Openness of Local Government Bodies Regulations 2014 prevents councillors stopping filming at public meetings

Openness of Local Government Bodies Regulations 2014 prevents councillors stopping filming at public meetings

Openness of Local Government Bodies Regulations 2014 prevents councillors stopping filming at public meetings

                               

Today marks a change in the filming of public meetings of Wirral Council. Today is when the Openness of Local Government Bodies Regulations 2014 comes into effect. This new law (which only applies to England) prevents local councils stopping filming of their public meetings (which obviously is welcomed by myself and others up and down the country).

It doesn’t however just apply to local councils, but also to the Merseyside Fire and Rescue Authority, meetings of the Liverpool City Region Combined Authority (which includes Merseytravel) and joint committees such as the Merseyside Police and Crime Panel. The Liverpool City Region Combined Authority and Merseyside Police and Crime Panel have in the recent past refused requests from myself to film their public meetings (you can read here about the refusal by four councillors on the Merseyside Police and Crime Panel which happened back in April). The new law also applies to meetings of parish councils, although there aren’t any of these in Wirral there are in the rest of Merseyside.

However Wirral Council it seems is still clinging to the past. Here is a statement they gave to BBC Radio Merseyside which was read out this morning on the Tony Snell show:

“We are considering the practical implications of the legislation. Wirral Council’s meetings are regularly filmed by members of the public and journalists and residents live tweet and write blogs about proceedings. However we also need to consider the feelings of members of the public, who might be involved in proceedings and who may or may not wish to be filmed. We’re always keen to look at new ways of opening the democratic process to residents.”

The most recent example of Wirral Council stopping filming at a public meeting was exactly two months ago today at a Licensing 2003 subcommittee meeting to decide on an application for an alcohol licence for a shop in Moreton.

As to blogs, well it was about a month ago that Wirral Council made a threat of a libel lawsuit (which was withdrawn five minutes later) against this blog with regards to a comment somebody else had written.

August however is a quiet time for public meetings at Wirral Council. There is a public meeting of the Wallasey Constituency Committee Working Group tonight at 6pm in Committee Room 2 to discuss how they’ll spend £38,875 on improving road safety, £38,875 on promoting active travel and health and whether to spend £1,000 on marketing (leaflets about the Wallasey Constituency Committee and the Have Your Say meetings).

Tomorrow at 6pm (also at Wallasey Town Hall) is a meeting of the Coordinating Committee to discuss two call ins. The first call in is about a recent Cabinet decision over less generous concessions for current and former Armed Forces personnel at Wirral’s leisure centres and the second is about a recent Cabinet decision to remove funding for the Forest Schools program. However before a decision is reached on both matters the meeting will be adjourned. The one about Forest Schools will be adjourned until 6pm on Thursday 18th September and the one about leisure centres will be adjourned to Tuesday 23rd September at 6pm. The rest of the month of August (apart from a Licensing Act 2003 subcommittee meeting on the 27th August at 10am) there is only one other public meeting which is a Planning Committee meeting on Thursday 21st August at 6pm.

My next blog post today will be illustrating why filming is necessary to show that what politicians say at public meetings of Wirral Council and what Wirral Council states in their press releases isn’t always true

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Incredible: 1 of many responses to the Lyndale School consultation that Wirral Council refuse to release

Incredible: 1 of many responses to the Lyndale School consultation that Wirral Council refuse to release

Incredible: 1 of many responses to the Lyndale School consultation that Wirral Council refuse to release

                      

Labour councillors at a public meeting of Wirral Council's Coordinating Committee voting to consult on closing Lyndale School (27th February 2014)
Labour councillors at a public meeting of Wirral Council’s Coordinating Committee voting to consult on closing Lyndale School (27th February 2014)

Rather predictably, Wirral Council turned down my Freedom of Information Act request for the responses to the consultation on the closure of Lyndale School yesterday, on the basis that they would be publishing them as part of the Cabinet papers for the special meeting on the 4th September. Rather worryingly they stated in their response “Wirral Council can confirm that the requested information will be made available and published during September 2014”, however a legal requirement requires them to publish such reports at least “five clear days” before the meeting meaning the latest the responses should be published is the 27th August.

