4 Labour councillors agree salary for new Wirral Council Chief Executive at between £155,000 and £175,000

4 Labour councillors agree salary for new Wirral Council Chief Executive at between £155,000 and £175,000

4 Labour councillors agree salary for new Wirral Council Chief Executive at between £155,000 and £175,000

                                                                

Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green (Conservative), Cllr Lesley Rennie (Conservative) and Cllr Phil Gilchrist (Lib Dem)
Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green (Conservative), Cllr Lesley Rennie (Conservative) and Cllr Phil Gilchrist (Lib Dem)

Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green (Conservative councillor), Cllr Lesley Rennie (Conservative councillor) and Cllr Phil Gilchrist (Lib Dem councillor)

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Video above is from the Employment and Appointments Panel (Chief Executive) public meeting held on the 24th November 2014 in Committee Room 3, Wallasey Town Hall, Seacombe . This write-up of the public meeting starts at 23:09 in the video above.

Wirral Council’s Employment and Appointments Panel (Chief Executive) met in Committee Room 3, Wallasey Town Hall, Seacombe on Monday afternoon at around 2.30pm. The councillors on the Employment and Appointments Panel (Chief Executive) which had previously been decided by the Employment and Appointments Committee on the 27th October 2014 are:

Cllr Phil Davies (Labour) Chair
Cllr Ann McLachlan (Labour)
Cllr George Davies (Labour)
Cllr Adrian Jones (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Lib Dem)

Continues from Labour councillors argue for increase in range of Wirral Council’s Chief Executives’ salary to between £155,000 and £175,000. This is continuing the write-up of a public meeting of the Employment and Appointments Panel (Chief Executive) held on the afternoon of 24th November 2014.

3. Appointment of Chief Executive, Head of Paid Service (including Returning Officer and Electoral Registration Officer)

There was a report and thirteen appendices for this item.

Cllr Adrian Jones said, “Yes Chair, I just want to make a number of comments on this and I do appreciate Jeff Green that you obviously want to make a big issue about this. I just want to understand and … , but the comments on the existing Chief Executive were way off the mark. He came here as a temp, he stayed a bit longer…. he now wants to retire and do whatever it is that retired chief executives do.

He oversaw transformation of what’s been described as a failed Council, I think it was still a failing Council in 2012 when he took over and he’s transformed that into a 1st class machine which is recognised elsewhere, simply by the National… as being a completely different and efficient Council from the failing one he inherited from you and from your predecessors including us Labour Parties.

Now I think that if we were to argue the price we aren’t going to get that again. That was a very lucky situation … but if Jeffrey [Green] was saying that he passed some moral indignation and objection to extremely high salaries.. then I would be the first to agree with him but this is the pond that we’re swimming in and we’ve got no other way to approach this other than to pay the going rate, if we want to get the best and it really doesn’t boil down to much other than that. I would have thought incidentally, it’s quite a good Conservative principle when you see it put like that.”

Cllr Jeff Green said that saving taxpayers’ money was his primary concern in principle.

Cllr Adrian Jones said he agreed with Cllr Jeff Green and then said something else to which Cllr Jeff Green responded.

Cllr Phil Davies asked if there were any other contributions and that he wished to move an amendment.

Cllr Phil Gilchrist said, “Still resting underneath the present Chief Executive there’s a whole raft and that’s another phrase as well, a series of strategic directors in post. Now they recruit and manage a slimmed down organisation and I’m not convinced everything’s beautiful in the garden and I’ve heard what Adrian [Jones] says and I haven’t got problems with the rest of it, but once the Administration attempts to bring in Superman in order to sort out the existing problems, but unfortunately you know we can’t even get anyone with errm Superman’s qualities.”

Cllr Phil Davies said, “or Superwoman!”

Cllr Phil Gilchrist continued “or Superwoman! … something with some kryptonite. Well probably Ghostbusters would be far…”

Cllr Adrian Jones interrupted, “Is that a proposition?”

