16 Wirral Council invoices for temp senior managers (IT & SEN), other temps and catering
16 Wirral Council invoices for temp senior managers (IT & SEN), other temps and catering
Below are sixteen invoices (among many) that I requested from Wirral Council during the short inspection period when local government electors can inspect and receive copies of contracts and invoices for the last financial year. Each thumbnail image links to a higher resolution copy of each invoice.
Eleven of the sixteen invoices (various numbers below) are from Odgers Interim who describe themselves on their website as “a leading UK interim management recruitment firm”. These are for the services of an Interim Head of IT (the previous Head of IT took redundancy in March 2013 as the Head of IT post was deleted in a senior management restructure) and an Interim Strategic SEN Lead (the previous SEN Lead Paul Ashcroft left Wirral Council in December 2013, just before it was made public that Lyndale School could close).
Phil Ward (SEN Lead) who chaired the Lyndale School consultation meetings
The Interim Strategic SEN Lead Phil Ward (see the photo) was also provided by Odgers Interim. He cost Wirral Council (surprisingly) more than the Interim Head of IT. Odgers Interim were charging Wirral Council £775+VAT/day for his services.
Four of the rest of the invoices (numbers 497-500) are also for agency staff. Invoices 497 to 499 are from Badenoch & Clark. Unfortunately I only have been given the first page of these two page invoices (presumably the second missing pages are timesheets). Each of the Badenoch & Clark ones are marked “STRICTLY PRIVATE & CONFIDENTIAL” . I presume that the rates (£348.10, £345 and £348.10) are daily rates, so these invoices are just for short-term cover mainly for a week, but the last invoice is for three and a half days.
There is also a CIPFA (invoice numbered 500) (Chartered Institute of Public Finance & Accountancy) invoice for 19 days of interim cover at £710 a day for an “associate” (total including VAT £16,188).
Finally invoice 889 is for £1,303.25 + VAT (total £1,563.90) is from Carringtons Catering Limited for the catering at the public meeting on the 2nd June 2014 at the Floral Pavilion. This was the meeting last year at which Cllr Steve Foulkes was made Mayor.
Having these long-term temporary arrangements has to be more expensive to Wirral Council than recruiting new people. I do realise that in the Wirral Globe article that Joe Blott explains that they’re had trouble recruiting to the SEN post. It also makes you wonder why in the first place in 2012 that the Head of IT post was deleted and whether the “savings” of that 2012 management restructure (slightly offset by the three new strategic directors posts) were achievable?
Wirral Council invoice 67 Odgers Interim March 2014 Interim Head of IT 19 days @ £695 + VAT £15846 thumbnail
People power leads to Wirral Council U-turn on sale of Rock Ferry High School woodlands
People power leads to Wirral Council U-turn on sale of Rock Ferry High School woodlands
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Maybe the Green Party aren’t like other political parties who take a "guilty until proven innocent (and we the party will decide upon what prove innocent means)" approach and grill the party member when a complaint happens. No I’m not referring to the recent suspensions of councillors in the Wirral Labour Group… but my own personal experience of the Lib Dems taking seriously a party political complaint about me from former Labour Cllr Harry Smith (sent to both me and the party with a Wirral Council "With compliments slip").
In essence his complaint was that when he was Vice-Chair of the Pensions Committee (the Pensions Committee manages the Merseyside Pension Fund worth £billions which has over a hundred thousand people either pensioners or employees part of it) I put in a leaflet to people in the Bidston & St James ward that he didn’t go to a meeting that reported the Merseyside Pension Fund had dropped by hundreds of millions of pounds.
