How did general election night in 2017 go on the Wirral?

How did general election night in 2017 go on the Wirral?

How did general election night in 2017 go on the Wirral?

                                            

Accredited Observer John Brace Electoral Commission 2017 7857
Accredited Observer John Brace Electoral Commission 2017 7857

I was always planning on publishing a report on the first general election I have been an election observer for and this is it.

Polling station – Holy Cross Catholic Primary School (AC – Birkenhead Constituency (Bidston and St James ward))

When I visited this polling station along with my wife (who was also an election observer), we were both there to vote.

So I told the Poll Clerks who we were and our addresses. Unfortunately they initially didn’t give us ballot papers as one of them was too tired to look up our address properly. We live in Boundary Road and the poll clerk instead of looking at the page for 134 Boundary Road to mark the register, was instead looking at a different page for a different part of Boundary Road where there is an elector with the number AC 134 instead. This caused a delay in receiving our ballot papers.

They were apologetic about it.

The Count (Wirral Tennis and Sports Centre)

We then walked the short distance to the count centre which was to be held inside the Wirral Tennis and Sports Centre.

Unlike in May, for the Mayoral and Claughton byelection, the gate to the footpath was padlocked, so we went round to the entrance to the car park.

We were immediately stopped by Wirral Council’s Community Patrol who insisted we wait by the entrance to the car park (this was while Wirral Council staff, councillors and others arrived unchallenged).

I explained we were both election observers accredited on an individual basis by the Electoral Commission and therefore entitled to attend the count. I showed them our photographic ID.

Obviously this was a part of elections Wirral Council hadn’t planned for or expected as Community Patrol insisted we wait while they find someone.

We waited for about 15-20 minutes (which is fine for myself but Leonora after the walk from the polling station was suffering a little from the standing as there was no chair to sit on). Even the police officer was feeling sorry for her!

Eventually Kate Robinson started walking in our direction with two men either side from Community Patrol.

We walked towards them.

We then had to explain again that we were election observers accredited by the Electoral Commission, here was our ID etc.

She wanted to look at our ID and didn’t seem happy with our presence.

She insisted we wouldn’t be allowed to use recording equipment in the count. I pointed out that in my opinion wasn’t a lawful instruction and that we only had to follow lawful instructions from the election authorities. I pointed out that in my view it breached the Human Rights Act 1998 and asked for the name of her manager to appeal the decision to. She said that was Eric Robinson (Acting Returning Officer) who she said wasn’t there.

I pointed out that I didn’t have recording equipment on my person anyway. I had an iPad to use but that was for making notes as I have a writing disability (that makes it painful to write).

She then gave us both a short lecture about not telling anyone anything at all about what happened during the count for “secrecy” reasons.

Anyway, she went with us to where people were checking in by the turnstile and it was insisted (despite me pointing out earlier about the writing disability making it painful to write) that I write our names and individual observer numbers on the attendance list.

We were then instructed to go through the turnstile, which Leonora pointed out she couldn’t do as it’s impossible for someone with a walking stick to go through that design of turnstile. So she went round through another side door instead.

We then walked down a corridor past the refreshments area. Unlike election counts in previous years where the tea and coffee had been free (but a voluntary donation suggested) Wirral Council was charging for drinks and food this year. From memory hot drinks were a £1.

It is also to be noted (unlike the Mayoral count and Claughton byelection in May) that this time the whole Wirral Tennis and Sports Centre was closed to the general public from 6 pm on the Thursday to 6.30 am on Friday morning (the tennis hall where the count was held was closed to the public from Monday to Saturday).

The count itself was being held in a large room in the leisure centre called the tennis hall which is usually tennis courts. The netting to catch balls around the sides was still in place, but the floor covering had been covered with a white floor covering kept together with tape.

One half of the hall was for the count for Birkenhead and Wallasey constituency and was also where ballot boxes arrived.

The other half of the hall was used for the Wirral West and Wirral South constituency counts and a raised stage for the platform for announcing the result.

Both halves of the hall had a projector and a screen showing the BBC election coverage.

