’s imagination do not have to have permission to come here.

MARVIN THE MARTIAN: The Martian High Command have asked me to survey the Wirral to try to understand its people and politics and write a report back but I find it all very confusing.

JOHN BRACE: Good luck with that! Even I don’t fully understand the Wirral people and its politics.

MARVIN THE MARTIAN: Well we have a few areas we are unsure of. Let’s start with Greasby.

JOHN BRACE: Yes, Greasby, I know where that is.

MARVIN THE MARTIAN: Well, we are very confused. We hear reports on your media of a consultation meeting in Greasby about fire stations, but people turned up but weren’t allowed to go to it? What sort of consultation on closure is that?

JOHN BRACE: I wasn’t there, I was covering a public meeting of Wirral Council at the time. Had I turned up I wouldn’t have been allowed in either as the place has to be able to be safely evacuated in case of a fire so has a set capacity. There is however a little irony there as it’s the Merseyside Fire and Rescue Service who are doing the consultation. However the Merseyside Fire and Rescue Service have informed the Merseyside Fire and Rescue Authority before that not many people at all turn up to their other fire station closure consultation meetings. So maybe they’re not used to large numbers of people turning up to public meetings?

MARVIN THE MARTIAN: Well don’t Wirral Council own the land in Greasby that has the library, the Children’s Centre and other well-loved buildings on? Haven’t they offered (subject to the outcome of the consultation, a further decision and planning permission) a lease?

JOHN BRACE: Yes it does and that’s the Chief Fire Officer’s currently preferred site for the new fire station if Upton & West Kirby close. Yes, they have offered them a lease (subject to the outcome of the consultation, a further decision and planning permission).

MARVIN THE MARTIAN: So why do the people of Greasby have a problem with their library closing?

JOHN BRACE: It’s historical, see your historical files on Earth. The Labour government minister at the time requested a public inquiry into library closures in 2009 so Labour councillors and the Lib Dems councillors were forced into a U-turn. Wirral people seem to still remember that and libraries for a number of years after libraries became a sacred cow of Wirral politics. However Cllr Foulkes said in the recent past that libraries shouldn’t be spared from the cuts and scrutiny.

MARVIN THE MARTIAN: And what else is happening on libraries and children centres?

JOHN BRACE: Well on libraries there’s a proposal to reduce opening hours at certain libraries. The decision to consult on the closure of children’s centres has been “called in”, the committee met to consider the “call in” then got adjourned. The committee is planning to meet again on the 12th November 2014 at 6.00pm. However its Labour Chair Cllr Moira McLaughlin was cheered up by some news.

MARVIN THE MARTIAN: What news would that be, a U-turn on closing the children’s centres?

JOHN BRACE: No, the news that Cllr Chris Blakeley (Conservative spokesperson) has left the call in committee and been replaced by a different Conservative councillor.

MARVIN THE MARTIAN: Why would she be pleased?

JOHN BRACE: They have a history of, well how do I put it as diplomatically as possible without taking sides, arguing passionately with each other in public?

MARVIN THE MARTIAN: So let me get this straight, they had a public inquiry into Wirral’s library closures which had been driven through by the then Leader of the Council Cllr Steve Foulkes at the Floral Pavilion chaired by Sue Charteris?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Then a few years later Wirral Council made Cllr Foulkes Mayor in exactly the same room Mayor, also at the Floral Pavilion?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Wow. This Cllr Foulkes guy sounds interesting. However back to Greasby. Which political party has the three local councillors in Greasby, Frankby and Irby?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And the MP in Wirral West?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And political control of the Merseyside Fire and Rescue Authority is in which party’s hands?

JOHN BRACE: Labour.

MARVIN THE MARTIAN: Ha, ha, ha. So Labour want to close a few fire stations in Wirral West to cause trouble?

JOHN BRACE: Labour will say they blame the Conservative/Lib Dem government or alternatively they’ll let the unions say roughly the same thing. However the unions have already gone on strike.

MARVIN THE MARTIAN: I thought politicians weren’t allowed to be “party political”, however isn’t Esther McVey some type of government minister too?

JOHN BRACE: Yes. She’s currently the Minister for Employment so you can imagine how the public sector unions such as the Fire Brigades Union and other unions feel about that.

MARVIN THE MARTIAN: Isn’t she facing a General Election in about six months time in what is a marginal seat?

JOHN BRACE: Yes, the unions/Labour Party are already trying their best to replace her with the Labour candidate. See fracking and other issues.

MARVIN THE MARTIAN: That’s enough about Greasby, libraries, children’s centres and Esther McVey though, what’s happening in Birkenhead?

JOHN BRACE: The Rt Hon Frank Field MP is telling people that antisocial behaviour is a bad idea.

MARVIN THE MARTIAN: Really, is he referring to Cllr Phil Davies and his plan (currently out to consultation again) to close Lyndale School?

JOHN BRACE: Don’t be silly! He’s doesn’t mean it like that! He doesn’t mean his own Labour Party! By the language used in press articles he’s referring to young people.

MARVIN THE MARTIAN: Ahh so the Rt Hon Frank Field MP isn’t picking on the disabled but he’s picking on young people, why do politicians always scapegoat young people? Isn’t Alison McGovern MP, MP for Wirral South in fact younger than you are?

JOHN BRACE: Now you’re making me feel old! Yes she is. Politicians scapegoat young people to play to their base. Politicians of all parties do it. Political parties have a history of having major political disagreements with their own party’s youth wing. See Lib Dems and tuition fees as a recent example of that. However the youth wing of political parties also represents the future of that party, so annoying them can be very short-term thinking.

MARVIN THE MARTIAN: And Alison McGovern is the MP where Lyndale School is?

JOHN BRACE: Yes. She’s MP for Wirral South, another marginal seat.

MARVIN THE MARTIAN: And as a Labour MP, if the Labour Cabinet decide to close Lyndale School before the election in May 2015 does that harm her chances of reelection next May?

JOHN BRACE: It would make it look (to some voters) if that happened like she had little influence over her own political party’s decision-making process (which isn’t entirely true but that would probably be how it would be spun in the press by her opponents).

MARVIN THE MARTIAN: Ahh, but I thought officially the Labour Cabinet on Wirral Council had an “open mind” on the subject of closing Lyndale School?

JOHN BRACE: Please don’t get me started on that topic. There is a second consultation on it now, but I doubt Wirral Council would accept consultation responses from fictional characters.

MARVIN THE MARTIAN: So to sum up, there’s an election coming where everyone that can vote will get two votes, one for councillor, one for MP?

JOHN BRACE: Yes, “vote early and vote often (but no more than twice)” I could write if I was being slightly flippant!

MARVIN THE MARTIAN: And in the lead up to elections you get election promises, vote for me and I’ll do this (or my party will do this)?

JOHN BRACE: Yes, even promises they know they can’t possibly keep after the election.

MARVIN THE MARTIAN: Are you implying party political candidates would deliberately lie about themselves and their own political party?

JOHN BRACE: I’d probably get sued or face an injunction if I answered that honestly! However you can’t libel a political party or a local council. Elections at their heart are a popularity contest and a battle for hearts and minds, so political parties will tell people what they think they want to hear.

MARVIN THE MARTIAN: Oh dear. So after the election a lot of people will be disappointed?

JOHN BRACE: They always are, before, during and after. Some of them have even given up on voting or being engaged in the political process.

MARVIN THE MARTIAN: That’s sad really. Well I’ll put all this in my report to the Martian High Command. Thanks for the interview!

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