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

Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing, Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson

Last night showed something that we’ve been promised for some time which is pre-decision scrutiny (of a sort). Now the Future Council consultation is over, the first of three overview and scrutiny committees met yesterday evening to discuss the proposed budget cuts in their area of responsibility.

Prior to this there had been a behind closed doors set of meetings among councillors, which explained why the public meeting itself was rather short.

The rather late reports (which included a Powerpoint presentation on the consultation results) concentrated on the following proposed budget cuts:

Youth and Play Service £450,000 cut closing 4 youth centres, reducing provision at the “hubs” from five evening a week to four, Play Schemes funding ceased, grant to Wirral Play Council stopped, Civil Award Scheme stopped and Duke of Edinburgh Award Scheme stopped. If chosen this would end play schemes in Beechwood, Gautby Road (in Bidston) and Leasowe Adventure Playground in Wallasey. These three playschemes cost Wirral Council £190,000 a year but benefit about 600 children.

The Wirral Play Council (a charity on the Wirral) runs play schemes including an annual event at Birkenhead Park attended by 3,000 children, which was discussed at the Youth and Play Service Advisory Committee public meeting last week. People at that meeting were shown photos of the Mayor at this event in Birkenhead Park which I can’t show you because the Cabinet Member for Children’s Services Cllr Tony Smith and Wirral Council officers decided to try to negotiate a broadcast media blackout of that public meeting and had I tried to film it, Surjit Tour would’ve advised Cllr Tony Smith to adjourn that meeting.

The detail of the effects of each proposal had been previously discussed behind closed doors by councillors who then produced a scrutiny panel report.

The other possible budget cuts involved Girtrell Court (a short break respite service for adults with disabilities of £385,000), a cut to the all age disability service of £600,000 (affecting Willow Tree (overnight short breaks for children with high-level learning and physical disabilities), Children with Disabilities Team, Transition Team and the Family Support Team) and West Kirby Marine Lake (a cut of £25,000 and the possible outsourcing to a third party although an alternative option is being looked at).

Certainly these were not popular proposals (especially considering the fuss kicked up over the play schemes proposal) cuts and in not all areas did councillors agree with officers. At one point the Chair felt that the cuts were just being fitted around the amounts that had to be saved. As the budget options cover £4 million out of £2.5 million of options, some won’t happen, however you can watch the video of the meeting below to see and hear what councillors and officers said.

I will upload clearer audio of the meeting at a later date, although I felt it was important to point out the above at this point. When the overview and scrutiny committees finish (the last one is scheduled for tomorrow night), their proposals will feed into a Cabinet meeting which will make a recommendation on the budget to Council. All councillors will then meet, debate, discuss and vote on the budget, which according to the new legislation now has to be done by each councillor individually voting on each budget proposal (due to a change in legislation earlier this year). This way when it comes to election time in May, the Wirral public can look up how certain councillors standing in the election voted on the issues that matter to them if they so wish.

There are however going to be sections of society lobbying hard to make sure the Labour administration (who decide where the cuts are) spares them from the effects of the cuts. It remains to be seen how easy it will be both for councillors and political parties to deal with the public relations effects of what is proposed. As was mentioned at the meeting yesterday evening, there are large petitions opposing some of the cuts proposed. Some petitions are large enough that the petition organisers will get the right to speak at the Council meeting at which these decisions are made. The papers for this public meeting can be read on Wirral Council’s website

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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 1

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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 2

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Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian from Disney's Looney Tunes — Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 came into force earlier this month, we’ll rely on this too and the new section 30A on parody.

If you are reading this from the UKIP party and are planning to leave a comment questioning the immigration status of Marvin the Martian or disagreeing that he should have any say whatsoever about British politics, we humbly point out that although is not British, he is a fictional character and figments to people’s imagination do not have to have permission to come here.

MARVIN THE MARTIAN: The Martian High Command have asked me to survey the Wirral to try to understand its people and politics and write a report back but I find it all very confusing.

JOHN BRACE: Good luck with that! Even I don’t fully understand the Wirral people and its politics.

MARVIN THE MARTIAN: Well we have a few areas we are unsure of. Let’s start with Greasby.

JOHN BRACE: Yes, Greasby, I know where that is.

MARVIN THE MARTIAN: Well, we are very confused. We hear reports on your media of a consultation meeting in Greasby about fire stations, but people turned up but weren’t allowed to go to it? What sort of consultation on closure is that?

