FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

                                                           

Wirral Council Environmental Streetscene Services Contract page 122 Schedule 2 - Nominees to the Partnering Agreements

Yesterday, Wirral Council responded to a Freedom of Information Act request I made last month for minutes of the meetings of the Partnering Board (which comprises of Wirral Council and Biffa Waste Services Limited) for the last year.

The minutes of the Partnering Board meetings of the 10th March 2015, 18th December 2014, 21st October 2014 and 14th July 2014 contain some interesting information.

Below are extracts from the minutes that hopefully will be of wider public/political interest starting with the meeting held on the 14th July 2014. I have submitted an internal review request to Wirral Council for the minutes without the names of Wirral Council employees redacted. RE stands for Roger Edwards, FPN stands for fixed penalty notices, MS stands for Mark Smith, Cllr BM for Councillor Bernie Mooney and VO stands for variation order.

2. ANNUAL REVIEW
….
Noted garden waste has now exceeded last year’s figure and hope to get to 40,000 properties. RE queried about incentives for signing up however XX noted we have to be very careful as the £5 reduction online has raised objections by some residents and opposition members and that XX is exploring alternative cost effective payment mechanisms. However, XX advised we can market to people who signed up last year who have not signed up this year and there are around 3,000 who have not re-signed.

Street Cleansing
….
The Entry Investigation Team has been introduced and 28 FPNs have been issued as a result of this.

7. AOB

Possible Industrial Action Update
RE updated that Biffa offered pay settlement to the workforce of 1.8% in line with RPI – the request from the workforce was 6%. RE advised the workforce have decided to ballot for industrial action before any decision made. RE is working hard to resolve this situation. The industrial action is planned for Fri 18 July.

There are parts of the minutes of the meeting held on the 21st October 2014 that will be of wider interest too:

Managing Down Demand – Missed Collections

XX have been looking at all the missed bin calls we had in for 2010-14 and the breakdown of unjustified (which was about half) to give an idea of the proportion of calls coming in. The 3 main reasons for unjustified bins are: bin not out, entry work and access issues. Disputes occur where resident is told the PDA said bin not out and they disagree. XX wants to look at the dispute figures and drill down i.e. is it the resident at fault, is it the crew not using the PDA properly etc. When a resident does not agree with PDA data this causes a lot of work in the back office. There could be an education issue here reminding residents that 7am is the time rounds start and the crews can come to roads at different times each week.

If we do some re-training around contamination to show the importance of the PDA and show the impact of not using the PDA correctly that should be beneficial. RE noted if we do not have confidence in the PDA data then everything else becomes difficult.”


Alleyway Dumping

XX advised had over 600 referrals for the Waste Investigate Unit (WIU) and issued 168 FPNs to mainly the Seacombe/Birkenhead areas. XX noted we need to do some work around where issuing the FPNs. 5 court cases regarding litter have gone well with the offenders being fined and this information is on the Council website. XX hoping to do full leaflet drop to relevant properties to say what we are doing and what success we have had. Currently drafting up a second leaflet to get out before Christmas to all terraced properties to highlight the good work we have been doing.

XX noted some new anti-social behaviour laws which are coming out and she is looking if we can go down this route with landlords. XX going to be looking at the licensing scheme and if we can make that work for us by adding in further conditions (Selective Licensing scheme). MS noted when speak to Senior Members of the Council enforcement is now an issue they are behind it. Noted 260 good neighbourhood packs have gone out to a variety of areas.”

From the meeting held on the 18th December 2014:

Alleyway Dumping

XX advised the Waste Investigation Unit are doing a fantastic job. XX noted an incident where a disgruntled member of the public, because of his threatening behavior, was issued with an ASBO. Main issue is the Courts are only letting us take 5 cases a week. Legal services need to approach the courts to get more time to hear more cases. XX plans to do another leaflet drop after Christmas to highlight to the public the financial costs of failing to manage their waste responsibly, or through ignoring fixed penalty charges. XX next steps are to meet the selective licensing team. Birkenhead and Seacombe have been identified as a selective licensing areas which means we can prescribe to landlords what they must do re bins and as Birkenhead and Seacombe are where the most is, it is hoped this will have a significant impact over time.”