Cllr Phil Davies said, “You’ve gone from Superman to Ghostbusters!”.

Cllr Phil Gilchrist said, “Well, all I thought was that the big lake of stuff under the Town Hall made everyone so bad-tempered in the film. I think it would be over the top to go with £155,000.”

Cllr Adrian Jones responded to the point.

The Chair (Cllr Phil Davies) said that Cllr Jeff Green have moved something but that he was going to move the following resolution:

“Given that we the 9th largest metropolitan authority in the country and given that the current salary of our Chief Executive I don’t believe is sufficiently competitive with the market as exists at the moment and given the external advice we’ve had from the Local Government Association and Penna, I’m going to recommend that the salary range for the Chief Executive be agreed between £155,000 and £175,000 an annum and I think as part of that, the second element of that should be that the final, the final salary for the Chief Executive would be within that range and be agreed by this Panel as part of the recruitment process.

He continued, “Could I just make the other comments that you’re abs.. you know.”

Cllr Jeff Green said, “Were you going to say I was right?”

Cllr Phil Davies replied, “You are right that we do need to make substantial savings as a result of your government’s austerity policies and the Chief Executive, whoever we recruit, one of his or her principal tasks will be to make the £70 million that we need to make over the two years and a lot more than that as we’re told that we’re told that the austerity is only halfway through beyond that.

So, I believe that we can get the good, the best outcome we can if he or she would more than pay for their salary ideally and I think if again, if you look at the authorities in Merseyside and Cheshire, this is, this is comparable with the salaries that they’re charging and we’re talking about authorities run by both the Conservative and Labour parties in terms of Cheshire West and Cheshire East. ”

He moved that, Cllr Ann McLachlan seconded it.

The Chair sought legal advice because there was an amendment. The legal adviser said that they would have to vote on the amendment first.

Cllr Jeff Green said, “Could I just make a couple of points? First of all we are comparing all these across the scale across the North-West as far I’m concerned there aren’t all vacancies there. So we’re not really competing with people to fill those posts.

Number two, I you know wonder whether given we are talking about as I say a million pounds over five years if we go along with the proposal you make, wouldn’t it be better to actually test the market? So instead, you know, you as the Leader of the Council, would it be the administration determining what the leader mark to be, because the first thing to do is to test the market. Again you know get three quotes to test it, so will we be actually be better off actually testing to see if the sort of candidates we might want are available at £130,000 and only then if someone can provide evidence that those candidates aren’t available, would we then seek to look at that situation?

That’s the way you’d normally, I think you would normally do it as opposed to make a whole series of assumptions that there won’t be people ever at that level, the level stops here and therefore bump it to what I think is an astronomical figure and I just have to say one that I think the public will find it difficult to understand given some of the measures that you as an administration are currently taking.”

Cllr Phil Davies disagreed, “Well I would errm, I would disagree with that as a way forward for the two reasons. One is we’ve had, we’ve got our experts who know the, who know the market for chief executives and senior officers and their advice is that our current salary would not get a high quality candidate because we are literally at either at the bottom or at the very lowest quartile.

So you know, we’ve had our external advisers who’ve given us that information given the current state of the market and secondly what you’re suggesting Jeff [Green] would build in a delay in the process if we had to jump through that particular hoop and I believe the priority now is to recruit the very best candidate we can, as soon as we can, after the current Chief Executive departs.

So I think for those two reasons I wouldn’t be in agreement with that as a way forward. So I think we’ve got an amendment which I will move, it’s been seconded by Ann [McLachlan], can I see all those in favour?”

For (4): Cllr Phil Davies, Cllr Ann McLachlan, Cllr George Davies, Cllr Adrian Jones
Against (3): Cllr Jeff Green, Cllr Lesley Rennie, Cllr Phil Gilchrist

The amendment (passed on a 4:3 vote) became the substantive motion.

