How did the Lyndale School closure consultation begin?

How did the Lyndale School closure consultation begin?

How did the Lyndale School closure consultation begin?

                                  

Councillor Tony Smith (Cabinet Member for Childrens Services) talks at a meeting of Wirral Council's Cabinet about deciding to consult on closing Lyndale School (16th January 2014)
Councillor Tony Smith (Cabinet Member for Childrens Services) talks at a meeting of Wirral Council’s Cabinet about deciding to consult on closing Lyndale School (16th January 2014)

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Video footage starts at ends at 1:53 ends at 28:48 (just under 27 minutes)

Next week Wirral Council will start a consultation on closing Lyndale School. I thought it would be useful prior to the consultation to publish a transcript of the Cabinet meeting held back in January where it all started. I will state this caveat though. Some of the things stated at the January Cabinet meeting are now incorrect as Wirral Council withdrew its application to the Education Funding Agency for an exemption from the minimum funding guarantee (the minimum funding guarantee guarantees the school gets at least 98.5% of last year’s funding).

Cabinet 16th January 2014
Committee Room 1, Wallasey Town Hall
Agenda Item 14. Report seeking approval to consult on the closure of Lyndale School

This is a link to the Cabinet report titled “Report seeking approval to consult on the closure of Lyndale School”.

Transcript

CLLR PHIL DAVIES
Now I’ve been given notice that we have a parent of Lyndale School, Dawn Hughes. Welcome Dawn. So it’s my intention to allow Dawn to address the Cabinet, then I think Julia Hassall (the Director of Children’s Services) will introduce the report and then Tony Smith Cabinet Member will want to make some comments. So that’s the procedure that I intend to adopt. So Dawn, can I invite you to come forward and speak to us. Could you just give us your full name and address first of all before you say anything to us?

DAWN HUGHES
Yeah, it’s Dawn Hughes, 24 ??? Road, Bebington, Wirral.

CLLR PHIL DAVIES
Now Dave is just going to switch on the microphone for you, OK. So just take a seat, in your own time just say what you want to say to us.

DAWN HUGHES
Can I ask if these could be passed round?

CLLR PHIL DAVIES
Of course, absolutely, yeah, yeah.

DAWN HUGHES
My name is Dawn

CLLR PHIL DAVIES
Just take your time, that’s fine, yeah, thank you.

DAWN HUGHES
Hello everyone, my name is Dawn Hughes which you’ve just heard.

My daughter Ellie attends Lyndale School and the disruption that is being proposed is a lot worse than Miss Hassall’s report. It would take me longer than five minutes just to explain my child’s diagnosis and all the ways it affects her daily life.

She is not unusual at Lyndale, this is the level of capacity that the nursing staff deal with every day. But to deal with practical matters first, I want to ask you to show us that you are sincere when you say that you have the needs of our children at the heart of this process by further extending the twelve week consultation and allowing our governors access to resources like Council staff time so that we can explore other options. Then we can take all the time needed to give due weight to this important issue.

Miss Hassall’s report details falling roll numbers at Lyndale, leading to escalating costs with little qualifying information. The truth is that Lyndale has lived under the threat of closure for eight years which leads pre-school services to discourage prospective parents.

Lyndale parents have strongly supported a two to nineteen option for Lyndale for many years so that their very vulnerable children can avoid the unnecessary and cruel distress of transition to an unfamiliar environment and community. This option along with inviting in children from out of area would have increased roll numbers and it is still possible for this to happen if the will is there.

This report says that Lyndale is not financially viable, but the national average spent, the amount on PMLD children is £29,000. That’s against Lyndale’s spend of £33,000, a shortfall of £4,000 per a child and that’s not considering the complexity of needs. Also not a great deal of scope in terms of the local authority budget. This shortfall would be lessened by greater occupancy. The high need of our children means that the cost of education would be the same provided by an alternative school or an alternative.

Our parents feel that the £16,000 top up for PMLD [profound and multiple learning difficulties] children is simply not enough to cover their needs and clearly we’re looking at how this figure was arrived at. Is it based on need or cost?

We know national government decisions have made things difficult but the Discretionary Schools Grant is administered locally and it is within your powers to allocate more where there is need. The SEN [special educational needs] Improvement Test legally means that you have to provide as good as or preferably better provision for our children.

The test would have to look at provision in the suggested alternative schools. Miss Hassall has said that Stanley School and Elleray Park are equipped to take Lyndale children but they are already full to bursting. I spoke to both schools recently. Stanley said they had 97 children already against a capacity of 90 and Elleray Park has 92 pupils and only 75 actual places. Where are our children going to fit?

If you plan to extend these schools why not invest that money to continue to provide good quality PMLD [profound and multiple learning difficulties] provision at Lyndale? Stanley School has never in its history had a PMLD [profound and multiple learning difficulties] child so it has no experience in this field. Lyndale parents are very worried about the safety of their children and their needs.

We contemplate the mix of PMLD [profound and multiple learning difficulties] and children with behavioural difficulties. Many of our children are on life support, oxygen, naso-gastric or gastroscomy feeds and should any of this equipment be pulled out it could be fatal within seconds.

Many of our children cannot purposefully moved at all, and should they be bitten or hit, and should they be bitten or hit they cannot defend themselves. It is madness to put these two types of children together.