His complaint was that he decided to go on holiday instead (he didn’t send a deputy to the meeting) and that my leaflet wasn’t unfair personally to him because it led to people going to his surgery and asking him questions (because and I mean this with a lot of dripping sarcasm of course, obviously the last thing a local councillor is paid a generous allowance of thousands of pounds a year for is to actually have to deal with the public and see what I write below for why the Labour Group of 2015 takes a different view on representing the public to Harry Smith). Therefore former Cllr Harry Smith (around the time of a one week suspension as a councillor for not apologising properly for bullying) wanted disciplinary action taken against me by the Lib Dem Party for telling the Bidston & St James residents the truth.
Ultimately the Lib Dem Party (who then were always very keen to curry favour with other political parties) gave him and his fellow Labour party members their way in 2011 but the Lib Dems (under a lot of pressure to get rid of me) did it so badly, the Birkenhead County Court ruled one of the Lib Dem councillors, the local Birkenhead party and indeed the whole Lib Dem Party had broken the law in doing so.
Thus proving that politicians are terrible at realising that there are legal limits on what they should or shouldn’t do. As many will know, the political class have an arrogant view at times that rules and laws apply to everyone but them! The MP expenses scandal showed that.
However to be fair (and hopefully as balanced as I can be) to the Lib Dem Party, their view is that an unlawful decision still stands and court orders should be flouted (and then the Lib Dem Party wonders why it lost 49 MPs at the recent General Election?)
As former Cllr Harry Smith didn’t get his way over that complaint he tried to stop filming of a public meeting of Pensions Committee meeting stopped, telling others on the Pensions Committee it I was because I was a member of a political party (at the time a lie as I wasn’t a member of the Lib Dems then, due no doubt in part to his complaints and moaning about me "blotting my copybook" as one party member put it). A rather young fellow Labour councillor had the gall to tell him such a point was irrelevant which really got him going, however I am digressing into stories from yesteryear. It was suggested to me recently that I should be more positive (however remembering how former Cllr Harry Smith used to be is enough to spoil anyone’s good mood)!
Returning to the Cabinet meeting, Cllr Adrian Jones explained that Rock Ferry High School had closed in 2011. He outlined the process that had to be followed if the Rock Ferry High School and the playing fields were to be used for a different purpose and that this required government approval from the Minister. He summarised the efforts so far on finding an alternative educational use for the buildings which unfortunately had not panned out.
The costs (business rates and security) of managing the vacant site were costing Wirral Council money. The original intention had been for Wirral Council to sell the buildings and playing fields. However following public consultation and "opposition" to disposal of the site, a compromise position had been found or as Cllr Adrian Jones put it, “However, we are a listening Council and following extensive public consultation it was evidenced that there was a very significant amount of opposition to that proposal.”
He went on to say that this option would produce a reduced capital receipt to Wirral Council, but this would allow the Residents’ Association to bring forward proposals for the playing fields and woodland.
Cllr Adrian Jones proposed the following recommendation.
"It is recommended that:
17.1 Cabinet approves the submission of the application to the Secretary of State for Education for the disposal and change of use of the former Rock Ferry High School.
17.2 Approve the mixed use option for the site as outlined in 6.4
17.2 Approve officers to progress development proposals to site (area A) for residential development in accordance with local planning requirements
17.3 Work with the newly formed Rock Ferry Residents Association to bring forward proposals for the management of the site (areas B and C)"
For the purposes of information 6.4 (which recommendation 17.2) of the report refers to states:
6.4 Take account of local views and develop a mixed use option for the site
(i) area (A) i.e. the main school site, development for housing
(ii) areas (B) and (C) the former playing field site could be considered for community asset transfer for continued sport use and open space. This is of particular interest to the residents in the area and plans for the management and development of the area are being considered. Football clubs in the area have expressed an interest and there are opportunities for obtaining grant funding. This area was previously designated as school playing fields and the only community use was through lettings agreed with the school, general community access was not endorsed.