In the middle in the raised area up steps was an area for the media where they had their video cameras set up and other equipment. From memory the Wirral Globe, Liverpool Echo, BBC, Radio City and others from the media were all there.

At 10.00 pm Eric Robinson (Acting Returning Officer) announced over the PA system that the count of the postal ballots would start. Around this time the BBC announced the result of the exit polls.

A short time later, the ballot boxes started arriving from the polling stations. Counters sat at flip down tables, with baskets on the table and paper clips.

Just before 11.00 pm I went for a walk past the Wallasey constituency tables and somebody dropped a large number of ballot papers on the floor. Thankfully they were bundled in bundles of 25.

The Birkenhead and Wallasey counts went quicker, therefore a result was expected earlier.

By twenty past twelve, Kevin McCallum (Head of Communications) (I had asked him earlier for turnout figures) told me that the turnout for Birkenhead was 67.9%.

A result in Birkenhead was announced at around 1:10 am, Wallasey at 1:45 am, Wirral West at 2:03 am and Wirral South at 2:12 am.

We had made earlier requests to film the speeches of the candidates after the result was declared but this was denied.

The candidates returned were Frank Field (Birkenhead), Angela Eagle (Wallasey), Margaret Greenwood (Wirral West) and Alison McGovern (Wirral South).

Mayor of Wirral Ann McLachlan announced the results for the Birkenhead and Wallasey constituencies. Stephen Burrows (High Sheriff of Merseyside) announced the results for Wirral West and Wirral South constituencies.

Here are some quotes from the speeches we would have liked to have shown you. Frank Field referred to it as a “disaster for the Prime Minister”, Angela Eagle said that the “country rejected Theresa May” and referred to her [Theresa May] as a “vampire avoiding the sunlight”, Margaret Greenwood referred to a “stunning victory” and Alison McGovern thanked many groups of people including the people reporting on the count.

There were also some speeches from the second placed candidates who in summary congratulated the winning candidate and then went on to make various political points.

Once all four results were declared, people started to go home.

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

Election: Wallasey (Labour hold), Birkenhead (Labour hold), Wirral South (Labour hold), Wirral West (Labour gain)

Election: Wallasey (Labour hold), Birkenhead (Labour hold), Wirral South (Labour hold), Wirral West (Labour gain)

Election: Wallasey (Labour hold), Birkenhead (Labour hold), Wirral South (Labour hold), Wirral West (Labour gain)

                                            

In the General Election for 2015 on Wirral the results are as follows.

Wallasey Constituency (declared at 3.41) LABOUR HOLD Electorate 65,495 Turnout 66.5%

Candidate Party Votes cast
Angela Eagle Labour Party 26,176
Chris Clarkson Conservative Party 9,828
Geoffrey Robert Caton United Kingdom Independence Party 5,063
Julian Charles Pratt Green Party 1,288
Kris Brown Liberal Democrat 1,011
     

Birkenhead Constituency (declared at 3.49) LABOUR HOLD Electorate 62,410 Turnout 62.9%

Candidate Party Votes cast
Frank Field Labour Party 26,468
Clark Edward Vasey Conservative Party 5,816
Wayne Anthony Harling United Kingdom Independence Party 3,838
Kenny Peers Green Party 1,626
Allan Brame Liberal Democrat 1,396
     

Wirral South Constituency (declared at 3.57) LABOUR HOLD Electorate 56,956 Turnout 73.7%

Candidate Party Votes cast
Alison McGovern Labour Party 20,165
John Bell Conservative Party 15,566
David Anthony Scott United Kingdom Independence Party 3,737
Elizabeth Jewkes Liberal Democrat 1,474
Paul Thomas Cartlidge Green Party 895
     

Wirral West Constituency (declared at 4.58) LABOUR GAIN Electorate 55,377 Turnout 75.9%

Candidate Party Votes cast
Margaret Greenwood Labour Party 18,898
Esther McVey Conservative Party 18,481
Hilary Jane Jones United Kingdom Independence Party 2,772
Peter Timothy Clifford Reisdorf Liberal Democrat 1,433
David James 274
     

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

Consultation feedback and questions to Improvement Board (15th November 2013)

Consultation feedback and questions to Improvement Board (15th November 2013)

Consultation feedback and questions to Improvement Board (15th November 2013)

                                    

Handed out at last Friday’s Improvement Board meeting were the responses to the consultation received so far, motions passed at the Audit and Risk Management Committee and Coordinating Committee and the questions submitted in advance of the meeting by the members of the public as circulated at the meeting (although some of mine were subtly altered).

