EXCLUSIVE: Million pound contract between Wirral Council and Enterprise Solutions (NW) Ltd for ISUS scheme was never signed

A blog post about the unsigned contract between Wirral Council and Enterprise Solutions (NW) Ltd for the ISUS (Intensive Startup Support) Scheme

Million pound contract between Wirral Council and Enterprise Solutions (NW) Ltd for ISUS scheme was never signed

                             

ISUS Contract Enterprise Solutions (NW Ltd) Page 1
ISUS Contract Enterprise Solutions (NW Ltd) Page 2
ISUS Contract Enterprise Solutions (NW Ltd) Page 3
ISUS Contract Enterprise Solutions (NW Ltd) Page 4
ISUS Contract Enterprise Solutions (NW Ltd) Page 5
ISUS Contract Enterprise Solutions (NW Ltd) Page 6
ISUS Contract Enterprise Solutions (NW Ltd) Page 7
ISUS Contract Enterprise Solutions (NW Ltd) Page 8
ISUS Contract Enterprise Solutions (NW Ltd) Page 9
ISUS Contract Enterprise Solutions (NW Ltd) Page 10
ISUS Contract Enterprise Solutions (NW Ltd) Page 11
ISUS Contract Enterprise Solutions (NW Ltd) Page 12
ISUS Contract Enterprise Solutions (NW Ltd) Page 13

In my previous post on a Freedom of Information Act request I made to Wirral Council I stated that it would be one of a series of blog posts on interrelated topics, this is the second on audit rights.

Each year (this year it was from 15th July to the 9th August as you can read from this notice published on Wirral Council’s website), anybody can inspect the accounts for Wirral Council for the previous financial year and any books, deeds, contracts, bills, vouchers and receipts. This is a right the public have enshrined in legislation. If this person is also someone who can vote in the Wirral area they also have a right to make objections to the auditor (which in Wirral Council’s case is Grant Thornton UK LLP (previously it was the Audit Commission)).

One of the areas I was interested in is to do with Nigel Hobro’s question to Cllr Phil Davies at the last Council meeting and the Grant Thornton report into the Business Investment Grants program. The end of Cllr Phil Davies’ answer to Mr. Hobro was “Errm however if it turns out that err others have been affected similarly since the report came to us I’m happy to ensure they’re properly investigated and indeed if there are any further evidence of wrongdoing or the irregularities of accountancy methods brought to my attention, then errm I am errm willing and indeed I make a commitment to refer those to others.”

On the 17th July I requested the following (using the above audit rights) “I’d also be interested to see and have a copy of any contract Wirral Council has with Enterprise Solutions (NW) Ltd” and on Tuesday afternoon (20th August) I was invited along to receive it (I’ve since scanned in and links to all of it are at the start of this blog post). It is for the ISUS (Intensive Startup Scheme) side of the business grants program and covers “awareness and development workshops”, monitoring the businesses that receive grants for three years after they receive grants at at least ten points over that three years and for “provision of specialist post start and aftercare adviser support”. Basically all pretty important things for Wirral Council to prove value for money for the taxpayer for these grants.

The contract states just under a million pounds of taxpayer’s money is involved and as a lot of records would rest with Enterprise Solutions (NW) Ltd requires them to supply information to do with the project including invoices, certificates, vouchers, books and records if required as well as keeping copies of documentation (and make them available for inspection) for seven years after the grants are awarded.

Section seventeen of the contract allows Wirral Council to vary the amount of grant payable, suspend payment of grant, withhold payment of grant or require Enterprise Solutions (NW) Ltd to repay some or all of the grant if the terms and conditions are breached at any time before three years after Wirral Council has last paid them the grant. It also requires Enterprise Solutions (NW) Ltd to if required to pay back money to Wirral Council to do so within fourteen days, otherwise interest at 3% above the base lending rate of NATWEST Bank plc will be charged.

However the most interesting bit of the contract is page ten. It’s not signed by Wirral Council or Enterprise Solutions (NW) Ltd. However invoices from Enterprise Solutions (NW) Ltd were paid and according to this Freedom of Information Act request Wirral Council also used Enterprise Solutions (NW) Ltd to produce business plans for organisations wanting to take over Council assets as part of the Community Asset Transfer program (in the request’s case New Brighton Community Centre).

In that FOI request the Council admits “there was no contract with Enterprise Solutions (NW) Ltd” and the fact that the one drafted between Wirral Council and Enterprise Solutions (NW) Ltd for the ISUS project (which according to the copy I’ve been given wasn’t signed by either party) how can Wirral Council prove it got value for money both to the public (and its auditor)?

Isn’t actually getting a signed contract in place, before you make any payments the kind of basic good governance that Wirral residents should expect from Wirral Council?

Is Cllr Davies’ commitment if he knows of “further wrongdoing” or “irregularities of accountancy methods” to “refer these to others” going to help matters? Referring the whistleblower’s concerns to Grant Thornton and Merseyside Police allowed Wirral Council to draw a veil over the matter and claim exemptions to legitimate questions asked by the public through Freedom of Information Act requests. Councillor Phil Davies is the Cabinet Member for Finance, he’s the elected politician at Wirral Council with democratic accountability to the public for financial matters. I clearly remember Cllr Davies saying last year that when he became leader that there would be more openness and transparency, not less.

Unless politicians (of all political persuasions) are willing to persistently ask difficult questions of senior officers at Wirral Council and put them on the spot during public meetings, instead preferring to be seen to be doing something by requesting reports (there’s the recent example of the case of the Grant Thornton report into the BIG scheme which was never published in full) I fear that all the talk about improved corporate governance and glowing peer reviews at Wirral Council won’t be believed by the public.

Planning Committee (Wirral Council) 22nd August 2013 Planning Applications affecting Bidston and St. James ward

A report on recent planning applications decided affecting Bidston and St. James ward and upcoming decisions on planning applications by Wirral Council’s Planning Committee affecting Bidston and St. James ward | 330B St Anne Street | Verosa, 122 Eleanor Road | Rosemead Residential Home 49-51 School Lane | Keepmoat | Cosy Cats Cattery Limited, 2 Lymm Road

cat Firstly a brief update on planning applications decided by Wirral Council officers affecting Bidston & St. James ward from 1st July 2013 to 11th August 2013.

The first is an application type I haven’t seen before called “Planning Pre-Application Enquiry”. Rather confusingly the decision is down as “pre-application reply” (and as it’s not classed as a planning application searching on Wirral Council’s website doesn’t bring up a decision either), but I presume if the applicant gets a positive response indicating that a planning application would be accepted then they’ll then go on to submit a planning application.

Application No.: PRE/13/00078/ENQ Application Type: Planning Pre-Application Enquiry
Decision Level: Delegated
Ward: Bidston and St James
Decision Date: 16/07/2013 Decision: Pre-Application Reply
Case Officer: Mrs S Day
Applicant: Mr Carl Haskalyne Agent:
Location: 330B ST ANNE STREET, BIRKENHEAD, CH41 4FQ
Proposal: Change of use from vacant offices to 2 flats (self contained)

The second (approved) is for a conservatory in Eleanor Road. As usual you can click on the planning application number for further details on Wirral Council’s website.

Application No.: APP/13/00510 Application Type: Full Planning Permission
Decision Level: Delegated
Ward: Bidston and St James
Decision Date: 16/07/2013 Decision: Approve
Case Officer: Mr S Williamson
Applicant: Mr R Connolly Agent: Mr Colin Medlicott
Location: Verosa, 122 ELEANOR ROAD, BIDSTON, CH43 7QS
Proposal: Conservatory to the side of the building

The third (also approved) is to change Rosemead Residential Home in School Lane back to its former use as residential properties. Again for further details you can click on the planning application number.

Application No.: APP/13/00772 Application Type: Full Planning Permission
Decision Level: Delegated
Ward: Bidston and St James
Decision Date: 02/08/2013 Decision: Approve
Case Officer: Mr N Williams
Applicant: Agent:
Location: Rosemead Residential Home, 49-51 SCHOOL LANE, BIDSTON, CH43 7RE
Proposal: Change of use from closed nursing home back to two residential semi-detached dwellings (without internal or external building works)

Unusually there are three planning applications affecting Bidston and St. James ward to be decided by the Planning Committee on Thursday (assuming that the Planning Committee doesn’t decide to go on site visits to them).

