Councillor Paul Hayes “The aspiration should not be for imitation for the Lyndale School, we have the real thing”
Councillor Paul Hayes “The aspiration should not be for imitation for the Lyndale School, we have the real thing”
On the day that Wirral Council fires the starting gun in the local elections with the publication of the notice of election giving candidates until 4pm on Thursday 9th April to submit their nomination papers, I thought it would be good to look back at an issue that has divided the political parties on Wirral Council which was the decision to close Lyndale School.
When Wirral Council met last month to decide its budget for 2015/16 the Conservatives submitted an amendment to Labour’s schools budget. As the amendment was short I will repeat it here:
The Lyndale School
Council recognises the unique and caring environment provided by The Lyndale School to children with profound and multiple learning difficulties. Council acknowledges the value of this facility and affirms its belief that such provision should remain at The Lyndale School.
Council, having regard to the overwhelming support given to the campaign to keep The Lyndale School open by the public of Wirral recognises that The Lyndale School should remain open and wishes to bring to an end the anguish and uncertainty that has been heaped on pupils and their parents and carers throughout this whole sorry saga.
Accordingly, Council requests Cabinet to issue a Revocation Notice to consult on proposals to stop all current and planned action being taken to close The Lyndale School immediately. Should this be approved, Cabinet is further requested to instruct officers to commence negotiations with the Schools Forum and other relevant stakeholders in relation to the High Needs Funding Formula so as to identify and secure adequate funding to enable The Lyndale School to remain open from 1 April 2016. The revised High Needs Funding Formula shall be expressly detailed in the Schools Budget for 2016/17.
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Councillor Paul Hayes speaks about Lyndale School 24th February 2015
Here’s what Councillor Paul Hayes had to say on the Conservative amendment to the Schools Budget:
Mr Mayor, tonight we will expect the usual debates on the principles of budgetary principles for the Council and how we prioritise taxpayers’ money to deliver services, but the fact is Mr Mayor this issue, the Lyndale School is not about money. So much has already been confirmed throughout this entire process both by the Cabinet Member and by council officers.
Mr Mayor, this is about, this isn’t about cuts from above, it’s about choices on the ground, choices in this Town Hall and in this Chamber this evening. It’s about how you choose to care and educate for some of the most vulnerable children in our community, children with some of the most profound and multiple learning difficulties and Mr Mayor surely there can be no doubt that the excellent caring and learning environment provided to the children of Lyndale School for so long should continue to be done so at the Lyndale School in Eastham.
The aspiration should not be for imitation for the Lyndale School, we have the real thing, right here in Wirral. Surely Members will join me in the fight to keep it?
Mr Mayor, the Council needs to listen to the real experts in this issue, the parents, the staff and the carers of the pupils of Lyndale. These families who have stood steadfast in defence of this excellent school. We shouldn’t be blindly accepting the views of an expert consultant who charged us £10,000 for the benefit of her advice and as I’ve learned today an extra £500 when called to give evidence at the call in.
Mr Mayor, the Lyndale campaign was of course and as we’ve heard tonight from other Members been recently boosted by Dawn Hughes and her daughter Ellie, I know that Dawn is in the public gallery this evening. She secured backing of a tribunal in her battle to keep Ellie at the School which gives her so much security and comfort.
Mr Mayor, if a learned and I’m sure very distinguished tribunal judge and its two lay panel members recognise the uniqueness of Lyndale School and the real harm moving children from this environment would cause then why can’t Wirral Council?
Mr Mayor, I know some of the Labour Members are very uncomfortable with the decision to close Lyndale School. I appeal to them to make their votes count tonight. This amendment, this second amendment does not put the Labour Budget at risk, it corrects an appalling decision which should never have been made and it halts the anguish which has been caused upon some of the most vulnerable families in our society. I know that it’s difficult to vote a different way to friends and colleagues in the same group and I should know as I’m probably going to do that at item 7a.
However Mr Mayor, this is too much of an important issue to be decided on imposed party whip or as Councillor Sullivan alluded to the block vote. I note that neither the Leader of the Council nor Councillor Tony Smith (the Cabinet Member) have mentioned the Lyndale School in their contributions earlier. I hope Members will not forget Lyndale amongst the political wrangling of tonight and vote to keep this crucial and vital school community.
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Why are Wirral councillors trying to kill off press freedom by a new public meetings filming ban?
Why are Wirral councillors trying to kill off press freedom by a new public meetings filming ban?
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Video of the Standards and Constitutional Oversight Committee from 3rd March 2015, the item on filming starts 43 seconds into the meeting
Surjit Tour (Monitoring Officer at Wirral Council) gives councillors his opinion at the meeting that he doesn’t think the draft policy banning filming breaches the Human Rights Act 1998 3rd March 2015
Last night councillors (as you can see from the video above) on Wirral Council’s Standards and Constitutional Oversight Committee agreed to bash the final nail in the coffin of press freedom to report on public meetings of Wirral Council and recommended to all councillors at the next Council meeting on the 16th of March that press freedom remain dead and buried (that is they recommended a draft policy on the reporting of all public meetings of Wirral Council).
