John Brace | A blog about Wirral Council, Wirral Council's councillors & officers

Cllr Phil Davies says “I think I don’t see why we need to delay” about Birkenhead community newspaper idea

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Dawn Tolcher (Constituency Manager, Birkenhead)
The second update is around two proposals around improving communication. The first one is the promotion of Wirral Well, that’s been …rated now, it’s been drafted as to what tools we can use. We’re looking at a segmented approach with that as to how we deal with the different members of the community.

You communicate with a sixteen year old girl in a different way to a forty year old man and how we develop that. I was just exploring how we could use the empty shops in Birkenhead to help improve the visual presence of the area, but using them to do some on the streets consultation linked with residents. That’s being developed. The second proposal in terms of publication, Surjit’s going to provide an update on that.

Rt Hon Frank Field MP
Would you?

Surjit Tour
Yes, thank you Chair. In so far as the..

Rt Hon Frank Field MP
If you can’t hear at any one time, we will pass the mic back. You know what to do with that don’t you?

Surjit Tour
In so far as that particular item, this particular item is concerned, there is an issue that we do need to explore with regards to the publicity code to ensure that the proposed publication that this committee has considered, would like to consider doesn’t then interfere with the Council’s broader publications.

There are some areas of discussion that need to be had in terms of the interpretation of both the code and the publication itself at this point in time. The suggestion is that Cabinet considers those and that particular issue further with a view towards a significant finding.

As to the issue with regards to the code and whether or not the publicity code will provide or prevent this committee utilising the publication and using the publication because of the broader ramifications and indeed the implications to the Council of that.

Councillor George Davies
Can I ask a question? I just wanted to make a short comment on that one. Can I just ask the question? Following on from that Surjit and I understood and if I’ve got it wrong I apologise.

I understand that when we actually looked at this, we were talking about and we were convinced that Birkenhead because of its poor publicity, ie that the Wirral Globe, the News doesn’t get anywhere near the publicity that local party people do get.

Birkenhead wanted to be a non-political body’s newsletter being sent out to tell the people of Birkenhead exactly what this constituency is trying to do and trying to achieve. We’re not talking, we’re not saying that that had to be anything to do with Wirral West, Wirral South or Wallasey and this is purely and simply our own initiative to make sure that people there understand how we spend their money.

Surjit Tour
Yes I know but unfortunately the code itself makes specific reference to newsletters and newsheets being issued and the issue really whether or not what’s been proposed whether that then emulates commercial newspapers in style or content. Now that’s a debatable and indeed arguable point and that requires further examination and it is really on that point again clarification on that particular point, which is the central to the issue which we need to address.

And to a degree I understand the rationale of the publication and what its purpose is and it’s not intended to be commercial in that sense, but I think it would be wise just to take stock and ensure that we don’t run into difficulties in the event that we do launch this particular publication and then the organisation as a whole is constrained because of the provisions of the publicity code itself.

Rt Hon Frank Field MP
Phil?

Cllr Phil Davies
Yeah I’m a little bit concerned that just because Eric Pickles has issued a Code of Practice that we kind of delay on this and I think the code of, the summary of what the code says about you know lawful, cost effective, objective, even-handed, appropriate et cetera errm I think that’s clear. I think I don’t see why we need to delay, the next Cabinet meeting isn’t until September. By the time you know a further report’s gone back, it’s going to be well into the autumn.

I would have thought, my personal view is that we agreed this was badly needed a long time ago. I think that we should get on with it and you know we need to run it past you as the guardian of the Council’s constitution to check that it ticks all of Eric Pickles’ boxes but I just think a further delay back to Cabinet, it’s going to be halfway through the year before we produce anything. So I, unless there’s any overwhelming reason why, I’d be firmly in favour of getting on with it and just obviously checking before we publish anything if you’re ok with it and it meets with the code of practice.