I’ve checked the Improvement Board section on Wirral Council’s website at the time of writing, but they haven’t appeared there yet, so here they are instead!

FEEDBACK FROM PARTNERS

Comments on the draft report on behalf of Wirral Community NHS Trust

Thank you for the opportunity to comment on this report.

Wirral Community NHS Trust recognises the significant steps forward taken by the Council over the last two years and agrees with the broad conclusions set out. We also recognise the commitment shown by key personnel, officers and members, and the level of improvement activity which has taken place and which is reflected in the report.

Particular phrases from the concluding pages which resonate with this organisation’s experience working with the Authority over the last year include the reference to a stable, well-led and inclusive organisation, where a change in culture has taken place. We agree that there is a stronger sense of strategic direction, planning and performance management. The grip of the financial position is evident, and there is much greater clarity about the individual roles of senior staff in the new structure, and a strong sense of accessibility.

The Authority is engaging well with key partners and taking a proper leadership role, particularly from our respect, in the health and social care economy.

We look forward to continuing to work with the Council and building this relationship. A key challenge for all public sector partners over the coming years will be our ability to work together to manage the impact of the financial constraints under which we all work, and to ensure that actions taken by individual partners to not impact adversely on the challenges faced by other agencies.

Simon Gilby
Chief Executive
Wirral Community NHS Trust

Thank you for a copy of the Wirral Improvement Board Review report.

I think sharing this document with your peers across the Liverpool City Region is an example of the increased transparency and accountability that you, Cllr Davies your Leader, together with Officers and Members are trying to bring to Wirral.

It is clear that Wirral faced a number of significant challenges and it is to your credit that these have been identified, accepted and acted upon in a way that can only be to the benefit of residents in the Wirral.

The priorities identified by the Improvement Board have set out a clear improvement framework for the Council and the actions taken to date are noted. For me, the priority around political and managerial leadership is key – it sets the example for the Council and all it’s staff and members. This leadership is reflected throughout the other priorities and our challenge now is to build on the cultural changes that are beginning to happen at Wirral so that they become the norm for the future.

It is also to its credit that this improvement has been undertaken in a time of significant financial pressure on the Council, as with the other Councils in the Liverpool City Region. Again the development of a longer term budget and financial plan is noted and will clearly help the Council address current and future challenges in respect of financial settlements.

It would appear that the Council has made significant progress in a relatively short period of time and again it is noted that the Improvement Plan recognises it is not the end but clearly there are further steps that need to be taken to build on what has been achieved to date.

On behalf of St. Helens Council, I would like to congratulate the Leader, yourself and the teamwork of the whole Council on getting to where you are now.

Yours sincerely

Carole Hudson
Chief Executive
St. Helen’s Council

Wirral Improvement Board Review

Merseytravel would like to concur with the view expressed in the report which has recently been published that significant progress has been made by Wirral Council in addressing a number of critical issues that had been raised.

Relationships between Merseytravel and Wirral Council are very open and transparent based on trust. We have a joint agreement on the current transport priorities that will best serve the Wirral, in particular looking at enhancing the connectivity between Wirral and North Wales and Cheshire West. This has been done in the spirit of collaboration at a strategic and operational planning level.

We have developed, and will continue to develop an open and trusting relationship with both the political and senior officer leadership at Wirral Council and have worked collaboratively on the development of a Combined Authority scheme which we hope, when fully implemented in 2014 will see a greater level of outward looking, strategic leadership at City Region level with a very progressive set of revised transport arrangements which will have been developed with collaboration by all parties through which Wirral have contributed significantly.

We also recognise the role of the Leader of Wirral has played in the development of securing European funding within the European programme and we hope to continue to maximise this expertise and the new approach to partnership working between all parties but in particular between Merseytravel and Wirral Council.

