What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

                          

Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014
Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014

I notice that yesterday an item Outcome of Lyndale School Consultation was added to Wirral Council’s Forward Plan.

According to the detail provided the outcome of the consultation (which hasn’t started yet) will be considered at a meeting of Wirral Council’s Cabinet on 1st July 2014. However I don’t see it as possible for Wirral Council to comply with the timescales on this and I’ll explain briefly why.

The outcome of the consultation to close Lyndale School is classed as a key decision. Regulation 9 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 states that prior to making key decisions (see 9(e)) that Wirral Council has to publish “a list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which the key decision is to be made” (decision maker means the Cabinet) at “least 28 clear days” before the decision is made.

Clear days means the day it is published and the day of the meeting aren’t taken into account in the twenty-eight days calculation which means the last day this can happen is the 2nd June 2014 (there are provisions in the legislation where a decision can be made with less than 28 clear days notice if the decision is “urgent and cannot reasonably be deferred” but the agreement of the Chair of the Families and Wellbeing Committee would be needed for that). After the consultation finishes, as the report will have to mention what the responses to the consultation were, I estimate it would be reasonable to estimate a week for this to happen, a week off of 2nd June 2014 is the 26th May 2014.

The original report to Cabinet on the consultation back in January 2014 stated that there would be a twelve week consultation following a consultation document being published. Take twelve weeks off of 26th May 2014 and you get a date of 3rd March 2014 (which has already happened and was nearly two weeks ago).

The call-in meeting of the Co-ordinating Committee made its decision on the 27th February 2014 and according to Wirral Council’s constitution as the Co-ordinating Committee upheld the original two Cabinet decisions that were called in, the decision to consult on closure should’ve been implemented at this point. Instead it was put on the agenda of the Cabinet meeting of 13th March 2014, with the agenda stating that the Coordinating Committee had made recommendations to Cabinet (which it hadn’t done as the Coordinating Committee had upheld the original Cabinet decisions of the 16th January and not made any recommendations to Cabinet).

So I don’t understand how it’s possible (as the twelve week consultation hasn’t started yet) how on earth Wirral Council will manage to bring a report on it to the Cabinet meeting of the 1st July considering the above timescales.

The agreed calendar of meetings shows that the next Cabinet meeting scheduled following the 1st July is the 11th September. This of course doesn’t rule out a special Cabinet meeting on this matter in mid-July, however as the schools break up for their summer break around this time it wouldn’t be best to hold it at this time.

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Cabinet takes 38 seconds to consider Lyndale School call in minutes and 10 councillors fail to mention at least 4 factual errors in them

Cabinet takes 38 seconds to consider Lyndale School call in minutes and 10 councillors fail to mention at least 4 factual errors in them

Cabinet consider Lyndale School call in minutes in 38 seconds,10 councillors fail to mention at least 4 factual errors

                             

Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014
Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014

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Wirral Council’s Cabinet considers the draft minutes of the call ins on consulting on closing Lyndale School and how special education needs funding is allocated starting at 9:10 in the video above and finishing at 9:48 (a total of thirty-eight seconds on a matter on which 6,440 people signed a petition

We have left undone those things which we ought to have done;
And we have done those things which we ought not to have done;

I rarely refer to religion on this blog (which is about politics) as although we don’t have the kind of constitutional separation of church and state that a country like America does, religion rarely features in Wirral’s politics. I was raised up a Catholic but for many years was an organist (until sadly I broke my wrist in two places) at St. James’ church. The quote above is from the Anglican General Confession which I heard many times over the years. There also a bit in it that says “We have erred, and strayed from thy ways like lost sheep. We have followed too much the devices and desires of our own hearts” which some would say sums up why things went so pear-shaped at Wirral Council. However this blog post (much as it might be more interesting to write such a piece) isn’t going to be a fire and brimstone opinion piece or about whether making immoral decisions puts the immortal souls of politicians in jeopardy.

So moving on to things that Wirral Council has done which it ought not to have done and the things it should have done but didn’t. Yesterday’s Cabinet meeting had at agenda item 15 an item described on the agenda in this way:

Recommendations from Policy and Performance Coordinating Committee – 27 February 2014

The Cabinet is requested to consider recommendations from the Policy and Performance Coordinating Committee held on 27 February 2014, in respect of the following call-in notices:-

  • Cabinet 16 December 2013 (Minute 129) – Report Seeking Approval to Consult on the Closure of The Lyndale School
  • Cabinet 16 December 2013 (Minute 140) – Proposals for Changes to School Top Up Payments for Students with High Needs

Minutes to follow”

Now in the “bad old days”, when Wirral Council officers wanted politicians not to thoroughly scrutinise something it would be handed out on the night of the meeting itself and not included with the reports published on the Council’s website a week before the meeting or with the papers sent out to people on that committee.

I did see Cllr Tony Smith ask for (and receive) a copy of the draft minutes in the minutes before the Cabinet meeting started. Councillor Phil Davies said that the Cabinet had been given the draft minutes given to them “this evening” but would any councillor have had the time to read twenty-one pages of minutes before getting to agenda item 15?

“We have left undone those things which we ought to have done”

So why am I going on about all this? It’s unlawful to do things this way and yet politicians (and officers) seem to either in total blissful ignorance about this or do know and are deliberately keeping quiet.