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Wirral Council loses court battles to overturn government’s £177 million allocation to Merseyside of European money

Earlier this year, there was a hearing in the High Court where the local councils within the Sheffield City Region (Barnsley Metropolitan Borough Council, Doncaster Borough Council, Rotherham Metropolitan Borough Council, Sheffield City Council) and the Liverpool City Region (Knowsley Metropolitan Borough Council, Liverpool City Council, Sefton Metropolitan Borough Council, St Helens Borough Council and Wirral Metropolitan Borough Council) challenged by way of judicial review decisions by the Secretary of State for Business, Innovation and Skills made last year involving how EU Structural Funds between 2014 to 2020 were divided up to different countries within the UK and for the same period how they were divided within the English regions.

To sum up the case briefly, the nine local councils asked the court to quash both decisions so that they could be reconsidered. The Liverpool City Region had been given €221.9 million (about £177 million) and the Sheffield City Region €203.4 million (about £162.3 million) over the 6 years. Comparing 2014 allocations to 2013 allocations and taking into account a 4.3% reserve of funds by the government, South Yorkshire was getting €23 million in 2014 compared to €20 million in 2013 with the Liverpool City Region getting €26 million in 2014 compared to €23 million in 2013.

Mr Jason Coppel QC for the various councils listed above only managed to convince Mr Justice Stewart (over a two-day hearing in January) that the Defendant had breached the public sector equality duty, specifically s. 149(1)(a) and s.149(1)(b) of the Equality Act 2010 c.15. The decisions weren’t quashed and the various councils appealed this decision to the Court of Appeal.

The Court of Appeal heard this case over two days on the 30th June and 1st July. In the appeal decision Dyson, Kay and Floyd LJJ concluded that “we are satisfied that the judge came to the right conclusions on all the main issues and essentially for the right reasons. This appeal is therefore dismissed” and “In our view, the judge was right to reject this domestic law challenge to the decisions”.

At this point you’re probably left wondering, how much did these two legal battles (neither of which resulted in the decisions being overturned) cost Wirral Council? Secondly, should public money be being used to challenge political decisions of ministers when there aren’t enough legal grounds to have those decisions overturned?

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The incredible £20,000 report into Dave Green/Colas that Wirral Council wouldn’t release on “data protection” grounds

Roadworks on the Wirral from 2011
The Colas contract included maintenance of Wirral’s roads

Three and a half months ago I submitted a FOI request for a dozen documents held by Wirral Council that were given to Richard Penn before writing his thirty-nine page report into Dave Green’s involvement in the Colas contract. Over three months later they have replied, providing a copy of the Council’s conflict of interest policy and conflict of interest procedure.

What’s interesting is what’s in the list of ten documents requested that they refused to supply on “data protection” grounds. One of these was a report that cost Wirral Council £20,000 from their then auditor the Audit Commission. It was a twenty-six page Public Interest Disclosure Act report into what happened during the tendering of the multi-million pound Colas contract. Despite Wirral Council’s reluctance to release it in response to my FOI request it was in fact published on their website as it was considered during an Audit and Risk Management Committee meeting that met in September 2010.

Here are some quotes from that report by the Audit Commission that obviously Wirral Council didn’t want to release in response to my Freedom of Information Act request:

“However, the issues raised were genuine concerns and our review did highlight some weaknesses including a lack of clarity about separation of duties, inadequate records and documentation and the need to clarify corporate systems for raising and recording potential conflicts of interest. There were also examples of a lack of proper consideration of or disregard of procedures, for example meeting with potential tenderers during the period between the post tender qualifying stage and tender
submission.” (page 7)

“These weaknesses potentially left the Council and individuals open to external challenge. If there had been external challenge to the contract by an aggrieved bidder, the remedy could have led to substantial damages being paid and loss of reputation by the Council. Going forward, a new EU Remedies Directive applicable to new procurements advertised after 20 December 2009 means that aggrieved bidders now have tougher remedies against public authorities that break procurement rules. The High Court will be able to set aside signed contracts resulting in delays to services, as well as significant and costly litigation and further procurement costs (see Appendix 3 for further detail).” (page 7)