Transparency Code

The code is about being more transparent about what we publish for the public to see and waste collection is one of the things requiring more details including publishing a version of the contract. XX are going to look at refreshing the contract, redacting certain bits and then send to Biffa to consider. Agreed a good idea would be a half day session with both parties to look at updating and modernizing the contract.”

Finally from the meeting held on the 10th March 2015.

Action Log

50 Street Cleansing Transitional Money

MS advised there is £116,000 available. XX is currently working on a briefing note recommending how that money could be used. MS has the authority to spend this money however he would get endorsement from Cllr BM first.

64 Benchmarking Data

XX advised some of the information required is deemed as commercially sensitive and there is a strong reluctance to share this information at the moment. MS felt we do need to be getting to a stage where we have the mechanism in place to demonstrate value for money from this contract. XX also safeguard the financial position of Biffa. XX to send through further details to XX & SC showing exactly what it is we are looking for.

67. Contract under the Transparency Code

XX has started this piece of work. By the end of April we have to publish the contract on Council website. XX noted his intention to incorporate the VOs and XX send to Biffa to redact the finance. XX commented that there are inaccuracies in the contract in relation to execution on the ground but nothing of serious concern. MS noted as we are signing off a significant VO if there are any anomalies we need to resolve them before we publish.

CONTRACT PERFORMANCE OVERVIEW

SC queried whether there had been any thought about the garden waste service passing to Biffa? MS advised if Biffa want to put an offer to the Council formally they were welcome to.

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Labour councillors on Wirral Council’s Cabinet agree to consultation on master plan for Birkenhead

Labour councillors on Wirral Council’s Cabinet agree to consultation on master plan for Birkenhead

Labour councillors on Wirral Council’s Cabinet agree to consultation on master plan for Birkenhead

                                                       

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You can watch what happened at the Cabinet meeting on the 12th March 2015 above.

Wirral Council Cabinet meeting at Birkenhead Town Hall Thursday 12th March 2015 Left to right Surjit Tour, Cllr Phil Davies and Joe Blott
Wirral Council Cabinet meeting at Birkenhead Town Hall Thursday 12th March 2015 Left to right Surjit Tour, Cllr Phil Davies and Joe Blott

Wirral Council’s Cabinet met at a different venue to usual (Birkenhead Town Hall). At the start, Councillor Phil Davies wanted to show people the trophy that Wirral Council had received for being “Most Improved Council”. You can see a photo of when they received the award on the Local Government Chronicle website, but below is a photo of Cllr Phil Davies showing people the award at the Cabinet meeting.

Councillor Phil Davies shows off the Local Government Chronicle award Wirral Council received for being most improved council 12th March 2015
Councillor Phil Davies shows off the Local Government Chronicle award Wirral Council received for being most improved council 12th March 2015

Moving to what was on the agenda, Cabinet recommended the draft pay policy statement to the next Council meeting, the revenue financial monitoring report for month ten was hardly commented on, however various councillors commented on various capital projects.

Kevin Adderley talks to the Property Development Framework report at Cabinet on the 12th March 2015
Kevin Adderley talks to the Property Development Framework report at Cabinet on the 12th March 2015

Kevin Adderley talked to the Property Development Framework report after which the Cabinet agreed the recommendations in the report.

Kevin Adderley talking to the Enterprise Zone report at Cabinet on the 12th March 2015
Kevin Adderley talking to the Enterprise Zone report at Cabinet on the 12th March 2015

Mr Adderley then talked to the Enterprise Zone report and again Cabinet agreed the recommendations.

Cabinet agreed a slight increase in the amounts paid to residential and nursing homes and the arrangements for the delivery and commissioning of social care.

Cllr Tony Smith tells Cabinet what the outcome of the consultation on Pensby High School was 12th March 2015
Cllr Tony Smith tells Cabinet what the outcome of the consultation on Pensby High School was 12th March 2015

Councillor Tony Smith told Cabinet what the results were of the consultation to merge Pensby High School for Boys with Pensby High School for Girls. Cabinet agreed to move to the next stage of publishing notices.

The draft admission arrangements for primary schools and secondary schools were also agreed.