I trust that this helps.

Yours sincerely,
David Brown
Chief Executive and Director General

Wirral CCG welcomes this report which clearly demonstrates the significant progress the council has made over the last 18 months. We believe the the correct structures, governance and culture is now in place for us to work collaboratively in the future to deliver integrated services for the population of Wirral.

Dr Phil Jennings
Chair
Wirral CCG

“Congrats! Need to keep up the good work!”
Angela Eagle MP

RELEVANT RESOLUTIONS PASSED AT AUDIT AND RISK MANAGEMENT COMMITTEE 14/11/13 WITH THE SUPPORT OF MEMBERS FROM ALL PARTIES

[Ed – Cllr Simon Mountney voted against which isn’t mentioned here]

Moved by Councillors Pat Glasman/Janette Williamson
RESOLVED:
That this Committee welcomes the report of the Improvement Board, which draws attention to the significant progress Wirral has made in the last 20 months.

It recognises that there are still issues which need to be addressed but believes it is clear that Wirral is now an outward looking Authority – open to constructive criticism and willing to address problems when they occur.

We would recommend the sector-led approach to change and development to other authorities who find themselves in difficulty.

We would like to thank the Improvement Board, all staff and Members who have participated in the change process. It now remains for Members to continue to participate in their own development and not become complacent but ensure that change becomes embedded for the future

Moved by Councillors Steve Foulkes/Pat Glasman
RESOLVED:
That the Committee welcomes the response to critical reports in that it puts the Council’s progress in an accessible and available format.

The issues remain complex and what happened was regrettable. We urge that all outstanding matters should be resolved as quickly as possible and that Members be updated periodically.

RELEVANT RESOLUTIONS PASSED AT CO-ORDINATING COMMITTEE ON 13/11/2013
RESOLVED:
That this Committee welcomes the Report. It clearly states the Authority is moving in the right direction.

This Committee pledges to play its full part in continuing the direction of travel.

All Members will be encouraged to engage in the next steps identified within the report.

We must not be complacent as we still need to improve in many areas identified in the report and embed positive changes.

We thank all members of the Improvement Board for their help.

We thank all employees and Members for their efforts in this journey of improvement.

We would recommend the approach adopted by the Local Government Association, in piloting sector led improvement, and would recommend it to others who find themselves in difficulties.

QUESTIONS OR FEEDBACK SUBMITTED BY THE PUBLIC

J YATES

Dear Sir/Madam

I raise an objection to the timing of the Public meeting arranged for Friday 15th 2013 as notified in the Wirral Globe.
I have not received the statutory notice of at least 5 working days and feel I would not be able to attend at such short notice.
I therefore submit that this meeting be re-arranged to incorporate the legally-required term of notice.

JOHN BRACE

The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England Decision notices) have not been published. If Wirral Council is now “open and transparent” when will the other fourteen appendices be published (except for appendix L)?

A Appendices as Referred to in the Report
B Equality & Human Rights Commission Letter Dated 29 December 2010
C First Improvement Plan
D Care Quality Commission Inspection Report
E Charging Policy for Supported Living Services
F Documents Relating to 27 Balls Road
G Standards for England Decision Notices
H Documents Relating to Reimbursement Claims
I Emails Relating to Supported Living Contracts
J Documents Relating to Service Provider 2
K Documents Relating to Service Provider 3
L Medical Information Relating to Martin Morton (MEDICAL IN CONFIDENCE)
M Documents Relating to Service Provider 4
N Minutes of Adult Protection Strategy Meetings Relating to Service Provider 4
O Documents Relating to the Safeguarding Adults Unit
P Minutes of the DASS Monitoring & Development Sub Group Meeting Held on 11 December 2008
Q Employment Dates for WMBC Employees

On the 14th April 2011 Cabinet resolved that Martin Smith’s report be made public, however all the names (presumably of Wirral Council officers and councillors) contained within the reported were redacted before publication. Is publishing the redacted (rather than full) report complying with the spirit of the earlier Cabinet decision? Will Wirral Council to publish an unredacted version of the Martin Smith report?

