Category: Labour

Wirral Council committee appointments for the 2014/15 municipal year

Wirral Council committee appointments for the 2014/15 municipal year

Wirral Council committee appointments for the 2014/15 municipal year

                            

This is a list of which councillor is on which committee for the 2014/15 year. It doesn’t include deputies (but the list of deputies can be found here at pages thirteen to twenty-three). This is the original list as agreed at the Annual Meeting (Part 2) of the Council on the 9th June 2014 (and published on the 23rd June 2014). Changes can be made throughout the 2014/15 year.

Cabinet (10 councillors)

Cllr Phil Davies (Leader of the Council and Cabinet Member for Finance)
Cllr Ann McLachlan (Governance, Commissioning and Improvement & Joint Deputy Leader of the Council)
Cllr George Davies (Neighbourhoods, Housing and Engagement & Joint Deputy Leader of the Council)
Cllr Adrian Jones (Support Services)
Cllr Christine Jones (Adult Social Care and Public Health)
Cllr Chris Meaden (Leisure, Sport and Culture)
Cllr Pat Hackett (Economy)
Cllr Tony Smith (Children and Family Services)
Cllr Bernie Mooney (Environment and Sustainability)
Cllr Stuart Whittingham (Highways and Transport)

Although there are no deputies for Cabinet, there are ten assistant portfolio holders.

Audit and Risk Management Committee (9 councillors)

Councillor John Hale (Conservative spokesperson)
Councillor David Elderton (Conservative)
Councillor Adam Sykes (Conservative)
Councillor Jim Crabtree (Labour & Chair)
Councillor Ron Abbey (Labour & Vice-Chair)
Councillor Paul Doughty (Labour)
Councillor Matthew Patrick (Labour)
Councillor Joe Walsh (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Employment and Appointments Committee (8 councillors)

Councillor Jeff Green (Conservative spokesperson)
Councillor Lesley Rennie (Conservative)
Councillor Adrian Jones (Labour & Chair)
Councillor Phil Davies (Labour & Vice-Chair)
Councillor George Davies (Labour)
Councillor Ann McLachlan (Labour)
Councillor Moira McLaughlin (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Licensing, Health and Safety and General Purposes Committee (9 councillors)

Councillor Andrew Hodson (Conservative spokesperson)
Councillor Leah Fraser (Conservative)
Councillor Geoffrey Watt (Conservative)
Councillor Bill Davies (Labour & Chair)
Councillor Steve Niblock (Labour & Vice-Chair)
Councillor John Salter (Labour)
Councillor Christine Spriggs (Labour)
Councillor Mike Sullivan (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Licensing Act 2003 Committee (15 councillors)

Councillor Eddie Boult (Conservative)
Councillor Gerry Ellis (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Steve Niblock (Labour, Vice-Chair (from 18th June 2014))
Councillor George Davies (Labour)
Councillor Tony Norbury (Labour)
Councillor Louise Reecejones (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Harry Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Dave Mitchell (Liberal Democrat)
Councillor Pat Williams (Liberal Democrat)

There are no deputies for this committee.

Pensions Committee (10 Wirral Council councillors plus 5 co-opted members)

Councillor Geoffrey Watt (Conservative spokesperson)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Paul Doughty (Labour, Chair)
Councillor Ann McLachlan (Labour, Vice-Chair)
Councillor George Davies (Labour)
Councillor Treena Johnson (Labour)
Councillor Adrian Jones (Labour)
Councillor Harry Smith (Labour)
Councillor Chris Carubia (Liberal Democrat spokesperson)

Co-opted members
Councillor Norman F Keats (Labour, Knowsley Council)
Councillor John Fulham (Labour, St Helens Council)
Councillor Paul Tweed (Labour, Sefton Council)
Councillor Patrick Hurley (Labour, Liverpool City Council)
Patrick McCarthy

In addition to the above there are eight Conservative deputies, eight Labour deputies and four Liberal Democrat deputies.