Labour councillors on the Standards and Constitutional Oversight Committee last night repeatedly prevented any discussion by opposition councillors on the controversial subjects of the closure of Lyndale School and library opening hours. If councillors from the ruling group can’t respect and listen to viewpoints they may not agree with, how can democracy actually function at all on Wirral Council?
The draft policy (if approved by Council) will mean that at the start of the meeting the Chair will ask anyone if they have any objections to the meeting being filmed. If someone does object the Chair will stop the meeting being filmed. However any legal powers Chairs may have had to stop filming of public meetings were repealed by the Openness of Local Government Bodies Regulations 2014 last year.
The policy goes much further and states a ban on editing filming, photography or recording of a meeting that could cause “reputational harm”.
Wirral Council seem to not recognise the importance of the independence of the press and councillors on the Standards and Constitutional Oversight Committee don’t seem to think there is anything wrong with this policy.
If you’re from the Wirral and would like to make your views known to your local councillors ahead of the Council meeting on the 16th March, their contact details are on this page. As emails to councillors are no routinely filtered, I would suggest phoning or writing by mail.
Wirral Council’s Cabinet disagree with Lib Dem concerns over how the Lyndale School closure decision was made
Wirral Council’s Cabinet disagree with Lib Dem concerns over how the Lyndale School closure decision was made
Cllr Phil Gilchrist explains his concern about the Lyndale School closure decision at a public meeting of Wirral Council’s Cabinet 15th January 2015
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Cabinet – item 7 – Notice of Motion – The Corporate Plan’s Ideals in Practice
The mundanely titled motion The Corporate Plan’s Ideals in Practice was put forward for debate by two Lib Dem councillors at the Council meeting of the 8th December 2014. However no debate had happened then and it had instead been referred to Cabinet. The notice of motion was mostly about the closure of Lyndale School and how the decision had been made.
Cllr Gilchrist’s criticisms of how the decision had been made ranged from questions the parents had submitted in March 2014 which had not been answered, the way the consultation meetings had been chaired, how what was said at the consultation meetings had then been reported back to Cabinet, the imbalance between the financial resources of the Council compared to the financial resources of the parents to challenge the decision and the consultant’s report on the SEN Improvement Test (amongst other points he made).
Cllr Phil Davies responded that he had read that there might be a legal challenge so he asked Mr. Tour for advice. Surjit Tour said that they hadn’t received notification of a claim or a claim itself, but that a decision had been taken by Cabinet about the Lyndale School. He advised that councillors not to speculate in response to the specific points about the potential claim, bearing in mind that they were on notice that there may be a potential claim. Mr Tour asked them to stick to the Corporate Plan issues and engagement issues.
The Cabinet Member, Cllr Tony Smith thanked Mr Tour for his advice. He outlined the history of the decisions on Lyndale School, the consultation meetings and the visits councillors had made. The “significant amount of correspondence” on many issues about Lyndale School was also referred to by Cllr Smith, so was the consultant’s report and the equality impact assessment.
Cllr Phil Davies responded by saying “I do believe that we were faithful to our principles in listening to people. Phil can I just remind you that listening to what people say doesn’t always mean you have to agree with them?” He said he had read the report of the parents, visited Lyndale School, met with the parents and he repeated that he believed the Cabinet had listened but that they “came to a different conclusion than you did Phil but that doesn’t mean to say we didn’t listen.”
He said the decision was based on “sound evidence and thorough analysis” and that “we did understand what the community was saying to us”. Cllr Davies believed that they had been faithful to the principles in the Corporate Plan and that that was the Cabinet’s response.
Not unsurprisingly Cllr Gilchrist disagreed with whether the analysis had been thorough, he also pointed out that there had been issues about the creation of the funding formula and its application across various schools, but as the issue was “parked” he’d see what the outcome would be.
Cllr Phil Davies felt that they’d met the requirements, and whatever happened in the legal case they’d need to respond to that “in due course”. He thanked Cllr Phil Gilchrist for his attendance.
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Looking back to 2014 on this blog at the 3 most popular stories for each month
Looking back to 2014 on this blog at the 3 most popular stories for each month
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
The lists below are of the top three most viewed stories in each month in 2014. To be selected each story also had to be published in that particular month.
The year started with a look at why Martin Morton had called on Cllr Pat Williams, Cllr Moira McLaughlin and Cllr Denise Roberts to resign. I also published the accounts for Birkenhead Market Limited (who lease Birkenhead Market from Wirral Council) and a letter gagging Councillor Gilchrist.