Applying the “public interest test” to this Freedom of Information Act request, they go on to state “the Council believes that all the information/responses for the consultation require collating and then they are published as a complete article. The Council does not want to release partial information at this time and
then have to amend its response.”

They’ve also not answered my question about how many responses there were to the consultation. I previously published, on the 14th July the Parents’ Response to Wirral Council Consultation Document on the Closure of The Lyndale School which in print form (at least on my computer anyway) runs to fifty-three pages.

Although councillors were sent it before the debate on Lyndale School at the last full Council meeting on the 14th July, I remember during that meeting, the Mayor Cllr Foulkes stating that he’d only received it on the Saturday before the meeting (which was on Monday evening) so how could he be expected to have time to read it before the meeting (or words to that effect)? Similar reasons were also given by councillors last week on the Audit and Risk Management Committee over the amount of time to read a late 526 page supplementary agenda.

So, despite the fact that Wirral Council don’t seem to want the consultation responses to be published until around a week before the special Cabinet meeting (perhaps because all the responses will be hundreds of pages) here is a another consultation response from a married couple of a child at Stanley School. If Lyndale School closes, Stanley School is one of the two schools that Wirral Council have suggested that Lyndale children will be transferred to. I’ve blacked out the names and contact details of the parents who wrote this response.

LYNDALE CONSULTATION
Personal observations and thoughts from Parents with a child at Stanley School who has Severe Learning Disabilities, Autism and who is non-verbal.

Mrs XXXXXX attended the Consultation Meeting held at Stanley School on 3rd June and visited Lyndale School on 10th June, spending a morning meeting children and staff.

Firstly, the consultation document has no explanation of PMLD other than that it means Profound and Multiple Learning Difficulties (or is it Disabilities!) There is also nothing about the children currently at Lyndale (apart from the number of pupils) and their complex health and medical needs which are especially relevant to this consultation. This document has not made it easy for people and parents of especially Stanley school where there are currently no children with PMLD to be consulted properly when there is no meaningful information about the children that go to Lyndale in it. It is far too general and the information too money focused with nothing about the very complex needs of the children. The term CLD is also only defined as Complex Learning Difficulties (also disabilities) and no explanation or example given again.

We are against the proposal to close Lyndale School for the following reasons:

  • Lyndale school caters so well for the children who go to that school. Why jeopardise that? The children have very specific educational, care, health and developmental needs which we do not feel can be met at any other Wirral school. All avenues should be thoroughly explored to keep Lyndale School open. It is a vital part of the community it serves and it enriches the lives of the children that go there. Their families feel safe in the knowledge that their children are safe, happy and well looked after by the staff and health professionals at the school. This also aids their educational learning.
  • Large schools are not necessarily better schools. The advantage of a smaller school especially for children with PMLD is that their needs can be met in more manageable and stimulating surroundings and class sizes can be much smaller and better personalised.
  • Stanley school as it is currently staffed and equipped is not suitable for the children who go to Lyndale. It will need substantial investment to improve its suitability if it hopes to give children from Lyndale the same quality of life they currently have.

We can only comment on Stanley and not Elleray Park.