Planning Committee (13 councillors)

Councillor David Elderton (Conservative spokesperson)
Councillor Eddie Boult (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Anita Leech (Labour, Chair)
Councillor Denise Realey (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Matt Daniel (Labour)
Councillor Christine Spriggs (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Standards and Constitutional Oversight Committee (9 councillors, 4 independent persons)

Councillor Les Rowlands (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Moira McLaughlin (Labour, Vice-Chair)
Councillor Rob Gregson (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)

Independent persons
Professor R S Jones (until 15th July 2016)
Mr C Jones (until 15th July 2016)
Mr D Burgess-Joyce (until 15th July 2016)
Mr B Cummings (until 15th July 2016)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Coordinating Committee (15 councillors, 4 co-opted members)

Councillor Chris Blakeley (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Wendy Clements (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Steve Williams (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Anita Leech (Labour)
Councillor Christina Muspratt (Labour)
Councillor Walter Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Jerry Williams (Labour)
Councillor Janette Williamson (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

Co-opted members (when dealing with education matters with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Families and Wellbeing Policy and Performance Committee (15 councillors, 4 co-opted members)

Councillor Wendy Clements (Conservative spokesperson)
Councillor Bruce Berry (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Denise Roberts (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Treena Johnson (Labour)
Councillor Tony Norbury (Labour)
Councillor Walter Smith (Labour)
Councillor Christine Spriggs (Labour)
Councillor Janette Williamson (Labour)
Councillor Alan Brighouse (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)

Co-opted members (with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Regeneration and Environment Policy and Performance Committee (15 councillors)

Councillor Steve Williams (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Mike Sullivan (Labour, Chair)
Councillor Jerry Williams (Labour, Vice-Chair)
Councillor Jim Crabtree (Labour)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Anita Leech (Labour)
Councillor Steve Niblock (Labour)
Councillor Denise Realey (Labour)
Councillor Jean Stapleton (Labour)
Councillor Dave Mitchell (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Transformation and Resources Policy and Performance Committee (15 councillors)

Councillor Adam Sykes (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Bruce Berry (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Janette Williamson (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Matthew Patrick (Labour)
Councillor Christina Muspratt (Labour)
Councillor Louise Reecejones (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Birkenhead Constituency Committee (18 councillors, 1 co-opted member)

Councillor Jim Crabtree (Labour, Bidston & St. James)
Councillor Ann McLachlan (Labour, Bidston & St. James)
Councillor Harry Smith (Labour, Bidston & St. James)
Councillor Pat Cleary (Green, Birkenhead & Tranmere)
Councillor Phil Davies (Labour, Birkenhead & Tranmere)
Councillor Jean Stapleton (Labour, Birkenhead & Tranmere)
Councillor George Davies (Labour, Claughton)
Councillor Steve Foulkes (Labour, Claughton)
Councillor Denise Roberts (Labour, Claughton)
Councillor Alan Brighouse (Liberal Democrat, Oxton)
Councillor Stuart Kelly (Liberal Democrat, Oxton)
Councillor Pat Williams (Liberal Democrat, Oxton)
Councillor Paul Doughty (Labour, Prenton)
Councillor Tony Norbury (Labour, Prenton)
Councillor Denise Realey (Labour, Prenton)
Councillor Bill Davies (Labour, Rock Ferry)
Councillor Chris Meaden (Labour, Rock Ferry)
Councillor Moira McLaughlin (Labour, Rock Ferry)

Co-opted Member
Rt Hon Frank Field MP (Chair)

Wallasey Constituency Committee (18 councillors, 6 community representatives)

