Category: Wirral Schools Forum

The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed

The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed

The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed

                                                                  

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

Here are my thoughts on a few aspects of the recent Cabinet decision last Thursday evening about Lyndale School.

Q1. So who was the decision with regards to Lyndale School made by?

A1. The decisions about Lyndale School were made by Cllr Phil Davies (Labour, Birkenhead and Tranmere), Cllr Tony Smith (Labour, Upton), Cllr Bernie Mooney (Labour, Liscard), Cllr Stuart Whittingham (Labour, Upton), Cllr Chris Meaden (Labour, Rock Ferry), Cllr Chris Jones (Labour, Seacombe), Cllr Adrian Jones (Labour, Seacombe), Cllr George Davies (Labour, Claughton) and Cllr Pat Hackett (Labour, New Brighton).

Q2. But that’s only 9? I thought the Cabinet had 10 councillors on it!

A2. Cllr Ann McLachlan (the tenth Cabinet Member) wasn’t present at the meeting.

Q3. So does the fact she was missing alter things?

A3. No, nine out of ten is still enough to be quorate (enough councillors there to make a decision). One less councillor means one less vote to be counted, one less person possibly speaking and therefore a shorter meeting. There is no deputy system for Cabinet Members. There was no vote held during the meeting where her vote (one way or the other) would’ve made a difference to the outcome anyway. According to an email, Councillor Ann McLachlan is “away” from 29th August 2014 to the 8th September 2014 which covers the evening this meeting was held on the 4th September 2014.

Q4. So what’s she Cabinet Member for anyway?

A4. Cllr Ann McLachlan is the Cabinet Member for Governance, Commissioning and Improvement

Q5. Sorry I’m too busy laughing that Wirral Council has a Cabinet Member for “Improvement”. You’re joking right?

A5. No, I’m not.

Q6. So what was the Cllr Phil Davies’ amendment (seconded by Cllr Bernie Mooney) to the original recommendation?

A6. The recommendation (as amended) is here. Cllr Phil Davies’ amendment to the original recommendation is as follows:

Add new additional item to recommendation after paragraph 1.2:

  • 1.3 That the Director of Childrens’ Services to ensure that Education, Health and Care Plans for all pupils of the Lyndale School are completed by the 31st October.

As Cllr Phil Davies said at the time of proposing his amendment, “It’s really important we have them in place as soon as possible.” I am presuming here that implies 31st October 2014 rather than 31st October 2015 as he didn’t specify a year at the Cabinet meeting.

Q7. So what’s an “Education, Health and Care Plan” anyway?

A7. It’s a legal requirement on Wirral Council to produce an “EHC needs assessment” (an assessment of the educational, health care and social care needs of a child or young person) on request because of the legal requirements placed upon them by the Children and Families Act 2014 c.6 (sections 33-34, 36-60).

Q8. So who can make such a request for an EHC Plan?

A8. Either parents, the young person his or herself, a person acting on behalf of a school or a person acting on behalf of a post-16 institution.

Q9. Does Wirral Council’s Cabinet fall into one of these categories?

A9. No, but Cabinet has other legal powers to make recommendations to the Director of Childrens’ Services who is Julia Hassall if they so wish.

Q10. OK, so going back to the Cabinet decision. What is the first legal concern you have about it?

A10. Well it relates to Regulations 8-11 of SI 2012/2089.

Q11. Interesting so what are Regulations 8-11 of SI 2012/2089 about?

A11. It is about key decisions, publicity in connection with key decisions, general exception and cases of special urgency.

Q12. OK, so is the decision about Lyndale School a “key decision”?

A12. Yes, key decisions are defined in Regulation 8 as a Cabinet decision (executive refers to the Cabinet) which is defined as follows:

“8. (1) In these Regulations a “key decision” means an executive decision, which is likely–

1 (a) to result in the relevant local authority incurring expenditure which is, or the making of savings which are, significant having regard to the relevant local authority’s budget for the service or function to which the decision relates; or

(b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the relevant local authority.

In determining the meaning of “significant” for the purposes of paragraph (1) the local authority must have regard to any guidance for the time being issued by the Secretary of State in accordance with section 9Q of the 2000 Act (guidance).

Q13. So do Wirral Council regard it as a “key decision”?

A13. Yes.

Q14. So what’s the problem then?

A14. Well the regulations state in relation to a key decision that “that decision must not be made” unless certain requirements in Regulations 9-11 are met.

Q15. So what are the requirements in Regulations 9-11?

A15. That Wirral Council has to either “28 clear days” before the Cabinet meeting of the 4th September 2014 both publish a document on its website (and have that document open for inspection) which states the required information outlined in 9(1)(a) to 9(1)(h), or inform Cllr Moira McLaughlin and publish a notice on its website 5 clear days before the meeting or get Cllr Moira McLaughlin’s permission that the meeting is urgent and publish a notice to that effect on its website.