Cllr Pat Hackett talks at a Cabinet meeting about the master plan for Birkenhead Town Centre
Cllr Pat Hackett talks at a Cabinet meeting about the master plan for Birkenhead Town Centre

Councillor Pat Hackett spoke to the report recommending a consultation on the masterplan for Birkenhead Town Centre. He referred to an “improved market” and the stage one lockout agreement that the Council had entered into with Neptune Developments Limited. The detail of the proposals were covered in an earlier blog post. Cabinet agreed that Neptune Development Limited were to consult with the public (as well as staff who work at Europa Pools) on the masterplan.

Kevin Adderley pointed out that the Mars Pension Fund had recently advertised the Grange and Pyramids shopping centre in Birkenhead as being for sale. The recommendation to have a consultation was agreed by Cabinet.

A slight increase from April in fees charged to scrap metal dealers was agreed. Cllr George Davies spoke on the report reporting the consultation on licensing of private landlords in four areas on the Wirral. Cabinet agreed to refer the proposals to the Council meeting on the 16th March 2015.

The nominations from Cabinet for Civic Mayor and Deputy Mayor for 2015/16 were as follows:

Civic Mayor: Cllr Les Rowlands
Deputy Mayor: Cllr Pat Hackett

Cabinet then excluded the press and public from the rest of the meeting.

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8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016

8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016

8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016

                                                 

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Yesterday (17th December 2014) Wirral Council’s Cabinet decided to close Lyndale School in Eastham on 31st August 2016. You can watch video of how the decision was reached in the above video, the item on Lyndale School starts at 50 seconds into the meeting. Two of the Cabinet (Cllr Stuart Whittingham and Cllr Chris Meaden) were absent at the Cabinet meeting when it was made.

The councillor who proposed closure of the Lyndale School was Cllr Tony Smith (Cabinet Member for Children and Family Services). This was seconded by Cllr Ann McLachlan (Cabinet Member for Governance, Commissioning and Improvement).

The vote was as follows:

In favour of closing the Lyndale School from 31/8/16

Cllr Phil Davies (Labour, Birkenhead & Tranmere)

Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess

Cllr Ann McLachlan (Labour, Bidston & St James) * Note Seconder of motion
Cllr George Davies (Labour, Claughton)
Cllr Tony Smith (Labour, Upton) * Note Proposer of motion

Cabinet 17th December 2014 vote on Lyndale School closure L to R Cllr Tony Smith Cllr George Davies Cllr Ann McLachlan
Cabinet 17th December 2014 vote on Lyndale School closure L to R Cllr Tony Smith Cllr George Davies Cllr Ann McLachlan

Cllr Adrian Jones (Labour, Seacombe)
Cllr Chris Jones (Labour, Seacombe)
Cllr Pat Hackett (Labour, New Brighton)
Cllr Bernie Mooney (Labour, Liscard)

Cabinet 17th December 2014 vote on Lyndale School closure L to R Cllr Bernie Mooney Cllr Pat Hackett Cllr Chris Jones Cllr Adrian Jones
Cabinet 17th December 2014 vote on Lyndale School closure L to R Cllr Bernie Mooney Cllr Pat Hackett Cllr Chris Jones Cllr Adrian Jones

Total 8

Voting Against closing the Lyndale School from 31/8/16

Total 0

Abstentions

Total 0

Therefore with eight votes for, none against and no abstentions, the motion was agreed.

It is possible that at some future point six (or more) councillors will request a call in of this decision. However the Coordinating Committee would decide such a call in and is now short of the two parent governor representatives required to hear a call in on such a matter, you can read this blog post about the questions I asked of Cllr Tony Smith earlier in the week about that.

The Coordinating Committee has 9 Labour councillors, 5 Conservative councillors, 1 Lib Dem, 2 parent governor representatives (although both positions are now vacant) as well as a representative of the Catholic Diocese. It should also have a representative from the Anglican Diocese of Shrewsbury, however the Anglicans have (to my knowledge) not chosen someone yet. That’s a committee of 19 people. However three positions are vacant.

Those associated with the Lyndale School will probably be asking their legal advisers to send a Letter before Claim in this format to Wirral Council’s Cabinet and Wirral Council’s legal department in the near future. Once Wirral Council has received such a letter, they usually have 14 days to respond to such a letter. If the response is not to the proposed Claimant/s’s satisfaction it is highly likely that a case will be filed promptly with the Administrative Court (part of the Royal Courts of Justice) requesting permission for judicial review of the decision to close the school.