The vote on the motion was:

For (4): Cllr Phil Davies, Cllr Ann McLachlan, Cllr George Davies, Cllr Adrian Jones
Against (3): Cllr Jeff Green, Cllr Lesley Rennie, Cllr Phil Gilchrist

The Chair Cllr Phil Davies said that it would be a recommendation to a meeting of Council on the 8th December [2014] and moved onto the job description and person specification.

Cllr Jeff Green asked how much extra the Chief Executive would get for being the Electoral Registration Officer on top of the £155,000 to £175,000 salary?

Chris Hyams said it was outlined in the appendices, appendix ten, she then changed this answer to appendix nine, page thirty-three.

Cllr Jeff Green asked what exactly was there? Chris Hyams said that the election fees are determined by which elections take place each year which are outlined in the appendix on page forty-three.

Cllr Jeff Green asked on top of that next year, with the assumption that they’re in post by May, there will be a further £12,605 on top of that and asked if it was one or if it got totalled up. So if it was Parliamentary you get £12,605, if it’s a local election as well you get £5,297.16. Would that be £17,800?

Chris Hyams replied that they are a combination of which elections there are. Cllr Jeff Green said that in May they’d get an extra £18k on top of £170,000 that they’d been talking about but normally as there are local elections the Chief Executive would get an additional minimum of £5,000 on top is that right?

Chris Hyams said that it was and that you could see from the appendices who actually sets that fee. Cllr Jeff Green said that he wasn’t saying that they were being particularly generous, just in terms of the overall package, it is £175,000 plus £12,000 plus £5,000.

Chris Hyams replied, “Yes it is.” and pointed out that the chief executive salaries provided were exclusive of Returning Officer fees.

Cllr Phil Davies said that in Cheshire West for example, their Chief Executive makes £180,000 plus they get this in addition. Chris Hyams confirmed this. Cllr Phil Davies asked if it was the same in every local authority to which Chris Hyams answered “yes”.

Cllr Jeff Green commented that it brought the remuneration to round about £200,000. Cllr Phil Davies said it was paid for by central government. Chris Hyams confirmed this.

Cllr Jeff Green asked if the £5,297.16 was paid for by central government? Chris Hyams confirmed this. Cllr Jeff Green said “Are we genuinely saying we can’t get anyone for less than £200,000?” and “I’ll tell you what, all that money I’ve paid to my trade union over the years, I wish they’d had this crowd in.”

The following recommendation was agreed:

(3) That the proposed process and timescales for appointment of a new Chief Executive (who shall also be appointed as the Head of Paid Service, Returning Officer and Electoral Registration Officer) as outlined in appendices two and eleven to the report, be approved.

Cllr Phil Davies moved the following:

(4) That this Panel recommends to Council at its meeting on 8th December 2014 that David Armstrong be appointed to the position of Acting Chief Executive and Head of Paid Service, with effect from 1 January 2015 until the newly appointed Chief Executive takes up the position and also David Armstrong becomes the Deputy Chief Executive from the 8th December to the 31st December 2014.

Cllr Jeff Green said, “I would be very supportive of that, I think David has done the job before so it’s good experience in those terms and I think as we know David is a first class officer that performs incredibly well in this role whatever he’s been asked to do so. What was the final bit?”

Cllr Phil Davies said, “Well, in case he needed err between the. Explain why we have to have a Deputy Chief Executive Chris?”

Chris Hyams replied, “OK”

Cllr Jeff Green asked if he got two salaries to which Chris Hyams replied “Not at all. The proposal around a recommendation from the 8th December is to ensure continuity. The Chief Executive leaves on the 31st December, that’s his last day, however he has outstanding leave. Should he not be in the Borough, there is a continuous Deputy that will be Acting Chief Executive from the 1st January. So there are differing management arrangements, it’s for continuity.”

Cllr Phil Gilchrist said, “I can’t think of anyone else, that’s what’s troubling me. I’m trying to think better than that. I am worried that there are enough problems in CYPD [Children and Young People’s Department] and Asset Management and everything else that needs tremendous amounts of attention. So I don’t know how safe it is to move David up to this position when there are all these little things that need tackling as well?”

The Chair, Cllr Phil Davies replied, “Well, look I mean errm, he’s got, he’s got sort of excellent err officers in asset management errm and I’m I’ve spoken obviously you will have expected me to have had a conversation with him … and he is confident that he’ll be able to play this role but still do his, still have the asset management working in good hands going forward. So I have had that conversation with him and he was confident that those arrangements would be put in place.”

Cllr Jeff Green said, “A reasonable plea to start … knowing the sort of person David is and I think this is kind of … Phil [Davies] as the new council, is to make sure that he doesn’t try to do too much.”

Cllr Phil Davies replied, “Absolutely.”

Cllr Jeff Green continued, “Because he’s the sort of guy that … going so you know just to help him focus”

Cllr Phil Davies replied, “Yeah.”

Cllr Jeff Green continued, “on the actual job.”

Cllr Phil Davies asked them to agree recommendation 4.

Cllr Phil Davies then moved recommendation 5:

” That this Panel recommends to Council at its meeting on 8 December 2014, the appointment of Surjit Tour as Returning Officer and Electoral Registration Officer and that Joe Blott is appointed as Deputy Returning Officer and Electoral Registration Officer, both effective from 1 January 2015 until the newly appointed Chief Executive takes up the position.”

This was agreed. There was no other business so the meeting closed. However a few weeks later in December 2014 the Wirral Green Party issued a press release on this which contained the line “How can Labour claim a commitment to fairness having just voting through an eye-watering 30% increase in the chief executive’s salary. Not only is this an insult to the council employees facing redundancy and reduced pay, it shows a leadership out of touch with reality and missing a glorious opportunity to set an example to others and rein in excessive pay in the public sector.”

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Labour councillors argue for increase in range of Wirral Council’s Chief Executives’ salary to between £155,000 and £175,000

Labour councillors argue for increase in range of Wirral Council’s Chief Executives’ salary to between £155,000 and £175,000

Labour councillors argue for increase in range of Wirral Council’s Chief Executives’ salary to between £155,000 and £175,000

                                                                               

Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green (Conservative), Cllr Lesley Rennie (Conservative) and Cllr Phil Gilchrist (Lib Dem)
Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green (Conservative), Cllr Lesley Rennie (Conservative) and Cllr Phil Gilchrist (Lib Dem)

Employment and Appointments Panel (Chief Executive) Committee Room 3, Wallasey Town Hall, 24th November 2014 L to R Martin Denny (LGA), David Slatter (Penna PLC), Cllr Jeff Green (Conservative councillor), Cllr Lesley Rennie (Conservative councillor) and Cllr Phil Gilchrist (Lib Dem councillor)

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Video above is from the Employment and Appointments Panel (Chief Executive) public meeting held on the 24th November 2014 in Committee Room 3, Wallasey Town Hall, Seacombe . This write-up of the public meeting starts at 12:05 in the video above.

Wirral Council’s Employment and Appointments Panel (Chief Executive) met in Committee Room 3, Wallasey Town Hall, Seacombe on Monday afternoon at around 2.30pm. The councillors on the Employment and Appointments Panel (Chief Executive) which had previously been decided by the Employment and Appointments Committee on the 27th October 2014 are:

Cllr Phil Davies (Labour) Chair
Cllr Ann McLachlan (Labour)
Cllr George Davies (Labour)
Cllr Adrian Jones (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Lib Dem)

Continues from Cllr Jeff Green asks if Wirral Council are looking to spend £1,000,000 on their new Chief Executive (over 5 years)?. This is continuing the write-up of a public meeting of the Employment and Appointments Panel (Chief Executive) held on the afternoon of 24th November 2014.

3. Appointment of Chief Executive, Head of Paid Service (including Returning Officer and Electoral Registration Officer)

There was a report and thirteen appendices for this item.

The Chair, Cllr Phil Davies invited Cllr Ann McLachlan to speak. She said, “I think it’s important to recognise where we are in the local government family and what we want to attract here. We want to attract the best in England, so we’ve got to be somewhere in the parameters of being able to say ‘Oh we’re pitching our salary at such an appropriate level, to get the best field of candidates that we possibly can to attract the best in the business’.

I think also it would be fair to say and I’m sure we’ll be doing this, we will be setting, you will Phil within because consultation with the new Chief Executive, you’ll be setting some parameters for them to look at, you know senior management savings across err you know the period of their, their tenure here at Wirral. So and part of the role will also be about saving money, so sometimes you have to invest to save in the longer term and I think also that it’s worth saying that we need to look at comparisons with the rest of the public sector.

It was reported last week that a primary headteacher within an academy was on a salary equivalent to £200,000. The first 150 secondary academies have got heads on over £150,000. You’re talking about a primary head managing a school of two hundred and fifty pupils max, probably about forty staff. There’s no comparison between managing you know a multi-million pound organisation like Wirral!

So I think for those reasons for me, I’ll be saying we need to get this salary in the right range for you know the kind of calibre of the people that we want to work with us.”

Cllr Phil Gilchrist referred to the salary grades. He asked about the salaries of people on the next tier down from Chief Executive and that if they attracted someone who was currently a strategic director in another authority, how much of a salary increase it would be?

Cllr Phil Davies (Chair) replied that they’d have to wait and see what level of candidate they got, but he hoped that they would be attracting not just deputies and strategic directors but actually serving chief executives elsewhere with an “excellent track record” so they could “hit the ground running”. Cllr Phil Gilchrist said he understood.

Cllr Jeff Green said that his parents had told him that “two wrongs don’t make a right”. The other point he wanted to make was that unless they’re going to ask a primary head to run the authority, and there might be one paid £200,000 somewhere around the country, that it wasn’t really a reason for making decisions on the chief executive’s salary. Then again he said, “a primary head might be just what is required!”

Cllr Green continued that his understanding was that a set of proposals were being worked on that were going to save £1.5 million by the current Chief Executive. He said that [Cllr] Ann [McLachlan] had promised that would be delivered in December in terms of Council unless she’d changed her mind and then he revealed “Those savings were already in the works are due to be published in December”. So in terms of some of the points that councillors had been making Cllr Green felt were “extraneous”. He asked them to focus on what would be required, he referred to a saving of £730,000 and referred to a number of issues about the current Chief Executive. He didn’t understand why they’d have to increase it [the Chief Executive’s salary] to £175,000.

Referring to other salaries for Chief Executives in the North West, he said that “to increase to that much seems to be excessive”. He referred to the documents prepared for full Council, how £1.5 million of senior management savings had been identified and how all those things had been delivered off a salary of £130,000. He proposed they seek a Chief Executive on the current salary range of the current Chief Executive of £130,000.

Cllr Phil Davies asked councillors to look at the salaries in appendix 4. He referred to Liverpool City Council’s Chief Executive being paid £197,500, Cheshire West’s £180,000, Cheshire East’s £187,000, Knowsley a “much smaller authority than Wirral” £160,000, St Helens £140,000 and Sefton £152,000. He said “even councils on our doorstep are paying a substantially higher salary than Wirral does.

I think my kind of comments or my reflection on the discussion is, we need to be able to attract the best, but also retain them as well, what we don’t want to do is get somebody here and then because Cheshire West are paying you know a much larger salary, they’ll disappear to Cheshire West in a few years time. So I think we need to just have that in our forefront of our minds as well.”

Cllr Ann McLachlan said, “Completely disingenuous [Cllr] Jeff [Green], because what I was doing was giving a comparison with the public sector that wasn’t a local government chief executive, just to demonstrate that out there the salaries in the public sector in general at that level, you know to get the expertise you want at that level are much more higher than Wirral.

I’m going to ask Chris [Hyams] if she would give us a little bit of background on that £131 or £130 or whatever it is Graham [Burgess]’s in, because how long, what was the previous Chief Executive on? Coz Graham [Burgess] came to us and took his pension, I think he took his pension, .. or has pension arrangements in place or didn’t need to be paid the on costs that we would have to pay.

Well previous chief executives, what kind of salary was he on and how long ago was that? I mean in a sense I think we need to get a bit of a reality check here and get in the real world about what the real costs of salaries at this level are.

So, errm, yeah, I think it’s you know, our salary range here is at the bottom of the tree really. So what’s the history of that and also you know it’s not that two wrongs don’t make a right, it’s not anything like that but what we’re trying to do is demonstrate that here in this Authority we want to get somebody who is going to you know help us in the obviously very clear difficult financial circumstances we’re in, with the financial challenges we’ve got going forward as well and in remodelling and changing this Council. You know, so errm, I’m absolutely of the view that we will have to pay the appropriate level. Thanks Chris.”

Chris Hyams, Head of HR responded by saying, “OK, thank you. The current Chief Executive is paid top of the salary range. As the Deputy Leader’s just intonated, it is in the public domain that he left his last council with a pension which is why we didn’t incur the on costs. So in terms of remuneration, there was an additional salary arrangement through his last job through gaining his pension.

Before that, the salary range that was in place for a previous Chief Executive had his spot salary within that range of £130,000. The range has not been reviewed for a number of years and certainly not reviewed as such or changed previously to this in the time that I’ve been here in the last five years.”

Continues at 4 Labour councillors agree salary for new Wirral Council Chief Executive at between £155,000 and £175,000.

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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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7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

                                                 

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Employment and Appointments Panel (Head of Specialist Services) Wirral Council 10th December 2014 Chris Hyams explains the purpose of the meeting
Employment and Appointments Panel (Head of Specialist Services) Wirral Council 10th December 2014 Chris Hyams explains the purpose of the meeting

What I’m writing today is an insight into how Wirral Council rushes decisions, it doesn’t seem to follow proper decision-making processes, gets itself in a pickle and how it can bungle even something simple like deciding on a long list based on applications for a senior post at Wirral Council.

First you need to know a bit of background to this story. The current postholder with the title of Head of Specialist Services Emma Taylor (which is in the Families and Wellbeing Directorate) gave Wirral Council her three months notice two and half months ago and leaves at the end of this year. Due to her being one of the senior managers at Wirral Council it is politicians (not officers) that choose her replacement.

On 27th October 2014 the Employment and Appointments Committee (made up of Wirral Council councillors) met, decided on a panel to decide of 4 Labour councillors, 2 Conservative councillors and 1 Lib Dem councillor, the job description/person specification, terms of reference of the panel, to appoint Penna PLC as recruitment consultants (who get paid £15,000 for this recruitment) and also on the process and timescales.

The job was then advertised, applications were sought (which went to Penna PLC) and the closing date for applications was 5th December 2014. Below is a screenshot of the page on Penna’s website for it (currently here but as applications have closed this link may not work for long):

screenshot Lead Wirral website taken on 11th December 2014 Wirral Council Head of Specialist Services timetable
screenshot Lead Wirral website taken on 11th December 2014 Wirral Council Head of Specialist Services timetable

As you can see the closing date for applications for this post (which went to David Slatter of Penna PLC shown in the above video) is 5th December 2014.

On the 2nd December 2014 (before applications for the post had even closed), the agenda for the Employment and Appointments Panel (Head of Specialist Services) was published.

Items 3/4 on the original agenda stated:

“3. Exempt Information – Exclusion of Members of the Public

The public may be excluded from the meeting during consideration of the following items of business on the grounds that they involve the likely disclosure of exempt information.

RECOMMENDATION – That in accordance with section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following items of business, on the grounds that they involve the likely disclosure of exempt information as defined by the relevant paragraphs of Part 1 of Schedule 12A (as amended) to that Act. The public interest test has been applied and favours exclusion.

4. Appointment of Head of Specialist Services, Families and Wellbeing Department

To consider the applications for this post. ”

Interestingly between the agenda for this meeting being published and the version of the agenda we got handed out just before the public meeting started (late), agenda item 4 had been changed to add (Applications enclosed) (see below).

Employment and Appointments Panel (Head of Specialist Services) 10th December 2014 agenda
Employment and Appointments Panel (Head of Specialist Services) 10th December 2014 agenda

Now this is the weird aspect of this, the agenda published on 2nd December stated the public interest test had been applied (by a Wirral Council officer) stating no reason why the public were to be excluded, based on applications that were yet to be supplied by Penna until after the closing date of the 5th December.

Applications were circulated to those on the panel, I saw this with my own eyes being done in person on the evening before shortly before the Cabinet meeting on the 9th December 2014.

However a different bit of the Local Government Act 1972, s.100B (4) and (5) required the applications for item 4 to be circulated five clear days before the meeting (which obviously didn’t happen).

The law is quite clear that even for items where they are planning to exclude the press and public that this has to happen otherwise the item can’t be taken unless “by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.” and I didn’t see that happen during the first three items.

The meeting itself started five minutes late as Cllr Tony Smith was late and was over by about half an hour later.

The other point I would like to raise is this? If the public and press were excluded, why was David Slatter of Penna PLC (who is neither a Wirral Council employee nor councillor) allowed to stay in the room? Shouldn’t he have left and why didn’t the Chair ask him to when we left?

However it often happens at Wirral Council meetings that the Chair assumes anyone sitting round the table the committee is sitting on is an employee or councillor. For example recently the Pensions Committee excluded the press and public from part of a meeting. We left, but their auditor from Grant Thornton stayed despite falling into the category of press/public just because they were sitting around the table, therefore it was assumed they could be there.

I’ve seen the same happen at many other Wirral Council public meetings too that go into private session. There are members of the public present but they stay and the meeting carries on despite them being excluded from the meeting. Maybe chairs don’t understand what exclusion of the public means?

Politicians (especially those chairing meetings) can’t have it both ways. If the committee agrees to exclude the public then public and press (not councillors and officers) have to all leave. Otherwise it makes a complete mockery of the law and brings Wirral Council’s decision-making into further disrepute!

Do chairs of public meetings at Wirral Council actually understand what they’re deciding? Are the legal advisers advising the committees aware of the laws about public meetings or do they (mainly) just only offer an opinion if asked for the sake of their careers and not “rocking the boat” with politicians who could get them suspended?

Or is the real answer that Wirral Council has outsourced even part of its HR function to the private sector so much that it couldn’t actually function without having the private sector present during private parts of public meetings when the private sector seemingly have no actual legal right to be there? Am I wrong to expect fairness in Wirral Council’s decision-making?

I’d be interested to hear your thoughts on this and will be interested to read the minutes of yesterday’s meeting when they are published too.

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Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

                                        

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Birkenhead Park as it was in 2007.

Birkenhead Park in 2007 copyright John Brace
Birkenhead Park in 2007 copyright John Brace

I feel a bit sorry for Wirral Council’s legal department who seem to have given me the longest response to one of my FOI requests to Wirral Council ever which is in response to this ICO decision notice and a FOI request I made on 29th March 2013.

I’m beginning to think I should look for sponsorship from a black marker pen manufacturer as even the minutes they have supplied have been heavily redacted. Below is an example of set of minutes I’ve finally received, which is the minutes of the Birkenhead Park Advisory Committee meeting of the 17th October 2012. I think over 19 months is a record by Wirral Council for responding to one of my FOI requests.