Lots of our children are hyper-sensitive to noise or some movement for example. For some children noise is unbearable and induces seizures. My own daughter’s hypersensitive and contracts painful muscle spasms which can last for months leaving her unable to sleep, eat or swallow amongst other horrible symptoms. I don’t even have family around at Christmas because Ellie can’t tolerate bustle, how would she cope in a big, noisy school?

The alternative to mixed disability classes would be to segregate our children within a mixed school. The problem here is that in an emergency (such as a child needing resuscitation or having a seizure which happens frequently to many of our children) medical staff would have to navigate their way through keypad locked doors losing valuable seconds which again could prove fatal to our children.

Aside from these very real safety concerns, Stanley and Elleray are not suitable in this way. Lyndale provides a community atmosphere where children can move freely and safely around the school, visiting each other’s classrooms and socialising at lunchtime and other activities. Why should they be locked away for their own safety in a school which is unsuitable for them in the first place?

No one would sensibly suggest putting heart patients and meningitis sufferers on the same ward with the same doctors for the obvious reasons that they require different environments and treatments despite both having the label of “being ill”. In the same way we can’t treat all children that who have got the label of learning disabilities in the same way either.

Autistic and PMLD [profound and multiple learning difficulties] children have very different medical, environmental, educational and emotional needs. For example PMLD [profound and multiple learning difficulties] children need a stimulating, colourful sensory environment, exactly the opposite of what the type of environment autistic children need.

Parents have asked me to tell you that should Lyndale close, they will either keep their children at home or send them to schools out of area. This will incur a huge cost to the local authority.

The truth is we don’t think that it serves our children’s best interests to move at all. Many people feel our children are “just sitting there” with no consciousness of what happens around them, but I know that when Ellie looks at me with a twinkle in her eye it means she wants to play. I know that when other people see blankness she is in fact concentrating hard. I know when she is in pain or sad or anxious or ill and the staff at Lyndale have taken years to build up the same knowledge – that our children have an inner life as rich as yours or mine despite their inability to communicate it through normal means.

If you force them to move, they will feel the loss of all the people they trust and love and the loss of a placement that they were safe in for years. I ask yourself to put yourselves in their shoes for one minute.

Imagine being completely reliant on others for everything that happens to you and then imagine going to a strange place, where you know no-one and no-one is able to understand you when you try to tell them how you feel. Many of our children could not cope with the upheaval of a move. Change induces anxiety in our children and anxiety significantly worsens their disabilities and illnesses. They then suffer in a way that you would find unimaginable.

I’ve come to accept it with sadness over the years that Ellie will never learn to speak, eat or play independently or be able to take GCSEs. Many of our children don’t even make it to the end of primary school. It is painful for many parents with PMLD [profound and multiple learning difficulties] children to be constantly talked at by educationalists about “achievement” and the need to move on.

Ellie is 11 and still likes peek-a-bo. All she needs is a special place where she is happy and she can rely on the consistency and environment and the adults around her. Lyndale allows for the days when the children frequently feel under par and brings therapy or treatment into the classroom.

Lyndale staff know that ill health is part and parcel of our children’s lives and to accommodate this into their individual sensory curriculum. I don’t believe that you can provide that at bigger schools with no PMLD [profound and multiple learning difficulties] experience. I don’t believe you better Lyndale to pass the SEN improvement test, you certainly can’t convince me or the other parents.

I imagine that most of you who have children or grandchildren and that they are the apple of your eye, quite rightly so. Now imagine that you are forced by some authority to send them to a place for 8 hours a day, 5 days a week to a place where you know that they will unsafe, unhappy and possibly grossly, maybe fatally misunderstood. How would that feel?

And how much worse must that be for us who care for such fragile children every day? I ask you not as councillors or as administrators, but as parents, grandparents and decent human beings, please do not close our school.

I will extend an invitation to all members of the Cabinet to attend a meeting with our parents and visit our children. Come along and get to know them and see the wonderful work that Lyndale does. Thank you for your attention.

CLLR PHIL DAVIES
Thank you for a very clear presentation. Thank you very much.

(applause)

CLLR PHIL DAVIES
OK, can I now ask Julia Hassall (Director of Children’s Services) to come and put forward and introduce the report, Julia.

JULIA HASSALL
Thank you Chair. I just want to start by saying I appreciate that what I’m going to say now will sound very cold and factual following on from Dawn’s description of the some of the children at Lyndale and indeed our own report and I just want to acknowledge that before I start my presentation.

From the outset, I think this report is saying that this report is being brought to Cabinet this evening to seek permission to consult on closing the school and it’s not seeking permission to actually close the school.

Meeting the needs of the children is actually central to our concern and we are starting by working in partnership with the school to create an up to date needs assessment for each child. There’s real commitment and I put it to you now that the process is to be very transparent and open.

The report sets out the background and the reasons why it’s felt necessary to consult on closing Lyndale School down. Local authorities have a statutory duty to ensure that there are sufficient places, school places in their area to ensure fair access to educational opportunity to promote the fulfilment of every child’s potential.