  • The children who attend Stanley school as well as having Complex Learning Disabilities, in many cases also have additional needs stemming from autism, communication difficulties and behavioural issues. They do not have the same physical frailties as most of the Lyndale children and many will not understand the potential dangers of physical interactions.
  • The practicalities of putting together 90+ very physically active children with predominantly physically frail and vulnerable children is a real worry for us and other parents/carers from both schools. There is a very real possibility of harm being caused inadvertently.
  • Bringing the Lyndale children to Stanley school will bring massive disruption to all of the children from both schools. It also raises serious safeguarding issues when physically frail children are in close proximity to robust physically active children with unpredictable behaviour patterns.
  • Stanley school has one full time nurse. Additional specialised staff would be needed (at significant cost) to provide medical support for the Lyndale children’s medical and health needs. Also specialised training in lots of areas including tube feeding and use of oxygen would be essential.
  • Outdoor environment. There is a lack of suitable outdoor play space at Stanley even for the current children who attend. For a new build this is unacceptable and should not have been allowed to happen. There are no green spaces nor the sensory garden which was promised. The upper school playground is the
    area in which the school transport drops off and picks up and was painted by the council with road markings. This has caused a vast amount of confusion and problems for a lot of children who are directed to play there when parents/carers spend so much time and effort trying to teach road safety. It will be even more unsuitable and totally uninspiring for children whose current school has a vast
    amount of greenery, quiet areas, a wonderful sensory garden and practical outside spaces.
  • Indoor environment. The new Stanley school has been set up to be predominantly low arousal and this conflicts with the stimulating environment at Lyndale.
  • There is not currently the capacity at Stanley to cope with the relocation of Lyndale children and provide spaces for children coming through the new Education Health and Care Plan (statementing) process due to begin September 2014.
  • Parents/carers chose a school for their child based on circumstances at the time of statementing. If Lyndale is closed then the council will be shifting the goal posts for many of the pupils in other Special Schools as well. This may lead to parents/carers of children in the other schools exploring alternative provision for their own children’s education as the whole ethos and set up of that school will change.
  • The ideal time to bring Stanley and Lyndale together would have been when Stanley was rebuilt. The new Stanley school could have been designed to cater for all the children and would have brought the 2 schools together in one space under one roof in a totally planned and coordinated way having regards for the needs of both sets of children. This possibility of closing Lyndale and transferring the children to other schools just seems totally haphazard.
  • Yes Stanley can be changed, but at what cost to Lyndale and Stanley children’s current and future education and lives? For us as a family it is not a case of not wanting Lyndale children, rather it is more that it shouldn’t have come to this situation, forcing a decision by this consultation.
  • Closing Lyndale will severely reduce the flexibility and capacity of Special Educational Needs primary school places in the borough. This is a very piecemeal and frankly idiotic way of planning SEN provision in Wirral.
  • SEN provision in the borough needs to be considered as a whole and not on a school by school basis as seems to be happening at the moment. Closing one school will have a massive effect on the sector because of the relatively small size of that sector. Once a school is closed there is no going back for anyone! This is a very risky strategy.
  • Special schools are not the same as mainstream where they can fairly easily absorb pupils from other schools if one is closed. There are many more wider issues to consider around SEN and disability. Transition, well being, funding, resources and integration are more complex.
  • The Council should be looking at the whole picture. Look at what there is now and plan for the long term future. There is a real need to come up with a sensible plan and not do it school by school.
  • The Wirral Councillors making these important and ultimately life changing decisions for many children and their families have absolutely no understanding (unless they have a disabled child or relative themselves) of the demanding and challenging issues those children and families face day to day. That is why it was so important to visit Lyndale, see the children, the school, meet with the staff and gain a valuable insight into the educational lives of these children and what it means to their families.
  • Each day can be a massive struggle for parents/carers and their disabled children and it is the staff and health professionals at our special schools who provide much needed and essential support to these children and families. Our Special schools of Lyndale and Stanley are very different from mainstream schools in the way that they operate a very flexible open door policy and the staff are very much like an extended family you can call on for advice and support when you need it. They are more than educational establishments, they are family and treasured for what they bring to our children. The depth of feeling on this special relationship should not be under estimated. If Lyndale is closed that
    relationship will be ripped apart from those children and families. How can you replace that?
  • Our children are all individuals with their own specific needs and personalities and their parents/carers know their child best. They are the ones that should be listened to and taken notice of in all areas affecting their children, especially about their education, happiness, health, safety and security. Every child is different and you cannot generalise their needs. What may be ok for one child
    could be horrendous for another and people don’t always think about that. They are all children who deserve the best we can give them to enable them to flourish and have a happy life.
  • It was an absolute privilege to visit Lyndale School and it would benefit no one to
    close it. It would cause intolerable stress and anxiety to children, families and
    staff who are uncertain about their jobs. How can taking away a major part of
    their daily lives and support system be beneficial?