If decision on permission for judicial review was granted by a High Court Judge, then it would proceed to a hearing. A decision on permission (if the case was filed in January 2015) would be expected within around three months. If permission is given, a decision on this matter by the court would be expected to be decided within a year (that is if the case if filed in January 2015 by around January 2016 or possibly sooner but certainly before 31st August 2016).

Two newspapers that cover the Wirral area have also written pieces about this decision which you may be interested in reading:

Heartbreak for parents as Wirral Council’s cabinet vote unanimously to close Lyndale (Wirral Globe) by Emma Rigby

Wirral council under fire after rubber-stamping decision to shut Lyndale special school (Liverpool Echo) by Liam Murphy

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Is Lyndale School under threat just so Wirral Council can provide a further £2 million to a company that already has plenty?

Is Lyndale School under threat just so Wirral Council can provide a further £2 million to a company that already has plenty?

Is Lyndale School under threat just so Wirral Council can provide a further £2 million to a company that already has plenty?

                                             

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 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Last Thursday morning I visited Lyndale School in Eastham. This was my first visit, although regular readers of this blog will know that I have written extensively on the topic and filmed many public meetings of Wirral Council on the many stages involving its potential closure in January 2016.

Regular readers of this blog will also know that despite promises made in February 2014 by senior officers at a call in that matters would be dealt with in a completely “open and transparent” way, that the recent 13 page letter received from Surjit Tour turned down a request for a meeting between myself and Wirral Council on this matter.

Thankfully the Lyndale School appears to be behaving in a far more “open and transparent” way than Wirral Council is!

I wanted to start this piece by describing my impressions of the school as some of my observations about a visit to Lyndale School raise further unanswered questions.

On the same plot of land as the Lyndale School is also Eastham Youth Centre. Clearly the current consultation is about the Lyndale School, however I know relatively little about this Youth Centre. Is this Youth Centre open, closed, working or threatened with closure itself? I don’t really know the answer to that question and would appreciate somebody better informed, or more closely connected to Eastham than I to leave a comment.

Moving to the Lyndale School itself, it looks from the outside like many other primary schools do on the Wirral. Unlike when I went to school in the 1980/1990s where there literally was an “open door” policy at primary schools, these days (as is common with all other schools on the Wirral now) you need to press a buzzer on an intercom system to be let in.

There is then a reception area on the right, which at the time of my visit had many stuffed toy animals on the counter. To the left is a visitors book for visitors to sign and visitors badges on which the names of visitors can be written. On the wall is also a photo of each member of staff who works there and their job title.

My personal view on the latter point, is that organisations that do such a thing, tend to be more open and transparent than those who try to hide behind a bewildering, faceless and largely unaccountable bureaucracy.

As we had both been walking up from Eastham Rake train station, someone we both knew, who lives in Eastham had been passing in their car and had kindly offered us both a lift to the Lyndale School. So we both arrived earlier than I expected, which gave me a chance to see people coming and going for a while and how things were going. Despite the pressures the Lyndale School is going through, staff were professional and the “open door” policy referred to at the call in I saw in action as one of the parents arrived while we were waiting. If a decision is made to close the Lyndale School, this is one of the matters that the parents of the children at Lyndale School have expressed concern about as they cannot see this in operation at the other schools suggested.

There is obviously a lot of trust that exists between the parents of children at Lyndale School and the staff there. Certainly there is (despite the stress the School is under because of the political issues) a lot of goodwill between the parents and staff at the school. That’s something that never appears on Wirral Council’s balance sheet as it’s something that can’t be quantified. This is part of the reason the parents of children at Lyndale School want the School to stay as it is, as they don’t see the same ethos at Lyndale School at either Stanley School or Elleray Park.

Echoing what I have heard Julia Hassall (Director of Children’s Services at Wirral Council) say many times, I will also make the following point. Some schools are closed down because they are “failing schools”. Lyndale School doesn’t fall into that category and that is not one of the reasons behind the consultations on its closure. I wish to make that as clear as I can (as has Julia Hassall at many public meetings). The view from the public can be to jump to the conclusion that schools are only threatened with closure because things at them are going pear-shaped. This is not the case at Lyndale School and I will also point out that no final decision on closure of Lyndale School has yet been made by Wirral Council’s Cabinet.