Councillor Ron Abbey (Labour, Leasowe and Moreton East)
Councillor Treena Johnson (Labour, Leasowe and Moreton East)
Councillor Anita Leech (Labour, Leasowe and Moreton East)
Councillor Matt Daniel (Labour, Liscard)
Councillor Bernie Mooney (Labour, Liscard)
Councillor Janette Williamson (Labour, Liscard)
Councillor Bruce Berry (Conservative, Moreton West and Saughall Massie)
Councillor Chris Blakeley (Conservative, Moreton West and Saughall Massie)
Councillor Steve Williams (Conservative, Moreton West and Saughall Massie)
Councillor Rob Gregson (Labour, New Brighton)
Councillor Pat Hackett (Labour, New Brighton)
Councillor Christine Spriggs (Labour, New Brighton)
Councillor Adrian Jones (Labour, Seacombe)
Councillor Chris Jones (Labour, Seacombe)
Councillor John Salter (Labour, Seacombe)
Councillor Leah Fraser (Conservative, Wallasey)
Councillor Paul Hayes (Conservative, Wallasey)
Councillor Lesley Rennie (Conservative, Wallasey)

Community Representatives
Mr Ken Harrison
Mr Brian Higgins
Mr Tony Jones
Mr Keith Raybould
Mr Paul Roberts
Mr Lewis Collins

Wirral South Constituency Committee (15 councillors, up to 6 community representatives)

Councillor Christina Muspratt (Labour, Bebington)
Councillor Walter Smith (Labour, Bebington)
Councillor Jerry Williams (Labour, Bebington)
Councillor Steve Niblock (Labour, Bromborough)
Councillor Joe Walsh (Labour, Bromborough)
Councillor Irene Williams (Labour, Bromborough)
Councillor Cherry Povall (Conservative, Clatterbridge)
Councillor Tracey Smith (Conservative, Clatterbridge)
Councillor Adam Sykes (Conservative, Clatterbridge)
Councillor Chris Carubia (Liberal Democrat, Eastham)
Councillor Phil Gilchrist (Liberal Democrat, Eastham)
Councillor Dave Mitchell (Liberal Democrat, Eastham)
Councillor Andrew Hodson (Conservative, Heswall)
Councillor Kathy Hodson (Conservative, Heswall)
Councillor Les Rowlands (Conservative, Heswall)

Community representatives
Unknown

Wirral West Constituency Committee (15 councillors plus six co-opted community representatives)

Councillor Tom Anderson (Conservative, Greasby, Frankby & Irby)
Councillor Wendy Clements (Conservative, Greasby, Frankby & Irby)
Councillor Mike Hornby (Conservative, Greasby, Frankby & Irby)
Councillor Eddie Boult (Conservative, Hoylake & Meols)
Councillor Gerry Ellis (Conservative, Hoylake & Meols)
Councillor John Hale (Conservative, Hoylake & Meols)
Councillor Phillip Brightmore (Labour, Pensby & Thingwall)
Councillor Louise Reecejones (Labour, Pensby & Thingwall)
Councillor Michael Sullivan (Labour, Pensby & Thingwall)
Councillor Matthew Patrick (Labour, Upton)
Councillor Tony Smith (Labour, Upton)
Councillor Stuart Whittingham (Labour, Upton)
Councillor David Elderton (Conservative, West Kirby & Thurstaston)
Councillor Jeff Green (Conservative, West Kirby & Thurstaston)
Councillor Geoffrey Watt (Conservative, West Kirby & Thurstaston)

Community Representatives
Jackie Hall (Hoylake and Meols)
John Smith (Greasby, Frankby & Irby)
Lynn Collier (Pensby & Thingwall)
Elise Wong (Upton)
David Wade (West Kirby & Thurstaston)

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If Lyndale School closed: what might happen next?

If Lyndale School closed: what might happen next?

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 the meeting of Wirral Council’s Cabinet which decided to consult on closing Lyndale School (16th January 2014)

If Lyndale School closed: what might happen next?

                                    

Usually I write about other people. However today because personal experience and stories shape who you are I felt the need to share some of my history as a child to make a number of points about the Lyndale School Closure consultation.