Mr & Mrs XXXXXX

If you have a response to the Lyndale School consultation you’d like published on this blog please email it to me at john.brace@gmail.com.

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The politics of jealousy: why Wirral’s 66 politicians need to be careful what they say about disability

The politics of jealousy: why Wirral’s 66 politicians need to be careful what they say about disability

Liverpool Carnival 12th July 2014

Liverpool Carnival Parade 2014: A number of wheelchair users taking part in the parade

The politics of jealousy: why Wirral’s 66 politicians need to be careful what they say about disability

                         

Above is a photo of a carnival you will probably never get to see in a newspaper as it shows two disabled people in wheelchairs participating in the parade. So why am I showing you this and what relevance does it have?

For years, Wirral Council has got itself into trouble on disability issues. I’ll briefly recap, Martin Morton and the way Adult Social Services treated disabled adults, the proposed closure of Moreton Day Centre and now the proposed closure of Lyndale School.

The thread running through all of those is an extremely dangerous one to tell society. It’s one of withdrawing services for those with a disability or in the case of Martin Morton’s whistleblowing shamefully taking advantage of adults with disabilities as some of them due to the nature of their disability can’t stand up to organisations like Wirral Council without outside help.

So what sort of message does this give out? It’s one of jealousy of the vital services people require because of their disability. It’s one that fuels an increase in disability hate crime (much of which goes unreported). It’s one (that in the case of Lyndale School) thousands signed a petition against it going any further.

Disabled people are a part of society. I was brought up in the 80s and we were taught to be accepting and tolerant. When I was a teenager I went to school with a lad who had epilepsy, he used to routinely have fits and the school called an ambulance due to him knocking himself out. We didn’t treat him any differently though because of his epilepsy! We treated him as a friend.

In adult life I sat on a university committee of staff and students (I was there to represent the views of ~17,000 students). In what to some will seem an extremely ironic twist, the law library wasn’t accessible to wheelchair users as it was on the first floor. Despite our pleas, despite this being unlawful, the Chair of the committee was told that the university wanted to spend the small amount of money for adapting the building on other things. Disabled students weren’t a priority you see, not to senior management who came from a bygone age when people with disabilities didn’t go to university.

However, politicians have to be extremely careful when dealing with sensitive issues involving minorities. There’s a sensational over reporting of benefit fraud cases in the media. Officially more is lost to administrative errors than benefit fraud and the rates of benefit fraud are extremely low. Due to the press coverage this isn’t what some of the public think. Telling the public such boring facts sadly doesn’t tie in with the political line of some irresponsible tabloid sensational journalism.

So going back to Lyndale School. My views on it are well known and on public record. I don’t have any personal connection to the place other than having known its Chair of Governors Tom Harney for many years. The problem for Wirral Council is this though, it has a very chequered history involving disability issues that the public know about through the press. Such issues weren’t caused by one or two people being prejudiced but a culture at Wirral Council that allowed this to operate.

Now I know there are plenty of politicians at Wirral Council that know what happened in the past was wrong and despite what some people may think about politicians I know that many have a highly developed sense of right and wrong and know in their hearts when they’re asked to vote for something they don’t believe in. Yes, I’m being reasonable to politicians for a change.*

*A rare occasion I know.

The change has to start with them though, the rhetoric has got to change, the demonising of the disabled and minorities in society that they know can’t speak back has got to stop. For that they’ve got to look into their hearts. They’ve got to realise the damage their actions, that their words are doing to society at large, they’ve got to have some understanding of the consequences.

The people involved in the Lyndale School campaign are wonderful, pleasant people. Just because I wrote about what was happening I got sent a thank you card! I’ve never received a thank you card for a story I’ve written on this blog before (or since).