Councillor Chris Meaden pointed out that it was in her ward and referred to "slightly heated meetings" that she had attended and that they’d listened to the residents, changed the recommendations so that the woodland was kept and the sports field. She thanks the residents of Rock Ferry and that "we hope we’ve proved ourselves to you"
Cllr Meaden went on to thank Jeannette Royle (Senior Manager, Asset Management), David Armstrong (Assistant Chief Executive) and David Ball (Head of Regeneration) for attending the meetings and she wanted to thank them for their support and their efforts in listening to residents.
The recommendation were agreed by Cabinet.
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What I scanned in today was part of one of the schedules about land. Included below is the Bebington headlease along with the index page for the schedules.
The Council’s Design and Building Contract Direct Agreement
Part 3
The Council’s Support Services Management Direct Agreement
Part 4
Design and Building Contract Performance Guarantee
Part 5
Support Services Management Agreement Performance Guarantee
Part 6
Initial Senior Funding Agreements
Part 7
Other Initial Funding Agreements
Part 8
Rules for Refinancing
SCHEDULE 3
WORKS
Part 1
Design Development Procedure
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 3 (Works) to Schedule 9 (Insurance) page 2 of 4
Part 2
Prohibited Materials
Part 3
Schedule of Key Dates
Part 4
Outline Design Documents
Part 5
The Completion Standards
Part 6
Decant Programme Methodology
Appendix 1
Decant Programme: Park High
Appendix 2
Decant: Further Obligations
Part 7
Handback Requirements
Part 8
Project Programme
Part 9
Construction Site Rules
Part 10
Handback Survey
SCHEDULE 4
PAYMENTS
Part 1
Definitions
Part 2
Services Contract Payment
Part 3
Performance Deduction Look-Up Table
Part 4
Table of Service Units per School
Part 5
Monitoring
Part 6
Utility Services
Part 7
Third Party Use
Part 7A
Catering
Part 8
Value for Money Testing
Appendix 1
Form of Performance and Payment Report
SCHEDULE 5
ACCOMMODATION SERVICES OUTPUT SPECIFICATIONS
SCHEDULE 6
SUPPORT SERVICES OUTPUT SPECIFICATIONS
Part 1
Building and Asset Maintenance Output Specification
Part 2
Support Service Requirements and Performance Tables
Part 3
Service Level Agreements
Part 4
Service Level Agreements Alteration Procedure
SCHEDULE 7
REPORTS AND RECORDS
Part 1
Reports
Part 2
Records
SCHEDULE 8
VARIATIONS
Variation Notice
SCHEDULE 9
INSURANCE
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 9 (Insurance) to Schedule 19 (Admission Agreements and Bonds) page 3 of 4
Part 1
The Part 1 Insurance Period
Part 2
The Part 2 Insurance Period
Appendix 1
Endorsements
Appendix 2
Broker’s Letter of Undertaking
Appendix 3
Business Interruption Insurance – the Authority’s Obligations as Insurer
Appendix 4
Schedule of Insured Parties
SCHEDULE 10
LIAISON COMMITTEE
SCHEDULE 11
COMPENSATION ON TERMINATION
Part 1
Definitions
Part 2
Project Co Default
Part 3
Authority Default
Part 4
Notice by the Authority
Part 5
Force Majeure, Uninsurability and Planning Challenge
Part 6
Corrupt Gifts
SCHEDULE 12
DISPUTE RESOLUTION
SCHEDULE 13
SENIOR REPRESENTATIVES
SCHEDULE 14
COMPENSATION EVENTS
SCHEDULE 15
METHODOLOGY FOR ASBESTOS
Appendix 1
MB Wirral Policy
Appendix 2
Asbestos Survey Risk Assessment
SCHEDULE 16
LIQUIDATED DAMAGES
SCHEDULE 17
QUALITY SYSTEMS
Part 1
Design and Build Period Quality System
Part 2
Operational Period Quality System
Appendix A
Quality Policy
Appendix B
Certificate of Approval
Appendix C
Proposed QA Implementation Plan
Appendix D
Contact Directory
Appendix E
Local Procedures
SCHEDULE 18
EMPLOYEES
Part 1
Employee Information
Part 2
Terms and Conditions of Employment
SCHEDULE 19
ADMISSION AGREEMENTS AND BONDS
Part 1
Jarvis Workspace FM Limited
Wirral Borough Council Wirral Schools Services Limited PFI contract Index of Schedules Schedule 19 (Admission Agreements and Bonds) to Schedule 24 (New Moveable Equipment Schedule of Rates) page 4 of 4
Part 2
Compass Group PLC
Part 3
MTL Commercial Limited
SCHEDULE 20
STAFF SECURITY PROTOCOL
SCHEDULE 21
OPERATIONAL SITE RULES
SCHEDULE 22
DRAFT TRANSITIONAL SERVICES AGREEMENT
SCHEDULE 23
CITY LEARNING CENTRE
SCHEDULE 24
NEW MOVEABLE EQUIPMENT SCHEDULE OF RATES
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 1 of 13
SCHEDULE 1
LAND
Part 1
Bebington Headlease
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 2 of 13
DATED 2001
(1) WIRRAL BOROUGH COUNCIL
(2) WIRRAL SCHOOLS SERVICES LIMITED
HEADLEASE
-of-
Bebington High School, Bebington Road
Bebington, Merseyside
THIS LEASE IS A NEW TENANCY FOR THE
PURPOSES OF THE LANDLORD AND TENANT
(COVENANTS) ACT 1995
ROWE & MAW
20 Black Friars Lane
London EC4V 6HD
Tel: 020 7248 4282
Fax: 020 7248 2009
Ref: 709/476/27909.00001
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 3 of 13
CONTENTS
Clause
Subject Matter
Page
1.
Definitions and Interpretation
4
2.
Demise and Rents
6
3.
Tenant’s Covenants
6
4.
Landlord’s Covenants
8
5.
Agreements and Declarations
8
6.
New Tenancy
9
Schedule 1
(The Premises)
Schedule 2
(Easements and Rights granted)
Schedule 3
(Rights excepted and reserved)
Schedule 4
(The documents (if any) containing incumbrances to which the Premises are subject)
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 4 of 13
THIS LEASE made the day of 2001
BETWEEN:
WIRRAL BOROUGH COUNCIL of Town Hall, Brighton Street, Wallasey, Wirral, Merseyside, CH44 8ED (the “Landlord”); and
WIRRAL SCHOOLS SERVICES LIMITED having its registered office at Frogmore Park, Watton-at-Stone, Hertfordshire SG14 3RU (registration number 4115637) (the “Tenant”).
WITNESSES as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this lease the following expressions have the respective specified meanings (subject to any particular interpretation required by clause 1.2):
“Adjoining Premises” means any land or buildings neighbouring or adjoining or adjacent to the Premises;
“Buildings” means the buildings now or hereafter during the Term at the Premises and “Building” means any one of them;
“Permitted Use” means use of the Premises to comply with the obligations and exercise the rights of the Tenant under the Project Agreement;
“Perpetuity Period” means the period of eighty years from the date hereof which is the perpetuity period applicable to this lease;
“Plan” means the plan attached hereto;
“Premises” means the Premises described in Schedule 1;
“Project Agreement” means the agreement entitled Project Agreement made between (1) the Landlord and (2) the Tenant dated and as varied from time to time under Clause 32 thereof or supplemented or any other agreement superseding that agreement or substituted for that agreement and in either case expressed to be made subsequent to it;
“Rent” means a peppercorn, if demanded, per annum;
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 5 of 13
“Service Media” means all sewers drains pipes gullies gutters ducts mains channels wires cables conduits flues and any other conducting media;
“Services” means soil water electricity gas compressed air telecommunications signals and other liquids gasses or signals capable of passing along or through Service Media; and
“Term” means a term of 30 years from and including the date hereof subject to the provisions for the prior determination of the Term hereinafter contained;
1.2 Interpretation
(1) Words importing the singular include the plural and vice versa and words importing one gender shall include both genders.