“As noted at paragraph 1, the PIDA concerns were raised with us following an internal PIDA investigation. The Council needs to continually consider the adequacy of its Whistleblowing procedures and how well they are complied with to ensure that individuals have confidence that issues will be fully investigated and lessons learnt.” (page 7)

“Concerns were raised with us that a meeting was held by the Director of Technical Services and another senior officer with one of the tenderers between the post qualifying stage and tender submission.” (page 11)

“However, the meeting was not minuted and so there is no formal record of what was actually discussed. The Director of Technical Services and the other senior officer indicated that the reason for the meeting was to clarify whether tenderers could bid for both the main tender and for the sub-contract work for the in-house tender. Holding this meeting and failing to record it was clearly inappropriate and contrary to procedure and put the Council at risk of non-compliance with procurement regulations and the tenderer at risk of disqualification.” (page 11)

“The invitation to tender clearly specifies the procedure for enquiries from potential tenderers in order for the process to be open and fair for all concerned and to ensure there is no canvassing which would result in disqualification from the tendering exercise” (page 11)

“Concerns were raised with us that the Director of Technical Services had failed to declare a potential conflict of interest regarding a personal friendship with an individual in one of the firms bidding for the contract.” (page 12)

“Our review confirmed that a conflict of interest form was submitted by the Director but this was done retrospectively. We found no evidence of any information being shared as part of this association.” (page 12)

“The Director of Technical Services completed a conflict of interest declaration on 11 November 2008 and submitted it to the Chief Executive to be considered at his next annual Key Issues Exchange (KIE) meeting which was held in November 2008. However, it was following the award of the contract (16 October 2008) and should have been submitted and discussed with the line manager at the start of the tendering process. In addition, as the tenderer was an existing contractor, there should have been existing annual declarations on file. This retrospective declaration has clearly allowed the relationship between the Director and the individual to be viewed with suspicion.” (page 12)

“The Director of Technical Services indicated that the individual in the firm is an acquaintance who is a close friend of his brother who had previously worked for the firm. Although the Director was aware that the individual worked in the firm he judged that there was no conflict to declare. Once he became aware that the individual would be involved in the contract going forward the Director submitted his conflict of interest form in line with his judgement and his interpretation of the Council’s procedures.” (page 12)

“However, Council procedures clearly state that in order to manage conflicts of interest (including any perception of a conflict), employees should complete the form even if there is nothing to declare and return it to their line manager at the KIE and any amendments should be made immediately. During our review we found no evidence of any annual declarations of interest for the Director prior to the one submitted on 11 November 2008 apart from those covering the period when his brother worked for the firm. However, the absence of annual declarations was not unusual in the Council at that time and was raised as an issue in Internal Audit reports during 2008 and a memo dated March 2009.” (page 12)

“The key issue is whether the Director or his line manager should have made the judgement about whether and when a potential conflict should be declared. Our view is that it was the responsibility of the Director to make the line manager aware of his ‘acquaintance’ when the firm first contracted with the Council and this should have been reviewed when the tendering exercise started and the firm received an invitation to tender. The judgement about whether it was a conflict (or a possible perceived conflict) then rests with the line manager and arrangements could have been put in place to ensure that it was appropriately managed and any ‘perceptions’ of conflicts rebuttable.” (page 13)

“As noted above, the absence of annual and updated declarations as well as poor evidencing of review and consideration by line managers was not unusual within the Council. We also found during this review that there were weaknesses in the procedures around the employment of consultants, for example ensuring sign up to confidentiality clauses and completion of conflict of interest forms and supporting consideration (one of the consultants had previously worked for the winning firm).” (page 13)

“The Council needs to continually consider the adequacy of its Whistleblowing procedures and how well they were complied with to ensure that individuals with genuine concerns have confidence that issues will be fully investigated and lessons learnt.” (page 15)

“During the period when the contract was tendered and let any external challenge by aggrieved bidders could have lead to damages being paid.” (page 23)

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EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

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Planning Appeal to OUT/13/01259 Land adjacent Marsh Lane Higher Bebington CH63 5PP Part 2 Committee Room 2, Wallasey Town Hall, 23rd July 2014

In an update to a story about an informal planning appeal hearing held at Wallasey Town Hall last week the Planning Inspectorate have made their decision to refuse the appeal. The site is currently a paddock with stables next to Storeton Woods.

The original grounds Wirral Council planning officers had given for refusing the application were inappropriate development in the greenbelt, highway safety and the effect it would have on trees covered by a tree protection order. The main issue for Planning Inspector Griffiths to consider was whether ten houses on this site (planning permission has already been given for conversion of the existing stables to three houses) was inappropriate development in the greenbelt.

On highway safety grounds, Inspector Griffiths disagreed with Wirral Council officers and local residents, as he regarded the extra traffic would not be significant. The Appellant had proposed moving a sandstone wall with an adjacent property to provide an access road to the ten houses. However in the Planning Inspector’s decision he stated this “would complicate and disrupt the continuous linear nature of the sandstone wall in an injurious fashion”.

The trees on the appeal site, which were protected by a tree protection order, were also referred to in the decision as “attractive features that contribute positively to the area.” He also felt it wasn’t clear that the moving of the sandstone wall for the access road could be done without resulting in the loss of trees.

Erecting ten houses (with gardens) on the site with an access road would affect the openness of the greenbelt permanently. In conclusion the Planning Inspector stated that “the proposal would have a harmful impact on the character and appearance of the area” and would “conflict with UDP Policy HS4 that requires proposals for new housing development not to result in detrimental change in the character of an area, amongst other things, and UDP Policy GR7 that, in simple terms, seeks to protect trees.”

There was a long discussion at the end of the hearing about housing land supply. The Council’s position was that it had a six-year supply of deliverable housing sites (or five years with a 20% buffer). The Appellant, using figures from the previous Regional Spatial Strategy instead said that the Council could only demonstrate a four-year supply or three and a half-year supply with a 20% buffer. The inspector commented on the housing land supply in his decision “Against that overall background, and on the basis of the evidence before me, it is difficult to reach a definitive view as to whether or not the Council can demonstrate a five-year supply of deliverable housing sites.”

In conclusion the Planning Inspector stated that even if Wirral Council couldn’t prove a five-year supply of deliverable housing sites, that the provision of ten houses on the site along with highway improvements weren’t enough to outweigh the harm caused by inappropriate development in the greenbelt. Therefore the appeal didn’t constitute the “very special circumstances” for development in the greenbelt and was refused.

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Incredible: 1 of many responses to the Lyndale School consultation that Wirral Council refuse to release

Labour councillors at a public meeting of Wirral Council’s Coordinating Committee voting to consult on closing Lyndale School (27th February 2014)

Rather predictably, Wirral Council turned down my Freedom of Information Act request for the responses to the consultation on the closure of Lyndale School yesterday, on the basis that they would be publishing them as part of the Cabinet papers for the special meeting on the 4th September. Rather worryingly they stated in their response “Wirral Council can confirm that the requested information will be made available and published during September 2014”, however a legal requirement requires them to publish such reports at least “five clear days” before the meeting meaning the latest the responses should be published is the 27th August.

Applying the “public interest test” to this Freedom of Information Act request, they go on to state “the Council believes that all the information/responses for the consultation require collating and then they are published as a complete article. The Council does not want to release partial information at this time and
then have to amend its response.”

They’ve also not answered my question about how many responses there were to the consultation. I previously published, on the 14th July the Parents’ Response to Wirral Council Consultation Document on the Closure of The Lyndale School which in print form (at least on my computer anyway) runs to fifty-three pages.

