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

UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts — Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School which was being reviewed by the Coordinating Committee on 2nd October 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Wirral Council’s Coordinating Committee (which comprises fifteen councillors, two parent governor representatives, a Catholic rep, is required to have an Anglican rep but at this stage I don’t really know why there isn’t one), met on the evening of 2nd October to reconsider the Cabinet decision of 4th September 2014 which made a decision to consult on closure after the “consultation” earlier this year. Neither of the two parent governor representatives (who have speaking and voting rights) nor the Catholic representative (who also has speaking and voting rights) were present.

According to correspondence received hours before the meeting, a senior Wirral Council officer stated they have previously tried to persuade the Church of England to appoint an Anglican representative, but have failed and refers to this as merely an “anomaly”.

Here is the list of the people who made the decision itself and were there on the night, including matters such as whether they are spokesperson, Chair, Vice-Chair and which political party. I have listed people who are on the committee first, it is unclear to me who the Conservative spokesperson was or whether it was Cllr Bruce Berry or Cllr Leah Fraser who was deputising for him:

Labour
Cllr Moira McLaughlin (Chair), Labour
Cllr Paul Doughty (Vice-Chair), Labour
Cllr Janette Williamson, Labour
Cllr Michael Sullivan, Labour
Cllr Denise Roberts, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr Harry Smith, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr James Crabtree, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr Ron Abbey, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams

Conservative
Cllr Wendy Clements, Conservative
Cllr Tom Anderson, Conservative
Cllr Steve Williams, Conservative
Cllr Bruce Berry, Conservative * note deputy for either Cllr Chris Blakeley or Cllr Mike Hornby
Cllr Leah Fraser, Conservative * note deputy for either Cllr Chris Blakeley or Cllr Mike Hornby

Lib Dem
Cllr Phil Gilchrist, Liberal Democrat spokesperson

So to summarise, that is eight people on the committee and seven deputies substituting for people who are on the committee but chose to send a deputy in their place for reasons best known to themselves.

Ultimately the decision taken at the end of a long meeting (there were a series of votes at the end on whether to uphold the decision or refer it back to Cabinet to reconsider based on concerns councillors had) was to uphold the Cabinet decision of the 4th September 2014. This was taken on a majority of 9 votes to 6. Each of the alternative recommendations failed on a vote of 6 to 9. The alternative recommendations which were lost were proposed by by Cllr Phil Gilchrist (Lib Dem spokesperson) and Cllr Steve Williams (Conservative councillor).

Labour councillors (9) voted to uphold the Labour Cabinet decision. The joint votes (6) of the Conservative councillors (5) and Liberal Democrat spokesperson (1) voted against Labour’s recommendation.

Although six councillors were in favour of not implementing the Cabinet decision of 4th September and referring it back to Cabinet with their concerns, they were outvoted by the nine Labour councillors who voted against.

This means the Director of Childrens Services, Julia Hassall can now go ahead to the next stage of closing the Lyndale School which is a short consultation (lasting about a month). Even if Wirral Council were taken to court over this matter, Surjit Tour made it quite clear in a formal letter to me that they would not pause the process and would just carry on doing this, regardless of many outstanding legal concerns. In the interests of transparency at this point, I refer to the exchange of letters between myself (mainly the one of 8th September 2014) and Surjit Tour in this matter about the possibility of legal action through the courts.

He is of course entitled to his opinion on this matter, so am I. He has to work within the policy and budget framework of Wirral Council and is in a politically restricted post, I have to consider other concerns such as financial, legal, political and commercial (it’s complicated basically).

Following this consultation Wirral Council’s Cabinet will make a further decision at some future point on closure of the Lyndale School. As it was such a long meeting and negotiations over potential access to Wirral Council’s wi-fi network for live broadcast of meetings as they happen have stalled, only part of the footage of the five-hour meeting at the time of writing has been uploaded. You can watch video of part of the meeting below.