JOHN BRACE: I wasn’t there, I was covering a public meeting of Wirral Council at the time. Had I turned up I wouldn’t have been allowed in either as the place has to be able to be safely evacuated in case of a fire so has a set capacity. There is however a little irony there as it’s the Merseyside Fire and Rescue Service who are doing the consultation. However the Merseyside Fire and Rescue Service have informed the Merseyside Fire and Rescue Authority before that not many people at all turn up to their other fire station closure consultation meetings. So maybe they’re not used to large numbers of people turning up to public meetings?

MARVIN THE MARTIAN: Well don’t Wirral Council own the land in Greasby that has the library, the Children’s Centre and other well-loved buildings on? Haven’t they offered (subject to the outcome of the consultation, a further decision and planning permission) a lease?

JOHN BRACE: Yes it does and that’s the Chief Fire Officer’s currently preferred site for the new fire station if Upton & West Kirby close. Yes, they have offered them a lease (subject to the outcome of the consultation, a further decision and planning permission).

MARVIN THE MARTIAN: So why do the people of Greasby have a problem with their library closing?

JOHN BRACE: It’s historical, see your historical files on Earth. The Labour government minister at the time requested a public inquiry into library closures in 2009 so Labour councillors and the Lib Dems councillors were forced into a U-turn. Wirral people seem to still remember that and libraries for a number of years after libraries became a sacred cow of Wirral politics. However Cllr Foulkes said in the recent past that libraries shouldn’t be spared from the cuts and scrutiny.

MARVIN THE MARTIAN: And what else is happening on libraries and children centres?

JOHN BRACE: Well on libraries there’s a proposal to reduce opening hours at certain libraries. The decision to consult on the closure of children’s centres has been “called in”, the committee met to consider the “call in” then got adjourned. The committee is planning to meet again on the 12th November 2014 at 6.00pm. However its Labour Chair Cllr Moira McLaughlin was cheered up by some news.

MARVIN THE MARTIAN: What news would that be, a U-turn on closing the children’s centres?

JOHN BRACE: No, the news that Cllr Chris Blakeley (Conservative spokesperson) has left the call in committee and been replaced by a different Conservative councillor.

MARVIN THE MARTIAN: Why would she be pleased?

JOHN BRACE: They have a history of, well how do I put it as diplomatically as possible without taking sides, arguing passionately with each other in public?

MARVIN THE MARTIAN: So let me get this straight, they had a public inquiry into Wirral’s library closures which had been driven through by the then Leader of the Council Cllr Steve Foulkes at the Floral Pavilion chaired by Sue Charteris?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Then a few years later Wirral Council made Cllr Foulkes Mayor in exactly the same room Mayor, also at the Floral Pavilion?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Wow. This Cllr Foulkes guy sounds interesting. However back to Greasby. Which political party has the three local councillors in Greasby, Frankby and Irby?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And the MP in Wirral West?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And political control of the Merseyside Fire and Rescue Authority is in which party’s hands?

JOHN BRACE: Labour.

MARVIN THE MARTIAN: Ha, ha, ha. So Labour want to close a few fire stations in Wirral West to cause trouble?

JOHN BRACE: Labour will say they blame the Conservative/Lib Dem government or alternatively they’ll let the unions say roughly the same thing. However the unions have already gone on strike.

MARVIN THE MARTIAN: I thought politicians weren’t allowed to be “party political”, however isn’t Esther McVey some type of government minister too?

JOHN BRACE: Yes. She’s currently the Minister for Employment so you can imagine how the public sector unions such as the Fire Brigades Union and other unions feel about that.

MARVIN THE MARTIAN: Isn’t she facing a General Election in about six months time in what is a marginal seat?

JOHN BRACE: Yes, the unions/Labour Party are already trying their best to replace her with the Labour candidate. See fracking and other issues.

MARVIN THE MARTIAN: That’s enough about Greasby, libraries, children’s centres and Esther McVey though, what’s happening in Birkenhead?

JOHN BRACE: The Rt Hon Frank Field MP is telling people that antisocial behaviour is a bad idea.

MARVIN THE MARTIAN: Really, is he referring to Cllr Phil Davies and his plan (currently out to consultation again) to close Lyndale School?

JOHN BRACE: Don’t be silly! He’s doesn’t mean it like that! He doesn’t mean his own Labour Party! By the language used in press articles he’s referring to young people.

MARVIN THE MARTIAN: Ahh so the Rt Hon Frank Field MP isn’t picking on the disabled but he’s picking on young people, why do politicians always scapegoat young people? Isn’t Alison McGovern MP, MP for Wirral South in fact younger than you are?