No, don’t be silly I’m never expecting a thank you card for writing about politicians but I’m trying to get across that the people involved with Lyndale School are very different to the political class. Unlike how certain politicians are being portrayed I don’t think many of the people involved in Lyndale School have even one ruthless bone in their entire body.

Yet this has been a struggle for them, they have families to care for and children with very complex and life limiting conditions. Many of them should be rewarded, applauded for the unsung work they do every day, unthanked by some politicians who now propose pulling the rug out from under their feet. The work of unpaid carers doing hard work in difficult circumstances saves the taxpayer billions each year.

The issues involving disability, culture, prejudice and stereotyping are extremely complex. They won’t be solved overnight. The law has changed, such legal battles have been won but society itself needs to catch up. My plea to politicians is to show leadership, to realise the sensitivities of these issues and to realise there are times when the politically right thing is to show compassion, humility and be flexible enough to have an open mind on such issues. The days of prejudice and stereotyping by politicians should be confined to the history books as they no longer have a part to play in 21st century society.

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How did 62 Wirral Council councillors vote on Lyndale School?

How did 62 Wirral Council councillors vote on Lyndale School?

How did 62 Wirral Council councillors vote on Lyndale School?

                                      

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This continues from yesterday’s Councillors ask Labour to keep Lyndale School open; Labour defers decision on Lyndale to September Cabinet meeting.

Councillor Jeff Green said that the children attending Lyndale School had complex and profound medical conditions with a significant number being life limiting. In his opinion they had a moral obligation to meet the wishes of the parents to continue their child’s education at Lyndale. He said that the direct schools grant was ring-fenced for education so no savings would be made by closing Lyndale.

He continued by referring to the over ten thousand people that had signed a petition against closure. If Lyndale closed, the children would transfer to other schools which catered for children with very different needs. Cllr Green referred to the review of primary places and the reasons given by officers for closing Kingsway Primary School in Seacombe. The Conservative councillors had voted to keep it open and it had thrived since receiving an outstanding OFSTED inspection. He asked the [Labour] administration to have a change of heart and keep the school open as it was a facility doing an “outstanding job”.

The Mayor (Cllr Steve Foulkes) said it had been remiss of his not to congratulate Cllr Pat Cleary on his maiden speech. He asked Cllr Hayes to give his right to reply.

Cllr Hayes also took the opportunity to congratulate Cllr Cleary on his maiden speech and referred to what Cllr Cleary had said earlier about a previous consultation where the Leader of the Council had expedited a proposal based on an early evaluation of consultation responses. He asked why is it they have to wait till 4th September when the consultation ended on the 25th June? In debating the notice of motion Council was taking a view and making a recommendation which it had done many times on different issues.

He referred to the consultation process and the glowing terms and how it was held out as an example of good practice by both Cllr Phil Davies and Cllr Tony Smith. However questions put by parents to Wirral Council had been answered on the final day of the consultation, so where was the “equality of arms”. He said it was time to end the “misery and pain” and time that the Cabinet made a resolution that Lyndale was to remain open.

A card vote was called for. The first vote was on Labour’s amendment (to defer any decision on the future of Lyndale School to a special meeting of Cabinet in September).