To do this any plans must consider the educational benefits for children, value for money and the way schools can develop collaborative practice for the benefit of the children. In this instance the local authority will need to take into account current provision for children with complex learning difficulties and profound and multiple learning difficulties at the Lyndale School, Elleray Park and Stanley primary schools, Foxfield and Meadowside secondary schools.

The reasons for considering on consulting on closure of the school are set out in paragraph 2.4 of the report. Closure of the school is being proposed for consideration because the viability of the school is compromised by the small size and falling roll which both contribute to a difficult financial position.

This proposal is not being made to Cabinet because of the quality of educational standards at the school. The most recent OFSTED inspection from November 2012 judged that Lyndale School was a good school and that pupil care and support, behaviour and safety were assessed to be outstanding.

In terms of the falling school roll, by way of background if every available place was taken then the occupancy would be 100%. Over the last seven years, the Lyndale School’s average occupancy has been 59% and there are currently twenty-four children at the school out of a total of forty places.

The size of the school and the numbers of pupils contributes to, as I’ve said previously, a difficult financial position with the likelihood of a deficit of £72,000 without any other action for 2014/15 which is 9% of the school’s budget and the potential for this to increase to £232,000 based on the numbers of children at Lyndale on the school roll.

Just to say a little bit by way of background about the funding reforms. Funding for pupils with special educational needs changed in April last year. The new system is called place plus. This means that the government pays £10,000 for each child that the schools place. In Wirral this year it’s being introduced gradually, but in future with £10,000 paid per a place, with 24 children in a forty place school this could mean a shortfall now of sixteen places or £160,000.

A Cabinet report that we’re presenting later this evening recommends a new approach to high needs top ups of … dependant on the child’s level of needs. This …

The top up now per a child is dependant on the additional needs of the child. It’s set by the local authority in agreement with the special schools and high needs providers on the Wirral who make recommendations to their representatives on the Schools Forum.

The majority of the children at the Lyndale School will receive the maximum top up payment per a child of £16,000 based on their profound and multiple learning difficulties which was described to us so clearly by Dawn.

This is the highest band which applies to all four special schools on Wirral for children with profound and multiple learning difficulties. These national funding reforms have brought the Lyndale School provision into sharp focus. One of the difficulties the school faces is in terms of its small size and therefore large unit costs.

Should a decision be taken in the future to close Lyndale School, then the proposal at this stage would be to expand Elleray Park School and Stanley School so that the children with complex learning difficulties including the children with profound and multiple learning difficulties are educated and cared for on the same school site whilst recognising the individual needs of each child. This would not simply be a case of adding children into existing schools. We’re very carefully considering how each school will need to change to fully meet the needs of the children from the Lyndale School.

It’s proposed to expand the numbers of children across both schools up to two hundred and thirty children. Building work at Elleray Park is already planned to address sufficiency and suitability issues and this will be through a one-off capital investment. .. recent OFSTED reports, Elleray Park School was judged to be an outstanding school whilst Stanley School was judged to be a good school with outstanding leadership and partnership.

It’s very important to say that at this stage, the closure of the school appears to be the most viable option after having considered a number of different options attached as appendix two. However if this report is agreed by Cabinet, this will be the start of a lengthy consultation process with parents, staff and stakeholders but all available options will be considered including previously considered options set out in the appendix.

In terms of consultation, if Cabinet agree, then what will follow is a period of twelve weeks consultation after which a further report will be presented to Cabinet detailing the findings of this initial consultation. If the second report recommends the closure of the school and Cabinet agrees, a further formal six week consultation will follow. This is known as a representation period and the final report will .. to before Cabinet. It is only at this stage that a decision to close the school should that be approved can be taken.

My report sets out how a number of meetings with all representative bodies including meetings with parents and carers of … where a number of questions have been raised. The minutes and results of some questions will be sent to all parent carers next week. There is a commitment to work with the school to ensure full up to date needs assessment on each child as soon as possible which will help determine how children’s needs can be met which is very much a sustainable way forward. Should the decision be made tonight to proceed to consultation, a full schedule of consultation events will take place and they’ll be published.

In summary, I want to conclude by saying that considering the closure of a school is difficult and distressing particularly when children have such special needs as the Lyndale School does. It’s clearly important that Lyndale is a place at the centre of our concerns and that the special educational needs assessment improvement test is applied with rigour.

The test requires any future plans to demonstrate our children will maintain the quality of current provision and indeed improve upon it. I recommend that Cabinet agree to consult on closure of the Lyndale School and that I’m authorised to compile and produce the appropriate documentation to start the consultation as soon as is practically possible. Thank you.

CLLR PHIL DAVIES
Thanks Julia very much. OK, so I’m now going to ask Tony Smith whose the Cabinet Member for Childrens Services to make some comments.

CLLR TONY SMITH
OK, thanks for that Chair. Thanks very much Dawn for that. Dawn can I first of all say that I certainly will come round with you and meet with the staff and parents at Lyndale and if necessary spend as many days as possible in the school and can I also make this clear? This is a consultation, the officers have already formed a view on Lyndale School and that.

Having worked in that area I do know the concerns of parents and the environment looking at the school at Lyndale and that. I’m also very conscious that it has been an outstanding service to the Authority. You’ve always had good or outstanding OFSTED reports and that and over the last sort of six or seven years the numbers have been falling in the school and that has to be a bit of a problem and that but I do want to make this very, very clear that with regarding how open and transparent the process is.