JOHN BRACE: Now you’re making me feel old! Yes she is. Politicians scapegoat young people to play to their base. Politicians of all parties do it. Political parties have a history of having major political disagreements with their own party’s youth wing. See Lib Dems and tuition fees as a recent example of that. However the youth wing of political parties also represents the future of that party, so annoying them can be very short-term thinking.

MARVIN THE MARTIAN: And Alison McGovern is the MP where Lyndale School is?

JOHN BRACE: Yes. She’s MP for Wirral South, another marginal seat.

MARVIN THE MARTIAN: And as a Labour MP, if the Labour Cabinet decide to close Lyndale School before the election in May 2015 does that harm her chances of reelection next May?

JOHN BRACE: It would make it look (to some voters) if that happened like she had little influence over her own political party’s decision-making process (which isn’t entirely true but that would probably be how it would be spun in the press by her opponents).

MARVIN THE MARTIAN: Ahh, but I thought officially the Labour Cabinet on Wirral Council had an “open mind” on the subject of closing Lyndale School?

JOHN BRACE: Please don’t get me started on that topic. There is a second consultation on it now, but I doubt Wirral Council would accept consultation responses from fictional characters.

MARVIN THE MARTIAN: So to sum up, there’s an election coming where everyone that can vote will get two votes, one for councillor, one for MP?

JOHN BRACE: Yes, “vote early and vote often (but no more than twice)” I could write if I was being slightly flippant!

MARVIN THE MARTIAN: And in the lead up to elections you get election promises, vote for me and I’ll do this (or my party will do this)?

JOHN BRACE: Yes, even promises they know they can’t possibly keep after the election.

MARVIN THE MARTIAN: Are you implying party political candidates would deliberately lie about themselves and their own political party?

JOHN BRACE: I’d probably get sued or face an injunction if I answered that honestly! However you can’t libel a political party or a local council. Elections at their heart are a popularity contest and a battle for hearts and minds, so political parties will tell people what they think they want to hear.

MARVIN THE MARTIAN: Oh dear. So after the election a lot of people will be disappointed?

JOHN BRACE: They always are, before, during and after. Some of them have even given up on voting or being engaged in the political process.

MARVIN THE MARTIAN: That’s sad really. Well I’ll put all this in my report to the Martian High Command. Thanks for the interview!

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4 week consultation on closure of Lyndale School starts: does Wirral Council really know how many pupils are there?

Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 2nd October 2014 Council Chamber, Wallasey Town Hall (c) John Brace — Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 20th October 2014 Council Chamber, Wallasey Town Hall (c) John Brace

Following the Council meeting on the 20th October 2014 when Labour councillors voted to go ahead to the next stage on closure of Lyndale School, Wirral Council started on the 22nd October 2014 its four-week consultation on closure which finishes on 19th November 2014. After this consultation is finished, the results of this consultation will be reported back to Wirral Council’s Cabinet.

Proposal to cease to maintain the Lyndale School

Complete Proposal

You can also ask for copies of the proposals by calling 0151 606 2020 during office hours or writing to:

Julia Hassall
Director of Children’s Services
Hamilton Building
Conway Street
Birkenhead
CH41 4FD

The above files I’ve linked to are the new files in this current consultation.

You can respond to the consultation in one of two ways, either by email to specialreview@wirral.gov.uk or by mail to:

Julia Hassall
Director of Children’s Services
Hamilton Building
Conway Street
Birkenhead
CH41 4FD

I am unsure at this stage which Cabinet meeting the outcome of this four-week consultation on the closure of Lyndale School will go to. At the time of writing the following Cabinet meetings are scheduled for after the end of the consultation:

Personally as the 27th November is a special meeting and occurs exactly one week and a day after the consultation ends, I would guess that this will be the public meeting at which the outcome of the second consultation and a further decision will be made. As agendas and reports have to be published at least a week before holding a Cabinet meeting, 27th November 2014 would be the earliest date it could be held.

However if this matter is called in after the Cabinet decision after the consultation and there are more delays in the process taking it past February 2015, it would make setting the 2015-16 Schools Budget problematic.

The reason is that if a final decision on closure is not made before February 2015, a contingency of funding Lyndale School from the proposed date of closure (January 1st 2016) to the end of that financial year (March 2016) would have to be added to the schools budget for 2015-16 of ~£140,000.