The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 is a law that govern how Wirral Council’s Cabinet meeting is supposed to do things and regulation 6 and 7 are relevant to this particular situation. Oh and this law has been in effect since 10th September 2012. Decision-making body refers to Cabinet and local authority to Wirral Council. I’ve put in bold the particular bits that apply here.

Procedures prior to public meetings

6. (1) The decision-making body must give notice of the time and place of a public meeting by displaying it at the offices of the relevant local authority and publishing it on that authority’s website, if it has one—

(a) at least five clear days before the meeting; or
(b) where the meeting is convened at shorter notice, at the time that the meeting is convened.

(2) An item of business may only be considered at a public meeting—

(a) where a copy of the agenda or part of the agenda including the item has been available for inspection by the public as required by regulation 7 for at least five clear days before the meeting; or
(b) where the meeting is convened at shorter notice, a copy of the agenda including the item has been available for inspection by the public from the time that the meeting was convened.

7. (1) Subject to paragraph (2), a copy of the agenda and every report for a meeting must be made available for inspection by the public—

(a) at the offices of the relevant local authority; and
(b) on the relevant local authority’s website, if it has one.

(2) If the proper officer thinks fit, there may be excluded from the copy of any report provided pursuant to paragraph (1) the whole, or any part, of the report which relates only to matters during which, in the proper officer’s opinion, the meeting is likely to be a private meeting.

(3) Any document which is required by paragraph (1) to be available for inspection by the public must be available for such inspection for at least five clear days before the meeting except that—

(a) where the meeting is convened at shorter notice, a copy of the agenda and associated reports must be available for inspection when the meeting is convened; and
(b) where an item which would be available for inspection by the public is added to the agenda, copies of the revised agenda and any report relating to the item for consideration at the meeting, must be available for inspection by the public when the item is added to the agenda.
(4) Nothing in paragraph (3) requires a copy of the agenda, item or report to be available for inspection by the public until a copy is available to members of the decision-making body concerned.

(5) Where by virtue of paragraph (2) the whole or any part of a report for a public meeting is not available for inspection by the public—

(a) every copy of the whole report or of the part of the report, as the case may be, must be marked “not for publication”; and
(b) there must be stated on every copy of the whole or the part of the report—
(i) that it contains confidential information; or
(ii) by reference to the descriptions in Schedule 12A to the 1972 Act, the description of exempt information by virtue of which the decision-making body discharging the executive function are likely to exclude the public during the item to which the report relates.
(6) Except during any part of a meeting during which the public are excluded, the relevant local authority must make available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.

(7) Subject to regulation 20, following a request made by a member of the public or on behalf of a newspaper and on payment being made of postage, copying or other necessary charge for transmission, a relevant local authority must supply to that person or newspaper—

(a) a copy of the agenda for a public meeting and a copy of each of the reports for consideration at the meeting;
(b) such further statements or particulars, as are necessary to indicate the nature of the items contained in the agenda; and
(c) if the proper officer thinks fit in the case of any item, a copy of any other document supplied to members of the executive in connection with the item.
(8) Paragraph (2) applies in relation to copies of reports provided pursuant to paragraph (6) or (7) as it applies in relation to copies of reports made available for inspection pursuant to paragraph (1).

In fact Cllr Phil Davies (the Chair of the Cabinet meeting) referred to the draft minutes during the Cabinet meeting itself as Cabinet agreed to note “the report”.

“And we have done those things which we ought not to have done;”

Moving onto the actual draft minutes of the meeting on the 27th February to consider the Lyndale School call in, there are many factual inaccuracies in these minutes, which if the above procedure had been followed, both politicians and the public would have had a chance to spot these in advance of the Cabinet meeting.

These draft minutes are now on Wirral Council’s website.

The first error starts even with the list of who was present. A Councillor “A McLaughlin” is incorrectly listed as present which should be “M McLaughlin”. Three years ago when Cllr Moira McLaughlin was Mayor, her daughter Anna McLaughlin was Mayoress but that’s the only A McLaughlin I am aware of.

Moving onto page 2 the draft minutes state in relation to the procedure for the call-in “This procedure had been agreed and adopted by the Committee for this purpose at its meeting on 24 June 2014. (Minute No. 4 refers.)”

As the observant among you will have noticed a meeting on the 24th June 2014 can’t have happened yet! This is wildly inaccurate. Firstly the meeting it’s referring to is the one on the 24th June 2013 which decided “That the procedure be agreed and adopted for managing the present call-in, in relation to the LGA Annual Conference and Exhibition.”, therefore the decision on 24th June 2013 was about a previous call in, not the ones about Lyndale School and how funding is allocated to schools.

Secondly when the call in meeting started on 5th February agenda item 3 was “Procedure for considering a decision that has been called in” which also stated on the agenda of that meeting “The procedure to be used when considering a decision that has been call in is attached. This procedure was agreed by the Committee at its meeting on 3 July 2013 (Minute No. 4 refers).”

On the 3rd July 2013 the Coordinating Committee did agree meeting procedure rules (which then went on to be part of Wirral Council’s constitution) about call ins.

However, moving on… dates and years do seem to be a particular problem. In the bit about the reasons for the call in it’s stated in the last bullet point

  • The resolution of the Council of February 14 2010 and the work done by the Local Authority following this have not been referred to, not even mentioned. This should have formed the context for the present decision.