On a more personal note and this is just my opinion, I would like to point out (briefly) that politics comprises objective and subjective tests that can be applied when determining decisions.

Nobody expects politicians to be experts as they are there to represent the public interest. In certain areas such as law and other areas they have to rely on the internal advice of Wirral Council officers. That is why officers giving advice are in politically restricted posts and can’t really be seen to be taking sides in a party political matter.

Although it would be unlawful to drop Lyndale School’s budget by more than 1.5% under the minimum funding guarantee regulations this year (2014-15) compared to its 2013-14 budget, the government is currently consulting on draft regulations which would remove this current protection under the minimum funding guarantee for SEN places in 2015-16. However there is a current consultation on regulations which cover 2015-16 and the draft regulations put to Parliament may differ from those being consulted on.

In fact you only have to look at how the regulations on filming meetings of Wirral Council changed after the consultation and lobbying by people such as myself to show that that is a distinct possibility.

However how much Lyndale School receive this year for the education of children there and in future years is down to a complicated combination of the Wirral Schools Forum, Cabinet, Council and other factors beyond anybody’s reasonable control. A schools formula is arrived at locally by a combination of the Wirral Schools Forum, Cabinet and Council. This schools formula determines how much each individual school gets each year (and is changed each year).

In essence though, this shouldn’t really be about money. The law allows Wirral Council to close a school, however naturally they have to plan for what happens next to the existing pupils. Some will transfer to secondary school well before the planned closure date of January 2016. This should really be about the children of Lyndale School.

I will recite a little personal history here. My primary school was changed (when I was 10), not because of closure but because my parents had moved three miles away and transport to and from school was taking my mother longer than it was when I only lived a mile away.

Therefore my perception of what happens to a primary aged child when you do this to them, is somewhat clouded by that. Twenty-four years later, I still resent that decision, as I do not feel my interests were properly considered especially considering the fact I would’ve left that primary school within the next twelve months to go to secondary school and that we had moved house many years previous.

I can understand though that it resulted in a reduced carbon footprint as I could walk to the school I was transferred to. It ended up with me being admitted to hospital for a week though and knowing how much that costs makes it a false economy.

The children of Lyndale School are more fragile than I was at aged ten. Wirral Council identify themselves in a Equality Impact Assessment that the disruption will have an effect on the children.

However a letter from their legal department takes the contrary view that any potential risks can be mitigated against. Personally I have no confidence in Wirral Council that the potential risks have been mitigated at this stage, as my feeling is that such detailed planning won’t actually happen until a decision to close (or not close) the Lyndale School has been finally made at some future point. At this stage officers may consider behind the scenes that spending officer time and resources on planning for something that might not happen would not be value for money. However all scenarios should be explored if Wirral Council insists on going down this route.

Considering the high costs already expended by Wirral Council on their plan to close Lyndale School, one wonders if that seemingly large and endless budget allocation had instead been used for keeping the Lyndale School open, whether it would’ve been a better use of public funds. Each time they hold a public meeting it costs thousands of pounds and there have been many of these so far. Such is the price of democracy I suppose which has deliberately made closing a school a long and drawn out process so that a “spanner can be put in the works” to stop it at any one of many stages.

Some people are surprised it has not been stopped before now. However looking at the wider aspects of the way society treats disabled people, prejudice and other matters I am not wholly unsurprised by this course of events.

Below is a playlist from when the meeting started. When the video was shown due to an outstanding unresolved copyright claim regarding one of the two pieces of music used in it by Sony Music Entertainment, the video has sadly had to be edited out of the footage of the meeting. However it can be viewed elsewhere online.

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Isn’t it time Wirral Council got their sums right on Lyndale School?

I’ve rewritten this blog post a few times as it is connected to tonight’s Coordinating Committee meeting about Lyndale School and the earlier Cabinet decision on the 4th September 2014.