Presumably some of the blacked out names in Martin Smith’s report would be the names of councillors. As councillors are accountable to the people of Wirral, how can the people of Wirral hold their elected representatives to account unless the full Martin Smith report is published including the names of councillors in it?

Does the Improvement Board understand that the Wirral public will find it hard to believe that Wirral Council has changed when there are so many unanswered questions surrounding these events due to the lack of transparency and accountability?

The Standards Committee of Monday 4th July 2011 discussed an administrative error that had occurred in dealing with the standards complaint made by Martin Morton made regarding Cllrs Roberts, McLaughlin, Pat Williams and Bridson. He had initially made a complaint about Cllrs Roberts, McLaughlin and Pat Williams, but had replaced this with a more detailed complaint involving Cllrs Roberts, McLaughlin, Pat Williams and Bridson. This second complaint mysteriously vanished from Wirral Council’s files. A public apology was made at the time by the Monitoring Officer to Martin Morton and the councillors who were the subject of the complaint. Did any Wirral councillors have access to the revised complaint prior to its disappearance from Wirral Council’s files if so who were they?

A separate and unrelated complaint about one of the four councillors referred to in question five (ref SfE 2010/02) was decided on the 20th December 2010. However the covering report sent to the panel which decided was incorrectly titled “Report of the Monitoring Officer – Case Reference 2010/03″ . This report to the panel also omitted that the original complaint referred to an alleged breach of 6(a) of the Code of Conduct. As an apology was given for an administrative error to the complainant referred to in question 5, will an apology for this administrative error be given to the complainants of complaint reference SfE 2010/02 and the subject of the complaint?

In the review report it states “it is proposed to strengthen the independent nature of the Audit and Risk Management Committee through the appointment of a majority of external members”. How many independent members of the Audit and Risk Management Committee will be appointed, who will they be appointed by and will the Audit and Risk Management Committee be chaired in future by one of these independent members?

Although Wirral Council is meeting its target of responding to 85% of Freedom of Information Act requests within twenty days during the Information Commissioner Office’s monitoring period, a greater proportion of Freedom of Information Act requests have been turned down. If memory serves me correctly, this has been achieved by dedicating greater human resources to responding to Freedom of Information Act requests. This raises the questions, are these resources temporary and only for the Information Commissioner Office’s monitoring period (and if so how will the current performance be maintained once these resources are withdrawn) and how does refusing a greater proportion of Freedom of Information Act requests tally with the administration’s stated desire to be more “open and transparent”?

The reports into whistleblowing allegations raised about Wirral Council’s BIG (business investment grants) and ISUS (Intensive Startup Support) have both not been published in full despite being received by Wirral Council in the Spring of this year. The Executive Summary to the Grant Thornton report into the BIG scheme was published by Wirral Council on the 15th July (the companies referred to in the Executive Summary were anonymised). If the Executive Summary to the ISUS report follows the same format as the BIG report and has also been anonymised, why has this not been published also?

If the Improvement Board decides that it is safe to withdraw, do they think that the Corporate Governance Committee should be reconstituted to ensure sufficient oversight by councillors of the work identified in the “Next Steps” section?

Are the LGA members of the Improvement Board financially renumerated for their work on the Improvement Board and if so, could amounts (whether exact or approximate) of the total cost to Wirral Council over the lifespan of the Improvement Board?

GREG VOGIATZIS

Dear Improvement Board,
As a member of the public living on Wirral I have reviewed your report in the limited time it has been available and would like to comment and seek response as follows.

Your recommendations include

(a) The need for an Improvement Board in its current form is no longer the best way forward for Wirral.
(b) Instead the Council will need to drive improvement through the future actions suggested in the Next Steps sections of the report.
(c) There should be a review of Wirral’s progress overall at the end of the year end as suggested in para 85, on page 30 of this report

I struggle to grasp why these recommendations are appropriate given the significant number of “next steps” that the report suggests are required.

The review proposed at c) is to take place within a relatively short timescale at which point, given the scope of the report, it would be unlikely to establish genuine progress or provide confidence that strategies and changes have been effectively implemented.