There are legal limits on when the 2015-16 Schools Budget has to be decided by and as there were delays earlier this year, I can see the next stages moving as fast as is humanly possible at Wirral Council (which when you do things as fast as you possibly can inevitably leads to mistakes).

However I would like to point out that the current consultation has at least one contradictory fact in Surjit Tour’s letter to me of the 30th September 2014 (although Mr. Tour obviously has to rely on what he’s told and take it at face value as I seriously doubt (although I could of course be wrong) that Mr. Tour visited Lyndale School and started asking children how old they are). I’ll explain what I mean (with references):

Here is the 13 page response from Mr. Tour. In it he states:

“8. Background

8.1 Lyndale School is a special school providing specialist educational provision for primary aged pupils, the majority of whom have Profound and Multiple Learning Difficulties (“PMLD”). There are 21 pupils currently on the roll, nine of whom will be transitioning to secondary school by the end of the 2015/16 academic year. The declining number of students admitted to Lyndale over recent years has drawn into question The Lyndale’s financial viability for the future.”

When I read Surjit Tour’s reply a few weeks ago, I thought it a bit odd that out of the eight year groups at Lyndale School, that almost half the school (nine out of twenty-one) would be in the final year and therefore leave to secondary school in September 2015 and not be affected by the proposals to close it. It seemed unusual at the time.

Mr. Tour repeatedly states throughout his letter that I have not provided evidence of my facts. However the evidence that proves him wrong on this was in fact published by Wirral Council on the 22nd October 2014 as part of the current consultation. Here is the table published as part of the Complete Proposal. The table is Pupil admissions and numbers.

	F1	F2	Y1	Y2	Y3	Y4	Y5	Y6	Total
October 2014 Boys Girls	3 2 1	1 0 1	3 1 2	2 2 0	3 3 0	1 1 0	6 2 4	2 1 1	21 12 9
December 2015 Boys Girls	0 – –	3 2 1	1 0 1	3 1 2	2 2 0	3 3 0	1 1 0	6 2 4	19 11 8

Number in each year group in December 2015 assumes that all current pupils remain on roll, that no new children are admitted to F1 (Nursery) in September 2015, and that no further children join or leave other year groups from October 2014 onwards.

As you can see from the table above there are two children (one boy and one girl) in year 6 at Lyndale School who will start at a secondary school in September 2015, not nine as claimed by Surjit Tour in his letter.

This then has an effect on other numbers used in his letter.

According to Surjit Tour 21-9 = 12 (twelve pupils left in September 2015)
According to Julia Hassall 21-2 = 19 (nineteen pupils left in September 2015)

So who do I trust to give the correct figure for pupils at the Lyndale School? The Head of Legal and Member Services (Surjit Tour) or the Director of Children’s Services (Julia Hassall)? They can’t both be right, can they?

On the balance of probabilities because:

a) Julia Hassall actually works in the area of Wirral Council with responsibility for schools
b) that it seems highly unlikely that nine of the twenty-one pupils at Lyndale School (spanning eight year groups) would be in the last year group

I’m veering towards believing Ms Hassall (although I never really relish taking sides when two people in Wirral Council’s senior management team are giving out contradictory information).

There is also the point that someone could have misread the table above and used the total number of girls presently at the school (nine) instead of the number of pupils in year six (two) and given that information to Surjit Tour to use in his letter.

Isn’t it weird though that when Wirral Council makes a mistake like this, it always coincides with their world view of a “small school” (in this case seven pupils less than it actually is)?

If Wirral Council can’t get basic facts such as how many pupils of what age are at Lyndale School right, is it any wonder that there are problems of trust between those associated with Lyndale School and Wirral Council?

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Expense claim form for Councillor David Elderton (Wirral Council) October 2013

Cllr David Elderton is a Conservative councillor for West Kirby and Thurstaston ward. When Wirral Council initially supplied copies of the expenses forms for this councillor which were published here, the Human Resources department incorrectly supplied the form for October 2012, when it should have been for October 2013. However the form for the correct year was provided to me in the last week.

The October 2013 form was supplied and is below. It is for 151 miles of travel @ 40p/mile which is a total of £60.40 which covers travel to some public meetings such as Council and Planning Committee, representing Wirral Council on outside bodies such as the West Kirby Charities Board, a visit with the Cabinet Member Cllr Chris Meaden to Rock Ferry library, a tour of West Kirby and Thurstaston ward with Wirral Council’s Chief Executive Graham Burgess and a reception and briefing for the Green Flag award in the Round Room at Wallasey Town Hall.