The funding formula the government will use for allocating schools funding in 2015-16 hasn’t been decided yet and is now out to consultation.

It seems Wirral Council officers have for nearly a year been predicting what form the regulations will take. If changes are made to the regulations as a result of the current consultation it is also possible that this will change how much funding Wirral Council will receive in 2015-16 for Lyndale School.

Certainly it seems entirely premature at this stage to go through a consultation on closure when there is uncertainty at this point as to the funding regime.

However, where does this leave Lyndale School? Looking through the proposed regulations for school funding in 2015-16 a few things did occur to me.

There is a set amount, a lump sum that each primary school receives irrespective of its size of places or pupil numbers. This six-figure sum will be lost to Wirral Council if Lyndale School closes and would ultimately result in less money being spent on children.

One of Wirral Council’s arguments for closing Lyndale School, is that the £33,470 Lyndale would receive in inclusion funding in 2015-16 would be shared between the other ten special schools who would each receive an extra £3,347 each.

Actually that’s wrong. This is because £33,470 is a full year allocation and if Lyndale was closed, it would be done part way through the year (January 2016 is about three-quarters through the 2015-16 financial year). So Lyndale School would get about £25,102 for inclusion funding in that year, which would leave £8,368. This would then be shared between the ten special schools (if Lyndale closed) who would each receive a further £836.80 each, not £3,347.

This was an error in the Cabinet report to its meeting of 4th September 2014, repeated in Surjit Tour’s letter of 30th September 2014 and repeated in the papers for tonight’s meeting. The effect of which is to exaggerate the financial case for closing Lyndale School. To my recollection the error wasn’t highlighted during the Cabinet meeting on the 4th September 2014. However I’m sure there are possibly many other errors in Wirral Council’s education department’s arithmetic, with regards to Lyndale School funding, which I haven’t spotted yet (who in a twist of irony actually also have a duty to teach children mathematics).

I wonder if anyone will mention it tonight or has scrutiny died a horrible death at Wirral Council?

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5 questions answered about the Lyndale School closure plans

The Wirral Globe has just arrived through my door and in it is a letter from a Keith Crowden of Upton titled “Any Answers?” although in the online version its “Any answers on Lyndale?” .

Keith Crowden of Upton asks:

1) How many pupils go to the school and how many teachers and other staff are there at present?

Wirral Council state that there are now 21 pupils on the roll at Lyndale School (as of yesterday 30th September 2014). However it is noted that a number of these will reach secondary school age next year and will not be directly affected by the proposed closure in January 2016.

Reference: section 8.1 of this letter from Surjit Tour published yesterday.

According to the Lyndale School website there are 19 teaching assistants and 3 teachers at the school. However this information might be out of date. It is possible there are other staff too that are not listed on its website. However only The Lyndale School could answer the actual current number about how many teachers and other staff are now employed on this particular day as this number fluctuates. My own guess is that the total number of staff is somewhere between twenty-two and thirty-five (I am assuming you are referring in your question to paid staff and not volunteers).

2) How many different schools are likely to be used for the transfer of the children if the school is closed and would the attention they receive now be diminished in another environment?

Stanley School and Elleray Park have already been named as alternative schools so at least two, however some parents have said they will not send their children to either of those schools if Lyndale School closes. So the number of different schools if it was closed that the children at Lyndale School would go to is likely to be a number between three and six. In theory it could be as high as twelve, but that’s highly unlikely.

In answer to the second part of your question, if the school was closed and the pupils were transferred to either Elleray Park or Stanley School, then Wirral Council plans to spend less money on a per pupil basis than Lyndale currently receives. Currently Lyndale School receives on average ~£33,000 per pupil, this would drop to between ~£17,000 per a pupil to ~£26,000 per a pupil depending on which one of five new bands that particular former Lyndale School pupil is assessed in based partly on their EHCP (Education, Health and Care Plan).