(2) Where a party comprises more than one person covenants and obligations of that party take effect as joint and several covenants and obligations.
(3) A covenant by the Tenant not to do (or omit) any act or thing also operates as a covenant not knowingly to permit or suffer it to be done (or omitted) and to prevent (or as the case may be to require) it being done.
(4) References in this lease to:
(a) any clause sub-clause schedule or paragraph is a reference to the relevant clause sub-clause schedule or paragraph of this lease and clause and schedule headings shall not affect the construction of this lease;
(b) the Premises shall be construed as extending to any part of the Premises and shall include all and each and every part of any:
(i) Buildings from time to time thereon;
(ii) Service Media within the Premises and exclusively serving the Premises;
(iii) additions alterations and improvements thereto; and
(iv) Landlord’s fixtures and fittings therein;
(c) any statute (whether generally or specifically) shall include all derivative instruments orders regulations and in each case any re-enactment or modification thereof from time to time.
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 6 of 13
2. DEMISE AND RENTS
Subject to compliance by the Tenant with its obligations under the Project Agreement the Landlord DEMISES unto the Tenant ALL THAT the Premises TOGETHER WITH the easements and rights (in common with the Landlord and all others with its authority or otherwise from time to time entitled thereto) specified in Schedule 2 which shall enure for the benefit of the Tenant and all those expressly authorised by the Tenant EXCEPT AND RESERVING to the Landlord and all other persons from time to time entitled to the rights mentioned in Schedule 3 TO HOLD the Premises unto the Tenant for the Term SUBJECT to:
(a) the provisions contained or referred to and rights granted to any party in the documents specified in schedule 4 insofar as they relate to the Premises;
YIELDING AND PAYING therefor during the Term to the Landlord the Rent payable annually in advance the first payments being made on the date hereof.
3. TENANT’S COVENANTS
The Tenant COVENANTS with the Landlord:
3.1 Pay rent
To pay the Rent without deduction set-off or counterclaim at the times and in the manner aforesaid.
3.2 Use
Not to use the Premises for anything other than the Permitted Use.
3.3 Easements
(1) Not to obstruct any window or light or abandon any easements from time to time enjoyed by the Premises.
(2) To give immediate written notice to the Landlord of any encroachment on or circumstances which might result in the acquisition of any easement or other right over the Premises and at the Tenant’s expense to take or join in such proceedings or take such other steps as the Landlord may require to prevent any such acquisition.
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 7 of 13
3.4 Incumbrances
To comply with all covenants and other matters relating to the Premises (and in particular those contained or referred to in the documents specified in schedule 4) so far as they are enforceable and still subsisting.
3.5 Alienation
(a) The Tenant shall not assign, underlet, charge, hold on trust for another, part with or share possession or occupation of the whole or any part or parts of the Premises except as may be permitted or required by this lease. For the avoidance of doubt, nothing in this Clause 3.5(a) shall prevent the Tenant from charging the whole of the Premises in favour of any person providing funding under the Funding Agreement (as defined in the Project Agreement) from time to time.
(b) Notwithstanding the terms of Clause 3.5(a) the Tenant must assign the whole of the lease to a permitted assignee of the Tenant’s interest under the Project Agreement, such assignment of this lease to take place simultaneously with the assignment of the Project Agreement.
(c) The Tenant shall not underlet any part or the whole of the Premises without the consent of the Landlord save that the Tenant shall be permitted to grant an underlease of the whole of the Premises to the Landlord on the date hereof in the form of the underlease annexed to the Project Agreement.
3.6 Overriding lease
If at any time during the Term the Landlord shall grant a tenancy of the reversion immediately expectant on the determination of this lease whether persuant to section 19 Landlord and Tenant (Covenants) Act 1995 or otherwise any covenant on the part of the Tenant to obtain the consent of the Landlord under this lease to any dealing shall be deemed to include a further covenant also to obtain the consent of the lessor under such tenancy to such dealing.