If you do need any questions answered, if you do need any officer support I will ensure that you know that that is available and you know anyway that will be allowed like that. No options are out at this stage, I’ll make that clear as well. Even if the options are not in the papers that have been put forward, if people have other options then we will certainly listen to those options as well and that.

We are very lucky I have to say in this Authority to have outstanding special schools. It’s not often the case in local authorities that that happens and that. Whether it’s Lyndale or Elleray or Stanley or the other special schools we do really, really well in the Authority. So we do put our children in special educational needs with a high priority and I want to ensure that continues that way.

If there was any change and I don’t know whether there that would be enough … We will listen to the cuts consultation and that we are happy to say that we do have other outstanding schools and that.

So I don’t want to say much more than that really. I will come round into the school with some other Cabinet Members, they need to come round and making sure that happens as well. If you need help and support from the Authority, if you’ve got any question you want to ask or anything you feel you has to go in then we certainly would support that.

I’m happy with the content of the Director’s report. I think it’s been fair. It’s outlined what the pros and what’s happened in the organisation over the last six or seven years and that. The position that we are in at the moment, also the changes that have been brought about nationally and that. We’ll certainly keep an open mind. I think the twelve weeks consultation should give us sufficient time to be able to engage in that process and that but feel free to come back to me at any time if there’s any queries and that if necessary I’ll certainly revisit the school and that but thank you very much on behalf of the Cabinet for that contribution and I will be seeing you …

CLLR PHIL DAVIES
OK thanks Tony. OK, can I just say a few words. I mean first of all thanks to Dawn for such a clear presentation. I think that was really helpful to hear first hand.

I mean the other thing I want to say you know there’s no question Lyndale is a fantastic school, it provides you know a high quality education for its pupils and nobody would want to take a decision like this lightly. So I think it is important that we allow sufficient time for all options to be properly considered and it is important that we as Cabinet Members and Tony as the Cabinet Member for Childrens Services keep an open mind on all the options.

Appendix 2 of this report there are eight options identified. I know from personal experience when I was Cabinet Member for Childrens Services I know that if other options emerge during the consultation then I think that’s absolutely fine and we need to consider them, but I think you know we need to make sure that the outcome being completely open and transparent process for how we go about looking at this and obviously any help, support, advice, guidance you need… that we can give to help this process and for the parents and governors and the staff and everybody to feel that their voices have been heard and we’re happy to give that help and advice.

So I think the main thing now is in my view is to agree this report. We’re not making any decision tonight about any particular option. We’re just agreeing to consult around those options.

I myself, you know I’ve been down to back into Lyndale before and I’m sure there are other Cabinet Members who will avail themselves of the opportunity to go and have a look at the school and its staff, governors and parents I think that’s absolutely fine. So by the time that we come back to Cabinet with a further report at the end of the consultation period everybody hopefully will be content that we’ve done a proper sort of job making sure that we’ve looked at every possible option and certainly Dawn you’ve spoke tonight with passion about your feelings and we will sort of take those feelings on board.

So I think really that’s all I want to say, I just want to thank Dawn and the other parents and governors for coming here tonight and I want to add my support to Tony for recommendations outlined in the report at paragraph twelve that we agree to consult on the closure of Lyndale School, that the Director of Children’s Services or her nominee be authorised to compile the appropriate consultation documentation and proceed with the consultation exercise as soon as practically possible. Can I ask Cabinet if we can agree to those recommendations?

CABINET
Agreed.

CLLR PHIL DAVIES
OK, so we’ve agreed those recommendations. I’d like to again thank everybody who’s coming tonight to hear this report for your attendance and I really do sincerely look forward to the consultation and making sure that everybody is given an opportunity to have their say. So thank you very much for your attendance tonight. OK, I’ll make a pause at that point and allow people who are just here for Lyndale if they want to leave they can do so. So we’ll just have a couple of minutes adjournment.

You may also be interested in What did officers say at the Lyndale School call in? “we had a problem the rules mattered more than the children”.

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Baldrick has a “cunning plan” about horse trading (satire)

Baldrick has a “cunning plan” about horse trading (satire)

Baldrick has a “cunning plan” about horse trading (satire)

                         

The following is a work of satire. Any similarities to people living or dead are purely coincidental.

Baldrick has a cunning plan about horse trading (Blackadder)
Baldrick has a cunning plan about horse trading

HORSE TRADING

by

John Brace

INT. A LARGE OFFICE ROOM OF TYRRELL COUNCIL – DAY

BALDRICK
I have a cunning plan.

BLACKADDER
Does it involve turnips?

BALDRICK
No.

BLACKADDER
Does it involve closing half of the local libraries because Deputy Big Cheese is still cheesed off about that?

BALDRICK
No.

BLACKADDER
It doesn’t involve overcharging the disabled?

BALDRICK
No, my plan involves horses.

BLACKADDER
Horses? Well that’s new I suppose, but we’re a local council, we do serious stuff like schools and social services. We don’t horse around!

BALDRICK
Ahh, but this is a cunning plan involving other people’s horses.

BLACKADDER
Other people’s horses? Isn’t that theft?