Cllr Ron Abbey (Labour) FOR
Cllr Tom Anderson (Conservative) AGAINST
Cllr Bruce Berry (Conservative) AGAINST
Cllr Chris Blakeley (Conservative) AGAINST
Cllr Eddie Boult (Conservative) AGAINST
Cllr Alan Brighouse (Liberal Democrat) AGAINST
Cllr Philip Brightmore (Labour) FOR
Cllr Chris Carubia (Liberal Democrat) AGAINST
Cllr Pat Cleary (Green) AGAINST
Cllr Jim Crabtree (Labour) FOR
Cllr Matt Daniel (Labour) FOR
Cllr George Davies (Labour) FOR
Cllr Phil Davies (Labour) FOR
Cllr Bill Davies (Labour) FOR
Cllr Paul Doughty (Labour) FOR
Cllr David Elderton (Conservative) AGAINST
Cllr Gerry Ellis (Conservative) AGAINST
Cllr Steve Foulkes (Labour) ABSTAIN
Cllr Phil Gilchrist (Liberal Democrat) AGAINST
Cllr Jeff Green (Conservative) AGAINST
Cllr Robert Gregson (Labour) FOR
Cllr Pat Hackett (Labour) FOR
Cllr Paul Hayes (Conservative) AGAINST
Cllr Andrew Hodson (Conservative) AGAINST
Cllr Kathy Hodson (Conservative) AGAINST
Cllr Mike Hornby (Conservative) AGAINST
Cllr Treena Johnson (Labour) FOR
Cllr Adrian Jones (Labour) FOR
Cllr Chris Jones (Labour) FOR
Cllr Stuart Kelly (Liberal Democrat) AGAINST
Cllr Anita Leech (Labour) FOR
Cllr Ann McLachlan (Labour) FOR
Cllr Moira McLaughlin (Labour) FOR
Cllr Dave Mitchell (Liberal Democrat) AGAINST
Cllr Bernie Mooney (Labour) FOR
Cllr Christina Muspratt (Labour) FOR
Cllr Steve Niblock (Labour) FOR
Cllr Tony Norbury (Labour) FOR
Cllr Matthew Patrick (Labour) FOR
Cllr Denise Realey (Labour) FOR
Cllr Louise Reecejones (Labour) FOR
Cllr Lesley Rennie (Conservative) AGAINST
Cllr Les Rowlands (Conservative) AGAINST
Cllr John Salter (Labour) FOR
Cllr Harry Smith (Labour) FOR
Cllr Tony Smith (Labour) FOR
Cllr Tracey Smith (Conservative) AGAINST
Cllr Walter Smith (Labour) FOR
Cllr Chris Spriggs (Labour) FOR
Cllr Jean Stapleton (Labour) FOR
Cllr Mike Sullivan (Labour) FOR
Cllr Adam Sykes (Conservative) AGAINST
Cllr Joe Walsh (Labour) FOR
Cllr Geoffrey Watt (Conservative) AGAINST
Cllr Stuart Whittingham (Labour) FOR
Cllr Irene Williams (Labour) FOR
Cllr Jerry Williams (Labour) FOR
Cllr Pat Williams (Liberal Democrat) AGAINST
Cllr Steve Williams (Conservative) AGAINST
Cllr Janette Williamson (Labour) FOR

The vote was announced as 35 in favour, 26 against with one abstention. There was then a card vote on the motion (as amended by Labour’s amendment).

So the decision made was to defer a decision on Lyndale School to a special meeting of the Cabinet on September 4th.

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Councillors ask Labour to keep Lyndale School open; Labour defers decision on Lyndale to September Cabinet meeting

Councillors ask Labour to keep Lyndale School open; Labour defers decision on Lyndale to September Cabinet meeting

Councillors ask Labour to keep Lyndale School open; Labour defers decision on Lyndale to September Cabinet meeting

                            

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On Monday evening the issue of the future of Lyndale School was debated by Wirral Council councillor for about forty-five minutes. I’m going to try and sum up what was said and decided in a short blog post so inevitably I will be leaving some things out.

The notice of motion by the Conservatives and Labour’s amendment to it is already covered here. The response from the Lyndale parents is here, in addition to that there were a further ninety or so responses to the consultation.

Cllr Paul Hayes (proposing the motion to keep the school open) started by referring to the consultation response by Lyndale parents and the passion and “strength of feeling” he’d observed at a recent consultation meeting (which you can listen to in full). He said he hoped all councillors had received a copy of the consultation response.

The Mayor Cllr Steve Foulkes said that some councillors had received it on the day of the meeting and that he didn’t believe they could be expected to read it in full as they hadn’t had time to digest it.

Cllr Paul Hayes continued by referring to an earlier consultation on Kingsway Primary School and the similarities between the two. He was critical of an officer chairing the Lyndale School closure consultation meeting and said that as well as the majority of people feeling that the officer wasn’t neutral, he also described him as “rude and dismissive”. He described the consultation process as “farcical”.