I have referred before in articles describing Lyndale School as a “hospital school” as personally I think it is probably a more accurate description of what goes on in Lyndale School. Think of the political fuss that would happen if say in the lead up to a General Election (and I’ll point out now that I know of no such plans) that there was a consultation on closing the children’s ward and the hospital school at Arrowe Park Hospital? Think of it purely from that perspective and you can perhaps see how emotional an issue it is for both the people directly involved and the wider community.

There are many new matters involving Lyndale School I could write about but instead I will explain what I was at Lyndale School for. There was a very interesting meeting of the Friends of Lyndale School Association held there which was a private meeting, so there is a limit about what I will write here about it.

However, I had better explain what and who the Friends of Lyndale School Association are. The Friends of Lyndale School Association are a small charity set up in March of this year and registered with the Charity Commission in June. Their charitable objects are:

To advance the education of pupils in the school in particular by:
developing effective relationships between the staff, parents and others associated with the school;
engaging in activities or providing facilities or equipment which support the school and advance the education of the pupils.

It’s hard to describe exactly what the Friends of Lyndale School Association is, but the closest easily understood comparison to it, is a parent-teacher association or PTA for the Lyndale School. As with all PTAs they raise money to be spent on their charitable objects and you can (if you wish) donate to them online on the webpage on Justgiving website for the Friends of Lyndale School Association.

If the Lyndale School closes, the Friends of Lyndale School Association have made it clear that any remaining funds would be donated to Claire House (which is a children’s hospice on the Wirral). The Wirral Globe are also printing interviews with the parents of Lyndale School (which if you wish to read the first three are on the Wirral Globe website starting here, continuing here and the most recent one is and I will at this stage (and I don’t often do this about someone else in the local media) thank Emma Rigby of the Wirral Globe for her reporting in the Wirral Globe of this story.

Yesterday evening there was supposed to be a meeting of all councillors at Wirral Council. However as most people probably know already a lot of public sector unions went on strike and that meeting was shifted to the evening of the 20th October 2014. One of the matters on the agenda is a minority report (no not the film Minority Report with Tom Cruise this refers to something different) but a minority report about the recent Lyndale School call in.

In fact there are five minority reports about various matters. There is one about the Lyndale School call in submitted by various councillors in the Conservative Group that you can read on Wirral Council’s website. The minority report procedure hasn’t been used for a long time and I think most people are unsure whether it’s an item that could trigger a debate or whether it would just be voted on. Had it not been for the strike yesterday, this would probably have already happened.

After the call in meeting on 2nd October 2014, the second consultation on closure of Lyndale School should’ve started as the Cabinet delegated this matter to Julia Hassall. She therefore probably knows more the timescales than I do. As far as I know (and Wirral Council’s constitution has been through a lot of changes in the past few years), a decision of a call in committee is still implemented by officers even if a minority report is submitted to the next Council meeting (which should’ve taken place yesterday evening but was I would guess put back a week because of the strike).

My concerns about the entire process in this matter over the last year and how this has all been done I’ve written about before. I am not going to repeat myself here. There are however concerns about corporate governance at Wirral Council about this matter that I haven’t expressed in public.

Personally I think it is a crying shame, that on an issue as sensitive as Lyndale School, that all political parties now represented on Wirral Council (whether Labour, Conservative, Lib Dem or Green) can’t come to an agreement (behind closed doors if need be) to pause this whole process and have a review.

Wirral Council claim that they can’t keep the Lyndale School open in 2015-16 due to a shortfall between what the Lyndale School predicts they will need and what Wirral Council is willing to give them. The shortfall will be
~£190,000.

I have written on this blog before that Wirral Council could easily find this small amount of money if they wished and move it around from existing budgets if the political will was there. In fact papers that went the Wirral Schools Forum last week showed that through reductions in this year’s budget they found ~£2 million. So where’s this money going? It’ll be put in a reserve and used next year to go to Wirral Schools Services Limited who have a PFI Schools contract for various schools (and two city learning centres) with Wirral Council as part of a ~£12 million/year contribution.

Wirral School Services Limited’s account show that for 2014 they had £1.93 million in cash assets, which is £6.33 million in assets minus their £4.39 million in liabilities.