3.7 Permit Entry
To permit the Landlord and any others authorised by the Landlord to enter the Premises on reasonable notice at reasonable times (except in emergency) to ascertain that the covenants on the part of the Tenant in this lease are being observed and performed and to enable the Landlord to exercise his rights or fulfil its obligations
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 8 of 13
under the Project Agreement subject to complying with the obligations of the Landlord under the Project Agreement.
3.8 Project Agreement
The parties to this lease agree that where the provisions of this lease and the Project Agreement conflict, the terms of the Project Agreement shall prevail.
4. LANDLORD’s COVENANT
The Landlord covenants with the Tenant that the Tenant paying the rents and complying with its obligations under this lease and the Project Agreement may peaceably hold and enjoy the Premises during the Term without any interruption by the Landlord or any person lawfully claiming through under or in trust for it.
AGREEMENTS AND DECLARATIONS
PROVIDED ALWAYS AND IT IS AGREED AND DECLARED
5.1 Exclusions
(1) The Tenant shall not have the benefit of any easement right or privilege other than those expressly hereby granted.
(2) Any rights granted or reserved by this lease in respect of anything which does exist at the date hereof shall be effective only if it comes into existence before the expiry of the Perpetuity Period.
(3) The Landlord gives no express or implied warranty that the Permitted Use will be or remain a lawful or authorised use under the Planning Acts or otherwise.
(4) So far as the law shall allow the right of the Tenant (or any undertenant) to compensation on quitting the Premises is excluded.
5.2 Notices
Clause 54.10 of the Project Agreement shall apply in respect of any notices or other communications served or required to be served hereunder.
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 9 of 13
5.3 Termination
If the Project Agreement is terminated for any reason or expires the Term shall automatically determine without notice but without prejudice to any claim by one party in respect of any antecedent breach of any obligation of the other under this lease.
5.4 Exclusion of Landlord and Tenant Act 1954
Having been authorised to do so by an order of the Court made on under section 38(4) of the Landlord and Tenant Act 1954 (as amended) the parties agree that the provisions of sections 24 to 28 inclusive of the Landlord and Tenant Act 1954 (as amended) shall be excluded in relation to the tenancy hereby created.
NEW TENANCY
This lease is a new tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995.
IN WITNESS whereof this lease has been duly executed as a deed (but not delivered until) the day and year first above written.
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 10 of 13
SCHEDULE 1
(The Premises)
The land and buildings and structures known as Bebington High School Higher Bebington Road Bebington Merseyside shown for the purpose of identification only edged in red on the Plan.
SCHEDULE 2
(Easements and Rights granted)
1. Subject to the Tenant not interfering with any rights granted to any tenant under any lease existing at the Execution Date full right and liberty at any time at the cost of the Tenant to divert (both to the whole and any part of it) the route of any Service Media which the Landlord has the right to use pursuant to Schedule 3 of this Lease whether temporarily or permanently provided that:-
1.1 the Tenant shall give reasonable prior written notice of any such diversion to the Landlord and any other person so entitled;
1.2 all works of diversion shall be carried out in a proper and workmanlike manner in accordance with good practice current at the time and with good quality suitable and sufficient materials as to provide the Landlord and any other person so entitled with Service Media of at least equivalent size quality and capacity to those with are being diverted;
1.3 so far as possible the passage or running of the Services through such Service Media shall not be disrupted and the Tenant will provide temporary arrangements during any period of diversion of permanent Service Media.
2. A right to build upon and to demolish maintain repair replace and renew any buildings upon the Premises to enable the Tenant to comply with or perform its obligations and exercise its rights under the Project Agreement.