From ages four to ten, I went to a primary school in Upton that I really liked and enjoyed called St. Josephs Upton. At age ten, I was transferred to St. Josephs Birkenhead in the September of 1991. Both were great schools and this is in no way meant at all as any criticism of how either school was run.

I found myself taken away from the people I’d known and grown up with in Upton and put in an unfamiliar school I didn’t know my way round. To make things worse I no longer had my best friend to talk to and with it being the last year of primary school, the other kids had known each other for the last six years. I was the outsider.

Trying to make the best of a difficult situation I tried to fit in, but I found coping with the change very stressful, in fact extremely stressful would be a better way of describing it. To give one illustration, I remember collapsing and blacking out waiting in a dinner queue that week. The other kids and teachers did their level best to be welcoming, I can’t fault them on that but I just had a very hard time coping. It all took its toll on my health and after a week I ended up being admitted to Arrowe Park Hospital for days because the impact it had on my asthma.

In Arrowe Park Hospital, hospital school was only in the morning. I remember being puzzled that the school there finished at lunchtime and being told to go back to the ward! The staffing ratio (very different to the mainstream schools I was used to) was such that things were tailored on a very personal level and what the children could cope with because of their poor health. The small numbers of children there helped dispel the feelings I’d had of being lost (both in the feeling sense and literally as I didn’t know my way round) in a large school. In fact the small size of the hospital school (something that’s been given as a reason for closing Lyndale School down) was a positive for many reasons.

Five months later (still unhappy) I was transferred back to my previous primary school.

So why do I bring this up? Taking a young child out of a school and away from a school they’re used to, away from their friends, teachers they know and places they’re familiar with is something that very difficult to fully understand unless it has happened to you.

One of the points brought up by an officer during the consultation was that children have to change schools when they go to secondary school! This is not a fair comparison. The move to secondary school is very different as such a change is known and planned for years in advance. The change to secondary school everyone experiences together at the same time.

My health as a child is nowhere near the level of ill-health experienced by the children at Lyndale School. I’m sure (from an educational perspective) they have a somewhat comparable experience to that that I had at the hospital school, with a very tailored educational experience catering for their individual needs. Yet if one of them was put through what I describe above, whatever well-meaning “measures” are put in place by the “professionals” it would have far more damaging long-term effects than it did on me.

It wouldn’t be the same as what happened to me, it would be an experience far, far worse than a bad time from my childhood I still remember twenty-four years later. Julia Hassall has stated many times that the welfare of the children is important. Based on my personal experience (as outlined above), it was not in my interests for my primary school to be changed at age ten. The reasons given by the person who made the decision were to do with other people’s interests, not my interests and I had been against the change (but when does the world ever listen to a ten-year old?)

This is what will happen though if Lyndale School is closed and the children are transferred elsewhere. The children (the ones affected by this) won’t understand why it’s happening. There won’t be the option to go back as the Lyndale School will have been been closed. It will cause tremendous stress and upheaval that whatever the professionals may say about it being managed and measures being put in place to help with the transition, will have an effect on the children’s health.

Coping with the change will make the ones who have seizures more likely to have seizures. Those with breathing difficulties will have their condition made worse by the stress and as I did will black out (with all the problems that can cause). A certain proportion will react as I did and have such a rapid deterioration in their health that they end up in hospital. It may even shorten the life of some. These are extremely serious considerations.

Perhaps it is difficult for politicians that don’t have a professional background in education or health to fully understand these arguments. I’m sure there are some sceptics that feel that these effect are exaggerated by people keen to prevent the school being closed. They’re not!

History is littered with warnings and those who don’t heed its warnings are doomed to repeat its mistakes. I’m still around decades later, despite what happened to me to try and warn of what might happen.