After the Merseytram matter hit the buffers, Merseytravel was left with property that it didn’t want or need. The first story is about what happened when they tried to sell it off. The second story is the first about Lyndale School and how when the first Cabinet decision got called in, the call in committee had to ask Council to add extra people to it who’d been left off in a “constitutional oversight”. The third story was about the court battle between Wirral Council and Upton Park Pony Association. Upton Park Pony Association were given a year to leave Fernbank Farm (which is owned by Wirral Council).
Mark Latham from Wirral Street Pastors told councillors on Wirral Council’s Licensing Act 2003 Committee about his experiences of Birkenhead’s night life and alcohol (19th March 2014)
It may seem strange now, but in March the government were consulting on changes to the filming public meetings law. Some changes were made to the draft regulations and a right to live commentary during meetings was removed. Some new criminal offences were also added to the same legislation (but not to the section about filming). The “open and transparent” story was about the Chief Executive, in a 4 page letter, upholding an earlier decision at internal review to refuse a Freedom of Information Act request for the minutes of the Standards Working Group of the 17th December 2013. The last story was about the Wirral Street Pastors organisation and what Mark Latham had to say at a public meeting about Birkenhead’s night life.
113 candidates stood in the Wirral Council elections and only 23 of these were later elected. However if you’re interested who they were then there’s a list of names. The Liverpool City Region Combined Authority met for the first time on April 1st and chose Cllr Phil Davies as Chair. The third story is my rebuttal of a (mainly) false complaint made about me by a Lib Dem.
May had two elections in it. The first was where one councillor to Wirral Council was elected for each ward (except one that elected two due to a recent resignation in Greasby, Frankby and Irby). The second election was for 8 Members of the European Parliament for the North West region. The Lib Dems lost their only MEP in the region Chris Davies and ended up with no Members of the European Parliament in North-West England. Brian Kenny (Labour) lost his council seat in Birkenhead and Tranmere to Pat Cleary (Green Party). Ian Lewis (Conservative) lost his council seat to Treena Johnson (Labour) in Leasowe and Moreton East. Labour also gained in Pensby and Thingwall (the seat was held by an independent formerly a Lib Dem who wasn’t standing).
So the net result was that Labour increased its number of councillors from 37 to 38 (a majority of seats on Wirral Council is one party having 34 or more councillors). The Conservatives decreased their number of councillors from 22 to 21. The Lib Dems stayed on six and the Greens increased from no councillors to one.
In June I started publishing some of the court papers to do with the Fernbank Farm case including Wirral Council’s particulars of claim. During filming a public meeting of the Licensing Act 2003 Committee Cllr Steve Niblock insisted on me stopping so I moaned to Surjit Tour about it. The last story was warning about the effects on the health of the children at Lyndale School if the Lyndale School were to be closed.
July was all about golf because of the Open Golf Championship. First the email of Graham Burgess was claimed to be “fraudulent” by Surjit Tour (who referred to it as the “Open Gold Championship”). Then five minutes later Surjit Tour tried to recall the email. Then BBC Radio Merseyside had a caller asking about the story. Wirral Council’s press office then managed to tell BBC Radio Merseyside two contradictory versions of events over a short period of time. However don’t worry Cllr Walter Smith came on the radio and told everybody how in his day job as a tailor he had enjoyed “lavish hospitality” at the golf!
Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)
Phil Ward came in for criticism for the way he’d chaired the Lyndale School consultation meetings. As part of the 2013/14 audit I made public the £1,872 Wirral Council had spent on Robin Hopkins of 11KBW to make sure that they didn’t have to give out information to a Freedom of Information Act requester in response to ICO decision notice FS50474741.
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
The mileage claim forms for councillors threw up some interesting visits, including one by Cllr Tony Smith to Lyndale School back in February 2013. Once again the Cabinet decided to go ahead to the next stage of consultation on closure of Lyndale School, Surjit Tour got sent another of my letters pointing out the flaws in the decision-making process. The decision was called in.
Marvin the Martian returned to discuss Lyndale and cuts to the SEN budget. The special Audit and Risk Management Committee meeting (twice adjourned from July 2014) finally met on 8th October 2014 to discuss the BIG/ISUS issues and hear from Nigel Hobro. Graham Burgess also gave in his three-month notice and announced his retirement from 31st December 2014.
Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby
A Merseytravel public meeting to discuss whistleblowing led to an interesting turn of phrase. The trade unions marched on Wallasey Town Hall, to have to first sit through a Cabinet meeting discussing how wonderful the Open Golf Championship had been. A consultation on a possible new fire station in Greasby village led to a packed public meeting in Greasby, with Dan Stephens (Chief Fire Officer) doing his best to answer questions from the public about Wirral Council’s involvement.
December’s stories start with the sad news that just before Christmas the Cabinet decided to close Lyndale School (from 31st August 2016). A member of the Wirral Schools Forum expressed concern at the scale of cuts to special educational needs and Wirral Council councillors decided on a long list for a Head of Specialist Services (the outgoing Head of Specialist Services leaves on 31st December 2014).
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
So that’s it for the 2014 round-up! See you in 2015!
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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
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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
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
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
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:
