A blog about Wirral Council's public meetings, Wirral Council's councillors, Bidston & St. James ward and other public bodies on Merseyside
Author: John Brace
New media journalist from Birkenhead, England who writes about Wirral Council.
Published and promoted by John Brace, 134 Boundary Road, Bidston, CH43 7PH. Printed by UK Webhosting Ltd t/a Tsohost, 113-114 Buckingham Avenue, Slough, Berkshire, England, SL1 4PF.
Wirral Council spent £284,925.60 on 6 tractors, £168,474.83 on solar panels and £115,394.72 on Jack and the Beanstalk
Wirral Council spent £284,925 on 6 tractors, £168,474.83 on solar panels and £115,394.72 on Jack and the Beanstalk
As it’ll be Christmas Eve tomorrow, I thought at least one Christmas related invoice would be a good idea. So below is an invoice for £115,394.72 for a production of Jack and the Beanstalk at the Floral Pavilion. Wirral Council of course will have made something from sales of programmes and tickets.
In case there are those who don’t remember what the story of Jack and the Beanstalk is about, it’s a story about Jack taking the cow to market to be sold. He accepts magic beans in exchange for the cow, his mother is furious, throws the beans to the ground and sends Jack to bed. In the end Jack steals from the giant, kills the giant and he and his mother live happily ever after.
However here in the invoice:
Wirral Council invoice UK Productions Jack and the Beanstalk Floral Pavilion £115,934.72
And when the giant looks down from his castle in the sky, he might see some of Wirral Council’s new solar panels. Foz Contract Services Limited sent in an invoice earlier this year to Surjit Tour for £108,638.51. This is only part of the amount to be paid however, the grand total comes to £168,474.83.
On the bright side (geddit, bright side?) Wirral Council can claim back the VAT of £28,079.14. Here you go with that invoice:
Wirral Council invoice Foz Contract Services Limited 13th February 2014 Installation of PV Panels £108,638.51
And just to round it off, here’s a Wirral Council invoice for an order for 6 tractors from Turner Landscape (of a total of eight ordered). Each tractor cost £39,573 + VAT (total £47,487.60 each). However each tractor comes with an “instruction book”, radio, wheel & tyres, mirrors, an engine et cetera. The total for all six comes to £284,925.60 (including VAT) . Here are the invoices.
Wirral Council invoice Turner Landscape page 1 of 4 £284,925.60 6 tractorsWirral Council invoice Turner Landscape page 2 of 4 £284,925.60 6 tractorsWirral Council invoice Turner Landscape page 3 of 4 £284,925.60 6 tractorsWirral Council invoice Turner Landscape page 4 of 4 £284,925.60 6 tractors
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Underhill, Kay and Tomlinson LJJ dismiss appeal of former Wirral Council solicitor Gregory Eyitene of earlier Employment Appeals Tribunal decision involving allegations of race and disability discrimination
Underhill, Kay and Tomlinson LJJ dismiss appeal of former Wirral Council solicitor Gregory Eyitene of earlier Employment Appeals Tribunal decision involving allegations of race and disability discrimination
Tim D N Kenward Invoice 2 Page 1 of 2 7 Harrington Street Chambers 19th April 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £900 written advice draft letter
I’m going to write about a rather complicated story now involving a former Wirral Council employee who worked as a solicitor there called Gregory Eyitene.
Mr Eyitene made claims of race and disability discrimination against Wirral Council which was heard by an Employment Tribunal in Liverpool (Employment Judge Ryan, Mr Roberts and Mr Gates) many years ago (the decision was sent out to parties in February 2012). The Employment Tribunal decided in favour of Wirral Council, but Gregory Eyitene then appealed this Employment Tribunal decision to the Employment Appeals Tribunal.
When it was heard by the Employment Appeals Tribunal in 2013, HHJ Richardson, Mrs A Gallico and Ms G Mills dismissed his appeal of the earlier Employment Tribunal decision. Mr Kenward of 7 Harrington Street Chambers appeared at this stage on behalf of Wirral Council.
Gregory Eyitene then appealed the decision of the Employment Appeals Tribunal to the Court of Appeal (Civil Division).
Underhill, Kay and Tomlinson LJJ dismissed his appeal in 2014. The latest decision in the case can be read online [2014] EWCA Civ 1243 and makes for interesting reading.
Mr Tim Kenward of 7 Harrington Street Chambers (who had also appeared for Wirral Council at the EAT stage) also appeared for Wirral Council in the Court of Appeal. Gregory Eyitene (the appellant) who was representing himself, had written in before the hearing to state he was unwell and couldn’t attend but was happy for it to go ahead without him there.
Although you can read the judgement for yourself [2014] EWCA Civ 1243, permission to appeal was granted (mainly) on one point, that is allegations of bias made by the appellant about the original Employment Judge Ryan who referred to a particular aspect of the Appellant’s conduct in the written reasons as “brinkmanship” (paragraph 2.37 of the reasons) as well as other reasons. The lay members (Mr Roberts and Mr Gates) to the original Employment Tribunal decision had stated they hadn’t seen the written reasons before Employment Judge Ryan had sent them out.
The view of the Employment Appeal Tribunal on their original ET decision as quoted in the judgement were as follows on this:
“In our judgment, there is no force in this point at all. The practice is for the Employment Judge to consult the members and agree findings, conclusions and reasons before the judgment and reasons are given. Based on the results of that consultation, the Employment Judge will then give reasons either orally or in writing. There is no reason to doubt that this process occurred here. The fact, if such it be, that the members did not receive a copy of the written reasons does not provide any support for the proposition that they did not associate themselves with the judgment and reasons. The members said they did not have a copy of the written reasons, but nothing in their comments suggests for a moment that they would or did disagree on the question concerned.”
The two lay members at the Employment Tribunal stage stated the following after Elias LJ had required the original Employment Judge and members to provide their comments.
Mr Roberts (one of the two lay members on the ET decision stated):
“This was a lengthy and complex case which generated a considerable amount of discussion between Tribunal members in chambers following completion of the case. I had access to my copies of the bundles and my handwritten notes totalling in excess of 80 pages. Colleagues consulted their own bundles and notes as necessary. In my many years of Tribunal experience, I have rarely been asked to comment on a draft version of the final written reasons for a judgment, nor have I been regularly copied into the written reasons sent to the parties. But I have always contributed fully to discussion and deliberations and been fully consulted in agreeing findings of fact conclusions and a final judgment. I have never had any reason to doubt that the written reasons sent to the parties would do anything other than accurately reflect the views of the Tribunal, unanimous or otherwise. I am content that Judge Ryan issued written reasons in this case that fully reflected the Tribunal’s findings and conclusions.”
and M Gates (one of the two lay members on the Employment Tribunal stated)
“Judge Ryan, Mr Roberts and myself sat down and discussed the issues and matters of fact in relation to all aspects of the case in great detail. We debated the numerous issues that had been raised throughout the hearing. Judge Ryan made full notes on all points and drafted the decision; again, standard practice in my experience. The decision we reached was a unanimous one with a full consideration and input from all the members. Judge Ryan had it typed and sent to the parties. I say this is normal/standard practice on the basis that I have sat as an ET member for over ten years sitting in six Tribunal hearing centres with judges from at least five Tribunal regions, the process followed in the various Tribunals and regions being broadly similar. Throughout my time sitting, I have only twice received from a judge a copy of the typed decision. On both these occasions, the decision of the Tribunal was not unanimous, but majority decisions; the judges on both occasions asking the members to consider the points relating to the differing views in particular.”
So Wirral Council successfully defended themselves at the Employment Tribunal stage, Employment Appeals Tribunal stage and the Court of Appeal stage of the decisions in this matter.
I’ll start this piece by declaring an interest. My wife is in receipt of a Blue Badge.
The pages below are from the lease between Wirral Borough Council & Neptune Wirral Limited & Neptune Developments Limited & Neptune Projects Limited dated 20th June 2011.
Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 1 of 2
NEW BRIGHTON PHASE II – DRAFT CAR PARKING MANAGEMENT PLAN
CAR PARKING ZONES
Car parking within the New Brighton Phase 2 development will be divided into the following 4 zones.
The Hotel Zone – comprising approximately [60] spaces.
The Supermarket Controlled Zone – comprising approximately [423] spaces.
The Health and Fitness Club Controlled Zone – comprising approximately [100] spaces.
The Uncontrolled Zone – comprising approximately [151] spaces.
CAR PARKING ZONE DEMISES
The Supermarket Controlled Zone and the Uncontrolled Zone will be demised to the supermarket operator.
The Health and Fitness Controlled Zone will be demised to the Health and Fitness Club Operator.
The Hotel Zone will be demised to the Hotel operator.
CAR PARK OPENING HOURS
The intention is that the car park will be open 24 hours a day. However good estate management practice may mean that it could become necessary to physically close the Supermarket Controlled and Uncontrolled Zones. On Mondays to Saturdays the car park zones may only be closed 15 minutes after the last commercial use within the development closes for business and shall re-open 30 minutes before the Supermarket opens for trade. On Sundays and Bank Holidays the car park shall remain open from 8:00 a.m. to 11:00 p.m. as a minimum.
With regard to the Health and Fitness Controlled Zone, on Mondays to Saturdays the car park may only be closed 15 minutes after the facility closes for business and shall be re-opened 30 minutes before the facility opens for use by members of the public. On Sundays and Bank Holidays, the car park shall remain open from 9:00 a.m. to 9:00 p.m. as a minimum.
Opening hours of the Hotel Zone shall be at the absolute discretion of the Hotel Operator.
In the event of a flood warning the operators of all Zones will be entitled to close the Car Park.
LIMITATION ON FREE PARKING
Within the Supermarket and Health & Fitness Controlled Zones, free parking will be limited to 3 hours between the hours of 10:00 a.m. and 6:00 p.m. It should be noted that disabled parking spaces will not be subject to this limitation.
Users of the Floral Pavilion Conference Facility will not be subject to the time restriction when using the Supermarket Controlled Zone. The mechanism by which such users are
g:cvm6711182new brighton phase II drafal car parking management plan.doc
Wirral Council lease Neptune Wirral Limited Neptune Developments Limited Neptune Projects Limited 20th June 2011 for New Brighton Phase II draft car parking management plan page 2 of 2
identified will need to be agreed by the supermarket operator acting reasonably but it likely to involve the issuing of passes for display within the vehicles. The mechanism will be administered by the operator of the Floral Pavilion Conference Facility. It should be noted that the exemption on time limit will not apply to users of the Theatre.
Enforcement of the time limit will be by means of foot patrol or number plate recognition systems. The uses of clamping will not be permissible. Details of the enforcement method to be adopted shall be submitted to the Council for approval such approval not to be unreasonably withheld or delayed.
AMENDMENTS TO THE CAR PARKING STRATEGY
The Supermarket and Health & Fitness Club operators may submit proposals for amending or refining the Car Parking Management Plan from time to time. WBC will give such proposals appropriate consideration and will, at its absolute discretion, determined their acceptability and notify the operator(s) accordingly.
However, if the Council introduced on street car parking charges and/or charges for the Fort Perch Rock car park, then the Supermarket and Health & Fitness Club operators will be permitted to amend the Car Parking Management Plan relating to the introduction of charges and/or revisions to reduction in the 3 hour free parking time provided to introduce similar changes to those introduced by the Council. The proposed revisions shall be submitted to the Council for approval, such approval not to be unreasonably withheld or delayed.
g:cvm6711182new brighton phase II drafal car parking management plan.doc
So in other words, when Wirral Council start charging for parking in the Fort Perch Rock car park (which has already been agreed), it could mean an end to the 3 hours free car parking in the 423 space Supermarket Controlled Zone Car Park & 100 space Health and Fitness Club Controlled Zone car park. It could also lead to charges for these car parks as high as what Wirral Council is charging for Fort Perch Rock.
Of course when the Future Council Budget consultation was happening earlier this year, I don’t think this was spelt out to the public in the option, but let’s face it would Wirral Council go to the bother of checking what’s in one of its own leases before issuing it as a budget option? After all the budget options were issued in the name of the Chief Executive and it’s not him, but the Assistant Chief Executive that has responsibility for land/leasing matters.
This option would introduce pay and display parking charges into the Fort Perch Rock car park at New Brighton, where there are presently no charges. The option will generate income from a well utilised car park and requires some investment in providing cash payment ticket machines. There are currently traffic problems developing around the successful New Brighton redevelopment, which it is thought would be eased through this approach. Prior to implementing this option the Council would work closely with local businesses and traders.
Charging would allow the council to continue to offer public car parks into the future in a fair and sustainable manner, particularly given the financial strains on other areas.
IMPACT ON RESIDENTS
May lead to displaced parking into adjacent areas, and may have an adverse impact on visitor numbers and the local economy.
Disabled badge holders do not need to pay for parking as long as they display a valid disabled badge.
IMPACT ON PARTNERS
Prior to implementing this option the Council would work closely with local businesses and traders. Policy already exists for permits to be provided to traders for their employees, and these remove the inconvenience of using pay and display machines each day, and are provided at a small discount. Lead officers for regeneration programmes can brief business partners to this effect prior to the public consultation on budget options.
Interestingly the proposed changes to charge for the Fort Perch Rock car park were opposed during the consultation at one of the overview and scrutiny committees by one of Labour’s councillors for New Brighton Cllr Rob Gregson.
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Wirral Council reveals it identified £1,256,823 of fraud and £409,311 of “irregularity” in the last year
Wirral Council reveals it identified £1,256,823 of fraud and £409,311 of “irregularity” in the last year
One of the advantages to the new transparency regime imposed on Wirral Council by national government regulations is that they’re being forced to publish more information about their activities by the deadline of 31st December 2014.
For example the information below is on their fraud investigating efforts. As I’m obliged to do so under the terms of the licence I will state “This contains public sector information licensed under the Open Government Licence v3.0.”
The regulations explicitly referred to came into effect until 6th April 2014, therefore couldn’t have actually been used at all by Wirral Council in the 13/14 financial year. Looking at the new regulations it’s about requesting information from such as banks on people suspected of housing fraud.
Total number (absolute and full-time equivalent) of employees undertaking investigations and prosecutions of fraud 7
Total number (absolute and full-time equivalent) of professionally accredited counter fraud specialists 7
Not quite sure whether these are a total of 14 employees or the same 7 in both categories.
Amount spent by the authority on the investigation and prosecution of fraud £159,000
Probably a combination of employee time, legal costs and external costs
Number of fraud cases investigated 507
So split between 7 FT employees, that’s an average of 72 each a year or 26 hours per a case.
Total number of occasions on which fraud was identified 71
Well I’d expect this number to be less than 507.
Total number of occasions on which irregularity was identified 436
In other words in every fraud case investigated where fraud wasn’t found, it was put down as irregularity.
Total monetary value of the fraud that was detected £1,256,823
Well I expected it would be something, but £1.2 million in a year (compared to the size of Wirral Council’s budget and financial transactions isn’t too bad I suppose. So each fraud was on average for an amount of £17,701, but cost on average £2,239 per identified fraud case to investigate.
Total monetary value of the irregularity that was detected £409,311
I still don’t fully understand what irregularity means but there you go! Maybe someone can leave a comment and explain that!
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8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016
8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016
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Yesterday (17th December 2014) Wirral Council’s Cabinet decided to close Lyndale School in Eastham on 31st August 2016. You can watch video of how the decision was reached in the above video, the item on Lyndale School starts at 50 seconds into the meeting. Two of the Cabinet (Cllr Stuart Whittingham and Cllr Chris Meaden) were absent at the Cabinet meeting when it was made.
The councillor who proposed closure of the Lyndale School was Cllr Tony Smith (Cabinet Member for Children and Family Services). This was seconded by Cllr Ann McLachlan (Cabinet Member for Governance, Commissioning and Improvement).
The vote was as follows:
In favour of closing the Lyndale School from 31/8/16
Cllr Phil Davies (Labour, Birkenhead & Tranmere)
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
Cllr Ann McLachlan (Labour, Bidston & St James) * Note Seconder of motion
Cllr George Davies (Labour, Claughton)
Cllr Tony Smith (Labour, Upton) * Note Proposer of motion
Cabinet 17th December 2014 vote on Lyndale School closure L to R Cllr Tony Smith Cllr George Davies Cllr Ann McLachlan
Cllr Adrian Jones (Labour, Seacombe)
Cllr Chris Jones (Labour, Seacombe)
Cllr Pat Hackett (Labour, New Brighton)
Cllr Bernie Mooney (Labour, Liscard)
Cabinet 17th December 2014 vote on Lyndale School closure L to R Cllr Bernie Mooney Cllr Pat Hackett Cllr Chris Jones Cllr Adrian Jones
Total 8
Voting Against closing the Lyndale School from 31/8/16
Total 0
Abstentions
Total 0
Therefore with eight votes for, none against and no abstentions, the motion was agreed.
It is possible that at some future point six (or more) councillors will request a call in of this decision. However the Coordinating Committee would decide such a call in and is now short of the two parent governor representatives required to hear a call in on such a matter, you can read this blog post about the questions I asked of Cllr Tony Smith earlier in the week about that.
The Coordinating Committee has 9 Labour councillors, 5 Conservative councillors, 1 Lib Dem, 2 parent governor representatives (although both positions are now vacant) as well as a representative of the Catholic Diocese. It should also have a representative from the Anglican Diocese of Shrewsbury, however the Anglicans have (to my knowledge) not chosen someone yet. That’s a committee of 19 people. However three positions are vacant.
Those associated with the Lyndale School will probably be asking their legal advisers to send a Letter before Claim in this format to Wirral Council’s Cabinet and Wirral Council’s legal department in the near future. Once Wirral Council has received such a letter, they usually have 14 days to respond to such a letter. If the response is not to the proposed Claimant/s’s satisfaction it is highly likely that a case will be filed promptly with the Administrative Court (part of the Royal Courts of Justice) requesting permission for judicial review of the decision to close the school.
If decision on permission for judicial review was granted by a High Court Judge, then it would proceed to a hearing. A decision on permission (if the case was filed in January 2015) would be expected within around three months. If permission is given, a decision on this matter by the court would be expected to be decided within a year (that is if the case if filed in January 2015 by around January 2016 or possibly sooner but certainly before 31st August 2016).
Two newspapers that cover the Wirral area have also written pieces about this decision which you may be interested in reading:
