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

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
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.

January 2014
1 Why did Martin Morton call for three councillors to resign?
2 Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?
3 The letter Wirral Council wrote gagging Councillor Gilchrist

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.

February 2014
1 Exclusive: Incredible £88,174 loss made by Merseytravel on sale of Liverpool pub
2 Incredible: Lyndale School call in causes second constitutional crisis for Wirral Council!
3 District Judge Woodburn grants Wirral Council possession order: pony club given a year to leave Fernbank Farm

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).

March 2014
1 Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?
2 Wirral Council show how “open and transparent” they really are
3 Mark Latham of Wirral Street Pastors tells Wirral’s councillors graphic stories about Birkenhead’s boozy night life

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)
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.

April 2014
1 Who are the 113 candidates in the 2014 Wirral Council elections?
2 Liverpool City Region Combined Authority choose Cllr Phil Davies as Chair
3 How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

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 2014
1 Election results for North West Region (European Parliamentary Election 2014)
2 Election results for Wallasey (Conservative hold), West Kirby and Thurstaston (Conservative hold) and Upton (Labour hold)
3 Election results for Leasowe and Moreton East (Labour Gain), Hoylake and Meols (Conservative hold) and New Brighton (Labour hold)

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.

June 2014
1 Wirral Council: It’s time for some answers over Fernbank Farm and filming!
2 Horses or 100 houses at Fernbank Farm? Liverpool City Region Combined Authority agrees to list it for housing
3 If Lyndale School closed: what might happen next?

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 2014
1 Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors
2 Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship
3 Councillor Walter Smith “I must say I enjoyed lavish hospitality”

Wirral Host of the Open Championship 2014

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!

August 2014
1 Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality
2 UPDATED: EXCLUSIVE: 90 Incredible Lyndale School Closure Consultation responses
3 Why did Wirral Council spend an incredible £1,872 on a London barrister to prevent openness and transparency?

Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)
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.

September 2014
1 Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013
2 The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed
3 A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

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.

October 2014
1 Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut
2 Whistleblowers assembled in Committee Room 1 to hear apologies from Wirral Council over a toxic whistleblowing saga involving secrecy, national, local and regional government, internal and external audit, the private sector, ££££s, senior managers, contracts and Wirral Council
3 Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

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.

November 2014
1 Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”
2 Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was
3 Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

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
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 2014
1 8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016
2 Wirral Schools Forum member expresses concern at proposed £600,000 cut for children with special educational needs
3 7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

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
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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UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

                                                                          

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School which was being reviewed by the Coordinating Committee on 2nd October 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Wirral Council’s Coordinating Committee (which comprises fifteen councillors, two parent governor representatives, a Catholic rep, is required to have an Anglican rep but at this stage I don’t really know why there isn’t one), met on the evening of 2nd October to reconsider the Cabinet decision of 4th September 2014 which made a decision to consult on closure after the “consultation” earlier this year. Neither of the two parent governor representatives (who have speaking and voting rights) nor the Catholic representative (who also has speaking and voting rights) were present.

According to correspondence received hours before the meeting, a senior Wirral Council officer stated they have previously tried to persuade the Church of England to appoint an Anglican representative, but have failed and refers to this as merely an “anomaly”.

Here is the list of the people who made the decision itself and were there on the night, including matters such as whether they are spokesperson, Chair, Vice-Chair and which political party. I have listed people who are on the committee first, it is unclear to me who the Conservative spokesperson was or whether it was Cllr Bruce Berry or Cllr Leah Fraser who was deputising for him:

Labour
Cllr Moira McLaughlin (Chair), Labour
Cllr Paul Doughty (Vice-Chair), Labour
Cllr Janette Williamson, Labour
Cllr Michael Sullivan, Labour
Cllr Denise Roberts, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr Harry Smith, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr James Crabtree, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr Ron Abbey, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams

Conservative
Cllr Wendy Clements, Conservative
Cllr Tom Anderson, Conservative
Cllr Steve Williams, Conservative
Cllr Bruce Berry, Conservative * note deputy for either Cllr Chris Blakeley or Cllr Mike Hornby
Cllr Leah Fraser, Conservative * note deputy for either Cllr Chris Blakeley or Cllr Mike Hornby

Lib Dem
Cllr Phil Gilchrist, Liberal Democrat spokesperson

So to summarise, that is eight people on the committee and seven deputies substituting for people who are on the committee but chose to send a deputy in their place for reasons best known to themselves.

Ultimately the decision taken at the end of a long meeting (there were a series of votes at the end on whether to uphold the decision or refer it back to Cabinet to reconsider based on concerns councillors had) was to uphold the Cabinet decision of the 4th September 2014. This was taken on a majority of 9 votes to 6. Each of the alternative recommendations failed on a vote of 6 to 9. The alternative recommendations which were lost were proposed by by Cllr Phil Gilchrist (Lib Dem spokesperson) and Cllr Steve Williams (Conservative councillor).

Labour councillors (9) voted to uphold the Labour Cabinet decision. The joint votes (6) of the Conservative councillors (5) and Liberal Democrat spokesperson (1) voted against Labour’s recommendation.

Although six councillors were in favour of not implementing the Cabinet decision of 4th September and referring it back to Cabinet with their concerns, they were outvoted by the nine Labour councillors who voted against.

This means the Director of Childrens Services, Julia Hassall can now go ahead to the next stage of closing the Lyndale School which is a short consultation (lasting about a month). Even if Wirral Council were taken to court over this matter, Surjit Tour made it quite clear in a formal letter to me that they would not pause the process and would just carry on doing this, regardless of many outstanding legal concerns. In the interests of transparency at this point, I refer to the exchange of letters between myself (mainly the one of 8th September 2014) and Surjit Tour in this matter about the possibility of legal action through the courts.

He is of course entitled to his opinion on this matter, so am I. He has to work within the policy and budget framework of Wirral Council and is in a politically restricted post, I have to consider other concerns such as financial, legal, political and commercial (it’s complicated basically).

Following this consultation Wirral Council’s Cabinet will make a further decision at some future point on closure of the Lyndale School. As it was such a long meeting and negotiations over potential access to Wirral Council’s wi-fi network for live broadcast of meetings as they happen have stalled, only part of the footage of the five-hour meeting at the time of writing has been uploaded. You can watch video of part of the meeting below.

On a more personal note and this is just my opinion, I would like to point out (briefly) that politics comprises objective and subjective tests that can be applied when determining decisions.

Nobody expects politicians to be experts as they are there to represent the public interest. In certain areas such as law and other areas they have to rely on the internal advice of Wirral Council officers. That is why officers giving advice are in politically restricted posts and can’t really be seen to be taking sides in a party political matter.

Although it would be unlawful to drop Lyndale School’s budget by more than 1.5% under the minimum funding guarantee regulations this year (2014-15) compared to its 2013-14 budget, the government is currently consulting on draft regulations which would remove this current protection under the minimum funding guarantee for SEN places in 2015-16. However there is a current consultation on regulations which cover 2015-16 and the draft regulations put to Parliament may differ from those being consulted on.

In fact you only have to look at how the regulations on filming meetings of Wirral Council changed after the consultation and lobbying by people such as myself to show that that is a distinct possibility.

However how much Lyndale School receive this year for the education of children there and in future years is down to a complicated combination of the Wirral Schools Forum, Cabinet, Council and other factors beyond anybody’s reasonable control. A schools formula is arrived at locally by a combination of the Wirral Schools Forum, Cabinet and Council. This schools formula determines how much each individual school gets each year (and is changed each year).

In essence though, this shouldn’t really be about money. The law allows Wirral Council to close a school, however naturally they have to plan for what happens next to the existing pupils. Some will transfer to secondary school well before the planned closure date of January 2016. This should really be about the children of Lyndale School.

I will recite a little personal history here. My primary school was changed (when I was 10), not because of closure but because my parents had moved three miles away and transport to and from school was taking my mother longer than it was when I only lived a mile away.

Therefore my perception of what happens to a primary aged child when you do this to them, is somewhat clouded by that. Twenty-four years later, I still resent that decision, as I do not feel my interests were properly considered especially considering the fact I would’ve left that primary school within the next twelve months to go to secondary school and that we had moved house many years previous.

I can understand though that it resulted in a reduced carbon footprint as I could walk to the school I was transferred to. It ended up with me being admitted to hospital for a week though and knowing how much that costs makes it a false economy.

The children of Lyndale School are more fragile than I was at aged ten. Wirral Council identify themselves in a Equality Impact Assessment that the disruption will have an effect on the children.

However a letter from their legal department takes the contrary view that any potential risks can be mitigated against. Personally I have no confidence in Wirral Council that the potential risks have been mitigated at this stage, as my feeling is that such detailed planning won’t actually happen until a decision to close (or not close) the Lyndale School has been finally made at some future point. At this stage officers may consider behind the scenes that spending officer time and resources on planning for something that might not happen would not be value for money. However all scenarios should be explored if Wirral Council insists on going down this route.