BALDRICK
Have you heard of Turnbank Farm?

BLACKADDER
No.

BALDRICK
Well this council owns it. We rent it out to a riding stables for a pittance of a rent. The land is worth millions.

BLACKADDER
I still don’t understand what your cunning plan is.

BALDRICK
Well the lease comes up for renewal soon. My cunning plan is to send the tenants a letter saying we’ll renew the lease. The tenants will be lulled into a false sense of security and will think we want to renew. We then wait for the existing lease to expire then we can get them evicted. The land can then be sold for millions for housing and it’s on a flood plain!

BLACKADDER
That is a very dastardly, diabolical cunning plan. Is it legal though?

BALDRICK
Well if anyone queries why we sent the wrong letter, with all the bad things that have happened here over the past few years it’ll just be put down to incompetence rather than design.

BLACKADDER
That is the most evil, diabolical cunning plan you’ve ever come up with Baldrick. Not only are you suggesting we use trickery to get what we want but you’re suggesting houses should be built on a flood plain.

We just have to make sure none of the local press or bloggers find out before we get a judge to sign off on a possession order otherwise we’ll be foiled (and probably sacked). In case our in-house solicitor opens his mouth about this in court make sure he’s on holiday when it comes to trial.

BALDRICK
Certainly, Blackadder. Who will we get instead?

BLACKADDER
Well when the public find out about all this going on they’ll need cheering up, how about we get the famous comedian Dara O’Briain to represent us in court?

BALDRICK
I’m afraid the cupboard is a little bare after agreeing all those gagging orders, so we can’t afford the famous comedian Dara O’Briain. How about Sally O’Brion instead? She’ll only cost us £1,800.

BLACKADDER
Great. Let’s do it then. If anyone kicks up a fuss afterwards we’ll just say that it’s part of our job description to act “in a commercial manner” so they can’t sack us.

THE END OR IS IT?

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Wirral Council plan to spend £22,500 on a Birkenhead community newspaper. Will it fall foul of Pickles’ publicity law?

Wirral Council plan to spend £22,500 on a Birkenhead community newspaper. Will it fall foul of Pickles’ publicity law?

Wirral Council plan to spend £22,500 on a Birkenhead community newspaper. Will it fall foul of Pickles’ publicity law?

                             
A recent meeting of the Birkenhead Constituency Committee who will consider proposals to spend £22,500 on a Birkenheadcommunity newspaper
A recent meeting of the Birkenhead Constituency Committee who will consider proposals to spend £22,500 on a Birkenhead community newspaper

Buried among the appendices published ahead of the Birkenhead Constituency Committee on Thursday are two interesting reports.

The first report is the result of a Surveymonkey survey sent out to all residents that Wirral Council has an email address for in the “CH41, CH42 or CH42 postcode” areas. It seems however this is just a typo and residents in CH43 (which covers Bidston & St. James, Claughton, Oxton and Prenton) were also included as I received an email about the survey with the subject “Would you like to receive a community news update?” on 27th February.

Most people responding to the survey stated that what they liked most about the local free newspapers was local news, however question three revealed that around half responding to that question said that they don’t read the local free newspaper as it isn’t delivered to them any more. This answers concurs with statistics in the other report that states that out of the 39,823 households in Birkenhead, 24,962 receive the Wirral News (62.7%) and 22,091 the Wirral Globe (55.5%).

The survey continues with asking what people want they would want included in a “Birkenhead Constituency Committee news update” and the top answer was “unbiased, relevant local news” closely followed by finding out about local services, events and activities.

Interestingly there were also responses about why people didn’t currently read the newspapers from surveys in public locations where people gave responses such as “Council matters only appear if news editors think that they are controversial” and “fed up of hearing about bad people doing bad things and getting away with it”.

When asked about what information they thought should be included in a Birkenhead Constituency Community Newspaper there were a range of responses such as “find out about positive local news and important council information concerning regeneration and development”, “main council committee decisions – with commentary if necessary”, “planning applications”, “proposed road & transport information” but interestingly and this one seems to be a reference to Labour Rose/Lib Dem Focus “but not of councillors’ photographs at places where council work has been done at their behest”.

Not unsurprisingly not one of the questions asked residents if they thought that spending £22,500 of taxpayer’s money for three editions was a good idea. What is proposed is a pilot of three editions over six months (each edition being bi-monthly) of an eight page publication (whether it would be colour or black and white is not mentioned). It’s stated that “It will be non political and inform people of news they are interested in.” Quite how it will manage to write anything about Wirral Council that people are interested in (which means the more controversial political news), yet remain “non political” remains to be seen. The long term aim is to have advertising from “public sector partners”, grants and “appropriate advertising” cover its costs for future editions.

It will be edited by Lairdside Community Together, who will be recruiting an apprentice to work on it through Wirral Metropolitan College. Interestingly it won’t be delivered by paid deliverers but by volunteers with ward councillors suggesting an organisation in their ward (sports clubs and scout groups are mentioned in the report). These organisations would then receive “an incentive”.