Birkenhead Park Advisory Committee
Minutes of meeting 17th October 2012

Attendance
Chair: Cllr George Davies
Councillors: Cllr Denise Roberts, Cllr David Elderton, Cllr Cherry Povall, Cllr Stuart Kelly, Cllr Jean Stapleton, Cllr Alan Brighouse
Members: XXXXXXXXXXXX
Wirral Council Officers: XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX

Item 1 Apologies
Cllr Brian Kenny, Insp Roy McGregor, XXXXXXXXXXXX XXXXXXXXXXXX

Item 2 Minutes of previous meeting
The minutes were accepted as a true record.

Item 3 Matters arising
Cllr Elderton raised an issue over traffic calming measures.
XXXXXXXXXXXX confirmed signage for the advisory speed limit had been approved by the Conservation Officer.
There was then a question over funding for the above and a request for legal advice on how this advisory speed limit could be made enforceable.

Item 4 Park Manager’s Report
XXXXXXXXXXXX reported the fall in the number of school visits and suggested possible reasons for it, including poor weather and the closure of two schools which regularly visited the park.
Cllr Stapleton asked why such small numbers from University Academy.
XXXXXXXXXXXX suggested the loss of the education officer has affected contact.
XXXXXXXXXXXX suggested a possible role for a volunteer to contact schools and encourage visits.

XXXXXXXXXXXX reported that the work experience programme was a real success as was the Physical Activities programme.
XXXXXXXXXXXX suggested that income from commercial activities could help with finances.
XXXXXXXXXXXX said an increase was required in commercial operations.
XXXXXXXXXXXX predicted that this will increase.

XXXXXXXXXXXX reported to the group regarding the park’s drainage.
It was agreed by all that exceptional weather this year had caused flooding and was unavoidable.

XXXXXXXXXXXX the Events Arena could take surplus water which will also enhance biodiversity.

XXXXXXXXXXXX referred to the increase in concreting over gardens which doesn’t allow the water to drain and thereby causes increased flooding.

XXXXXXXXXXXX reported on underground water tank proposed by United Utilities because of flooding to basements in Park Road South.
XXXXXXXXXXXX said there was a potential revenue asset from development of remaining plots in the park, and the United Utilities proposal to build a storage tank on the plot by Gothic Lodge would make this asset difficult to sell.

Cllr George Davies reported that the ESWA club was closing down and the building was for sale.
XXXXXXXXXXXX asked if the park could make use of the area.
Cllr George Davies suggested keeping eye on developments.

XXXXXXXXXXXX reported the launch of the Park Watch scheme, adding that members were being recruited before calling the first (inaugural) meeting.

XXXXXXXXXXXX gave a report on IRIMS Incident Reporting and Management System, saying there were some “glitches” remaining but it should be up and running in a couple of months.

XXXXXXXXXXXX reported on the new Dog Control Order being proposed to exclude dogs from all children’s play areas in Wirral. He also reported on the possibility of a further Dog Control Order requiring an owner to put a dog on lead if requested, currently the byelaws state only that the dog must be under control.
Cllr Elderton suggested publicising the result of any further action after the event be recorded.
XXXXXXXXXXXX expressed his concern at the nature and number of dog related incidents, suggesting the voluntary code of conduct was no good.

XXXXXXXXXXXX updated the group on the success of the Forest Schools initiative.

Item 5 Membership of Birkenhead Park Advisory Committee
Cllr George Davies requested to expand group to take in the councillor with cabinet responsibility for Cultural Services. This was agreed by all.

Item 6 Any Other Business
XXXXXXXXXXXX suggested an opportunity for external funding for restoration of the Jackson Memorial, Bandstand, Conservatory and Horticultural Training.
XXXXXXXXXXXX suggested that the Friends of Birkenhead Park be invited to submit a report to a future meeting.

Item 7 Date of Next Meeting
It was agreed to meet in Mid April 2013.

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