Although councillors were sent it before the debate on Lyndale School at the last full Council meeting on the 14th July, I remember during that meeting, the Mayor Cllr Foulkes stating that he’d only received it on the Saturday before the meeting (which was on Monday evening) so how could he be expected to have time to read it before the meeting (or words to that effect)? Similar reasons were also given by councillors last week on the Audit and Risk Management Committee over the amount of time to read a late 526 page supplementary agenda.

So, despite the fact that Wirral Council don’t seem to want the consultation responses to be published until around a week before the special Cabinet meeting (perhaps because all the responses will be hundreds of pages) here is a another consultation response from a married couple of a child at Stanley School. If Lyndale School closes, Stanley School is one of the two schools that Wirral Council have suggested that Lyndale children will be transferred to. I’ve blacked out the names and contact details of the parents who wrote this response.

LYNDALE CONSULTATION
Personal observations and thoughts from Parents with a child at Stanley School who has Severe Learning Disabilities, Autism and who is non-verbal.

Mrs XXXXXX attended the Consultation Meeting held at Stanley School on 3rd June and visited Lyndale School on 10th June, spending a morning meeting children and staff.

Firstly, the consultation document has no explanation of PMLD other than that it means Profound and Multiple Learning Difficulties (or is it Disabilities!) There is also nothing about the children currently at Lyndale (apart from the number of pupils) and their complex health and medical needs which are especially relevant to this consultation. This document has not made it easy for people and parents of especially Stanley school where there are currently no children with PMLD to be consulted properly when there is no meaningful information about the children that go to Lyndale in it. It is far too general and the information too money focused with nothing about the very complex needs of the children. The term CLD is also only defined as Complex Learning Difficulties (also disabilities) and no explanation or example given again.

We are against the proposal to close Lyndale School for the following reasons:

Lyndale school caters so well for the children who go to that school. Why jeopardise that? The children have very specific educational, care, health and developmental needs which we do not feel can be met at any other Wirral school. All avenues should be thoroughly explored to keep Lyndale School open. It is a vital part of the community it serves and it enriches the lives of the children that go there. Their families feel safe in the knowledge that their children are safe, happy and well looked after by the staff and health professionals at the school. This also aids their educational learning.
Large schools are not necessarily better schools. The advantage of a smaller school especially for children with PMLD is that their needs can be met in more manageable and stimulating surroundings and class sizes can be much smaller and better personalised.
Stanley school as it is currently staffed and equipped is not suitable for the children who go to Lyndale. It will need substantial investment to improve its suitability if it hopes to give children from Lyndale the same quality of life they currently have.

We can only comment on Stanley and not Elleray Park.