There wasn’t a Council meeting on the 14th February 2010, this was in fact a Sunday. It should be February 14 2011 and refers to this resolution following a large petition signed by 1,874 people.

Three paragraphs later things are getting confused again, “Councillor Harney reminded the Cabinet that at its meeting on 14 February 2014 the Council had received a petition from the Lyndale School of 1874 signatures asking the Council to develop, as a matter of urgency, a consistent and coherent policy for children with profound and multiple learning difficulties.”

Firstly the date of 14 February 2014 should read 14 February 2011. It’s also written in a misleading way that could imply he was referring to a Cabinet meeting on the 14th February 2014 (when it wasn’t, he was referring to the Council meeting of the 14th February 2011). Although a Cabinet Member (Cllr Tony Smith) was present at the Coordinating Committee meeting to decide on the call ins, Cllr Tom Harney wasn’t reminding the Cabinet, he was reminding the Coordinating Committee.

Moving to Cllr Tony Smith’s explanation of the decision the draft minutes state “Councillor Tony Smith informed that under the Education Act 1996, the local education authority had a statutory duty to ensure that there were sufficient school places in its administrative area and with fair access to educational opportunity to promote the fulfilment of every child’s potential. To do this any future plans had to consider the educational benefits for children, value for money, and the ways schools could develop collaborative practice in the best interest of children.”

Now the way that is written it sounds like Cllr Tony Smith is stating (or at least its implied) that the Education Act 1996 means there’s a legal requirement under this act on Wirral Council to consider value for money. The only reference to value for money in the Education Act 1996 was to Section 23 which did originally refer to local Councils conducting value for money studies on grant maintained schools. However this provision was repealed in November 1999 and anyway Lyndale School is not a grant maintained school. Grant maintained schools was the term used between 1988 and 1998 for a school that had opted out of local government (which in Wirral’s case is Wirral Council) control and instead got their grant directly from central government.

Councillor Smith then goes on in the minutes to describe the “Place plus” system. This (for the financial year referred to) is determined by the The School and Early Years Finance (England) Regulations 2013. However what’s missing from the minutes and is a point that’s very important to mention in all this is the legal requirement on Wirral Council under regulation 19 in respect of the minimum funding guarantee. In a nutshell this legal requirement means that what Wirral Council give a school to spend on education in 2014-15 can’t be less than 98.5% of what they gave them to spend on education in 2013-14.

There is however a caveat in the regulations, part (4) of Regulation 19 states “(4) A local authority may make changes to the operation of this regulation and to the operation of Schedule 4 in determining and redetermining budget shares where authorised to do so by the Secretary of State under regulation 25 (Alternative arrangements).”

As far as I know Wirral Council have asked the Department for Education for an agreement that the the minimum funding guarantee requirements don’t apply to them, but I don’t know if they have received a response back yet (although the Schools Budget for 2014-15 makes the assumption this consent is given).

Over three weeks ago I made this Freedom of Information Act request to the Education Funding Agency for details of Wirral Council’s application to the Education Funding Agency for permission that the minimum funding guarantee doesn’t apply and the Education Funding Agency’s replies to Wirral Council. I expect a reply to my Freedom of Information Act request in the next week.

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Budget Council speeches from the three party leaders on Wirral Council

Budget Council speeches from the three party leaders on Wirral Council

Budget Council speeches from the three party leaders

                                                  

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Cllr Phil Davies’ (Labour Leader) budget speech starts at 6:27. Cllr Jeff Green (Conservative Leader) speech on the budget begins at 20:00 and carries on into the next video.

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Cllr Jeff Green’s (Conservative Leader) budget speech starts at 0:01. Cllr Phil Gilchrist’s (Lib Dem Leader) speech on the Lib Dem budget starts at 1:20.

Cllr Phil Davies said, “Thank you Mr. Mayor. Mr Mayor, we need tonight to set our budget for next year in perhaps the most difficult set of circumstances this Council has ever faced. Mr Mayor in his five years in power David Cameron will have cut funding to local government by 40%, by the end of 2016 this Council’s main revenue grant will have been cut by over 50% since 2010. This is a huge reduction and the government has hit the most disadvantaged areas the hardest, Mr Mayor this is a scandal.

The most deprived areas are shouldering the greatest reductions in government funding while some of the wealthiest areas will find themselves better off. Mr Mayor this financial year the Prime Minister’s own local authority of West Oxfordshire, one of the least deprived areas in the country actually received an increase in its spending power while some of our most deprived areas on Merseyside are dealing with the most significant reductions.

The consequences of this policy have been devastating. Local services decimated, massive job losses, councils predicting imminent bankruptcy, some actually saying that they may be unable to guarantee their ability to provide even statutory services and at a time when so many people are struggling with rapidly escalating energy bills, prices rising faster than wages and benefit cuts David Cameron is refusing to rule out cutting the top rate of tax yet again. This
affair is absolutely shameful.

If the last four years have taught us anything it’s surely that we need a government which governs for the many, not the few and in terms of local government we need a government that distributes funding in a fair way and a Secretary of State that treats hard working councils and councillors who do their best to serve their residents with respect not contempt.

Mr Mayor, when my party took over the administration of this Council in May 2012 we faced a hugely challenging set of circumstances. We inherited a set of bad budgets and bad debts culminating in a £17 million overspend inherited from the previous administration.

Government cuts of £109 million over three years cut off a third of our net revenue budget. Growing demand for many of our services as a result of demographic change, factors such as an aging population and an organisation with poor corporate governance, weak management and a silo mentality.

Mr Mayor, I’m proud that through the hard work of Members and officers supported by external experts on our Improvement Board Wirral is one of the fastest improving councils in the country and we’ve put the Council’s finances on a firm footing to such an extent that the latest financial monitoring statement from the Director of Resources reports that the Council has an underspend of £982,000.

Mr Mayor our approach to the budget setting has been to use our overarching goals attracting jobs and investment, protecting vulnerable people & communities and narrowing the gap in inequalities as our key priorities in shaping our budget. I am proud of the fact that we’ve listened to our residents in framing our budget proposals. The What Really Matters exercise we conducted last year, one of the largest consultations in the country genuinely influenced our decisions on budget options that we proposed to Council last December.

However I will not deny that we’ve had to make some difficult decisions £48 million of cuts this year, £27 and a half million next year. I’ve said many times that I did not come into politics to make cuts and if I was given a choice of course I would not wish to cut any services. However given that 85% of our incomes comes from central government we are in the invidious position of having to make these decisions in order to set a legal budget. But let me make one thing clear Mr Mayor in spite of what the opposition may say, responsibility for these cuts that we’ve had to make on this Council lies squarely at the door of this Tory/Liberal Democrat coalition government and the parties opposite should be ashamed of what they’ve done to Wirral and this country.

Mr Mayor if I can now turn to our budget proposals, I’m pleased there is consensus around at least a number of items in the Labour Budget. The £7.6 million of growth in measures to support older people, younger people with learning disabilities and adoptions and special guardians. £1 million to enhance early intervention, £2 million invested in upgrading Europa Pools, Guinea Gap and West Kirby. I’m pleased that we’ve been able to use £400,000 from the waste development fund to reinstate monthly cleansing of entries and I’m also pleased that we’ll be continuing our funding commitment to constituency committees over the next year.

I’m pleased that we’ll ensure the Williamson Art Gallery can operate while the action group which has been looking at new ways of delivering this valued facility and finalising its business plan and I’m also pleased at being able to provide reassurance that no funding will be withdrawn from school crossing patrols where agreement cannot be reached with schools.

With regard to our staff I’m pleased that we were able to maintain a generous voluntary severance scheme, I’m also pleased that under this Labour administration this Council became a living wage Council last year and I now want to go further and I want Wirral to become a living wage Borough.

Mr Mayor I think it’s a shame that yet again the Conservative Group in their amendment is attacking our staff by deleting the funding for full time trade union officials. I have said many times that trade unions play a vital role in achieving good industrial relations and working with trade unions in partnership is the sign of a progressive organisation.

Mr Mayor with regards to next year’s council tax I’m pleased to announce that we will freeze the council tax in 2014/15. Providing the government doesn’t change the rules we also aim to freeze the council tax in 2015/16. We’ve been able to do this because the government have been forced to change its policy in response to the lobbying that this Council and others that the freeze grant should be built into the base budget.

Well let me make it clear Mr Mayor the freeze grant of £1.3 million whilst welcome, pales into insignificance against the £120 million which this government has cut from Wirral Council’s budget and if the government is really serious about helping councils like Wirral they should reimburse the lion’s share of this £120 million.

Mr Mayor, the council freeze will I believe will help all residents of the Borough. We will not impose an extra burden on council tax payers, hopefully for the next two years. We will continue to provide a discount to the vast majority of pensioners and we are putting £300,000 into the budget to ensure the poorest in our communities don’t pay more following the government’s disgraceful cut to council tax benefit.

Mr Mayor, these measures are important, but in contrast to the Tory amendment which proposes a series of largely short-term one off spending commitments, this administration is also proposing a £1.5 million house building program funded by a mixture of in year underspends and borrowing to kick start housing in those areas of the Borough which have lost out after the housing market renewal program was so callously cut by a stroke of Eric Pickle’s pen, an absolute disgrace.

Mr Mayor, the leader of the opposition is wrong to claim that Magenta Living could fill this gap. Official projections indicate we need to build around about six hundred new houses each year for the next five years. Magenta’s program will only be sufficient to meet a small proportion of this need and much of their new build will be a need to replace units that they have demolished.

Our program will generate a hundred new homes with the potential for substantially more. It will benefit future generations of residents long after this budget has been passed. It will create a significant number of new jobs and apprenticeships for our young people, most importantly because we know there is a strong link between good housing and good health it will contribute to reducing the gap in life expectancy, a key problem which has blighted Wirral for far too long.

Mr Mayor, in conclusion given the background I outlined earlier, this has been perhaps the most difficult budget I’ve been involved in setting. I would remind Council we still have a huge financial challenge ahead of us. We need to achieve additional savings of £44 million over the next two years and the remodelling work which was discussed at the Members’ seminar last week at the Floral Pavilion is essential if we are to deliver these savings and continue to provide good quality services.

Mr Mayor I think it’s essential that we continue to lobby the government to rethink the grossly unfair way in which it distributes funding to councils. I have to say I find the Tory Group’s proposal to withdraw from membership of SIGOMA, an organisation which has spoken loudly in favour of local government to be deeply, deeply cynical.