Cllr Stuart Kelly asked whether Labour’s amendment should be ruled out of order as it was negating the original motion. Labour’s motion deleted all paragraphs in the original motion bar one line. He said surely the same effect could be achieved by voting against the motion?

The Mayor (Cllr Steve Foulkes) said he would allow a legal opinion, but it had been a difficult decision on his part to allow the notice of motion on Lyndale School to be debated. From his point of view he felt that Cllr Stuart Kelly “didn’t have a leg to stand on” with regards to the [Labour] amendment being ruled out of order.

Surjit Tour said that the notice of motion referred it to the Cabinet as the final decision rested with te Cabinet. The amendment also did exactly the same in referring it to a special meeting in September. Therefore in his view the amendment was lawful.

The Mayor said that points of order was not the way he wanted to open the debate and asked the mover of the amendment to speak.

Cllr Phil Davies said that it had been agreed some time ago that they need to have a special Cabinet meeting and that there had been a very detailed consultation exercise, the results of which they had not yet seen. In his view the consultation responses were a “hugely important piece of evidence” which the Cabinet needed to consider before taking a view. To take the clear view expressed in the Conservative notice of motion before the special Cabinet meeting was “premature” as they would be making the decision now in advance of the special meeting. He was also very concerned that if the notice of motion was agreed then they would fall foul of predetermination. He thought it was a shame that Cllr Hayes had said that officers were not neutral.

He continued by referring to his time as Cabinet Member and again referred to the claim that officers were not neutral. Cllr Davies said that the amendment asked that they take no action on the motion tonight but refer it. Again he said that he was worried if they agreed the motion it would have predetermined the outcome before the Cabinet had considered the evidence, but there was no question that Lyndale School provided a “unique and caring environment”. He had visited the school but it was essential he had an open mind and considered all the evidence. He worried that if they made a decision tonight then they would be completely ignoring important evidence that they had not yet seen.

Cllr Andrew Hodson referred to his daughter who had learning difficulties, despite being in her 30s she had a mental age of nine. He considered himself lucky that she had her full health, but that the children at Lyndale had complicated health needs. Although his daughter lived in an establishment she still had her independence in fact [Cllr] George [Davies] had been at the opening.

He referred to the Corporate Plan about protecting vulnerable people and how Lyndale School was an essential service that met people’s complex needs. The staff at Lyndale were geared up to making sure that while receiving an education the children were safe and well cared for. He was perplexed by the decision as the Council would not benefit financially from the closure of Lyndale School so why do it? He finished by making a plea to keep the school open.

Cllr Phil Gilchrist said that the Childrens and Young People Department had told him they had received ninety response and that he had had time to read the documents. He knew that members of the Council had been concerned about the future especially [former] Councillor Tom Harney. He referred to the document received at the weekend and referred to the reference in it to a working party.

Cllr Gilchrist referred to the space that children using wheelchairs need, children with epilepsy, those require oxygen and those who required time consuming feeding. He had attended two of the consultation meetings and concurred with Cllr Paul Hayes’ description. He referred again to the parents’ response to the consultation quoting from it and that it may be September by the time the issue was resolved. He said that the high needs budget for 2013/14 was £31.7 million.

After being given extra time, he referred to the strain on families, the SEN Improvement Test and said that if they wished, councillors on the Cabinet could choose not to vote on this notice of motion (and amendment). The notice of motion was about Council’s view.

Councillor Dave Mitchell said that the way the process worked was that councillors who stood were indicating that they wished to speak in the debate and that if no Labour councillors stood up then councillors who wished to speak should still be allowed to address the Council. Cllr Chris Blakeley said he had no objections.

The Mayor (Cllr Steve Foulkes) said that if that was an early test, that he would decide what goes on, who was asked and which councillor would make a contribution.