The children who attend Stanley school as well as having Complex Learning Disabilities, in many cases also have additional needs stemming from autism, communication difficulties and behavioural issues. They do not have the same physical frailties as most of the Lyndale children and many will not understand the potential dangers of physical interactions.
The practicalities of putting together 90+ very physically active children with predominantly physically frail and vulnerable children is a real worry for us and other parents/carers from both schools. There is a very real possibility of harm being caused inadvertently.
Bringing the Lyndale children to Stanley school will bring massive disruption to all of the children from both schools. It also raises serious safeguarding issues when physically frail children are in close proximity to robust physically active children with unpredictable behaviour patterns.
Stanley school has one full time nurse. Additional specialised staff would be needed (at significant cost) to provide medical support for the Lyndale children’s medical and health needs. Also specialised training in lots of areas including tube feeding and use of oxygen would be essential.
Outdoor environment. There is a lack of suitable outdoor play space at Stanley even for the current children who attend. For a new build this is unacceptable and should not have been allowed to happen. There are no green spaces nor the sensory garden which was promised. The upper school playground is the
area in which the school transport drops off and picks up and was painted by the council with road markings. This has caused a vast amount of confusion and problems for a lot of children who are directed to play there when parents/carers spend so much time and effort trying to teach road safety. It will be even more unsuitable and totally uninspiring for children whose current school has a vast
amount of greenery, quiet areas, a wonderful sensory garden and practical outside spaces.
Indoor environment. The new Stanley school has been set up to be predominantly low arousal and this conflicts with the stimulating environment at Lyndale.
There is not currently the capacity at Stanley to cope with the relocation of Lyndale children and provide spaces for children coming through the new Education Health and Care Plan (statementing) process due to begin September 2014.
Parents/carers chose a school for their child based on circumstances at the time of statementing. If Lyndale is closed then the council will be shifting the goal posts for many of the pupils in other Special Schools as well. This may lead to parents/carers of children in the other schools exploring alternative provision for their own children’s education as the whole ethos and set up of that school will change.
The ideal time to bring Stanley and Lyndale together would have been when Stanley was rebuilt. The new Stanley school could have been designed to cater for all the children and would have brought the 2 schools together in one space under one roof in a totally planned and coordinated way having regards for the needs of both sets of children. This possibility of closing Lyndale and transferring the children to other schools just seems totally haphazard.
Yes Stanley can be changed, but at what cost to Lyndale and Stanley children’s current and future education and lives? For us as a family it is not a case of not wanting Lyndale children, rather it is more that it shouldn’t have come to this situation, forcing a decision by this consultation.
Closing Lyndale will severely reduce the flexibility and capacity of Special Educational Needs primary school places in the borough. This is a very piecemeal and frankly idiotic way of planning SEN provision in Wirral.
SEN provision in the borough needs to be considered as a whole and not on a school by school basis as seems to be happening at the moment. Closing one school will have a massive effect on the sector because of the relatively small size of that sector. Once a school is closed there is no going back for anyone! This is a very risky strategy.
Special schools are not the same as mainstream where they can fairly easily absorb pupils from other schools if one is closed. There are many more wider issues to consider around SEN and disability. Transition, well being, funding, resources and integration are more complex.
The Council should be looking at the whole picture. Look at what there is now and plan for the long term future. There is a real need to come up with a sensible plan and not do it school by school.
The Wirral Councillors making these important and ultimately life changing decisions for many children and their families have absolutely no understanding (unless they have a disabled child or relative themselves) of the demanding and challenging issues those children and families face day to day. That is why it was so important to visit Lyndale, see the children, the school, meet with the staff and gain a valuable insight into the educational lives of these children and what it means to their families.
Each day can be a massive struggle for parents/carers and their disabled children and it is the staff and health professionals at our special schools who provide much needed and essential support to these children and families. Our Special schools of Lyndale and Stanley are very different from mainstream schools in the way that they operate a very flexible open door policy and the staff are very much like an extended family you can call on for advice and support when you need it. They are more than educational establishments, they are family and treasured for what they bring to our children. The depth of feeling on this special relationship should not be under estimated. If Lyndale is closed that
relationship will be ripped apart from those children and families. How can you replace that?
Our children are all individuals with their own specific needs and personalities and their parents/carers know their child best. They are the ones that should be listened to and taken notice of in all areas affecting their children, especially about their education, happiness, health, safety and security. Every child is different and you cannot generalise their needs. What may be ok for one child
could be horrendous for another and people don’t always think about that. They are all children who deserve the best we can give them to enable them to flourish and have a happy life.
It was an absolute privilege to visit Lyndale School and it would benefit no one to
close it. It would cause intolerable stress and anxiety to children, families and
staff who are uncertain about their jobs. How can taking away a major part of
their daily lives and support system be beneficial?

Mr & Mrs XXXXXX

If you have a response to the Lyndale School consultation you’d like published on this blog please email it to me at john.brace@gmail.com.

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Cllr Phil Davies says “I think I don’t see why we need to delay” about Birkenhead community newspaper idea

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Wirral Council loses court battles to overturn government’s £177 million allocation to Merseyside of European money

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The incredible £20,000 report into Dave Green/Colas that Wirral Council wouldn’t release on “data protection” grounds

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EXCLUSIVE: Planning Inspector Griffiths refuses appeal for 10 houses in greenbelt near Storeton Woods

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Incredible: 1 of many responses to the Lyndale School consultation that Wirral Council refuse to release

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