I believe that continued external oversight by the Improvement Board is necessary to ensure that “next steps” and changes are in fact implemented and embedded.

There are a number of areas of concern that lead me to this belief.

At para 71 of the report reference is made to community representatives having been recruited for Constituency Committees which are a key plank of neighbourhood working.

This is untrue – Birkenhead, the largest constituency is yet to recruit community representatives and from my own enquiries do not appear to have a process to do so.

I am advised that the meeting of Birkenhead Constituency Committee arranged for 28 Nov 2013 is intended to address this although no agenda has yet been produced.

This does not inspire confidence that your report is accurate in this area and leaves other areas open to doubt.

At para 99. reference is made that the direction of travel is towards amber. This implies the situation is still RED and undermines your position that external oversight/scrutiny is no longer necessary.

At para 107 reference is made to FOI requests and the 85% target being achieved. This is measured over a very narrow timescale and makes no reference to any challenges to response that may have been received.

Give Wirral’s poor performance in this area surely continued oversight is required to ensure this is consistent and representative of anticipated future performance.

I have concerns that the Neighbourhood working structures are flawed and as these are key to delivery of the “new” ways of working and this calls into doubt the validity and credibility of much of the work the Improvement Board have undertaken.

The (published) Equality Impact Assessment for this does not appear to consider any potential negative impacts for protected groups or consideration of socio economic factors when in fact these clearly exist on the basis of £200,000 being equally split between constituencies regardless of their demographic or socio economic need. There is potential that inequality will be increased in constituencies/areas with more ethnically diverse population or younger/older populations.

Even on a simple budget per head calculation unequal treatment could be perceived as existing.
If my concerns are correct then this is something I would expect the Improvement Board to have noticed and addressed given the weight and emphasis placed on Neighbourhood Working.

NIGEL HOBRO

In your report p53 section 184 you write that you are “the first sector-led improvement approach taken to support a Council facing significant governance issues”. In the potted biographies of Joyce Redfearn it is written:

“She has served on two previous improvement boards for Blaenau Gwent and for Liverpool.”

Question 1.
What happened at Blaenau Gwent and Liverpool. I interpret “sector-led” as being led by a peer group rather like the Police investigating themselves. What was different about Mrs Redfearn’s prior appointments to Boards.

Question 2.
Your report refers to external reports 2010-2012 though by contrast WBC writes a response to critical reports 2010-2013. Given that those reports included two from Grant Thornton in 2013 which showed alarming deficiencies in the award of business start-up grants both in working Neighbourhoods, in BIG and in ISUS, how can you make a statement that the Economy was an “area of excellence” for WBC even under the difficult conditions to which you allude?

This is not a complaint regarding those investigations but a query of on what authority can you print such an assertion faced with knowledge of, certainly published in BIG Abbreviated summary, the deep failures of scrutiny over the process shown by WBC?

JON KING

I have two questions to the Improvement Board:

I would contest that the ‘war’ has been won when so many legacy issues remain outstanding, but to ‘win the peace’ when there has been such a breakdown in trust between the local authority and its residents is it not time for the Local Authority to adopt a corporate charter reflecting the Nolan Principles to embrace the expected standards in public life?

To ‘win the peace’ you have to resolve the grievances and issues resulting from the previous periods of poor performance how can the Council assure the residents that these have been investigated and addressed with the appropriate vigour.

ANONYMOUS (DID NOT WANT TO BE NAMED)

The report states that some council members were less engaged with the improvement training and process than others. Is the public allowed to know which ones these were and can anything be done about the persistence of this negative attitude now that the Improvement Board is planning to reduce its level of involvement?

The ‘What Really Matters’ and other previous questionnaires were hailed as a success and yet there were frequent public complaints regarding the loaded nature of the questions and the lack of information regarding the choices they presented (evidenced by letters to the local press, for example). Were these questionnaires actually designed by a reputable and experienced market research company, and if so, which one?

MARTIN MORTON

The Improvement Board will hear from Martin Morton who has requested time to address the meeting.