In Charles Dickens’ A Christmas Carol there is a ghost of Christmas Past, Christmas Present and Christmas Future. In this analogy Wirral Council is seen as Ebenezer Scrooge. The warnings of Christmas Past, Christmas Present and Christmas Yet to Come have been given loud and clear to any councillors listening. It is getting to the stage where Scrooge has to change his ways. In the book Scrooge became a kinder, generous and more compassionate person, will Wirral Council follow the same path on Lyndale School or end up making an unpopular wrong choice for the wrong reasons that could have very serious consequences?

Wirral Council has a legal duty to ensure that all its decisions are compatible with people’s human rights. I brought up the right to education at the last consultation meeting but what about the effect of closing the school on people’s right to life?

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4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

                          

Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013
Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013

Liberal Democrat councillors have gathered four of the six signatures needed to “call in” Councillor Adrian Jones’ decision to agree to a £20,000 lease of office space at Birkenhead Fire Station for the Birkenhead Constituency Committee. Birkenhead Fire Station is leased to Merseyside Fire and Rescue Service for the next thirty years. This is because it was built by a private developer under a private finance initiative scheme. Merseyside Fire and Rescue Service have told Wirral Council that the private developer will need £10,000 a year (over the two years of the lease) if Wirral Council were to lease office space in it. If the lease was agreed it would see Wirral Council being responsible for any costs and utilities of the office space on a pro-rata basis.

The four Lib Dem councillors are worried that “no other options have been considered” and express a view that there is available office space in Council owned buildings nearby. The Lib Dem councillors also ask for the criteria for choosing the location and whether it was just office space required or whether there was a requirement for public access too.

Should the Lib Dem councillors gather the six signatures required for a call in by the call in deadline on the 17th June, the decision will be looked at again by a special meeting of the Coordinating Committee. Since its former Chair Councillor Stuart Whittingham became Cabinet Member for Highways and Transport, this committee is now chaired by recently re elected Councillor Moira McLaughlin. As the Coordinating Committee has a majority of Labour councillors on it, even if the Lib Dem councillors get the necessary support for a call-in, Councillor Adrian “Father Christmas” Jones is likely to have the last “ho, ho, ho” on the matter.

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2 different opinions on what regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 means

2 different opinions on what regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 means

2 different opinions on what regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 means

                           

This is going to be a rather long and detailed piece about whether Wirral Council’s eviction notice for Fernbank Farm was valid (or in other words lawful). It is something that Wirral Council and I have a difference of opinion on. I have numbered these paragraphs for ease of reference in any comments people might wish to make.

1. On the 8th August 2012, Wirral Council started a case in the Birkenhead County Court requested a possession order for the land known as Fernbank Farm at Sandbrook Lane, Moreton. The defendants were two trustees of the Upton Park Pony Owners Association and are called Mrs Kane and a Mrs Woodley.

2. The statement of truth to Wirral Council’s claim and particulars of claim was signed on the 5th August 2013 by Surjit Tour.

3. Attached to Wirral Council’s claim form were particulars of claim and a map detailing the land the matter was in relation to, which was 10.12 acres. The particulars of claim outlined the history between Wirral Council and the defendants. The history was that Wirral Council had entered into a lease of the land with the two defendants on the 29th July 2008. This fixed term lease expired on July 2011 and became a monthly periodic tenancy. Rent was paid by the defendants of £4,200 a year payable by equal monthly instalments.

4. On the 13th July 2012, Wirral Council served a notice on the two tenants. The notice served on each tenant were identical and were both of the form which is form one in Schedule 2 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004. This form is headed “LANDLORD’S NOTICE ENDING A BUSINESS TENANCY WITH PROPOSALS FOR A NEW ONE”.

5. Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 state “The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.” The prescribed purpose for the form that Wirral Council used is stated as “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).” “Act” refers to the Landlord and Tenant Act 1954.

6. According to the notice, if a new tenancy was not agreed between Wirral Council and the defendants before 31st May 2013, then the defendants had the right to apply to the court to order the grant of a new tenancy. If no agreement was reached and no application made then the tenancy would end on the 31st May 2013 (unless Wirral Council agreed to extend the deadline).

7. The form itself which contains the words (attach or insert proposed terms of the new tenancy) was accompanied with Wirral Council’s proposals for a new tenancy. Wirral Council’s offer was to increase the rent to £4,500 and charge £500 for legal fees.

8. Before the deadline of 31st May 2013, Mrs Kane wrote to Wirral Council agreeing different terms to that which were proposed. She agreed to no increase in the rent (£4,200 instead of £4,500) and for a waiver of legal fees for reasons outlined in her letter. Wirral Council did not agree her proposed terms.

9. On the 27th September 2012, Wirral Council’s Cabinet (comprising of ten Labour councillors) discussed an item called “Local Development Framework – Core Strategy – Publication of Proposed Submission Draft”. The minutes reflect the following concern about one of the recommendations expressed by a Councillor Pat Hackett “Councillor Pat Hackett raised concerns that planning policy was being revoked which could have implications on greenbelt land. He asked Officers to take all necessary steps to try to ensure that the greenbelt was not eroded.”

Despite Councillor Pat Hackett’s concerns, the Cabinet agreed the following recommendation (which was recommendation four out of nine agreed): “recommends to the Council that the Interim Planning Policy be revoked, to allow decisions to be determined in accordance with the Unitary Development Plan, the Regional Spatial Strategy (until it is revoked) and the National Planning Policy Framework and to allow sites within the previously restricted areas to contribute towards the ongoing housing land supply;”.

10. A meeting of all of Wirral Council councillors (except three who had sent their apologies) met on the 15th October 2012 to consider the Cabinet’s recommendation. An objection to the Cabinet minute (Local Development Framework for Wirral – Core Strategy – Publication of Proposed Submission Draft) had been received. This objection was proposed by Councillor Stuart Kelly and seconded by Councillor Dave Mitchell. This objection (if passed) would’ve deleted recommendation 4 and replaced it with a new recommendation 4: “(4) Council, therefore, requires that the LDF policies retain the principles and policies currently outlined within the current interim planning policy for new housing development for the purposes of development control and regeneration.”. The matter was not debated and there was a vote on the objection. Twenty-six councillors voted in favour of the objection and thirty-six councillors against (with the Mayor abstaining). The voting was split along party political lines. The twenty-six councillors who voted in favour of the objection were the Liberal Democrat and Conservative councillors (apart from the Mayor who abstained). The thirty-six councillors who voted against the objection were Labour councillors. The objection was therefore lost and in mid-October 2012 Wirral Council’s planning policy changed.

11. Wirral Council’s position, which in July 2012 had been stated in the eviction notice unequivocally as “I am not opposed to granting you a new tenancy” to “I am opposed to granting you a new tenancy”. Mr Dickenson told those at the fast track trial that answered that he had been told not to engage in discussions with the tenants between November 2012 and May 2013.

12. Wirral Council’s change of position was not communicated to the tenants. If the landlord is opposed to the granting of a new tenancy then the regulations require that a different form (form 2) should be used which has very different wording to form 1. Wirral Council could have (in either October or November 2012) sent the tenants a new eviction notice and explained to the tenants that their position had changed. However they did not, leading the tenants to believe that Wirral Council still wanted to renew the tenancy. When questioned Wirral Council maintain that there is no legal mechanism to withdraw their earlier eviction notice.

13. Wirral Council asserted in their particulars of claim that as a result of the eviction notice that the “tenancy had been terminated in accordance with the law and the Claimant is therefore entitled to possession”.

14. There are a number of questions that arise however. If Wirral Council genuinely were not opposed to granting a new tenancy, why was a new tenancy not agreed between Wirral Council and the defendants between July and October of 2012? Does Wirral Council’s later change of heart in October 2012 render the earlier eviction notice of July 2012 invalid as they did not send out another?

15. Various court cases have determined the questions that need to be asked to determine whether eviction notices are valid or invalid. In a decision of the United Kingdom Upper Tribunal (Lands Chamber) [2012] UKUT 20 (LC) paragraph 42 of the judgement of George Bartlett QC, President stated:

Mr Barnes submitted that, save in a few exceptional circumstances, a failure to comply with a procedural requirement in relation to something such as the content of a notice will not invalidate the notice if either (a) the non-compliance is insubstantial so that there has been substantial compliance with the requirement or (b) the non-compliance has been waived or (c) the non-compliance does not result in any significant detriment to the other party. He relied for this submission on R v. Home Secretary, ex p Jeyeanthan [2000] 1 WLR 354. Mr Baatz said that Jeyeanthan did not provide the right test, because it was concerned with a failure to comply with a statutory procedural requirement and not, as here, a failure going to jurisdiction. The correct approach in relation to statutory notices in respect of property was that set out by the Court of Appeal in the later decision of Burman v Mount Cook Land Ltd [2002] 1 EGLR 61. This simply required asking two questions: what does the statute require? and does the notice fulfil those requirements?

16. Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 states “The form with the number shown in column (1) of Schedule 1 to these Regulations is prescribed for use for the purpose shown in the corresponding entry in column (2) of that Schedule.”

Schedule 1 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 states in relation to form one that Wirral Council used that the purpose for which it is to be used is “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).”

17. The date the eviction notice was sent was 13th July 2012. The date the eviction notice stated that the tenancy would end was 31st May 2013. If the serving of the eviction notice ended the tenancy on the 31st May 2013 and its purpose is defined in statute as “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).” surely on the date the eviction notice ends the tenancy (31st May 2013) then the landlord has to not be opposed to the grant of a new tenancy on the date the tenancy ends?

18. If the regulations stated that the purpose of the eviction notice was “Ending a tenancy to which Part 2 of the Act applies, where the landlord was not opposed to the grant of a new tenancy (notice under section 25 of the Act).” then I would agree with Wirral Council’s position that the eviction notice brought the tenancy to an end. However Wirral Council’s position on the 31st May 2012 was that it was opposed to the grant of a new tenancy.

19. Therefore does this render the eviction notice invalid and therefore it did not end the tenancy on the 31st May 2013? If so then the monthly periodic tenancy is still in effect and the tenants are also in lawful occupation of the land.

20. The result of the fast track trial was that Wirral Council has a possession order awarded in February 2014 which will come into effect in February 2015. Therefore this needs to be cleared up before then.

I’d be interested to hear other people’s opinion on this matter. Please point out if I’ve made some error or mistake. The above is just my opinion. As detailed here I did ask Surjit Tour to produce a report on this matter. His position is that when the eviction notice was served, Wirral Council weren’t opposed to granting the tenancy. However Wirral Council’s position later changed (before the date for ending the tenancy stated in the eviction notice). Therefore he views the eviction notice as lawfully ending the tenancy and valid. He therefore does not see this as a matter, that he as Monitoring Officer has a legal duty to write a report on for councillors.

Personally, I think it’s a matter that reasonable people can take a completely opposite viewpoint on. Sadly the wording, meaning and interpretation of the regulations of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 weren’t brought up (apart from the Judge asking Wirral Council to provide a copy of the prescribed form) during the fast track trial.

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Public meetings for Wirral Council, Liverpool City Region Combined Authority & a meeting on Chief Officer’s pay

Public meetings for Wirral Council, Liverpool City Region Combined Authority & a meeting on Chief Officer’s pay

Public meetings for Wirral Council, Liverpool City Region Combined Authority & a meeting on Chief Officer’s pay

                        

Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell
Left to right newly elected Mayor of Wirral Councillor Steve Foulkes and former Mayor of Wirral Councillor Dave Mitchell at the Annual Meeting of Wirral Borough Council on 2nd June 2014

Below is a list of upcoming public meetings & other matters involving local government happening this week. Most are local, but the House of Common’s Communities and Local Government Select Committee on Chief Officer’s pay in local government should be available to watch live on Parliament’s website.

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Date: Monday 9th June 2014
Time: 4.15pm
Public Body/Committee: House of Commons
Venue: The Thatcher Room, Portcullis House
Type of meeting: Communities and Local Government Select Committee

Subject: Operation of the National Planning Policy Framework

Witnesses – Richard Blyth (Royal Town Planning Institute),
David Henry (Royal Institution of Chartered Surveyors),
Councillor Tony Newman (Local Government Association),
Councillor Gillian Brown (District Councils’ Network),
Mike Kiely (President of the Planning Officers Society) and
Councillor Ken Browse, (Chairman, National Association of Local Councils)
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Date: Monday 9th June 2014
Time: 6.15pm
Public Body/Committee: Wirral Council
Venue: Council Chamber, Wallasey Town Hall, Brighton Street, Wallasey, CH44 8ED
Type of meeting: Annual Meeting of the Council Part 2

This continues from the Annual Meeting of the Council part 1 which was adjourned the previous week.
The agenda is items 6-12 and the reports pack and supplementary can be downloaded from Wirral Council’s website.

6. Declarations of Interest
7. Civic Mayor’s Announcements
8. Petitions
9. Minutes (10th March 2014)
10. Election Results – 22 May 2014
11. Leader’s Announcement
12. Matters Requiring Approval by Council
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Date: Wednesday 11th June 2014
Time: 4.15pm
Public Body/Committee: House of Commons
Venue: Room 5, Palace of Westminster
Type of meeting: Communities and Local Government Select Committee

Subject: Local Government Chief Officer’s remuneration

Witnesses – Councillor Colin Lambert (Former Leader, Rochdale Borough Council),
Jim Taylor (Former Chief Executive, Rochdale Borough Council),
Councillor David Hodge (Leader, Surrey County Council),
David McNulty (Chief Executive, Surrey County Council),
Mary Pett (Honorary Secretary of the Association of Local Authority Chief Executives),
Mark Rogers (Solace President and Chief Executive of Birmingham City Council) and
Mike Short, Senior National Officer for Local Government, UNISON

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On Friday 13th June there is the second meeting of the Liverpool City Region Combined Authority. In what must seem like the film Groundhog Day, once again Councillor Phil Davies will face an election if he wishes to continue as Chair.

The agenda and reports for the meeting can be downloaded from Knowsley Borough Council’s website.

Date: Friday 13th June 2014
Time: 11.00am
Public Body/Committee: Liverpool City Region Combined Authority
Venue: Authority Chamber – No. 1 Mann Island, Liverpool, L3 1BP
Type of meeting: Annual Meeting

1. Appointment of Chair and Vice Chair
2. Apologies
3. Declarations of Interest
4. Liverpool City Region Combined Authority Constitution
5. Scrutiny Arrangements pdf icon PDF 342 KB
6. Combined Authority Nominations and Appointments
7. Liverpool City Region Combined Authority Forward Plan
8. Apologies
9. Declarations of Interest
10. Minutes of Combined Authority Meeting on 1 April 2014
11. Liverpool City Region Growth Plan and Local Growth Fund Submission
12. Freight and Logistics in the Liverpool City Region
13. SciTech Daresbury – Alan Turing Institute
14. EU Governance Arrangements 2014-2020
15. Liverpool City Region: Draft Long Term Rail Strategy
16. High Speed 2 Action Plan
17. Rail Devolution Update
18. Youth Unemployment in the Liverpool City Region
19. Liverpool City Region Strategic Local Investment Plan (2014-17) Housing Sites
20. Response to Consultation on Legislation Relating to Combined Authorities and Economic Prosperity Boards
21. Minutes
21a Merseytravel Committee – 10 April 2014
21b Merseytravel Committee – 29 May 2014
21c Merseytravel Committee – 4 June 2014
22. Any Other Item(s) which the Chair Deems to be Urgent

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