However if Lyndale School shut and the former Lyndale pupil/s was transferred to an independent special school, the amount received per a pupil would be uncapped. If the former Lyndale School pupil went to a special school outside of Wirral (bear in mind Lyndale School is in Eastham very close to the edge of Wirral so it is a possibility parent/s would choose placements outside of Wirral) the amount would also be uncapped based on the current policy.

This is because Wirral Council’s current policy is to not have a cap on funding for independent special or out of borough special placements, but they intend to introduce a cap for special pupils in schools on the Wirral Borough from next year assuming they get agreement to this from the various decision-making bodies.

This reduction in funding will probably lead both to less staff time available per a child and/or a reduction in other costs that the school has. That is the view of the parents, some councillors, staff and other people replying to the consultation. However Wirral Council takes a different view on this point.

I do not think it is realistic to state that education would remain the same as they receive at Lyndale School although Wirral Council would disagree with me on that point.

3) Would all children find places nearer or further away from home as at present and would transport be provided for them to go and come back from school each day?

The first part of that answer is impossible to answer until a final decision over closure is made and a parental choice is made about alternative schools. However I remember one parent stating that they moved house so that they could be nearer to Lyndale School, therefore in some cases the places would be further away from their home.

SEN Transport can be provided for pupils to go and come back from school, however some parents choose to take their children to school themselves. If your question is would SEN Transport be provided at the new schools as a choice, then the answer if yes if it was requested. However SEN Transport is not compulsory and results in a cost to Wirral Council.

4) What would happen to the present teachers and other staff if the school was closed?

They would lose their jobs, that is to say they would be made redundant as the school had closed. It would then be down to the individual members of staff to apply for jobs elsewhere if they so wished to do so at that stage.

It is to be noted that Wirral Council made an error in the consultation document in relation to what would happen to the staff if the Lyndale School closed.

Despite how the unimplemented Cabinet resolution of 4th September 2014 is phrased, no jobs are guaranteed. Any decision over employing former Lyndale staff elsewhere would be up to that school’s governing body, the usual legal processes such as filling out application forms, criminal record background checks, interviews etc and the former Lyndale staff would be in a competitive process with other applicants for any new jobs created at other schools.

Due to the funding reduction, even if all the former Lyndale School staff applied for jobs at the places where the former Lyndale School pupils had been moved to, the funding reductions would mean that there would be a reduction in posts compared to current staffing levels at Lyndale School.

5) Would the real saving come from the sale of the Lyndale premises and site?

The land and buildings are valued at £2.7 million in February 2013 by Wirral Council. However it could not be sold unless:

(a) it was declared surplus to requirements (a decision that would have to be made by Wirral Council)
(b) a buyer was found
(c) there are other decisions that would have to be made by bodies outside Wirral Council in relation to the land and buildings before a sale could proceed as it is a school. It is unknown whether such bodies would agree to it or not. For example multiple approvals would be needed from the government in relation to the land and buildings before any changes such as a sale or change of use were made.
(d) in order to change its use planning permission would be required (a decision that would have to be made by Wirral Council)

It is to be noted at this stage that the Land Registry entry for Lyndale School refers to a conveyance agreement (if memory serves correct 1952) between Cheshire County Council, a limited company and an individual. I note that prior to the creation of Wirral Council in 1974, this piece of land was in the Cheshire County Council area. Although Cheshire County Council was abolished in 2009, in 2009 its functions were transferred to Cheshire West and Chester and Cheshire East.

I do not currently have access to a copy of this document, which is lodged with Land Registry, Birkenhead. Due to public service cutbacks I have to wait for an appointment with Land Registry in order to view and request a copy of it although either Chester West and Chester or Cheshire East should have a copy when the Cheshire County Council records were transferred.

I have given as full an answer as I can to the above questions, considering that some of the detail is either not known to me, would take too long to collate or would result in me having to make enquiries of others.

