Why did residents endure 11 years of antisocial behaviour from the neighbour from "hell" before Wirral Council took legal action to try to have a tenant evicted?

Why did residents endure 11 years of antisocial behaviour from the neighbour from “hell” before Wirral Council took legal action to try to have a tenant evicted?

Why did residents endure 11 years of antisocial behaviour from the neighbour from “hell” before Wirral Council took legal action to try to have a tenant evicted?

                                                                

Earlier this year I blogged about a bunch of invoices for legal work paid by Wirral Council during the 2013/14 financial year.

3 pages of those invoices were for the professional fees of Mr Paul Burns of Exchange Chambers instructed by a solicitor working at Wirral Council called Ali Bayatti.

The case involved a landlord as the Claimant (Leasowe Community Homes) and a person called Danielle New as the defendant. Those details were blacked out on the pages of invoices supplied by Wirral Council, even though s.15 of the Audit Commission Act 1998 c.18 doesn’t allow Wirral Council to black out such details.

The Claimant (Leasowe Community Homes Ltd) had rented 81 Grant Road, Leasowe, Wirral, CH62 2RU to the tenant Danielle New for £88.44/week (which was paid by housing benefit) from the 29th April 2002.

Wirral Council were acting as the solicitors for Leasowe Community Homes Ltd. Wirral Council’s Ali Bayatti then instructed Mr Paul Burns of Exchange Chambers to deal with some of the matters in the case.

The case basically had two elements. One part was to ask the court’s for a possession order to evict Danielle New, the other part was in relation to anti-social behaviour.

There are a dozen court orders in this matter (and references to some more that I don’t have). However this case starts on the 12th August 2013 when a “Claim form for possession of property” (N5) was filed with the Birkenhead County Court (see below).

Leasowe Community Homes v Danielle New Claim form for possession of property Page 1 of 2
Leasowe Community Homes v Danielle New Claim form for possession of property Page 1 of 2
Leasowe Community Homes v Danielle  New Claim form for possession of property Page 2 of 2
Leasowe Community Homes v Danielle New Claim form for possession of property Page 2 of 2

With the N5 Claim form was also attached the 4 page “Particulars of claim for possession (rented residential premises)” (form N119 see below).

Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 1 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 1 of 4
Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 2 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 2 of 4
Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 3 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 3 of 4
Leasowe Community Homes v Danielle  New Particulars of Claim for possession (rented residential premises) Page 4 of 4
Leasowe Community Homes v Danielle New Particulars of Claim for possession (rented residential premises) Page 4 of 4

Also attached was ten pages titled “Additional Particulars of Claim” (see below). These pages detail the reasons behind the case and make for interesting reading (although for the sensitive readers I will point out they contain bad language and accusations of racism)!

Leasowe Community Homes v Danielle New New Additional Particulars of Claim Page 1 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 1 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 2 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 2 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 3 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 3 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 4 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 4 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 5 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 5 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 6 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 6 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 7 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 7 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 8 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 8 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 9 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 9 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 10 of 10
Leasowe Community Homes v Danielle New Additional Particulars of Claim Page 10 of 10

Danielle New contested the allegations and there are many court orders from both Birkenhead County Court and Liverpool County Court in this matter (see below). The matter didn’t go to trial. Reference is made on one of the court orders to “a detailed assessment of the defendant’s publicly funded costs”, so presumably the defendant’s legal costs were paid for through legal aid. Court orders below are in reverse chronological order.

Leasowe Community Homes v Danielle New court order 20th January 2014 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 20th January 2014 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 16th January 2014 District Judge Baker (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 16th January 2014 District Judge Baker (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 13th January 2014 Distict Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 13th January 2014 Distict Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 3rd January 2014 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 3rd January 2014 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 23rd December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 23rd December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 12th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 12th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 11th December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 11th December 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 5th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 5th December 2013 His Honour Judge Wood QC (Liverpool County Court)
Leasowe Community Homes v Danielle New court order 14th November 2013 Deputy District Judge Green (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 14th November 2013 Deputy District Judge Green (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 7th November 2013 Deputy District Judge Murphy (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 7th November 2013 Deputy District Judge Murphy (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 1st November 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 1st November 2013 District Judge Peake (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 17th October 2013 Deputy District Judge Isles (Birkenhead County Court)
Leasowe Community Homes v Danielle New court order 17th October 2013 Deputy District Judge Isles (Birkenhead County Court)