Q16. So did Wirral Council publish a document 28 clear days before the meeting containing the information in 9(1)(a) to 9(1)(h)?

A16. No, however it did publish a document 28 clear days before the meeting containing information in 9(1)(a), 9(1)(b), part of 9(1)(c) and 9(1)(d).

Q17. So they didn’t publish the information required by part of 9(1)(c), 9(1)(e), 9(1)(f), 9(1)(g) and 9(1)(h)?

A17. Yes.

Q18. Did they get Cllr Moira McLaughlin’s permission and publish a notice to that effect then?

A18. No.

Q19. Did they inform Cllr Moira McLaughlin and publish a notice to that effect then?

A19. No.

Q20. So what happens then if they don’t do these things?

Q20. They’re not allowed to make the decision. The regulations are quite clear on that “the decision must not be made”. Therefore the decision is unlawful/ultra vires.

Q21. So you’re alleging the decision on Lyndale School is unlawful, but they’ll just go ahead and implement it anyway?

A21. Yes.

Q22. Are there any other grounds too on which it could be challenged?

A22. Yes. The decision was made by the wrong people.

Q23. Why’s that?

A23. It’s an education matter and they didn’t have the parent governors and Diocesan representatives as part of the Cabinet making the decision.

Q24. But I thought Cabinets didn’t have to have such people as their decisions could be “called in” to the Coordinating Committee that does?

A24. The Coordinating Committee does have parent governor representatives and a Catholic representative (as of February this year) but is missing an Anglican representative.

Q25. But does it really have to have an Anglican representative?

A25. Yes it does. It’s a legal requirement, see s.9 of the School Standards and Framework Act 1998 c.31 / s.499 of the Education Act 1996 and the underlying regulations  such as Regulation 5 of The Local Authorities (Committee System) (England) Regulations 2012 and Regulation 5 of The Education (School Organisation Committees) (England) Regulations 1999.

The Anglican representative has to be decided by the Diocesan Board of Education (Chester Diocese) not Wirral Council.

Q26. Well why doesn’t it have one?

A26. Well the Coordinating Committee made a recommendation to Council to add an Anglican representative on February 5th 2014. The Coordinating Committee suggested Mrs H Shoebridge and Mrs Nicola Smith as parent governors representative as well as Damien Cunningham (Catholic representative) but left the decision over who the Anglican representative would be to Council.

Council met on 25th February 2014 and chose to add Mrs H Shoebridge, Mrs Nicola Smith and Damien Cunnigham to the Coordinating Committee. An extra place for the Church of England representative was added to the committee but nobody was appointed to it.

Q27. So who proposed and seconded this motion at Council?

A27. Cllr Phil Davies proposed it and Cllr Ann McLachlan seconded it.

Q28. Well surely there was some scrutiny from the 63 councillors present as to this oversight?

A28. No, it had been a long meeting by then to decide the Budget for 2014/15 with many card votes and councillors were getting tired. 63 councillors voted unanimously to add the three named representatives to the Coordinating Committee and the extra place for the Church of England representative but failed to decide on who the representative for the latter was.

Q29. So basically they had one job to do (pick a name) and they bodged it due to a lack of scrutiny and oversight.

A29. Yes.

Q30. So what are the consequences of not having a properly constituted Coordinating Committee?

A30. The legislation is clear that if the Coordinating Committee doesn’t have the required two parent governor reps, Catholic and Anglican representatives then Cabinet has to when considering education matters (in my interpretation).

Q31. So does Cabinet have two parent governor representatives, a Catholic and an Anglican representative?

A31. No.

Q32. Are there other reasons (other than the two above) why this decision about Lyndale could be unlawful?

A32. Yes.

Q33. What are they?

A33. Well they relate to Wirral Council’s responsibilities under the Equality Act 2010 c.15, Disability Discrimination Act 1995 c.50, Disability Discrimination Act 2005 c.13 and Human Rights Act 1998 c.42. There may be others I haven’t thought of.

Q34. Wow that’s a lot! Can you be a little more detailed?

A34. S. 6(1) of the Human Rights Act 1998 c.42 in relation to Protocol 1 (Article 2) “Right to education”.

In relation to the Equality Act 2010 c.15 there would be legal concerns about Section 13, section 15, section 19, section 26, section 27, section 85, section 86, section 112, section 149, section 150 and section 158.

In relation to the Disability Discrimination Act 1995 c.50 there would be concerns about sections 19, 21, 21B, 21D, 28A, 28B, 28C, 28F and 49A.

In relation to the Disability Discrimination Act 2005 c.13 there would be concerns about sections 2 & 3.

Q35. So there are in total legal concerns about four different Acts of Parliament, two different sets of regulations comprising 25 different legal concerns?

A35. Yes.

Q36. So what’s the first step in the legal process?

A36. Someone involved in the Lyndale decision, whether staff, parents, children, a person who submitted a consultation response, attended a consultation meeting or signed the petition should write a letter to Wirral Council’s Cabinet and Wirral Council’s legal department stating that if it isn’t sorted out then court action will follow. The general protocol is that Wirral Council then have two weeks to provide a response.

Q37. And if Wirral Council says no, what happens next?

A37. It would result in multiple cases would be filed in the courts with jurisdiction to hear such matters. Two examples would be the Birkenhead County Court and Royal Courts of Justice (sometimes referred to as the High Court).

It would then be up to the courts to decide who was right and wrong in this matter if Wirral Council was in the wrong, appropriate compensation and possibly quashing of all or part of the original Cabinet decision.

Based on my past experience of such cases (which I will point out at this stage that none of this is not to be construed as legal advice) some of the many legal grounds listed above (on their own) would not be sufficient for a judicial decision to be made against Wirral Council.

Some however are stronger than others.

My opinion is based on other reported cases, being personally involved in at least one involving one of the pieces of legislation and knowing that in a civil matter it would be decided on the “balance of probablities”, that this is a highly complex and hard to predict legal matter that boils down to both subjective and objective matters, interpretation of the facts and other matters. The legislation as written opens up wide opportunity for Wirral Council to claim various defences to their actions and undoubtedly Wirral Council would hire an experienced barrister to do this.

Some alleged breaches are just purely technical and in the past the judicial viewpoint has been that caveats in the legislation provide defences to those sued. Some would depend on the judicial interpretation of the various law as there are multiple interpretations of the same words. The external costs of Wirral Council defending such a legal action could go to tens of thousands of pounds with internal legal costs possibly being a similar amount (officer time, resources etc). However the costs of bringing such an action (solicitor, barrister, court fees, postage, documentation preparation etc) would also come to a similar sum.

Obviously if the cases were won, such legal costs (if a judge agreed to it) could be claimed back from Wirral Council. It would not be something to be considered “lightly”. Cutbacks made in recent years by the government to the courts system mean that cases now take far longer than they used to. Fees for court cases have also been increased.

However if something isn’t done soon, any case (whatever its merits) would be rejected by the courts for being out of time. Judicial reviews have to be brought “promptly” (and within three months of the decision although it is not advisable to wait so long as permission will be denied). Disability discrimination cases have to be brought within six months of the action complained about. Outside of this time it is up to the Court whether they accept them or not.

It is also possible that there are legal matters that I have not contemplated that could be grounds for challenging the Cabinet decision.

The Cabinet decision could also be called in by opposition politicians once the Cabinet minutes are published in draft form. However as the Coordinating Committee does not have an Anglican representative it would have to again refer a recommendation to a future meeting of the Council and then adjourn its meeting until after Council has decided. Pending legal action would also possibly complicate the call in process (which would not be quick).

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Councillors discuss schools, free school meals and 4 Wirral schools in special measures

Councillors discuss schools, free school meals and 4 Wirral schools in special measures

Councillors discuss schools, free school meals and 4 Wirral schools in special measures

                                 

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Last night’s meeting of Wirral Council’s Attainment sub-committee started off well enough. Before the hour of six o’clock had even been reached, Cllr Moira McLaughlin was chomping at the bit to be made Chair. As there was only one Conservative councillor present and many, many Labour councillors, it was hardly likely she wouldn’t become Chair.

The Labour councillors then agreed to Cllr Wendy Clements being Vice-Chair.

The Chair, Cllr Moira McLaughlin pointed out that Cllr Alan Brighouse wasn’t present, but decided to continue the meeting anyway. To be perfectly honest I’m glad as if every meeting waited until Cllr Alan Brighouse was present things would never start on time as like another councillor he has a reputation for poor timekeeping.

Apologies were given for Julia Hassall who would be late. Declarations of interest were given as some councillors were school governors.

The minutes were agreed. The Chair said that the main thrust of the meeting would be a presentation from Deborah Gornik (who wasn’t there). The Chair was informed that Deborah Gornik would also be late as she (and presumably Julia Hassall) were “at another meeting”. Were they meeting each other? What was this other meeting about? Who knows?

The one officer (apart from the one taking the minutes) that had turned up on time, Sue Talbot gave her report on standards (which is not often a word you hear at public meetings of Wirral Council).

However this was about standards of education for at the Key Stage 1 and Key Stage 2 level, with a focus on raising standards and what happened to the education of those in local authority care (adopted or fostered). The phrase “good news story” was repeated by Sue Talbot many times.

Cllr Alan Brighouse was the first to speak and used words like “pretty fantastic improvement” followed up by a question about falls in numbers of children eligible for free school meals. The answer given was that the eligible benefits for people for apply for free school meals had changed which partly explained the drop and in answer to a further question that the officer preferred to use numbers of children rather than percentages.

The Lib Dem spokesperson (as the only Lib Dem he’s therefore the spokesperson) continued to talk about primary schools becoming academies (at this point I wondered if he was going to explicitly mention Lyndale). Sue replied that Wirral Council still had legal duties towards academies and mentioned the academy representatives on the Wirral Schools Forum and Sue went on to say the good relationship that Wirral Council has with primary schools (which if you’ve been following the Lyndale story is a matter of opinion).

Cllr Wendy Clements then asked about floor targets, the officer replied that no schools triggered all four triggers but they had banded schools (sound familiar?) and there were four schools in band four… followed up by her favourite phrase again “good news story”. Cllr Clements asked a follow up question and the answer given was that they were keen to track children who come out of care but admitted that sometimes they don’t keep an eye on those children.

Cllr Moira McLaughlin asked a question about whether children subject to care orders were monitored. The officer replied not yet, but said that once the virtual headteacher role was shared that id would help. Cllr Walter Smith asked about intervention strategies. Sue Talbot gave a detailed reply going into detail about how two of her team concentrated on early years, one on english and one on maths. She said that Her Majesty’s Inspectorate had highlighted a problem they had with British working class boys and went into detail as to what her team does.

Cllr Walter Smith asked if nursery provision had any effect on children going into primary school. The answer given was yes as long as it was good quality. Cllr Tony Norbury referred to his work as a school governor and asked how the changes to school meals in primary schools would affect free school meals? The officer answered that schools were proactive at doing this as it led to additional funding through the pupil premium for them. Cllr Tony Norbury asked two follow up questions, to which the answers were “too early to tell” and “pupil’s circumstances change”.

Cllr Phillip Brightmore asked about free school meals too. The answer given was that how they encouraged people from September could be different as all infants would get free school meals. The councillor referred to the table and referred to the Wirral West figures. Sue Talbot referred to “pockets of deprivation” in Wirral West in her answer. He then brought up the results for Pensby High. Sue Talbot said that the results might change as the school had sent the whole cohort back for remarking therefore the figures were provisional.

Cllr Tony Norbury asked about English as a second language and the strategies there. Sue Talbot referred to the Ethnic Minority Achievement Service and how they need to support schools, however kids with English as a second language seemed to be better at phonics that people who had English as their mother tongue. She referred to Polish teaching assistants and Urdu speakers.

The Chair Cllr Moira McLaughlin moved the meeting to item 8 (OFSTED reports). Sue Talbot gave a brief introduction and talked about the four schools that were being monitored by OFSTED due to previously poor inspections. One was becoming an academy so would not be in special measures due to this as special measures status disappeared when a school became an academy.

Cllr Phillip Brightmore pointed out that such things “doesn’t help the kids”. Cllr Wendy Clements referred to a “clean start” followed by a comment by Cllr Alan Brighouse.

The officer explained that new academies were given twelve months to become established. A further inspection could happen any time after twelve months. There was an academy planned to start on the 1st September, but it hadn’t happened but the school had changed its name to Kingsway Academy. The delay had been caused due to complexities caused by the PFI contract.

At this point nearly half an hour into the meeting (at agenda item 8 out of 9), the Director of Children’s Services Julia Hassall and Deborah Gornik arrived.

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Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9)

Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9)

Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9)

                                                  

Phil Ward (Wirral Council's SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014 (who chaired the consultation meeting at Acre Lane on the 16th June)
Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014 (who chaired the consultation meeting at Acre Lane on the 16th June)

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Continues from Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8).

This transcript starts about 1 hour and 4 minutes into the meeting.

PHIL WARD
Next question, ok, yes, thank you.

UNKNOWN SPEAKER (MALE)
I’d just … (unclear)… and this side here, listening to the people who are around who have been giving their opinions, errm frontline people who have all the experience of all the years of looking after the children and seeing all those who have those difficulties that have actually come about you know!? Why aren’t they sitting there? Why aren’t they sitting there telling you, what the nature of those problems are and …(unclear)…ing to you how they feel that it should be dealt with and what would be the best way? Why don’t you prefer no experience to (unclear).. key parts…(unclear)… when you’ve got people with loads of experience and anyway you’re not going to do it at the end of the day?

He received a round of applause.

COUNCILLOR DAVE MITCHELL
I’m going to make two points and one is that what is being proposed of the nature of, we need to go back and look at errm individual pupils and we need to do this before we take a democratic decision, before we decide.

The second point is really concerning those children, errm the children of Lyndale and the point Ian [Lewis] touched on earlier, is that moving the children from the Lyndale School to other schools, those are children with different sets of needs and can we invite all those Lyndale actions you know?

What I would like and the children who are at Lyndale, could we be, could we be learning from them? They need the care they’ve got! It’s (unclear)…and you know, I think the point is relevant for me, I think playing one off against the other and it’s a case of the children at the Lyndale, hopefully so we’ll still get the benefit of that, but the children themselves (unclear)… and then (unclear) …and then you have the ability to cause problems and I am really concerned about that! I’m really concerned about that.

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How was the history of the Lyndale School closure consultation rewritten by Wirral Council?

How was the history of the Lyndale School closure consultation rewritten by Wirral Council?

How was the history of the Lyndale School closure consultation rewritten by Wirral Council?

Phil Ward (Wirral Council's SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014

Phil Ward who chaired the consultation (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014

A while ago, well nearly two months ago I was at the last of the six consultation meetings about Lyndale School. Nobody could really fathom out then why the officers were keeping the notes of these meetings “a secret”. In fact, had it not been for the Freedom of Information Act request of the Wallasey Conservatives I doubt they wouldn’t have been published for a further few weeks (and let’s face it they can use “future publication” as a reason to turn down FOI requests).

The officer chairing that meeting, Phil Ward was adamant in that meeting that the notes were for councillors on the Cabinet. Previously on this blog I’ve written up a transcript of the first hour or so of that meeting. Yesterday I compared the transcript of the meeting to the notes that officers wanted to use to tell Cabinet Members about the meeting.

One of the councillors in Eastham (where Lyndale School is) (who was present at the meeting) is Cllr Chris Carubia. He has written several books for example, The Raven Flies which is described as “finding out the location of his father, Sigurd and his crew, join King Olaf of Norway’s invasion to the land of the Moor’s, encounter a strange new culture and battle a savage new enemy”. I’ve never read any of his books (this isn’t really a blog for book reviews) but this is to make a point. The reason I mention this obscure fact is that his books would be put in a library under the “fiction” section. He used his imagination to come up with them. They’re made up.

This is probably where the notes (which let’s face it officers were going to use to persuade Cabinet to make the decision they wanted) should be as they are veering towards a fictional account of that meeting. Now the alternative viewpoint is, oh don’t be so cruel John, officers are doing their best under difficult circumstances. Yes, they are, but we’ve seen this subtle rewriting of history recently before at the Improvement Board where Wirral Council asked for questions from the public, rewrote their questions and handed out the “approved” version of history to those at the meeting hoping nobody would “spot the difference”.

So what is the proof I have of this? Well yesterday (and believe me it took some time to do as it was a two-hour meeting) I compared the notes to the transcript of what was said by whom. I am only about halfway through the meeting. It is only then when you can compare and contrast the two versions that you see what edits were made, what was left out and how things were changed. After all this is consultation, Wirral-style where we ask for your contributions but then officers meddle afterwards with them.

Call me biased (because let’s face it on Lyndale I am and it’s an editorial line we all agree on here but this is a serious point about how consultations are done and how decision-making happens). Is this the way consultations should be done? If the information politicians take into account when making important decisions has been altered in between being gathered and being put before politicians by officer/s is this honest? Does the way the notes were presented originally give anybody reading them the impression that the meeting was vastly different to how it happened and the misleading impression (as apart from a brief list of some present) as no names are used so that officer’s views can look like people responding to the consultation?

Below this is just the first half of the meeting compared to the notes. Things I have added are I hope highlighted in green. There are aspects of the notes that are broadly similar to what happened and I’ve left them in unedited. The aspects of the notes that seem to be at odds with what was said, have got a line through and are replaced with a direct quote of what was actually said. There are sections which were originally blank in the notes and some of the extra detail has been added.

This is so you can compare the “Wirral Council version” to my version of what happened based on the transcript. I hope that is clear. Most of the changes happen to the “key points” column. As names aren’t in the original version, this could’ve originally given the misleading impression that “key points” were made by the public. However this is just officers’ (and the Cabinet Member’s) viewpoints. It would take a long time to transcribe the rest of the meeting and do the same with the last few pages of the notes. If I have the time I will though. You can listen to the whole consultation meeting at Acre Lane about Lyndale from start to finish if you wish. Please leave a comment on this as (as has been mentioned many times by politicians and others before) getting consultation right is key to the decision making process at Wirral Council.

Annotations are added in red.

Public Consultation Meeting re The Lyndale School held at Acre Lane

16th June 2014: 5.30pm to 7.30pm

In Attendance:

Julia Hassall: Director of Children’s Services, Phil Ward Senior Manager SEN, Councillor Tony Smith: Lead Member for Children and Family Services (arrived late not present from start), David Armstrong: Assistant Chief Executive, Andrew Roberts: Senior Manager School Funding and Resources.

Attendees 34.

Questions/Comments                                                      Key points

Can we have a copy of the notes which you have been taking throughout the 6 consultation meetings

Could you then have key bullet points, or pick

up the themes and can we see them.

These are high level summary notes and not minutes and we will be using them to inform Cabinet. They are to capture your views

Phil Ward: “They’re not for circulation.”

They will be made public when our report goes

to Cabinet

I have been to 100 companies so far and have asked them what they think of the closure of Lyndale and they are 100% against it.

You are public servants and you should be serving the needs of people not yourself

Thank you for your comments

Phil Ward: “Is that something you’d like to submit to us?”

The consultation document is not worth the

paper it is written on

Phil Ward: “point taken”

When the children’s assessments are done

will they be used to cost need. Will you look at the banding

The assessment is about capturing the most up to date information of a child. This will be done on an individual basis

Phil Ward “then we had captured the up to date information that we retain on the children so that we could begin on an individual family basis”

The banding system is new and it was agreed by the Schools Forum.

There will be review after the first year. DA/AR will feed this information you are raising back to the Forum

David Armstrong “Just on the banding system, the banding system where we have five bands because of the special schools budget.  Clearly, it’s new so it’s only been in place for a short while and I mentioned the Schools Forum before.” … He referred to the Schools Forum and how questions about the banding feed into the Schools Forum.

 

Ed – 1st update: Everything below this has gone a bit wrong (table wise) below this point. I’m working on fixing it! 2nd update: Fixed (11:36 13/8/14) 3rd update 3:55 pm removed duplicate cell in column 1 (above)

Councillor Dave Mitchell:

Will the petition from
5 years ago also be presented to Cabinet?

“Will that include the decisions made by Council which were fully supported by all parties?”

All 3 parties fully supported it and decided not to close Lyndale

“I think that’s a very important issue, it should actually be highlighted. It was a notice of motion to Council and it was fully supported by the local authority at that time.”

 

David Armstrong: No, it would just include references to previous reports.

Julia Hassall: This is a new consultation.

“We did make clear reference to that to my recollection at the call in.”

Lyndale school is a fabulous resource inside
the school as well as outside. We are able to take our children out so that they can enjoy the trees, the garden etc. The idea of
squashing us into another school is not conducive to provide a high level of care and education

Phil Ward: “Thank you for that point.”

Is it 5 or 10 places in Stanley School, it is
just a play on words

The new building was built to accommodate a higher number of pupils.

The number of extra places will depend on the needs of the children

David Armstrong: “The school’s brand new and what we learnt when the Lyndale School was built was looking at primary schools. We built them absolutely tight on the existing campus. We found that the schools became more popular and also you’re building something for fifty or sixty years. We’re building something for fifty or sixty years, so we’re building to a generous standard and the new style that was built to a generous standard. The school, the school that we’re building had a capacity of ninety pupils. The new building is capable of taking a hundred and ten and the reason for that is that we’ll be building to the maximum standards in place, we’re building some spare capacity because we’re investing several million pounds for the next couple of years.” 

Are there any PMLD children at Stanley School at the present time?

No, but there are some children with PMLD at Elleray Park

David Armstrong: “The school was built to take the full range of PMLD.”

I have visited Stanley School and I would be petrified to leave my child there.
I think it would be a massive risk as I don’t
think my child will be safe “would
be absolutely petrified to leave Scott there. I’m absolutely petrified.”

 

Both Head Teachers are confident that they can safely integrate your children into their school. Across the country there are many
schools who do this successfully

Phil Ward thanked her for her point.

 

Has anyone spoken to Paediatricians or
Specialist Health Visitors about this consultation

Phil Ward: “Sorry I can’t speak for paediatricians, but surely the point… No they have not, no is the answer to that.”

 

What is going to happen if there are growing
numbers with children with CLD if you transfer our children into Elleray and Stanley

This is something which we have to manage all the time. We need to keep
up with the changes in SEN.

Phil Ward said the question had come up a number of times and the answer was that Wirral Council has a responsibility on specialist provision. When there was evidence that the numbers were growing in any particular category then they would start discussions with schools to plan places.

 

In your special arrangements to provide an up
to date assessment of each child you need to take into account that some of the children don’t have language etc and the
environment is as important as well as relationships, friends, as well as a sense of place and security. They need a safe environment and this could be difficult if you mix them with children who have ASC
ASD (autistic spectrum disorders)

We have asked our Principal Educational Psychologist to ensure that we have an up to date picture of each child and their needs. She understands each child and if we know the needs of each child, this will help to drive our future provision

Julia Hassall “This is why we’ve got our principal educational psychologist pulling together a group of meetings with the key
staff involved with each child, the parents, any health professionals to really understand each individual child but also how the children interacty with each other.”

What about Councillor Chris Carubia: However nobody had mentioned Foxfield School before?
That was a great provision why have you not put this forward as an option

This is a secondary school; children come into this school at aged 11. One of the options mentioned in the consultation document is a 2 to 19 provision. We are looking at Foxfield School as an option as parents have asked us to.

Also it is important to remember that if we close Lyndale we will have a discussion about each child and parents can state their preference for any school

How come at Stanley only 90% is funded,
will this mean that the other 10% will not be funded and have to
be found our of their resources

She said that there were ten children at the school [Stanley] that were not funded and would this be sorted out if the Lyndale School children went to Stanley School?

Annually there is a census for each
school. Numbers are reviewed and amended taking this into
account.

Andrew Roberts replied, “In terms of places at special schools, those decisions are taken annually. So the schools take it at a point in time, the decision taken in respect of Stanley was taken last November as a census. Clearly we need to be reviewing, as do the number of places at other special schools.”

We gained public support when we fund raised £80,000 for the sensory garden,
if you close what will happen to it and how will you give the money back to the general
public who had donated it?

This
was their hard work and you are going to knock down Lyndale!

There is an amphitheatre; do you know who built it?

It was the YTS lads from Wirral Action

Phil Ward: “We don’t know”
David Armstrong: “there’s no decision been taken to determine it”….
In other schools we have always made sure that if we were about to
close and transfer the children, we relocate
any other equipment where possible. “anything that was in memory of a particular pupil we’ve dealt with that first and then we’ve gone on from that” We will look to relocate the sensory garden

David Armstrong: “I don’t know.”

David Armstrong: “I can’t know every detail.”

No

Ian Lewis

4 years ago officers put forward a
proposal to close Kingsway Primary
School because it was not financially viable and this was voted against and this school is still here. So what is to say 4 years on Lyndale will not be the same and continuing to deliver high quality care and education.

“If in four years time that’s [Lyndale] still here, who’s to say it won’t be viable?”

Kingsway remains a small school which limits its budget income and there is
an outstanding Council resolution to carry out a review.

David Armstrong “In Kingsway, we haven’t gone back, but at some point there’s a Council resolution to go back and revisit Kingsway.”

 

Elleray and Stanley school do not
always provide 1 to 1 support or even 2 – 1 support for their children so if you relocate Lyndale will that not effect
their financial viability

The Head Teachers of both schools are
confident that they will be able to manage integration of the children from Lyndale.

Ian Lewis

5 years ago at a full council meeting
all 3 parties agreed to keep Lyndale open. Therefore the message is keep it open

Julia Hassall The
difficulty as mentioned is that there is a change to the funding formula and we have been funding empty spaces in this school. You
have been really clear during these consultations that what you want is wherever your children go to school that it needs to
replicate the provision at Lyndale

“No, no the significant difference Ian now to five years ago, is the government have changed the funding formula. So Lyndale is
currently funded as if there were actually forty children at that school and over the last seven years, the numbers have gone down. It’s been about fifty odd percent occupancy in the school and following the exact funding formula, it will mean that as some point, the £10,000 per a child will have to be applied and that will mean £230,000 for twenty-three children as opposed to £400,000 because there aren’t the children in the places.”

I have an issue in relation to the banding of our children. I accept that they all have different needs but my worry is that my child who is on band 4 is getting £8,000 less than others on a band 5 but what will happen at Stanley School?
what band are they because how much money are they going to have taken off them?

We do not think that this will work as my son needs 1 to 1 care as although my son can feed himself he also needs to be fed as well.

Andrew Roberts: The banding is a new system and only came into being on 1st April 2014.

David Armstrong The question about whether your child is on the right band needs to be fed in to their annual review. You can also take this up with the Principal Educational Psychologist.

Julia Hassall said, “Can I just add one other bit, I think it’s important to feed that in through the psychologist when the meetings are taking place as well.”

If the banding was changed would that keep the school open?

David Armstrong:

In relation to the National Funding, Local
Authorities have the ability to say what system they are going to use and Wirral chose to do a banding system which has no flexibility.

“decided to do away with this system, which you know because it was easier,
but it really doesn’t have much flexibility or address the actual needs of the children involved.”

The difficulty is that by the time you go to the Schools Forum to change this system, Lyndale will be closed

(no response given)

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Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

                           

Phil Ward (Wirral Council's SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014
Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014

Lyndale School has of course made the news again, as the “high level notes” of the six consultation meetings have been published in response to a Freedom of Information Act request.

The concept that these “high level notes” should actually be used as part of the decision-making process is an interesting one.

I was at one of the six consultation meetings so I looked at the “notes” for that one and compared it to my own notes, transcript of the first hour (part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8) and an audio recording of what actually happened.

As Tom Harney (the Chair of governors at Lyndale School) himself said at that actual meeting in relation to another matter “it’s amazing the things that go on”. He was also one of the few speakers at that meeting to get applause. The comments made by Cllr Paul Hayes (a Conservative councillor who if I remember correctly was also present at that same meeting) about the consultation process as reported in their local paper were very critical of the way the consultation process and that meeting was handled.

As I’ve mentioned the Conservative and Lib Dem positions, I should mention that the only Labour councillor I recognised at the meeting (Cabinet Member for Childrens’ Services Cllr Tony Smith) arrived late. It is of course extremely difficult to describe what the Labour position is on Lyndale School other than being pro closure consultation, telling the public that they have an open mind and that no decision has been made yet. A decision is expected on the 4th September on the next stage. The point that Labour are keen to make is not for Labour to do things that would give the impression that they have made their mind up. This was again made at the July Council meeting by Councillor Tony Smith and Councillor Phil Davies.

So in the words of a Wirral Council officer Phil Ward what was the purpose of these notes about the meetings? Phil Ward said “They’re notes recording the high level points raised at the meetings and importantly we will be reporting them to Cabinet.”