3. A right of support and shelter for the Premises from any Adjoining Premises owned by the Landlord.
4. A right (subject to the provisions of paragraph 1 of this Schedule) to the free and uninterrupted passage and running of all services from and to the Premises through and
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 11 of 13
along all Service Media from time to time within but not exclusively serving any Adjoining Premises.
SCHEDULE 3
(Rights excepted and reserved)
1. A right for the Landlord and all those authorised by the Landlord to enter upon the Premises for the purpose of fulfilling any obligations on the part of the Landlord pursuant to the Project Agreement and for all purposes mentioned in this lease but subject to complying with the obligations of the Landlord in the Project Agreement.
2. A right (subject to the provisions of paragraph 1 of Schedule 2 of this Lease) to the free and uninterrupted passage and running of all services from and to any Adjoining Premises through and along all Service Media from time to time within but not exclusively serving the Premises.
3. A right for the Landlord and all those authorised by the Landlord to enter those parts of the Premises which are not built upon at all reasonable times (having regard to the Tenant’s obligations under the Project Agreement) on giving reasonable notice (except in emergency) and the right to inspect construct lay maintain repair replace alter or renew any Service Media and to make connections to any Service Media within the Premises the person exercising this right doing as little damage and causing as little inconvenience as possible and making good any damage to the Premises thereby occasioned and carrying out all works in a proper and workmanlike manner in accordance with good practice current at the time and with good quality suitable and sufficient materials and at no time shall the exercise of the Landlord’s rights under this paragraph 3 interfere with the Tenant’s obligations under the Project Agreement.
4. All rights of light or air now subsisting or which might (but for this exception) be acquired over any other land.
5. A right to build upon and demolish maintain repair replace and renew any buildings upon any part of any Adjoining Premises owned by the Landlord and any other land owned by the Landlord in such manner as the Landlord may think fit.
6. A right of support and shelter from the Premises for any Adjoining Premises owned by the Landlord.
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 12 of 13
Schedule 4
(The documents containing incumbrances to which the Premises are subject)
The rights, reservations, covenants and other matters referred to in the Registers of Title Number MS435412.
Wirral Borough Council Wirral Schools Services Limited PFI contract Schedule 1 Land Part 1 Bebington Headlease page 13 of 13
THE COMMON SEAL of WIRRAL ) BOROUGH COUNCIL )
was affixed to this Deed in the )
presence of: )
…………………………………….
As authorised officer
THE COMMON SEAL of WIRRAL ) SCHOOL SERVICES LIMITED )
was hereunto affixed in the presence of:)
Director
Director/Secretary
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Lyndale School parent “we really have lost faith in the democratic process”
Lyndale School parent “we really have lost faith in the democratic process”
Councillor Harry Smith asks a question about Lynn Wright’s qualifications
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Above is a nearly two-minute video that shows a number of comments made at meetings about Lyndale School (plus at the end one councillor’s views on filming). A transcript is below.
CLLR PHIL DAVIES: Retaining the Lyndale School, this is chaos.
CLLR LEAH FRASER: The buildings have been valued at £1.7 million and the land at errm, the land at errm £508,000.
DAVID ARMSTRONG: It’s not a value, it’s an accounting process.
CLLR HARRY SMITH: What are Lynn Wright’s qualifications?
CLLR MOIRA MCLAUGHLIN: It’s the kind of question Harry I don’t want to take from this teaching assistant.
CLLR HARRY SMITH: With respect Chair, she was criticising her qualifications so I’m asking her what are Lynn Wright’s qualifications?
CLLR MOIRA MCLAUGHLIN: We’ll ask Lynn Wright as well what her qualifications are if you’re able to answer that?
NICOLA KENNY (TEACHING ASSISTANT): Errm, well I can’t tell you exactly all her qualifications but what I can tell you is in terms of PMLD, she’s not as qualified as me.
(applause)
CLLR WENDY CLEMENTS: And I just wonder if there’s anything else particularly that you think we need to know that will help us make our decision tonight?