What’s amazing is that a Labour Council, who trumpets its “socialist values” in election leaflets, it is seemingly happy to make £2 million of cuts in year to the Wirral Council’s Schools Budget for this year (which obviously need Wirral Schools Forum approval and Cabinet approval) to help plug a financial gap in the 2015-16 Schools PFI contract, but when it comes to an amount ten times smaller than that to be found no report I’ve seen so far even lists finding the money to keep Lyndale School open in 2015-16 (from such as underspends in existing budgets) as an alternative option!?

Despite the words of Wirral Council in the past that they would put vulnerable people such as the pupils of Lyndale School first, it seems that the school is under threat whilst capitalist greed gobbles up the available funds. If Wirral Council so wished, it could either end or renegotiate the Schools PFI contract. The schools system should not be run to feed the profits of private companies!!! Nor should vulnerable children have such a low priority!!! These are two of my main frustrations with the current situation.

I will repeat again, if you wish to donate to the Friends of Lyndale School Association you can here. The Justgiving website takes a 5% cut of all donations and charges £18 a month to the Friends of Lyndale School Association. However the other 95% (minus £18/month) is paid directly to them.

I know I will continue to get criticism (and I really don’t mind comments on this blog attacking me) from some quarters for how I’m reporting the Lyndale School issue, there has been however nothing so far that convinces me that all the decisions taken by Wirral Council so far have either been taken in the right way or for the right reasons. If everything was done so far “by the book” and in an “open and transparent” way, I would not be as irked by how the matter has happened as I am.

On a personal note, I realise there has been a deterioration in relations between Wirral Council and those associated with the Lyndale School. If other special schools on the Wirral think they will escape whilst Wirral Council’s focus is on Lyndale School, they will need to have a drastic rethink and not bury their heads in the sand. I will repeat here what I said at Lyndale School on Thursday.

There is a current consultation that the government is running on the draft Schools and Early Years Finance (England) Regulations 2014. These are the regulations (a type of law) that Wirral Council has to conform to when setting schools’ budgets annually.

At the moment, because of a part of the law known as the “minimum funding guarantee”, for this 2014-15 year Wirral Council could not drop school budgets such as Lyndale Schools by more than 1.5% based on what their previous year’s budget allocation was.

However the draft regulations being consulted on, whereas they (in draft form) keep the minimum funding guarantee for mainstream schools, get rid of the current minimum funding guarantee for special schools. Personally and I’m going to get quite political now, I think it is morally wrong to protect mainstream funding for mainstream schools, but at the same time allow local councils to (if they so wish) to totally change the budget (and therefore nature) of special schools which can in extreme cases ultimately force them to close. Obviously the draft regulations may be altered post consultation, but you can respond to that consultation run by the Department of Education here. That consultation closes this Friday (17th October) at 5.00pm.

If the new regulations (following consultation) abolish the existing legal protections for special school budgets, it will be perfectly legal for local councils (such as Wirral Council) to come up with a schools funding formula for 2015-16 that leads not just to the potential closure of schools such as the Lyndale School but dramatically changes the funding allocated to other special schools as the new banding system was agreed earlier this year at a call in a controversial 8:7 vote.

Wirral Council has shifted money out of the agreed budget for special schools to cross subsidise other parts of the education system, such as PFI. This is of course entirely legal if officers get the necessary approvals from the Wirral Schools Forum and others. However in other local authorities, an underspend in the special education side of matters would not be used to plug financial holes and financial instability elsewhere. Other Schools Forums take the prudent approach that underspends on the special educational needs side are put in financial reserves earmarked for that area of education.

The spare capacity such as underspends of money that was agreed should be spent in the special schools system, has instead been used to cross subsidise other parts of Wirral Council’s Schools Budget. The money however always seems to flow out of the special schools system and never back to it. Had these political decisions not been made, there would be more than enough money to keep Lyndale School open (at least for the 2015-16 year and possibly beyond). However instead the influence of a large company such as Wirral Schools Services Limited with large financial reserves has been listened to, whilst the pleas of Lyndale School parents merely to continue with what they already have, have so far been met with a lack of political will to explore alternative options and a knee jerk reaction to blame the situation on the Coalition government, the Church of England and even the Lyndale School itself, without apparently getting across to the public the personal responsibility that politicians at Wirral Council must take for each decision they make.