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

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

                       

On Friday I asked at a meeting of the Improvement Board, Graham Burgess (Wirral Council’s Chief Executive) the following question:

The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England decision notices) have not been published. If Wirral Council is now “open and transparent” when will the other fourteen appendices be published (except for appendix L)?

A Appendices as Referred to in the Report
B Equality and Human Rights Commission Letter Dated 29 December 2010
C First Improvement Plan
D Care Quality Commission Inspection Report
E Charging Policy for Supported Living Services
F Documents Relating to 27 Balls Road
G Standards for England Decision Notices Cllr Pat Williams, Cllr Moira McLaughlin, Cllr Denise Roberts and former Cllr Ann Bridson
H Documents Relating to Reimbursement Claims
I Emails Relating to Supported Living Contracts
J Documents Relating to Service Provider 2
K Documents Relating to Service Provider 3
L Medical Information Relating to Martin Morton (MEDICAL IN CONFIDENCE)
M Documents Relating to Service Provider 4
N Minutes of Adult Protection Strategy Meeting Relating to Service Provider 4
O Documents Relating to the Safeguarding Adults Unit
P Minutes of the DASS Monitoring & Development Sub Group Meeting Held on the 11 December 2008
Q Employment Dates for WMBC Employees

A brief explanation about some of the acronyms used above. DASS refers to Department of Adult Social Services and WMBC to Wirral Metropolitan Borough Council. Service Provider 2 was Assisted Living Services (ALS), Service Provider 3 was Salisbury Independent Living Services (SIL) and Service Provider 4 was Options for Living according to this key to the terms used in the Anna Klonowski Associates report.

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.

The answer given by Graham Burgess (unfortunately he didn’t give a separate answer for each appendix) and starts at 6:12 in the video above was, “Just a response to the first question which relates to a whole series of appendices to the AKA report.

Our view is that all those appendices actually contain very sensitive personal information and to release those appendices would be in breach of data protection and also the duty we have to individuals that gave us information in confidence or relating to their own personal, medical or financial circumstances. Therefore it’s our view that it would be inappropriate to release those documents as they contain a whole host of sensitive information.

Clearly these matters can be tested, if people wish to test our view, by FOIs and the Information Commissioner but so far our position has been and has not been challenged in respect of those appendices. As you can see from some of them anyway clearly showing they do contain very sensitive personal information.”

Joyce Redfearn, Chair of the Improvement Board said, “I think that was recognised within the question certainly in terms of one of the appendices.”

Cllr Jeff Green, Leader of the Conservative Group said, “Yeah, can I just check with the Chief Executive said ‘We decided’ who the we were?”

Graham Burgess, Chief Executive responded, “It’s err the Council. I’ve no doubt said the Council.”

John Brace said, “Sorry, as I’m entitled to a supplementary on that. In relation to P in that list which is the minutes of the DASS Monitoring & Development Sub Group Meeting. I know that there were councillors present at that one and that was used as a justification that councillors had signed off on the special charging policy. So if you released it with the other names blacked out, wouldn’t that then mean people could then have at least a bit of accountability as to who the people were who agreed to that?”

Graham Burgess responded, “Can I also say Chair, that with your agreement it would be the intention of the Council to print all these questions, to place all these questions on our website and all the answers to them as well so they can be unearthed by people who couldn’t make this meeting so they could see what was said and what we’re saying.

In respect of that errm, obviously this is a question we got at five o’clock last night which was reasonable and obviously your supplementary has just been asked now. So I’d need probably to go away and take advice on that point and we’ll give the answer both to you John personally and put the answer on the website for everybody to see. Certainly Joyce and the Improvement Board will take that into account when they write the final report.”

Joyce Redfearn said, “So thank you for the particular question, it was really helpful.”

Below is the first appendix I asked to be published, appendix B (Equality and Human Rights Commission Letter Dated 29 December 2010) supplied by Paul Cardin (not Wirral Council), who has further information on some of the background to the letter in a blog post headlined “The Saga of DLA Piper – can the truth finally be allowed to emerge? Er, not yet…”. You can click on the image of the letter for a larger image, but as search engines can’t spider images, the text of the letter is also included below it.

Letter to Angela Eagle MP from Mike Smith, Chair of the Disability Committee of the Equality and Human Rights Commission

Equality and
Human Rights
Commission

equalityhumanrights.com

29 December 2010

Angela Eagle MP
House of Commons
London
SW1A 0AA

Dear Ms Eagle
Mr Paul Cardin

In response to your letter of 9 November 2010, in which you outline Mr. Cardin’s concerns that the overcharging of disabled residents amounted to discrimination.

I do not agree with the conclusions drawn by the Council’s Director of Law namely that discrimination did not occur because the residents were not overcharged for reasons relating to disability.

Current discrimination law and supporting case law clearly establish that motive and intent are irrelevant to this issue. The facts are that disabled people were subject to unlawful levels of charging (whether or not the cause was maladministration).

It is therefore the opinion of the Commission that Mr. Cardin’s concerns should be included in the Inquiry, in order to identify whether there are other issues or systemic problems that need to be addressed.

Furthermore inclusion of Mr. Cardin’s concerns in the Inquiry will assist the Local Authority in communicating their commitment to fully investigating this matter.

Yours sincerely

Mike Smith
Chair of the Disability Committee

Equality and Human Rights Commission
3 More London Riverside
Tooley Street
London
SE1 2RG
Tel: 020 3117 0235
Fax: 020 7407 7557
info@equalityhumanrights.com

The Equality and Human Rights Commission was established by the Equality Act 2006 as the Commission for Equality and Human Rights

So going through the list of reasons Graham Burgess gave for not publishing appendices such as these.

1. Does it contain “very sensitive personal information”?

No, it doesn’t. It does contain Paul Cardin’s name and if Wirral Council wished to protect his privacy it could easily have been released the letter with his name blacked out. However I had Paul Cardin’s permission to republish the letter without any redactions.

2. Would it be a breach of the data protection legislation for Wirral Council to release and publish such a letter?

In my view no (apart from the point about whether Paul Cardin’s name should be included when published or not). Wirral Council have been criticised in the past for using the spurious reason of data protection legislation to try and stop filming of their meetings so I don’t think they’re as familiar with this legislation and case law on the subject as they claim to be. My own personal experience is that I’ve previously won a case (in 2012) in the Birkenhead County Court involving a breach of the Data Protection Act 1998 where one of the two defendants was a Wirral councillor. Sadly it seems at least one Wirral councillor has very little understanding of the data protection legislation.

3. Would it breach the duty Wirral Council has to individuals that gave them information in confidence?

No, this is a letter written to Angela Eagle MP. I very much doubt that Mike Smith was told by Anna Klonowski Associates Ltd that his letter would be kept confidential or that he was providing it on these terms to Anna Klonowski’s investigation on those terms.

4. Does it relate to personal, medical or financial circumstances?

No, it does relate to overcharging but not in detail.

This however brings us to a final question which seems to be the crux of the matter.

5. Would releasing or publishing a letter from the Chair of the Disability Committee of the Equality and Human Rights Commission that states that disabled people were subject to unlawful levels of charging which amounted to discrimination, which contradicts the legal opinion of Wirral Council’s former Director of Law be something that would be embarrassing to Wirral Council? The answer to that one is yes. As usual comments on this matter are appreciated.

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

Boundary Commission proposes keeping Bidston and St. James ward in Birkenhead for 2015 General Election

Although the initial proposals that the Boundary Commission drew up proposed moving Bidston & St. James ward to Wallasey constituency (from 2015), the revised proposals place Bidston & St. James ward far more sensibly in Birkenhead constituency. The consultation on the revised proposals are running until 10th December 2012.

The effect of Bidston & St. James ward staying in Birkenhead under the revised proposals, is that Upton ward is moved in the revised proposals from Birkenhead to Wallasey (it’s currently in Wirral West, which is proposed to be renamed Wirral Deeside). These changes are of course subject to a vote in the House of Commons before 2015, which the Lib Dem Party has now stated they won’t support (although they agreed to it in the Coalition Agreement in 2010) because of stalled House of Lords reforms due (in part) to a rebellion by backbench Conservative Party MPs.