However the future is not looking particularly rosy for such Council run publications. Rt Hon Eric Pickles MP is not as keen on them as the Birkenhead Constituency Committee. In approximately a week (30th March 2014) s.39 of the Local Audit and Accountability Act 2014 on the code of practice on local authority publicity comes into force. This section gives Eric Pickles the legal power to tell Councils off who aren’t complying with the “Code of practice on local authority publicity” and force them to comply. This section also allows the Rt Hon Eric Pickles MP to create a new law making it a legal duty for all local Councils to comply with the Code of Practice on Local Authority Publicity.

So what is the Code of Practice on Local Authority Publicity (which also comes with an explanatory memorandum and how could the proposed Birkenhead Constituency Community Newspaper fall foul of it?

Section 2 of the code makes it quite clear that it applies to such publications “The code therefore applies in relation to all decisions by local authorities relating to paid advertising and leaflet campaigns, publication of free newspapers and newssheets and maintenance of websites – including the hosting of material which is created by third parties.”

Section 4 outlines some principles applying to “publicity by local authorities”. These are that it should be cost effective, objective, even-handed, appropriate and “be issued with care during periods of heightened sensitivity”. I think that last bit refers to the period in the lead up to elections.

Going back to what somebody wanted in such a newspaper being “main council committee decisions – with commentary if necessary” section 15 would appear to rule that out “Such publicity may set out the local authority’s views and reasons for holding those views, but should avoid anything likely to be perceived by readers as constituting a political statement, or being a commentary on contentious areas of public policy.”

Section 28 is specifically about such newspapers, restricts their frequency to quarterly and restricts what can be put in it “Local authorities should not publish or incur expenditure in commissioning in hard copy or on any website, newsletters, newssheets or similar communications which seek to emulate commercial newspapers in style or content. Where local authorities do commission or publish newsletters, newssheets or similar communications, they should not issue them more frequently than quarterly, apart from parish councils which should not issue them more frequently than monthly. Such communications should not include material other than information for the public about the business, services and amenities of the council or other local service providers.”

Section 34 bans such publications in the lead up to elections “During the period between the notice of an election and the election itself, local authorities should not publish any publicity on controversial issues or report views or proposals in such a way that identifies them with any individual members or groups of members. Publicity relating to individuals involved directly in the election should not be published by local authorities during this period unless expressly authorised by or under statute. It is permissible for local authorities to publish factual information which identifies the names, wards and parties of candidates at elections.”

As it states in the explanatory memorandum “Council newspapers, issued frequently and designed to resemble a local newspaper can mislead members of the public reading them that they are local newspapers covering council events and give communities a biased view of the activities of the council.” There’s also the concern that such publications (as this one is expected to be funded after the first three issues through advertising) will take advertising away from local newspapers and make them less financially viable.

So I’m starting a poll to see what readers think about the community newspaper proposal ahead of the Birkenhead Constituency Committee on Thursday which will consider it.

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

What are the reasons why Wirral Council plan to consult on closing Lyndale School?

What are the reasons why Wirral Council plan to consult on closing Lyndale School?

What are the reasons why Wirral Council plan to consult on closing Lyndale School?

 

What’s interesting is how Julia Hassall’s (Wirral Council’s Director of Children’s Services) reasons to consult on the closure of Lyndale School have changed over time.

http://www.youtube.com/watch?v=Pxt7NLR2biU#t=13m46s
Julia Hassall addresses the Cabinet (16th January 2014). What’s quoted below starts at 13:46.

Julia Hassall said to Cabinet, “The reasons for considering consulting on closure of the school are set out in paragraph 2.4 of the report. Closure of the school is being proposed for consideration because the viability of the school is compromised by its small size and falling roll which does contribute to a difficult financial position.”

http://www.youtube.com/watch?v=8_QKYyKwJkQ#t=2m05s
Julia Hassall talks to the Coordinating Committee meeting of the 27th February who were reviewing the Cabinet’s decision starting at 2:05.

Julia Hassall said to the Coordinating Committee, “The report that was presented to Cabinet on the 16th January was seeking approval to consult on the closure of Lyndale School. The report set out the background saying that local authorities have a statutory duty to make sure that there are sufficient places in their area and there’s fair access to educational opportunity to promote every child’s potential.

The reasons why in the report we’re considering the closure of the school is because of the viability of the school was compromised because of its small size and falling roll which both contribute to a difficult financial position and I think as you said Chair [Cllr Steve Foulkes] earlier, this is not in any way because of the standard of care and education within the school which is good and in many aspects outstanding.”

Interview (BBC regional news) 18th March 2014

In an interview Julia Hassall said, “The quality of care and education is really good at this school but there are concerns about whether we can sustain this school going forward” (source interview (ITV regional news) 20th March 2014).

However two days later she seemingly has a complete volte-face on funding or financial reasons being the reason for consulting on closing Lyndale.

Interviewer: This is all about saving money for the Council, isn’t it?
Julia Hassall: It’s absolutely not about saving money for the Council or balancing the Council’s books.
Voiceover: Julia Hassall is Wirral Council’s Director of Children’s Services.
Julia Hassall: If, and it’s very much if Lyndale School closes, the Council does not benefit in any way.
Voiceover: The Council also say that Lyndale children would be well looked after if they had to move to another school.
Julia Hassall: Both of the other schools could care adequately for these children and educate them properly. They’ll need to make some changes and adjustments. We absolutely will not put these children in settings where their needs are not properly met.
Voiceover: A consultation on the future of Lyndale School will start next month, the Council say they are minded to shut it down. The parents will continue their campaign to keep it open.