Mr Mayor although we’ve had to make some difficult I’m proud we’ve put the Council’s finances on a sound footing and we are helping all households with the council tax freeze in 2014/15 and hopefully the year beyond. We are putting extra money into the budget to meet our demographic growth, we are giving additional help to pensioners, the long term unemployed and attracting new jobs and investments. We have listened to and acted on the views of our residents. Crucially our house building program will leave a lasting legacy for future generations.

Mr Mayor this is a budget to be proud of, it’s a budget of a progressive Council with a clear vision for the future and a commitment to social justice and I commend it to the Council.”

Cllr Jeff Green said, “I will of course be brief Mr Mayor.

Mr Mayor, firstly let me say how much I welcome and I’m sure this is shared by the entire Council the fact that the Coalition government’s economic policies are working and the UK economy is now growing faster than any other major European economy. Businesses have created 1.6 million new jobs and unemployment has come down sharply. I’m sure we will also welcome the fact this government has allowed hard working people by amongst other things cutting income tax for the typical taxpayer by £590, giving a saving of £360 on petrol and of course freezing council tax.

Mr Mayor, what a difference to the economic mess the government inherited when they came to power. Labour had maxed out the national credit card, doubled our national debt and taken us to the brink of bankruptcy. They left Britain with the biggest budget deficit in the developed world and in our own peacetime history borrowing £1 in every four we spent resulting in payments of £120 million every day just to cover interest.

So Mr Mayor even the local Labour party must now admit bearing down on public spending was and remains an absolute priority for any sensible government. Even if the Leader of the Council over eggs the pudding somewhat by claiming that by 2016 we will have seen our overall budget halved since austerity measures were introduced. I’m sorry Mr Mayor that’s not over egging as I suggested, it is in fact utter tosh.

Mr Mayor let me be clear whilst I regret that sending grant to the government last year I do welcome the fact that the administration have swallowed their pride and have last decided to freeze council tax even if they’ve been brought to this point kicking and screaming.

I am however Mr Mayor disgusted that the only people who’ll see an increase in the direct contribution they have to make to Wirral services are pensioners. Given that the Labour administration have retained their cuts to pensioner discount and removed it completely from some without any recognition of their means.

Mr Mayor this is completely unfair and I’m delighted that if our amendment is passed tonight we will right this wrong. We also note that by their own hands the Labour administration increased the cost of living for the average family by £295.51 since April 2013. Therefore we demonstrate how the cost of living burden can be reduced by reverting to the pre April 2012 car parking charges, reinstating a year round free after three parking initiative, halving the charge for residents for garden waste collection and freezing for one year at its current level Wirral Council tax fees and charges.

We’ve also been able to find resources to ensure that funding meant for the education of Wirral school children is not diverted to pay for the Council’s responsibility to provide school crossing patrols. Now let me just be clear because I did check on this particular point as I do on them all of course and that was made very clear that whatever the warm words of the Leader of the Council no move has been made to put that money back into the budget and that cut remains in place.

Mr Mayor it also allows the street lights back on, increase the level of dog fouling enforcement, invest £1 million for an immediate programme to repair pot holes and improve Wirral’s roads and pavements and maintain our commitment to early intervention and Children Centres in the sure knowledge that failure to support young families in the early years will cost Wirral Council and taxpayers in the long term.

So Mr Mayor, how are we going to find the resources to reduce the cost of living burden and reverse some of Labour’s more baffling cuts? Well we’ve looked to find savings where any hard working Wirral family who could scrutinise the Council’s budget would expect cutting back on the cost of ourselves, leaning the Council bureaucracy, cutting out duplication and being more ambitious to transform the entire Council.

How on earth can the current administration justify an alternative support to councillors budget, spending £130,000 on paying for trade union officials, a Council press, marketing and design department of twenty posts, spending £1.9 million on items that are duplicated elsewhere in the Borough when cutting children’s centres, school crossing patrols, switching off street lights and making pensioners on fixed incomes pay for the privilege?

I also believe that with immediate action to increase the focus, ambition, discipline, rigour, risk management and improving accountability for the transforming Wirral Council change project can deliver increased cash benefits this year. Although I believe the current approach being adopted by the Leader of the Council does carry the risk of breaking any political consensus around the structural changes required be all Council led.

The fundamental question whose money is the administration seeking to spend? As Conservatives we believe the money earned by hard working people should be spent by them on their ambitions and aspirations themselves alone and only taken from them in council revenue or other sorts of tax when it’s absolutely essential.

Mr Mayor, if this budget amendment is passed tonight it will restore the safety of Wirral’s children and families, result in a 0% Council Tax increase for all Wirral residents, retain the pensioner’s discount in full, directly reduce the cost of living for hard working Wirral families and prevent the Council raising stealth taxes via its fees and charges, improve recycling, start the process of repatriating loans given out at bargain basement levels of interest to other Councils and I believe when that resource comes back it should be used to pay down the current levels of debt and maintain the entire Council’s commitment to a sustainable budget. Mr Mayor I commend our amendment to the Council.”

Cllr Phil Gilchrist said, “Thank you Mr Mayor. Perhaps if I just deal with the last point that was raised because last July I made enquiries about this loans situation and I’ve made more enquiries since. What puzzles me is that Councillor Green has included the whole amount that’s out on loan in his commentary at the same time we actually have earned £482,000 on the loans that have come back and we expect to get £238,000 on the loans that are still outstanding so I am cautious about the claims about the loans.

We have the money, it’s a bit like Father Ted. We have money resting in our account and the Council chose to invest it. We didn’t get as much as we’ve had in the past but at least the investments have produced some income and therefore that is to our health. So I was disagreeing with the interpretation of that.

Now I will turn to other things. I’ll try to be consistent and helpful as ever if I may. In December my colleagues and I welcomed some things and disagreed with others.

We welcomed the fact that we row over the country parks and Council charges, we welcomed new appreciation and concern about gritting among other things, while we continue to highlight our worries about a reduction in street lighting and what we saw as the threat, the idea that schools should pay out of money that they want to spend on education for school crossing patrols which we’ve always seen as a Council service.

Now we’ve highlighted this in December that if a school was running a tight budget or had concerns, we did not wish the school to have to chose between say a teaching assistant or some extra hours for staff and a school crossing patrol. Education was education in our mind and school crossing patrols were a separate service funding by the council payers and not the schools budget. So we continue to raise concerns about that.

I don’t agree with the description about the bad debts and bad budgets. These were things we’ve all known about for about ten or twelve years. It’s just that again year after year when we’ve debated the budget and argued about £2 or £3 million, that underlying problem which was known to senior Members was somehow glossed over and when a total look was taken at it and a clear long look by people who were less close to it, they said this genuinely is a problem and we accepted that and we do agree with the criticisms about us being in a silo culture.

Comments have been made about our Council against others and it is not me that says there’s a problem but Sir Merrick Cockell, Chairman of the Local Government Association who says that the next two years will be the toughest yet for people who use and rely on the vital everyday local services that councils provide. So it’s accepted by Conservatives in local government nationally the problem in the same way that I accept there’s a problem here and I know that the Leader of the Council and I have many warm words to say about North Dorset.

In North Dorset they’ve decided to increase Council Tax by 1.99%. Their budget is a fraction of ours, their tax on their ratepayers is £111 in Band D. It’s not the same kind of Council and I have to say that the Lib Dem Leader of that district said that although it’s like putting a sticking plaster on a gaping wound, this small increase is our only chance of keeping central service going with further savage cuts to government funding the year ahead will not be pleasant. That’s the Lib Dem Leader of a Council that is run by the Tories.

The picture we present is actually more realistic than this strange portrayal that everything’s wonderful elsewhere. In fact in Surrey the Tory Leader’s talking about a black hole in their finances and he’s putting his council tax up by 1.99% because he believes he’s got a black hole in his finances and North Somerset I looked at, they’ve freezed theirs but they’re talking about the council facing a continued reduction in government funding at least until 2018 and the biggest challenges are yet to come. We too face the biggest challenges yet to come because it get’s more difficult and my colleagues and I understand that. In fact a phrase doing the rounds in our party at the moment is ‘it’s grim up north’ which you’ll probably have more to say in a few weeks.

I didn’t quite catch what the Leader said but there are key things we believe we can fund and replace. We believe that the lighting that should be the subject of an investment program. I go along the roads and I look at the lights that are off, I don’t whether the light’s off because it’s failed, a fuse has been pulled out, the bulb’s gone, Manweb haven’t been able to connect the service up or some other fault and out there the electorate are even more, if I’m confused then people out there are even more concerned and confused because there are lights off in various places and nobody knows really knows whether it’s an official light off that we’re saving money on or one that’s supposed to be on because as I understand it when Members have objected to lights being off an officer’s had to go out and find some other fuse to pull to turn another light off to keep within the savings. So it’s a hit and miss approach which we disagree with and we believe there should be investment.

Finally I do want to look ahead and I know I didn’t catch what Councillor Davies said but I do look around and I look at what Councillor McMahon is saying in Oldham, it’s a few weeks since he said that he was going to have a freeze. He says, ‘On too many occasions we claim to present our case effectively both within our parties and within the media allowing ourselves to be characterised as prophets of doom or advocates of the old ways.’ It’s contained in last week’s councillor magazine which I probably got in the post so I do look at the wider world but I also look at the world as it is, not as the world as I might like it to be at.

I look at the worries that the leaders express, I look at the world Cllr Green describes. Yes I see an improvement in the economy, I see better employment, I see all those things and I think we’ve got to get from now to 2015/16 as we try and get stability and try and improve.

Finally I’ve listened to the upset comments coming from Labour colleagues behind me but I do read this document Labour’s zero based review. There isn’t a promise of you know this hall of plenty, that there isn’t. Mr Balls is saying that there is a problem. He accepts the problem if he’s going to make change if he were there. If he was there, if he was in that situation he’s made it clear not much is going to change from their first year or so. So we need to get from now, building stability, make all those savings that are underway with neighbouring authorities those shared services.

We don’t accept that the Tory target of boosting the £9 to £11 million for shared services is achievable yet. We haven’t seen the way things are going to work in practice. We have reservations about the budget some of which we raised last year about the youth services and youth zone and something squeezed but we have concentrated tonight on the key things that we think things are going wrong that could be readily put right and we think the Council would be wise to accept those changes. Thank you Mr. Mayor.”

When it came to the voting (much later in the same meeting), only Labour’s budget received enough votes to be adopted as Wirral Council’s budget for 2014/15.

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Will contingency in Labour’s 2014/15 Schools Budget be enough to fund outcome of Lyndale School call in?

Will contingency in Labour’s 2014/15 Schools Budget be enough to fund outcome of Lyndale School call in?

Will contingency in Labour’s 2014/15 Schools Budget be enough to fund outcome of Lyndale School call in?

                         

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The item on the Schools Budget starts at 21:54. I include a transcript below of what was said during this item. The Schools Budget (2014/15) is a recommendation from Cabinet to the Budget Council on the 25th February. This is two days before the Coordinating Committee meets to decide on the call ins on consulting on closing Lyndale School and the top up payments for schools.

Surjit Tour towards the end states that the proposed budget includes a contingency “to meet any potential financial implications that may arise as a result of the forthcoming call in hearing”, however as the Coordinating Committee hasn’t met and made decisions on the call ins yet how can the financial implications be quantified?

7. Schools Budget
Cabinet (13th February 2014)

The report for this item can be read by following this link.

Cllr Phil Davies: The key item there is the Schools Budget for 2014/15 and Tony you’re going to introduce this? Thank you.

Cllr Tony Smith: Thank you Chair. Thank you. This is the Schools Budget for 2014/15. The Schools Budget report which you have summarises the main factors that have been taken into account in setting the Schools Budget of £240 million for 2014/15.

The overall funding for pupils aged three to sixteen is maintained in cash terms. In addition the budget contains a small amount of growth for schools.

There’s funding for the further expansion of two year old provision from September 2014 and for the full year effect of high needs costs for 4-16 students. Some details for academies for high needs have still to be finalised and the Schools Budget will be updated with this information when this information is available.

The Schools Budget report was considered by the Schools Forum on the 21st January. The Forum agreed the recommendations listed in paragraph 2.1 of this report and that said that the dedicated schools grant funding the Schools Budget for maintained schools and academies is approved at the sum of £240,058,000.

The headroom of £1,215,100 which is detailed in paragraph 4.6 is allocated within the formula to all schools and early year providers. The high needs contingency totalling £908,900 is agreed.

A reduction in planned programmed maintenance, PPM, of £200,000 is agreed. Use of the dedicated schools grant reserve totalling £732,000 in setting the Schools Budget is agreed and the remaining balance for automatic meter readers reclassified as a reserve for installation of defibrillators.

An additional recommendation is also made in respect of the funding for school’s private finance initiative. The Council currently adds £2.6 million to the ring-fenced Schools Budget in respect of the PFI funding gap.

£2.3 million of this Council funding is an agreed saving in 15/16 and the remainder is protected at this time. This proposal is to reduce the Council’s funding for PFI by £600,000 in 14/15 … 15/16.

The 14/15 Schools Budget has already been submitted to the Education Funding Agency (EFA) and is finalised. However there is a £1 million approx schools budget carry forward from 13/14 to 14/15 which can be used to compensate for the £600,000 funding gap.

The schools therefore will receive the same budget for 14/15 as planned. I’ve got a resolution Chair which I’m putting forward. “Council regrets that due to its financial challenges it is unable to fund in full the PFI affordability gap for 14/15 and will reduce the Council contribution to the Schools Budget by £600,000 to £2 million. Officers are instructed to take appropriate actions in respect of the 2014/15 Schools Budget.” That’s the resolution.

Cllr Phil Davies: Thanks Tony, I’m just going to ask Surjit to just say a few words about one particular element of this Schools Budget, Surjit.

Surjit Tour (Wirral Council’s Head of Legal/Member Services): Thank you Chair. Queries have been raised with regards to whether there is an impact on the outstanding call in, in relation to the Schools Budget which may have a direct impact.

One of them in particular is the proposals for changes to the school’s top up payments for schools with high needs. Members will be aware that the matter is to be considered by the Policy and Performance Coordinating Committee on the 27th February. The position with regards to the proposed Schools Budget is that it includes a contingency provision and that provision is considered sufficient to meet any potential financial implications that may arise as a result of the forthcoming call in hearing and therefore you can agree the, the proposed budget is both sufficient and sufficiently flexible to address any potential implications that may arise and that therefore means that the budget can be proposed to Council forthwith.

Cllr Phil Davies: OK, so Tony Smith’s moved the resolution that we all heard. Can I ask can we agree that recommendation?

Councillors: Agreed.

Cllr Phil Davies: OK thank you very much, thank you Tony. Right OK, thanks very much for that Tony.

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Have the “bureaucratic machinations” returned to Wirral Council?

Have the “bureaucratic machinations” returned to Wirral Council?

Have the “bureaucratic machinations” returned to Wirral Council?

                         

Labour's Cllr Tony Smith (Cabinet Member for Children and Family Services) explains at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School
Labour’s Cllr Tony Smith (Cabinet Member for Children and Family Services) explaining at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School

Following yesterday’s blog post Surjit Tour emailed councillors (and myself) with his advice. My two replies to his advice are below. We’ll see what happens next.

from: Tour, Surjit surjittour [at] wirral.gov.uk
to: john.brace [at] gmail.com

cc: “Davies, Phil L. (Councillor)” ,
“Smith, Tony A. (Councillor)” ,
“Foulkes, Steve (Councillor)” ,
“Brighouse, Alan (Councillor)” ,
“Hodson, Andrew C. (Councillor)” ,
“Harney, Tom (Councillor)” ,
“Green, Jeff E. (Councillor)” ,
“Gilchrist, Phil N. (Councillor)” ,
Cllr Ian Lewis ,
“Povall, Cherry (Councillor)” ,
“Williams, Patricia M. (Councillor)” ,
“Burgess, Graham” ,
“Roberts, Andrew D.”

date: 11 February 2014 17:42
subject: RE: Cabinet (12th February 2014) Agenda Item 7 Schools Budget 2014/15 and call in of Cabinet minute 140 (proposals for changes to school top up payments for students with high needs)
mailed-by: wirral.gov.uk

Dear Mr Brace

Thank you for your email.