The first is Keepmoat’s plan to build 125 houses in the Milner Street/Carrington Street/Rundle Street/Laird Street area. A 20mph zone and traffic calming scheme is included as one of the conditions. Merseyside Police’s architectural liaison officer has concerns that the open nature of the scheme may increase opportunities for crime and makes some recommendations.

The area of this planning application has had houses partly demolished for some time. As tenants living in the area have been moved out and owner occupiers subject to compulsory purchase orders, it’s part of the reason why many of the nearby Laird Street have closed down. I notice also there’s a recommendation for a s.106 agreement with the developer for a very small area of public open space, although with Birkenhead Park, a play area and a games court nearby that’s why it’s smaller than the size of open space you’d expect for 125 houses. A condition (probably as a result of the police’s concerns about crime) also requires security lighting for the open space and the “proposed link to existing footpath”. Hopefully it’ll get approved (as is recommended by officers) and houses will replace the current eyesore of a site that is currently mud and half demolished houses.

The other two planning applications to be decided by the Planning Committee affecting Bidston and St. James ward are related and are both submitted by the alliteratively named Cosy Cats Cattery Limited. They are planning application APP/13/00688 for a cattery comprising of an outbuilding of fifteen small units to house a maximum of twenty cats and an isolation unit and planning application ADV/13/00689 which is for advertisement consent for a fascia sign and hanging sign (for the cattery which is planning application APP/13/00689).

Such minor planning applications would normally be decided by planning officers rather than the Planning Committee, but Cllr Jim Crabtree has removed the application from delegation following one objection to each planning application by the resident of number 2 Eleanor Road.

On the planning application for the signs, the resident objects on the basis of illumination of the signs and confusion as to where the signs will be located. However the report states the signs won’t be illuminated. The report also details where (if approved) the signs will be, one hanging from a post 1.8m high and one on the fence adjacent to the driveway facing east towards the cul-de-sac.

However the main objections from the resident of number two Eleanor Road are in relation to the proposed cattery (eleven separate objections are listed in the report). The report written by planning officers is of the opinion that the objections raised aren’t enough to refuse the application (the officers also dispute the factual accuracy of some of the objections). It’s therefore recommended it for approval, subject to conditions limiting the number of cats to twenty and the hours of operation to between 8 am and 9 pm.

Merseytravel: Scrutiny Committee 3rd June 2013 “Fares Review” Cllr Steve Foulkes “where you can go on a bus and you hear people say, “What’s the cheapest deal today?” you know and that shouldn’t be the case”

A report about Merseytravel’s Scrutiny Committee meeting of the 3rd June 2013: Fares Review Cllr Steve Foulkes “where you can go on a bus and you hear people say, “What’s the cheapest deal today?” you know and that shouldn’t be the case”

Merseytravel: Scrutiny Committee 3rd June 2013 “Fares Review” Cllr Steve Foulkes “where you can go on a bus and you hear people say, “What’s the cheapest deal today?” you know and that shouldn’t be the case”

Unfortunately Standing Order 61 of Merseytravel’s rules in a section marked “Confidentiality” states “No record of the proceedings (or part of the proceedings) of a meeting may be taken to enable persons not present to see or hear any such proceedings without express permission” so sadly there won’t be any accompanying photos or video footage to this report. Perhaps Merseytravel didn’t get the letter from Bob O’Neill about this issue.

Attending the meeting were the Chair, Cllr Malcolm Sharp (Labour, Knowsley), Cllr Steve Foulkes (Labour, Wirral), Cllr Liam Robinson (ex-officio, Labour, Liverpool), Cllr Anthony Carr (Labour, Sefton), Cllr Joanne Calvert (Labour, Liverpool), Cllr Hayley Todd (Labour, Liverpool), Cllr John Dodd (Merseytravel Alliance Signals Good Governance (which is what the Lib Dem/Conservative coalition calls itself on Merseytravel although Cllr John Dodd is a Liberal Democrat), Sefton as well as various Merseytravel officers.