Below is a copy of page three of a handout at the Coordinating Committee meeting on the 27th February deciding on the call in to consult on closing Lyndale School which explains

LYNDALE SPECIAL PRIMARY SCHOOL, EASTHAM

SURPLUS FORECAST FOR 2014/15
Following a further cost saving exercise (re non teaching staff costs) recently approved by the Governors, & on the basis that the Minimum Funding Guarantee is to be applied, a small surplus is now forecast for 2014/15 & the cumulative deficit at 31/3/15 is now forecast to be approx £18,000, rather than the cumulative £72,000 included in the January Report to Cabinet. Savings from this reorganisation of approx £70,000 per annum, will continue in future years.

AGREED PLACES ALLOCATION
Following the independent reviews undertaken by Eric Craven in 2012, the Governors consider that the appropriate number of places to be allocated to School (as required to be agreed with the Education Funding Agency) to be 28.

TOP UP FUNDING
As detailed in the submissions to the recent consultations, the Governors consider that the currently proposed level of Band 5 Top Up funding of £16,000 per pupil to be insufficient to fund the necessary support required by these children. (As you will be aware, the Governors response to the 2013 consultation considered that the Band 5 Top Up funding should be £27,500 per pupil to adequately cover the various & complex needs of these most vulnerable children. Please also note that the Full Time Equivalent cost of a teaching assistant currently stands at just over £21,000 per annum.)
To this end, the Governors consider it essential for an impartial assessment of the needs of each individual pupil to be undertaken, from which the appropriate level of funding should follow.

PUPIL SAFETY
In view of the Band 5 assessed pupils’ lack of mobility and complete vulnerability, the Governors consider it essential for the children to be educated in a completely safe environment and the current proposals do NOT meet this necessary requirement. It is more cost effective to invest available capital funding in making relatively minor changes to the existing Lyndale premises rather than making significant changes to the newly rebuilt Stanley School or Elleray Park (which is already planned to expand, but purely to adequately deal with their existing pupil numbers.)

EDUCATION
The Governors and staff have always aimed to make Lyndale a Centre of Excellence for the education of PMLD pupils and the current proposals would be detrimental both to the considerable staff expertise which has built up over the years and to the group of available supply staff who provide the necessary support ensuring the best for our children.
Ian D Harrison F C A
Vice Chair of Governors, Lyndale School
26th March 2014

So if anyone could leave a comment detailing the reason (or reasons) why Wirral Council is planning to consult on closing Lyndale School it would be appreciated!

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Wirral Council show how “open and transparent” they really are

Wirral Council show how “open and transparent” they really are

Wirral Council show how “open and transparent” they really are

                         

I received this letter today from Wirral Council’s Chief Executive Graham Burgess (links to scans of each page and the envelope it came in with a handwritten “PRIVATE” on it are below).

(Wirral Council logo)

Graham Burgess
Chief Executive

Town Hall
Brighton Street
Wallasey
Wirral
Merseyside CH44 8ED
Tel: 0151-691 8589
Fax: 0151-691 8583
Email: grahamburgess@wirral.gov.uk

date 21 March 2014

to Mr J Brace
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH

my ref GB0075.DOC/DC/35.7
your ref

Dear Mr Brace,

I refer to your request for an Internal Review.

I have reviewed your request and also considered the information in question, namely the minutes of the Standards Working Group relating to this meeting held on 17 December 2013.

I am the Chief Executive and the Reviewing Officer when an FOI request is refused and the Council has relied on Section 36. As such I have taken each of the points you have raised and addressed them below:-

1) The minutes of the Standards Working Group have been provided to an FOI request previously, without claiming a FOI exemption (see Paul Cardin’s request here

https://www.whatdotheyknow.com/request/minutes_of_standards_working_gro#outgoing-257823

Response – Each request is reviewed and answered in accordance with the Freedom of Information and any other associated legislation. If a document is already available in the public domain, then the Council will signpost the requestor to it. The report requested above by Mr. Cardin was already in the public domain.

2) Agenda items 3 (Disclosing Information Reports Under the New Standards Regime) and agenda item 4 (Review of the New Standards Regime) of the meeting referred to in 1) both included “deliberating on matters relating to the Council’s Ethical Framework and considering changes to the framework” yet was also published on Wirral Council’s website at http://democracy.wirral.gov.uk/documents/s50010511/Minutes%2004022013%20Standards%20Working%20Group.pdf (see Standards Committee meeting agenda of 18th March 2013 http://democracy.wirral.gov.uk/ieListDocuments.aspx?CId-127&MId=4203#AI21234.

Response – The information contained within the documentation which has been refused to you is not identical in nature to the information which was published at the hyperlinks you have highlighted above.

Once the Standards Working Group has completed its work, consideration will be given to the disclosure of the Minutes. The Working Group is currently undertaking important work and disclosure of the Minutes at this time would likely to have a “chilling effect” which “would inhibit the free and frank provision of advice”.