In the event that the Schools Budget is approved at the Council meeting on 25 February, that does not preclude any action that may or may not arise as a result of the call-in hearing scheduled for 27 February being followed through.

Paragraph 4.6.5 of the Schools Budget Report outlines the purpose of the SEN Top Up Contingency, one of which is:

“Any unforeseen consequences arising from the implementation and review of High Needs Top Ups.”

The call-in therefore remains a valid issue to be determined.

Yours sincerely

Surjit Tour
Head of Legal & Member Services
and Monitoring Officer
Department of Transformation and Resources
Wirral Metropolitan Borough Council
Town Hall
Brighton Street
Wallasey
Wirral
CH44 8ED

Tel: 0151 691 8569
Fax: 0151 691 8482
Email: surjittour [at] wirral.gov.uk

Visit our website: www.wirral.gov.uk

First reply (to same recipients as above)

Dear Surjit Tour,

Thank you for your email. You are right that the report to Cabinet states at 4.6.5 “Any unforeseen consequences arising from the implementation and review of High Needs Top Ups” and imply in your email that this “review of High Needs Top Ups” refers to the call in meeting on the 27th February.

This is also what was stated at 2.6.5 in the report that went to the Schools Forum meeting of the 22nd January 2014 (agenda item 4 Schools Budget Report 2014/15) published on the 17th January 2014 (see
http://democracy.wirral.gov.uk/documents/s50016401/Schools%20Budget%20Report%202014-2015.pdf ).

That report was published one day after it was decided at Cabinet (minute 140) on the item Proposals for Changes to School Top Up Payments for Students with High Needs that “the Special Schools Contingency is used to support specialist provision facing financial difficulties (amendment to the second sentence of recommendation 3)” (a decision that was called in).

Therefore

a) the special schools contingency existed in a report before the item was called in and
b) is part of the decision at the 16th January Cabinet that was called in.

Bearing this in mind, perhaps this explains to you my view that the schools budget report going to Cabinet tomorrow contains elements of a decision that have been called in.

Finally, as the line “Any unforeseen consequences arising from the implementation and review of High Needs Top Ups” existed in a report to the Schools Forum before this item was called in, it therefore cannot be referring to any decision arising from the call ins or the call in meeting.

Yours sincerely,
John Brace

2nd reply (same recipients plus Emma Degg also copied in)

Dear Mr Tour (and others),

In order to make my views crystal clear I will outline a few different scenarios that will result should the Schools Budget for 2014/15 be agreed by Cabinet this evening and referred to Budget Council on the 25th February 2014.

Scenario 1

All members of the Coordinating Committee deciding the call ins are also members of Council. They each vote on the budget (including the schools budget), voting on an identical budget & policy to the decision which has been called in. This year because of a change in legislation it will be done as a card vote. The press will report how politicians voted and this information will be known by the public on the 26th. Some people will therefore think that when councillors meet again on the 27th that they have already made their minds up and that whatever happens at the Coordinating Committee they will vote the way they did 48 hours previous to the meeting.

It will be seen as predetermination of the call in matters at best and a prejudicial interest at worst. The constitution describes the Coordinating Committee as an overview and scrutiny committee and the Code of Conduct has this to state on such matters:

12. In relation to any business before an overview and scrutiny committee of the Council (or of a sub-committee of such a committee) where –

…….

12.3 that business relates to a decision made (whether implemented or not) or action taken by you (whether by virtue of the Authority’s Constitution or under delegated authority from the Leader):

You may attend a meeting of the overview and scrutiny committees of the Council or of a sub committees of such a committee but only for the purpose of making representations, answering questions or giving
evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purposes, whether under a statutory right or otherwise.

In other words, voting at Budget Council two days before the call ins is seen as according to the Code of Conduct as generating a prejudicial interest that would prevent councillors voting at the
Coordinating Committee.

Scenario 2
The Schools Budget is referred to Budget Council. Councillors on the Coordinating Committee declare a prejudicial interest in the vote on the schools budget by virtue of the call in and don’t participate in that part of the Budget setting process.

Scenario 3
The Schools Budget is decided at the reserve budget meeting after the Coordinating Committee decides the call ins (which would seem to be the most sensible option).

Finally, I will point out that officers re tabling identical proposals (that have been called in but not yet decided) is certainly not a good idea as it puts councillors in the difficult position as outlined above. I’ve made my position clear that the constitution states “and no action will be taken to implement the decision until the call-in procedure has been completed.”

Do you genuinely believe that the Cabinet making a decision to recommend the Schools Budget to Budget Council, with identical proposals in it to that which have been called in is complying with this part of the constitution? Is the Council’s constitution just being ignored or do you just have a massively different interpretation on words whose meaning would seem crystal clear to me?

I hope you reconsider and to avoid the above scenarios happening and advise Cabinet that the schools budget would be best decided at the reserve Budget Council meeting after the call in meeting has met and reached a decision on the call ins.

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