Councillor Dave Mitchell said that he’d pick up on the point made by Cllr Paul Hayes at the start. He too had been surprised at the way the presentation had been presented by officers to the parents and that the parents knew what was required and that the parents were the ones who should be listened to. Cllr Mitchell recommended that councillors read every page of the parent’s response to the consultation and absorb every part as it “rips to shreds” the proposal [to close the school] and deals with the real issue which was the children.

Cllr Mitchell continued by saying that it had nothing to do with the schools formula funding as it was all there set by the government and had never been taken away. This was not the case with education funding and the way the funding was divvied out was decided by Cabinet. One of the problems that concerned him with the consultation itself was the way parents had asked questions to officers and had no responses till the last day of the consultation.

Cllr Pat Williams objected to the Mayor refusing to let her speak. She said she was being deprived of her democratic right and that she’d been elected by the people of Oxton to speak.

The Mayor [Cllr Steve Foulkes] changed his mind and agreed to let her speak after all.

Cllr Pat Williams said that during the consultation period it was made abundantly clear that the appropriate place was to let the children remain at Lyndale School. She referred to the petition against closure of nearly 11,000 signatures which demonstrated how much Lyndale School was valued as a unique asset. She like other councillors referred to the parents response to the consultation and wanted the profound and complex needs of the children fairly reflected in the funding.

She had visited the school and was always most impressed by the caring an dedication of the staff and when she was Mayor had had the pleasure of formally opening the sensory garden. The consultation had ended and it was overwhelming apparent that Lyndale School should stay. She asked councillors to take note and resolve that Lyndale was to remain open.

Councillor Pat Cleary (the new Green Party councillor) said that he wanted to make a brief point. He said that Lyndale School doesn’t have to be closed and he appreciated the sincere feelings. He was disappointed as he didn’t understand the Labour councillors not engaging.

One issue he wanted to raise was that 18 months ago there had been a letter from the Leader of the Council during the What Really Matters consultation about whether local elections should only be held once every four years. It had been said that the reason the proposal was being brought forward was that early analysis of the consultation results had shown 91% supporting this change. In that instance a recommendation had been brought forward before the consultation was finished, he wanted to know why the current situation was any different?

Cllr Tony Smith said that he agreed that the uncertainty about Lyndale School must be resolved and had been an ongoing concern for a number of years. The consultation had been undertaken, but reducing numbers of children on the school roll, changes in funding arrangements and questions about the future viability of the school were the reasons behind the consultation. He stressed that the consultation was not about the quality of the education.

He continued by saying that any decision about future provision would be informed by individual needs and make sure people’s requirements were fully met. The government required the [SEN Improvement] test to be undertaken to show that the proposal was as good as or better than the children’s current provision. He said that they would make sure they had an up to date understanding of each child’s needs.

They had undertaken a consultation and there was oversight from the [Wirral] Schools Forum. The original decision had been called in and it was made clear then at the outset that the process should be open and transparent over the twelve week consultation.

Prior to the consultation starting, there had been a meeting with parent governors of Lyndale and throughout the consultation six public meetings. Eighty-five people from the community had turned up to these, with some attending more than one. Wirral Council had commissioned an independent person to consider each of the published options and any new options and consider the application of the government’s [SEN Improvement] test. All councillors had also been invited on an escorted bus tour which included Lyndale School. Twenty-two councillors had taken part in these visits on the 16th/17th June. He made the assurance that all information relevant to the consultation would be made publicly available prior to the Cabinet meeting to inform the decision making when the Cabinet would be taking all factors into account such as the needs and welfare of each individual child.

Cllr Jeff Green (seconder to the Conservative motion) reminded people that when Cllr Tony Smith spoke that closure is a preferred option. He reminded people why it was called in and referred to the speeches of Cllrs Hayes, Gilchrist, Mitchell and others (as well as congratulating Cllr Cleary on his maiden speech). He said a maiden speech was normally held in silence but the response from Labour councillors was because he’d beaten them in an election.

Cllr Green said that Lyndale was unique and incredibly special and that that needed to be safeguarded.

Continues at How did 62 Wirral Council councillors vote on Lyndale School?.

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