Considering the high costs already expended by Wirral Council on their plan to close Lyndale School, one wonders if that seemingly large and endless budget allocation had instead been used for keeping the Lyndale School open, whether it would’ve been a better use of public funds. Each time they hold a public meeting it costs thousands of pounds and there have been many of these so far. Such is the price of democracy I suppose which has deliberately made closing a school a long and drawn out process so that a “spanner can be put in the works” to stop it at any one of many stages.

Some people are surprised it has not been stopped before now. However looking at the wider aspects of the way society treats disabled people, prejudice and other matters I am not wholly unsurprised by this course of events.

Below is a playlist from when the meeting started. When the video was shown due to an outstanding unresolved copyright claim regarding one of the two pieces of music used in it by Sony Music Entertainment, the video has sadly had to be edited out of the footage of the meeting. However it can be viewed elsewhere online.

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£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

£1800 invoice to Wirral Council for barrister Sarah O’Brien in Fernbank Farm matter (Kane & Woodley)

                                                        

Below is the invoice received for the services of a barrister called Miss Sarah O’Brien of Exchange Chambers to Wirral Council to do with the possession order for Fernbank Farm which was heard at the Birkenhead County Court earlier this year. I requested this as part of the 2013/14 audit.

I have added annotations in green which represent information that Wirral Council either incorrectly blacked out, or should’ve blacked out or information which was blacked out but is known to me from court reporting on the issue.

Detail of redactions 1: “Professional Fees of:”
Reason incorrect: Sarah O’Brien is not an employee of Wirral Council.
Unredacted text: Sarah O’Brien

Details of redaction 2: DX 708630
Reason incorrect: partial redaction as it was meant to redact next line, DX 708630 refers to Wirral Council’s document exchange number.
Unredacted text: DX 708630

Details of redaction 3: Mr Ali Bayatti
Reason correct: Redaction correct as person is Wirral Council employee, however due to earlier court hearing name of solicitor is known. Unredacted to aid in transparency as name said during open court hearing in Birkenhead County Court (2013). Also important to know which solicitor is instructing the barrister.
Unredacted text: Mr Ali Bayatti

Details of redaction 4: AB / H19 / 25650
Reason correct/incorrect: Redaction partially correct as AB refers to Ali Bayatti. However redaction done incompetently by drawing a line in pen through after the other redactions were added as an afterthought by an accountant.
Unredacted text: AB/ H19 / 25650

Details of redaction 5: METROPOLITAN BOROUGH OF WIRRAL – V – CAROL KANE & EILEEN WOODLEY
Reason incorrect: refers to parties’ names in court case.
Unredacted text: METROPOLITAN BOROUGH OF WIRRAL – V – CAROL KANE & EILEEN WOODLEY

Details of redaction 6: “Name/info”
Reason incorrect: refers to parties’ names in court case. Unredacted KANE. Rest is unknown.
Unredacted text: KANE

Details of redaction 7: “Init” (three handwritten initials)
Reason correct: Refers to initials of Wirral Council officer.
Unredacted text:

Details of redaction 8: “Certified Correct for payment” (signature)
Reason correct: signature of Wirral Council officer.
Unredacted text:

Details of redaction 9: “To Miss Sarah O’Brien”
Reason incorrect: refers to barrister of Exchange Chambers not Wirral Council officer.
Unredacted text: To Miss Sarah O’Brien

Details of redaction 10: “Sarah Rotheram”
Reason incorrect: Does not refer to Wirral Council employee.
Unredacted text: Sarah Rotherham

Original document is below, followed by the same document with my annotations in green (although it is possible Wirral Council’s legal department have gone too far with the black pen in places).

There is a related Freedom of Information Act request to this of Ian Lewis on the Whatdotheyknow website “Use of barrister in Wirral Borough Council v. Kane and Woodley” which provides a little more detail.

redacted invoice Fernbank Farm court case Carol Kane Eileen Woodley Metropolitan Borough of Wirral
redacted invoice Fernbank Farm court case Carol Kane Eileen Woodley Metropolitan Borough of Wirral
unredacted invoice Carol Kane Eilieen Woodley Metropolitan Borough of Wirral Birkenhead County Court invoice £1800
unredacted invoice Carol Kane Eilieen Woodley Metropolitan Borough of Wirral Birkenhead County Court invoice £1800

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