There will be a public meeting of Wirral Council’s Coordinating Committee on 2nd October 2014 starting at 6.00pm in Committee Room 1 at Wallasey Town Hall to discuss the recent Cabinet decision and decide what to do next.

At the moment implementation of the decision has been put on hold pending the outcome of that meeting.

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Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

Merseyside Fire and Rescue crew 2nd September 2014

A key meeting of the Merseyside Fire and Rescue Authority will decide on Thursday 2nd October 2014 whether to consult on the closure of Upton and West Kirby fire stations (on the Wirral). Fire officers are asking councillors (which includes four Wirral Council councillors) to agree on consultation on the closure plans.

If politicians agree to a consultation it will run from the 3rd October 2014 for twelve weeks.

One of the more controversial aspects to this closure plan is it involves building a new fire station on Frankby Road, Greasby on a piece of land now owned by Wirral Council (used for a library, children’s centre (there is a current consultation on closure of these run by Wirral Council), community centre and other uses.

Negotiations between Wirral Council and Merseyside Fire and Rescue Authority have been ongoing for some time. If the consultation went to plan and the other two fire stations closed, the site on which the library, community centre and children’s centre would be cleared. In its place a new fire station, library and community space would be built. Indicative floor plans might be available by the date of the meeting on Thursday.

Agreement in principle to a lease from Wirral Council to Merseyside Fire and Rescue Authority has been given by Wirral Council officers, but no action will take place until the consultation has taken place.

After the consultation, a further report will come back to the Merseyside Fire and Rescue Authority in order for a decision to happen. However closing two fire stations will lead to an increase in response times. There will however be a saving in salaries (of about £900,000 a year) by having one fire station instead of two.

Building a new fire station at Greasby will cost about ~3.45 million, however this could be offset by selling the land that Upton and West Kirby fire stations are now on. Mersey Fire and Rescue Authority is hoping to get a DCLG grant of £1.5 million towards the cost of building the new fire station and will hear back from DCLG on that towards the end of the year.

Any difference will be met from reserves built up in part by a underspend in last year’s budget. The capital costs of the project (appendix H) are being kept secret for commercial reasons (whether this is the Fire Authority itself, DCLG and/or a third-party is a little unclear).

The report and nine out of its ten appendices can be found on the Fire Authority website.

Wirral Council now have four representatives on Merseyside Fire and Rescue Authority. These are Labour (3) Cllr Denise Roberts, Cllr Jean Stapleton and Cllr Steve Niblock and Conservative (1) Cllr Lesley Rennie.

Currently the makeup of the committee that will make a decision on Thursday in Bootle comprises up of 16 Labour councillors, 1 Lib Dem councillor and 1 Conservative councillor.

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Expense claim forms for Councillor Pat Williams 2013 to 2014

Councillor Pat Williams is a Liberal Democrat councillor for Oxton ward and is Deputy Leader of the Liberal Democrat Group. Her expenses claims are for attendance at meetings of Council, the Corporate Parenting Group, the Licensing Act 2003 Subcommittee, the Attainment Subcommittee, the Wirral Awards Working Party, the Oxton Conservation Society, the Licensing Panel, the Youth Parliament, the Licensing, Health and Safety and General Purposes Committee, the Birkenhead Constituency Committee, the Community First Funding Panel (part of the Birkenhead Constituency Committee), meetings with officers, an Employment and Appointments Committee appointments panel, training, the Improvement Board and various briefings.

She is the last in the series of councillors expenses forms for 2013-14. I did also ask for the underlying information supporting these expenses claims such as petrol receipts, parking receipts, tunnel toll receipts, taxi receipts, train tickets, hotel expenses et cetera. Although I made this request as part of the audit back in August I’m still waiting! However for the twenty or so councillors one petrol receipt was provided!

In some cases I have not been given information for the correct financial year. It is certainly something I need to follow-up with officers, who blame it on Wirral Council’s HR department supplying incorrect information or not supplying it when requested!