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Cabinet agrees new 5 year plan for Wirral and makes pledges on increasing tourism jobs and house building

Cabinet agrees new 5 year plan for Wirral and makes pledges on increasing tourism jobs and house building

Cabinet agrees new 5 year plan for Wirral and makes pledges on increasing tourism jobs and house building

                                                                         

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Councillor George Davies pledged to build and improve 7,000 houses by 2020 as part of Cabinet's new 5 year plan
Councillor George Davies pledged to build and improve 7,000 houses by 2020 as part of Cabinet’s new 5 year plan

Wirral Council’s Cabinet have agreed a new five year plan. No longer called the Corporate Plan, the new name for it is Wirral Council Plan: A 2020 Vision.

In introducing the new plan Cllr Phil Davies commented, “but I now think we are broadly akin to a normal council but I think the challenge now is for us to move to become an outstanding council”.

On the plan’s targets he said “this is not just warm words, this is specific targets and commitments that we can measure ourselves against” and “we need to recognise that the Tory government is in power for another five years, I wish that were different but that’s the reality, but we can’t use that as an excuse to do nothing. I think we’ve got a duty to our constituents, our residents to use the resources we’ve got to deliver these priorities”.

So what are the priorities in the new 2020 Vision? They are:

  • Ensure every child has the best possible start in life;
  • Equip all our residents with the skills to enable them to secure quality jobs;
  • Create economic opportunities by attracting enterprise and investment;
  • Treat everybody with respect and dignity in older age;
  • Strive to close the gap in health inequalities and
  • Look after our environment for future generations to enjoy.

Following Cllr Phil Davies’ introduction, each Cabinet Member gave examples from their own Cabinet portfolio of what would improve.

Cllr George Davies (Cabinet Member for Neighbourhoods, Housing and Engagement) said, “everybody no matter who they are deserves a good quality home that’s warm, secure and fit for all residents”. He went on to promise more care homes and supported living accommodation which he described as “vital” for an ageing population. Cllr George Davies pledged that by 2020 they would “build and improve 7,000 houses”.

Cabinet Member for the Economy Pat Hackett referred to £250 million of private sector investment over the next five years and highlighted a number of projects including Wirral Waters and a new golf resort at Hoylake.

Cllr Adrian Jones (Support Services) remarked, “We’ve emerged from a terrible period similar to the Dark Ages and in only three years we’ve changed it from perhaps what was widely perceived as a basket case to a Council (a large part of the credit goes not to politicians but to officers who are sitting here at the back of the room) because they’ve driven it from being the Council that’s absolutely the lowest ever Council of the year to a shining example to be looked on in other parts of the country to be learned from and emulated.”

The Cabinet Member for Adult Social Care and Public Health (Cllr Chris Jones) described the plan as “fantastic” and welcomed the announcement by Cllr George Davies to build more care homes and supported accommodation.

Other Cabinet Members also welcomed the plan in their areas of transport, education and the environment.

As Councillor Chris Meaden (Cabinet Member for Leisure Sport and Culture) wasn’t present, Cllr Phil Davies highlighted their aspirations to increase the tourism sector on the Wirral and commented on the economic benefit to the Wirral of both the Open Golf tournament in 2014 and the more recent Three Queens event.

Cabinet agreed to recommend the new plan to a meeting of all Wirral Council councillors who will meet on Monday 13th July.

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All Merseyside Fire and Rescue Authority councillors voted to close Upton and West Kirby fire stations and apply for planning permission for a new fire station in Saughall Massie

All Merseyside Fire and Rescue Authority councillors voted to close Upton and West Kirby fire stations and apply for planning permission for a new fire station in Saughall Massie

All Merseyside Fire and Rescue Authority councillors voted to close Upton and West Kirby fire stations and apply for planning permission for a new fire station in Saughall Massie

                                                           

Les Spencer of the Saughall Massie Conservation Area Society addresses the Merseyside Fire and Rescue Authority on why they are opposed to a new fire station in Saughall Massie
Les Spencer of the Saughall Massie Conservation Area Society addresses the Merseyside Fire and Rescue Authority on why they are opposed to a new fire station in Saughall Massie

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Above is video footage of the Merseyside Fire and Rescue Authority meeting of the 30th June 2015.