DAWN HUGHES (parent): And we feel that you know that we’ve lost, we really have lost faith in the democratic process and how that we really haven’t been listened to and we feel that the, that local authority officers have not been comprehensive in their examination of all the evidence and the evidence that they’ve presented to Cabinet and that when our views are not listened to and we have an authoritarian top down way of dealing with people in the community, then you know people get angry and frustrated and people are angry and frustrated about this whole process and not just us I think actually generally the community across Wirral is really unhappy about this so I just wanted to make those comments.
CLLR STEVE NIBLOCK: I’m asking you to stop filming, that means stop now! Stop now!
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There was a quote by the late Terry Pratchett who put it thus “Ankh-Morpork had dallied with many forms of government and had ended up with that form of democracy known as One Man, One Vote. The Patrician was the Man; he had the Vote.”
In Wirral Council the man with the vote is the Leader of the Council Councillor Phil Davies. Here’s what he had to say about Lyndale School.
Councillor Phil Davies talks about Lyndale School 24th February 2015
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Thank you Mr Mayor.
I’d like to provide my comments into a response now on Lyndale School and then the Jeff Green budget.
First of all on Lyndale School Mr Mayor, last year we had a thorough consultation about the future of Lyndale School. This consultation was supported by many discussions with parents, indeed I myself and the Cabinet Member met with parents, discussions with Members and others with an interest in the future of the School and the children.
Cabinet received reports on the 4th September and the 17th December last year which gave the outcome of the consultation and the representation period regarding the proposed closure of the Lyndale School.
Cabinet on the 17th December took the difficult decision to close the School with the agreed closure date of the 31st August 2016. At this meeting of Cabinet on the 17th December Members took into account the full range of issues and themes which emerged during the representation period.
Can I remind Members that the report to Cabinet on the 4th of September contained a detailed account of the outcome of the consultation held on the Wirral and the SEN Improvement Test?
Cabinet decided the closure because the viability of the School was compromised by its small size and falling roll. There are currently twenty-one children on the roll of the School. Members will be aware that there has been uncertainty about the future of the School for a number of years now and that uncertainty has been resolved by the Cabinet decision to close the School. Following the Schools Forum on the 14th January 2015, the schools have already been consulted on the schools budget for 15/16, this was agreed by Cabinet on the 10th February.
Taking all these factors into account, I do not believe that it is a viable option to anticipate that the Schools Forum will vote in favour of funding or retaining the Lyndale School. This is chaos. There are currently twenty-one pupils as I said before and this has been reducing in recent years.
There are two other primary schools for children with complex learning difficulties including children with profound and multiple learning difficulties which can provide good enough or better opportunities for current pupils at Lyndale School or future primary aged children with PMLD. The suitability of both these schools has been extensively considered and reported previously.
The Council has given careful consideration to its statutory duty to ensure that there is sufficient school places with further access to educational opportunities. It’s carefully considered the correct statutory process and guidance has been followed which includes careful consideration of the Special Educational Needs Improvement Test and equality impact assessment.
The size of the school and its falling roll and the availability of other suitable primary schools on the Wirral, it has taken account of all the views, representations and has considered details and implications including financial issues and concluded that the closure of the School is the most viable option.
Mr Mayor taking all these factors into account I cannot see that there is any basis for seeking a revocation notice to consult on those proposals to stop all current planned action being taken to close the Lyndale School. Similarly there is no basis I believe, obviously we’d negotiate with the Schools Forum to consider allocating money at the detriment of other schools who are already experiencing enormous financial pressures due to the allocation of a flat cash budget and increasing pressures on all schools to deliver a balanced budget.
Mr Mayor I do want to acknowledge that this has been a difficult and uncertain time for families with children at Lyndale School and their staff but every effort will be made to ensure that there are good plans for each and every child to secure alternative school provision with strong plans for transition in place well before the School closes in July 2016.
So Mr Mayor that’s my response to the Lyndale School.
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