The Chair started by welcoming their new Chief Executive, David Brown to the meeting. David Brown replaces their former Chief Executive Neil Scales after a brief stint by their current Deputy Chief Executive Frank Rogers as Interim Chief Executive. Mr. Brown gets a salary of £149,000. As he [David Brown] was attending his first meeting, the Chair (of the Scrutiny Committee surely who’s very raison d’être would be to scrutinise Merseytravel officers’ decisions?) said that Mr. Brown, the new Chief Executive was there purely as an “observer” and not to ask him “any questions” or “put him on the spot”.

The meeting started with the Chair asking for any apologies for absence. Apologies were given for Cllr Pauline Walton (Labour, Liverpool). The Chair asked for any declarations of interest. Nobody gave any. He then asked if the minutes of the meeting held on the 27th April 2013 were agreed as a true record of the last meeting? They were agreed.

An officer referred to by the Chair as Liz introduced item 4 Fares Review which also had an enclosure. She referred to a decision at an earlier Scrutiny Committee meeting on their priorities for the coming year and that the first workshop had been held in May. Liz said it had been well attended by councillors, not just those on the Scrutiny Committee and the workshop had brought up two potential topics to be considered. After it had been discussed with the Chair [of the Scrutiny Committee] the first two items for scrutiny had been decided as a Fares Review and an Operator Interface Review. These would report back in September, the appendix detailed the aims of the Fares Review and the expert witnesses. She said that at 9b (of the report) it asked for councillors to be nominated to be involved in the Fares Review, instead of deciding now this would be done after the Annual Meeting of Merseytravel on the 27th June. The Chair asked for any comments.

Mr Worry from the Mr. Men
Mr. Worry (Mr. Men) from mrmen.wikia.com/wiki/Mr._Worry

Cllr Steve Foulkes said, “Thanks Chair, I have no problem with the Terms of Reference, particularly whilst it talks about excluding us from the work that’s been going on around young people because I know that’s underway. There’s been a great deal of work on that. It would be very helpful to Scrutiny Committee for that report when that’s ready to come back to us as well as part of our overall look at fares and I think it’s an issue really that if we are in tune with the public, I think it’s something the public want us to do and I think a well documented and well thought out piece of work on scrutiny would not only be used within this organisation but be used further afield to make people recognise indeed some of the discrepancies that there are.

Certainly for the public it’s a very confusing picture outside, out there now for fares and that. I think about my own sort of various grievances I have, where you can go on a bus and you hear people say, “What’s the cheapest deal today?” you know and that shouldn’t be the case. If you’ve got an offer or there’s something that can save people money, it should be known automatically before people plan their journey. So I think we can be part of the bigger picture, I think it’s about going to areas to work on that are something that look, hopefully encourage Scrutiny [Committee] to do more pieces of work and I was thinking it’s a healthy start to our Executive/Scrutiny split so that’s what I wanted to say and thank you.”

Wirral Council writes off £11 million of bad debt by using £millions of financial reserves

How Wirral Council wrote off £11 million of bad debts by using £millions of financial reserves

Wirral Council writes off £11 million of bad debt by using £millions of financial reserves

Reading these two articles, Wirral Council social services in £27m ‘toxic debt’ shock (Wirral Globe) and Wirral council failed to collect £10m of debts (Daily Post) you may be a little confused about what the true financial situation is at Wirral Council.

I’ll deal first with the Wirral Globe article, the figure of £27 million for DASS (Department of Adult Social Services debt) seems to be incorrect. According to page 2 of the independent report and this table here, the figure for outstanding DASS debt was £24.7 million (not £27 million) on New Years Eve 2012 (the figure as of last month is £11.8 million).

This explains why the figures quoted in the article (14.8 million and “more than £10m” (which is £10.9 million) don’t add up to £27 million, but £25.7 million. There is also a discrepancy of a million pounds between this figure and the £24.7 million in the independent report as the figures for collectable debt (£14.8 million) and debt to be written off (£10.9 million) don’t add up to the figure given in the report (£24.7 million) but £25.7 million.

The independent report itself dated 15th March 2013 (ten days after the 2013/2014 Budget was agreed) states “The recent review concluded that only £14.8 million is collectable and recommended writing off £10.9 million of debt of which £4.8 million is already provided for in the financial accounts.” This reads to me that the 2013/14 Budget had a provision for writing off £4.8 million of debt which needs to be increased to £10.9 million (an increase of £6.1 million which would need to be found either from reserves and/or cuts to services).

However this report going to the same Cabinet meeting written by the Interim Director of Finance Peter Timmins states at 9.4 “There is a Bad Debt provision of £4.8m, against estimated bad debts of £10.9m. The further write-off of £6.1m was built into the 2013-14 budget, as part of the exceptional items that featured in the 2013-14 budget process.”

Now, seemingly they can’t both be right as they’re saying different things. How would a £10.9 million bad debt provision (which appeared in a report dated ten days after the Budget for 2013/2014 was agreed) be “built into the 2013-14 budget)? Of course it is possible that Wirral Council received earlier drafts of the report prior to March 5th hence why the report is entitled “Final report”.

So what figure was used for bad debt when this year’s budget was agreed?

This report to Budget Council entitled “Budget 2013/16 – Chief Officer Financial Statement” states at 7.3 in table 3 “Review of outstanding debts – potential write-off” “To be funded from reserves per the Revenue Monitoring report to Cabinet 24 January”.

This report, which was later revised does give a figure (both reports give the same figure) of £6.55 million of “unachieved income” in the Department of Adult Social Services. The report recommends using the £7.941 million in the “Debt Restructuring Fund” reserve to cover the shortfall in income. At the same meeting the Chief Executive estimates the bad debts to be £10 million, that their current provision for bad debts is £4 million, with the impact on the 2013/14 Budget as being £6 million. Interestingly he also states “Mr Sullivan had indicated that he would complete the investigation by mid February and his report would be available initially to the Cabinet and publicly shortly afterwards”. Mr. Sullivan’s final report is dated mid March and as to “his report would be available … publicly shortly afterwards”, a whole two months have passed between the date on his report and its publication in mid-May.

Council (Wirral Council) Budget Meeting 5th March 2013

Council (Wirral Council) Budget meeting of the 5th March 2013

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The full Council meeting to decide the 2013/14 Budget was nothing if not predictable and the papers and reports for this meeting are here.

Two large petitions were submitted during the meeting, one was against closure of the Youth Centres, another of over 14,000 against closure of the Day Centres.

The Conservative Budget amendment was debated first and proposed saving the day centres and setting a 0% Council Tax rise which would’ve been achieved through savings (reducing amounts awarded to those taking redundancy, 5 days unpaid leave, “leaning Council bureaucracy” and reducing support to councillors.

Not unsurprisingly (despite Lib Dem support) the Conservative budget was defeated by Labour councillors.

The Lib Dem Budget went further and proposed saving a whole raft of services the day centres, youth centres, grants to voluntary groups, school crossing patrols, Birkenhead kennels and ruling out a charge for collection of garden waste. It also proposed keeping the Area Forums and reducing councillors to sixty. This would’ve been achieved through savings in agency workers, reductions in councillors allowances and senior management pay, capping the redundancy payouts, less glossy brochures, reduced audit fees and some other minor savings. This Budget also would’ve led to a 0% increase in Council Tax. The Lib Dem Budget was also rejected.

So the Budget that passed was the unamended Labour Cabinet’s budget recommendation of the 18th February 2013, this Budget will lead to an overall increase in 2% in Council Tax (any higher would trigger a referendum) and includes closure of one of the day centres, cancelling the Tranmere Rovers sponsorship, getting rid of Area Forums, a cut of £1.5 million to the budget for Childrens Centres/Surestart, a cut of £1 million to the Street cleaning budget, a cut of nearly £1 million to the Home Insulation scheme and various other cuts to Council services. For the full details of Labour’s budget you can read the papers on Wirral Council’s website.