3) Surjit Tour is also the Monitoring Officer and therefore in this capacity would be advising the Standards Working Group meeting of the 17th December 2013. He states that the minutes cannot be supplied because they “would inhibit the free and frank provision of advice”. As he is the one advising the Standards Working Group this represents a conflict of interest. There are two qualified persons at Wirral Council able to give an opinion on a Section 36 exemption, Surjit Tour and the Chief Executive, Graham Burgess. Due to the conflict of interest outlined, it should have been the Chief Executive giving his opinion on the Section 36 exemption not Surjit Tour.

Response – I do not agree that Mr Tour had a conflict of interest when responding to your enquiry. As the Monitoring Officer it was appropriate and correct that he should be the person to answer and decide to rely on Section 36. It is then my role, as the Chief Executive, to act as Internal Reviewer in this particular case.

4) It is stated “there would likely to be a “chilling effect” which would inhibit the free and frank provision of advice or exchange of views between members of the Group, and disclosure would undermine the ability of the members of the Group and those advising the Group to express themselves openly.” As outlined in the minutes referred to in point 2, Members of the Standards Working Group are not referred to by name in the minutes, and therefore it is not possible from the minutes to ascertain the views of individuals in the Group. The only person referred to in the minutes of the previous meeting (by job description) is Surjit Tour. Due to the conflict of interest in giving a reasonable opinion that a Section 36 exemption applies in relation to his own advice, if a Section 36 exemption is claimed by Wirral Council in relation to this FOI request, it should have come from the other qualified person (the Chief Executive).

Response – As mentioned in my response to point 3, I do not agree with your view that Mr. Tour had a conflict of interest in giving a reasonable opinion.

5) It is stated in the response that “Reports from the Standards Working Group would be considered by the Council’s Standards and Constitutional Oversight Committee, which is subject to the access to information requirements.” The next Standards and Constitutional Oversight Committee following the Standards Working Group on the 17th December 2013 was the 6th January 2014. However a report from the Standards Working Group of the 17th December 2013 was not on the agenda of that meeting. The next Standards and Constitutional Oversight Committee after that was the 6th February 2014, however that meeting has been cancelled and postponed to the 24th February 2014. It is therefore wrong to imply that a report of the Standards Working Group meeting forms part of the agenda of the next Standards and Constitutional Oversight Committee meeting.

Response – Your comments have been noted.

6) Only qualified persons (the two at Wirral Council are Surjit Tour and Graham Burgess) can give an opinion on a Section 36 exemption. The opinion given finished with “Sent on behalf of Surjit Tour”; therefore it is unclear whether it is his opinion or the opinion of the person who is sending the communication on his behalf. If it is the latter then the person giving the opinion is not one of the two qualified persons to do so rendering it invalid.

Response – The reply contains the opinion of Mr. Tour; however the reply was sent from the email address of Jane Corrin and copied to the Council’s central FOI email address for monitoring purposes. As you have rightly stated it is only the Monitoring Officer or the Chief Executive of the Council who can make a decision with regards to the application of Section 36.

After giving due consideration to the request you made, the original response from Mr. Tour and also the points you raise in your request for an Internal Review; I have concluded the following:-

I concur with Mr Tour that the information you requested is exempt information by virtue of Section 36 of The Freedom of Information Act 2000. This is my considered and reasonable view as Section 36 can be relied on if disclosure would/would be likely to;-

(b) Inhibit the free and frank provision of advice or exchange of views; or

(c) Otherwise prejudice the effective conduct of public affairs

As you are aware, Section 36 requires the qualified person to give their reasonable opinion that disclosure would or would be likely to cause the types of prejudice or inhibition listed above. This was clearly stated in the original response you received. Guidance was also considered from the Information Commissioner’s Office, “prejudice to the effective conduct of public affairs (section 36), Version 2, 22 March 2013.

As was pointed out in the original response, the Standards Working Group is not a formal committee or sub-committee of the Council, it has advisory status only. I agree with the view taken by the Monitoring Officer that releasing the minutes of the Standards Working Group meeting of 17th December 2013, would indeed inhibit the free and frank provision of advice or the exchange of views.

The Group were considering and debating the Council’s Ethical Framework and given views as to whether any changes should be put in place with regard the framework. Members of such groups must be, I believe, given a ‘safe space’ for deliberation of these important issues.

My reasonable opinion is that the minutes should not be disclosed and I need to be satisfied, as Chief Executive, that there exists the opportunity for free and frank provision of advice/exchange of views within the Group to ensure sound decision making. I am of the opinion that to disclose the minutes would undermine the ability of members involved to engage in a free and frank discussion on important issues such as the Council’s Ethical Framework. I have considered the public interest test factors, given in the original answer in favour of disclosure and in favour of none disclosure. Having considered this test afresh, it is my considered and reasonable opinion that the reasons/argument previously articulated are valid and robust. I am satisfied that the public interest test in maintaining the exemption outweighs the public interest for disclosure.

If you remain dissatisfied with this response, then you have the right to complain to the Information Commissioner, whose address is

Information Commissioner’s Office.
Wycliffe House,
Walter Lane,
Wilmslow,
Cheshire SK9 5AF
www.ico.org.uk

Yours sincerely

(signature)

Graham Burgess
Chief Executive

Envelope
Page 1 of 4
Page 2 of 4
Page 3 of 4
Page 4 of 4

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.