Cllr David Elderton (unlike other councillors) includes his departure time and return time and mileometer readings on the form itself.

Cllr David Elderton expenses claim 2013 page 1 of 1 — Cllr David Elderton expenses claim October 2013 page 1 of 1

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Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

Below is the text of the amendment submitted on Monday evening to the minority report from Cllr Paul Hayes. It was not circulated to the public gallery, so myself and another went downstairs during the adjournment to get a copy.

Despite the Chief Executive’s assertion that it was a “private paper”, this will form part of the minutes of the public meeting on 22nd October 2014.

It is a shame committee services officers aren’t instructed to circulate copies to the public gallery too during the adjournment. However this would cost Wirral Council the extra labour costs of sending someone up the stairs and the extra photocopying costs of a further ten or so sheets of paper, so I am happy in these straightened financial times to decrease the labour costs of Wirral Council!

So this Lib Dem amendment gets a wider audience (and I got told off a bit by the Chief Executive on my way out of the Council Chamber for being in the Council Chamber as he made some point about “private papers” and a “private meeting” that to be honest I didn’t understand at the time as we were both tired), it is below. I’ve linked from it to the documents referred to in it. It’s also interesting to hear the Mayor’s comments on an attempt to make councillors vote on an amendment they hadn’t received a copy of yet!

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The item on Lyndale School starts at the 3 minute 40 second mark, lasts for a further six minutes then the meeting is adjourned.

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This is after the meeting resumed after the adjournment and continues below at the next clip.

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The item on Lyndale School is for about two minutes at the start.

===================================================================================================================

COUNCIL 20 OCTOBER 2014

Proposed: Cllr Phil Gilchrist
Seconded: Cllr Dave Mitchell

Amendment to the Minority Report from Cllr Paul Hayes

It be noted that the SEN Improvement Test as set out on Page 87 as Appendix 3 in the Consultant’s Report did not fully set out paragraph 40 as set out in the Guidance Document, namely that:

“….Decision-makers should make clear how they are satisfied that this SEN improvement test has been met, including how they have taken account of parental or independent representations which question the proposer’s assessment”.

…was not included and that, therefore, the matter should be referred back to Cabinet so that they can fully set out how they have undertaken this assessment in the light of the guidance.

===================================================================================================================

Of course, the question is therefore, did Wirral Council’s Cabinet (and Coordinating Committee) actually have to consider the guidance before reaching a decision? It would seem from the legislation they do have to have regard to it. For the purposes of clarity LEA stands for Local Education Authority:

Section 72 of the Education and Inspections Act 2006 c.40 states the following:

“72. Duty of LEA to have regard to guidance

A local education authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.”

Note the use of the word must, the decision makers must have regard to any guidance (which was issued on the 28th January 2014). It’s not optional to do so. The current guidance introduced in January 2014 is in four parts (and hasn’t been included in the papers for the meetings so far in full):

School organisation (maintained schools) (23 pages) issued 28/1/14

School organisation: annex A (16 pages) issued 28/1/14

School organisation: annex B (23 pages) issued 28/1/14

School organisation: annex C (14 pages) issued 28/1/14

In other words, when making the decisions on 5th February 2014, 25th February 2014, 27th February 2014, 4th September 2014, 2nd October 2014 and 20th October 2014 can those over sixty councillors all prove they had regard to the guidance when the seventy-six pages of government guidance wasn’t included in the papers for those meetings?

Not even four weblinks were included, so they could read it in their own time was included.

The guidance that was quoted, wasn’t for the right time period and after new guidance was issued on the 28th January 2014, Wirral Council just kept using the old version as the first Cabinet meeting to discuss Lyndale School was held on the 16th January 2014.

Why don’t people bother to check these things at Wirral Council before including them in meeting papers? Should the Labour councillors accept some responsibility for not asking officers whether required guidance was not included with the papers or do Labour councillors assume that Wirral Council officers don’t make any mistakes (unlike the rest of us)?

During the adjournment I happened to pass Julia Hassall (Wirral Council’s Director of Children’s Serivces) leaving the Council Chamber and she didn’t look very happy by this development. However it’s been known for some time (although apparently Wirral Council officers and politicians are the last to know it seems).

It’s just one of many unresolved anomalies about how the decisions surrounding Lyndale School have not been made as they should have done.

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Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

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Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

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4 week consultation on closure of Lyndale School starts: does Wirral Council really know how many pupils are there?

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Expense claim form for Councillor David Elderton (Wirral Council) October 2013

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Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School

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