The agenda and reports for this meeting can be found on the Merseyside Fire and Rescue Authority’s website.

Les Spencer, Chairman of the Saughall Massie Conservation Area Society spoke for five minutes at the meeting detailing why they disagreed with the plan to build a new fire station in Saughall Massie.

He said, “My name’s Les Spencer and I’m the chairman of the Saughall Massie Village Conservation Area Society and I’m communicating the majority view of the householders and members who are opposing the plan you can see here today, namely to build a new fire station on green belt land adjacent to our Conservation Area and directly opposite a listed grade II historic stone bridge.

Time does not permit me to present the full extent of our opposition, but we hope you will appreciate the argument is not as black and white as the Chief Fire Officer has been suggesting. At this moment I am unable to fully illustrate the impact of loss of amenity, use, breach of green belt policy, habitat loss, public nuisance to adjacent sheltered housing and a projected drop in nearby property values estimated at ten percent, I have prioritised other concerns.

The Chief Fire Officer has repeatedly stressed that there is no alternative operational response, no plan B. The intention to build in this location has been presented as a matter of dire public safety for residents impacted by the closure of the West Kirby station.

I hesitate to describe his tone as scaremongering but that’s how it seemed at times. As the Committee should be aware the West Kirby/Hoylake/Meols area has had no cover from the West Kirby station for half of the last two years as it has been operationally closed for half of every week with call-outs covered from Upton. Presumably a risk assessment was conducted by the Fire Authority and it was felt that closure for approximately 180 days a year didn’t unacceptably compromise residential safety in the West Kirby area. Indeed we believe that call-out response times of ten minutes from Upton to the area concerned is broadly comparable to national averages and to many other parts of Merseyside.

Why is it currently acceptable to provide fire and emergency cover from Upton, but apparently of such critical importance to do it from a proposed Saughall Massie green belt site in the future?

If it is felt that response times from Upton to West Kirby need shortening, then why doesn’t the Fire Authority use one smaller targeted response vehicle to complement the larger appliances on a consolidated improved site at Upton? This would cost a lot less than the £4.2 million anticipated for the Saughall Massie station.

Like the ambulance services these vehicles can be on standby, on the road awaiting call outs and updates from Upton. Why is it that Merseyside, which is one of the largest UK fire authorities still sends out fully manned larger appliances to minor call outs? Is there internal union resistance to more flexible operational responses? Is this reliant upon large appliances dictating operational restructure in this case.

It is clear that Merseyside Fire Authority have set a precedent that cover from West Kirby can be safely provided from Upton, so there is despite what the Chief Fire Officer says an option B and that’s closing West Kirby and redeveloping Upton.

There’s also a plan C and that’s to employ a smaller targeted response vehicle to supplement cover from Upton. This development completely hinges upon getting permission to build on green belt land. Emergency services can seek planning permission on green belt land if they can prove very special circumstances and only where there are no alternatives. We contend that there is a workable alternative and that is based on the redevelopment of Upton but for whatever reason this hasn’t been fully publically debated.

There are also financial aspects of this development that seem to compromise public perceptions of transparency and suggest conflicts of interest in the planning process. There is clearly a conflict of interest that the sellers of the Saughall Massie land are Wirral Council whose officers will adjudicate approval of any planning application and also whether very special circumstances are actually present.

The land is currently worthless but with planning will be much more valuable. What price and terms have been agreed for the Fire Authority to acquire this land? Who will actually pay for it Merseyside Fire Authority or via grant from central government? How much capital inflow does the Authority expect from the sales of West Kirby and Upton?