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Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)

Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)

Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)

                                               

I was reading through the Biffa contract (who get paid ~£12 million a year for collecting bins and other things) and this interesting snippet about Freedom of Information and Data Protection caught my eye on page 59. I haven’t made any FOI requests for the yearly CO2 emissions of bin lorries but this is how such a request would be dealt with if someone were to do so. This is probably only of interest to those who work in this area such as the media, FOI practitioners and of limited interest to the public, so apologies if I’m getting boring! Contractor in the contract refers to Biffa Waste Services Limited. At 4.61.2.3 I couldn’t help but laugh at the bit about time for compliance for FOI requests considering Wirral Council’s track record and my recent decision notice from ICO on that matter.

The “absolute discretion” bit in 4.61.3 is very interesting as quite often local councils refuse to release information about companies and contracts on commercial sensitivity grounds saying well we’d like to give you this information but company X won’t let us.

Last Thursday (11th September 2014) Wirral Council’s Cabinet agreed to ask Kevin Adderley to enter into negotiations with Biffa over extending this ~£12 million/year contract from 2020 to 2027 without putting it out to tender. However an extra clause was added over value for money. Mr. Adderley was asked to report back to a future Cabinet meeting on the outcome of negotiations.

However the contract does state that if Wirral Council wish to extend the contract from 2020 to 2027 they don’t have to tell Biffa this until on or before 21st August 2019. So why the big rush other than to pander to Biffa’s commercial interests and damage Wirral Council’s?

Well from what was said at the Cabinet meeting Biffa Waste Services Limited have offered Wirral Council “incentives” on the current contract (which runs to 2020) if Wirral Council agree to a seven-year contract extension and don’t put it out to competitive tender when it expires in 2020.

Extending the contract by seven years is effectively making a decision that will tie the hands of future administrations (of whatever party or parties) at Wirral Council. However I’m sure (if officers are doing their job properly) that what I’ve just written is the kind of details that were in the exempt appendices for last Thursday’s Cabinet meeting. The Labour politicians on Wirral Council’s Cabinet decided that the public aren’t really supposed to know about it (which is why the press and public got chucked out of the public meeting before those appendices were decided despite the public interest test arguably being in favour of such stuff being in the public domain).

Another factor to consider is that from November 2014 Wirral Council will be under a legal duty to publish such contracts (we here have a copy of the very long contract as part of the 2013/14 audit but it would probably take me about a day of work just to publish a fraction of it as it is very, very, very long) and from November 2014 invoices. Hence I’m sure Biffa are keen to have it extended by seven years, before people like the Rt Hon Frank Field MP start referring to them again (see the last Birkenhead Constituency Committee meeting for that) and anyone kicks up more of a fuss! Oh dear, have I let an awful lot of cats out of the bag yet again?

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4.61 Freedom of Information and Data Protection

4.61.1 The Contractor acknowledges that the Council is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Council (at the Contractor’s expense) to enable the Council to comply with Information disclosure requirements.

4.61.2 The Contractor shall and shall procure that its sub-contractors shall:

4.61.2.1 Transfer a Request for Information to the Council as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information;

4.61.2.2 Provide the Council with a copy of all Information in its possession or power in the form that the Council requires within five Working Days (or such other period as the Council may specify) of the Council requesting that Information; and

4.61.2.3 Provide all necessary assistance as reasonably requested by the Council to enable the Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA or Regulation 5(2) of the Environmental Information Regulations.

4.61.3 The Council shall be responsible for determining at its absolute discretion whether:-

4.61.3.1 The Information is exempt from disclosure under FOIA and the Environmental Information Regulations;

4.61.3.2 The Information is to be disclosed in response to a Request for Information, and

4.61.3.3 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Council.

4.61.4 The Contractor acknowledge that the Council may, acting in accordance with the FOIA, or the Environmental Information Regulations disclose Information:-

4.61.4.1 Without consulting with the Contractor, or

4.61.4.2 Following consultation with the Contractor and having taken its views into account.

4.61.5 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Council may nevertheless be obliged to disclose Confidential Information in accordance with Clause 4.60.2.1.6.3.

4.61.6 The Contractor shall ensure that all information produced in the course of the Contract relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.

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Biffa Waste Services Limited contract Wirral Council page 59
Biffa Waste Services Limited contract Wirral Council page 59
Biffa Waste Services Limited contract Wirral Council page 25
Biffa Waste Services Limited contract Wirral Council page 25

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