Forgive us for being cynical but would the drivers for this development be mostly financial and the perceived safety needs of West Kirby residents a convenience to justify the development? The Fire Authority stands to gain the resale revenue of Upton and West Kirby and Wirral Council might be receiving a commercial price for an otherwise worthless piece of land.

From a cashflow position that seems like a win for everyone other than the local residents. Furthermore we gather this scheme in principle has been approved by central government through a £1.49 million DCLG grant, but might that be predicated upon an exaggeration of the dangers of longer response times to West Kirby? Do the grant providers know that an adequate service is already being provided from Upton for 50% of each week and that redevelopment of Upton would cost the public purse a fraction of the £4.2 million total cost of a new Saughall Massie station.

Our feeling is that very special circumstances might be being inflated to circumvent green belt protection and to achieve financial restructuring benefits and access to central government grants. It looks as though special circumstances are further being boosted by attempts to involve Merseyside Police and the North West Ambulance Service as subsidiary tenants. However neither party has shown any expression of interest so I hope they will be excluded from the planning consideration.

Much is said about the health and safety benefits to West Kirby by moving to Saughall Massie but what of the lengthening response times from Upton, the primary dangers are to Arrowe Park Hospital.”

At this point Councillor Leslie T Byrom (who is Vice-Chair and was chairing the meeting as the Chair was absent) pointed out that Les Spencer had used up his five minutes. Councillor Lesley Rennie asked for more time but Councillor Byrom refused to any extra time for Les Spencer.

The Vice-Chair then asked if there was anyone with a contrary view to what had been said?

Tommy Hughes, Vice-Chair Merseyside Fire Brigades Union speaking at the Merseyside Fire and Rescue Authority meeting on the 30th June 2015
Tommy Hughes, Vice-Chair Merseyside Fire Brigades Union speaking at the Merseyside Fire and Rescue Authority meeting on the 30th June 2015

Tommy Hughes, Vice Chair of Merseyside Fire Brigades Union indicated he wished to speak. He apologised for Mark Rowe as Mark Rowe couldn’t make it as he was in a committee meeting but said that the comments he was about to make reflected the viewpoint of Merseyside Fire Brigades Union.

Mr Hughes said, “The Fire Brigades Union I’d first of all like to state always supports local communities when we come together to fit unnecessary and damaging cuts to essential services. Yet we do in this instance agree with the Chief Fire Officer and with the Fire Authority that fire stations staffed with firefighters twenty-four hours a day, seven days a week is the most effective way to immediately deploy firefighters into their communities to save and preserve life.

We also agree that fire engines staffed with five firefighters is the safest and most efficient way to deal with the multitude of different rescue scenarios that firefighters can face every day of their working lives. Therefore the FBU are committed to defend whole time fire cover in Merseyside and also to fight to protect safe and effective crewing levels.

On a purely professional level and as firefighters, we are fundamentally opposed to the use of small fire units or target response vehicles. Their very name gives an insight to the limitations of these vehicles. They can only safely and effectively deal with small fires. What they do is they divert valuable funding away from maintaining fully staffed and crucially fully equipped fire appliances.

Firefighters clearly need the correct tools for the job to carry out effective rescues, wherever and whenever that may need to be the case. Sending firefighters to emergency incidents in transit vans or in cars severely limits what we’re able to do when we arrive at those incidents. I’m sure that you want to debate that it is no cliché that in these situations every second really does count. Every firefighter on every station in the country would echo those views.

I’d also like to say it’s not your firefighters, it’s not the Chief Fire Officer and it’s not the Authority who have caused this situation to arise. It’s the government who have forced this situation, it’s the government who have forced this situation on the fire service and on the communities of Greasby and Saughall Massie.

In light of recent events in Europe and North Africa and the potential for terrorist attacks in the UK, these cuts I’m sure you’d agree look even more dangerous. That’s why the Fire Brigades Union are committed to fighting these cuts both locally and nationally although we do fear there is yet worse to come. Thanks Chair. ”

In a later part of the meeting councillors (see picture below) voted to close Upton and West Kirby fire stations. Merseyside Fire and Rescue Service will now apply to Wirral Council for planning permission for a new fire station on the Saughall Massie site.

Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie
Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie

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