I had a look through the notes for the one question I asked in the two-hour meeting (something is there but it bears little resemblance to what I asked). It wasn’t there in any form that resembles what I asked. Maybe it wasn’t classed as “high level” enough. Maybe I should instead have started by saying “This is a high level question I am asking so please put it in the notes”. Or maybe Wirral Council doesn’t like putting down tricky questions and answers and prefers to subtly rewrite the historical record to suit itself.

However this isn’t about me. This is about Lyndale School. Let’s have a look at the notes Wirral Council produced.

Here’s the first line of their notes “10th April 2014: 10am to 12pm”

Err no, seems Wirral Council can’t get the date and time of its own consultation right (which should worry you there right from the start if they can’t get the simple stuff right like the date and time!) It should read “16th June 2014: 5.30pm to 7.30pm”.

Turns out there were two different meetings at Acre Lane as part of the consultation. There were notes from both meetings. Apologies.

Moving on, it seems the “points” column according to the table used are not what the people had to say at the consultation. No the “points” column is reserved solely for points made by officers and the Cabinet Member Cllr Tony Smith.

The more difficult questions raised, the important concerns of parents about what’s going to happen, what appears in the points column? Nothing… almost as if Wirral Council is ashamed as to what was said to these questions to be known in public.

Even some of the answers that do make it are misleading. At least one of the officers is in fact tying themselves in knots and going into policy areas that strictly speaking in my opinion they shouldn’t. To the best of my knowledge all the officers at that meeting are in politically restricted posts. One of these legal restrictions from what I remember is that they are not allowed to “speak to the public at large or to a section of the public with the apparent intention of affecting public support for a political party”.

Now I will make this clear, I’m not referring to Julia Hassall, David Armstrong or Andrew Roberts. These people are senior professionals and although I’m sure people like me make doing their jobs more difficult, I will state now my personal opinion that all three have been extremely professional in my past dealings with them.

This is despite me doing what in any other sphere of life outside the political arena would be classed as behaviour that would lead to people falling out with each other. I have written things (robust criticism would be putting it very mildly) that disagree with their professional opinions and have pointed out what I perceive as flaws in arguments they have used. They know I do not however do this out of malice or anything personal.

That’s just the nature of politics as one of the rules is “don’t take things personally”. Other people’s opinion of them may be wildly different but like myself they are doing a job in a highly political environment, so criticism goes with the territory. They are public figures (as are politicians) and are rewarded with a high salary partly to reflect the problems that having to deal with the likes of the press can cause.

Now you can point out at this point the press is supposed to be impartial. I try to be even-handed (and believe me that’s very difficult at times) and to quote Cllr Jerry Williams recently “There’s no side to the gentleman, he does a very good job”. An editorial decision (and I’m pretty sure the Wirral Globe takes a similar policy stance too) was made a long time ago that we’re against the closure of Lyndale School, but obviously in the reporting of this matter to do it justice we have to report both sides of this issue.

There are people of course that are for the closure of Lyndale School. You are entitled to your opinion too (it just happens to be one that this publication disagrees with but that is the nature of politics)! However one of the extremely important roles of the press in society is to stand up for the viewpoints of people who can’t advocate for themselves. The children of Lyndale School are in that position.

The person to whom my criticism is about at that meeting is the Wirral Council officer Phil Ward. Now I’m not saying he said things downright stupid and overt like “vote Labour in May” I’m not. However throughout the whole meeting he appeared to champion a particular policy position/stance on this matter.

There is admittedly a fine line between explaining decisions that have already been made and talking about decisions that have yet to be made by politicians in the future. The former is entirely legitimate for officers to do. Taking policy positions (especially on a party political matter such as how education budgets are spent) is something that officers have to be very careful of.

Now officers can say in relation to future decisions “based on my professional advice or opinion I advise you to do X (or X, Y and Z are options I’d prefer you to do X). However the decision is up to you.” That is one thing, however they should not advocate support when speaking to the public during a consultation for a particular political decision that has yet to be decided or even worse give the impression that a decision has already been made when it hasn’t yet (even if they think they can guess how it will be made). If they go down this route, their impartiality will be called and can be called into question (and his was during the meeting).

No officer at Wirral Council I know of before in a politically restricted post has done what was done at that consultation meeting by Phil Ward in the way he did it. Believe me, during meetings politicians have put officers under extreme pressure to take sides. Most officers with some common sense (and there are a lot of them at Wirral Council) will politely decline to answer such questions. This is what should happen.

This was however what the audience at Acre Lane found so amazing. A consultation is supposed to be about listening to their views (and yes Wirral Council has a long way to go on getting better at involving the public in their decision-making). However chairing this meeting was an officer who was the equivalent of waving a red flag to a bull. Had he come to the meeting with the genuine attitude of “We’re here today to hear your views, the purpose of the consultation is to do that, we appreciate you being here and we’ll listen carefully to what you have to say.” then I think the audience would’ve applauded him. However the impression the audience got was that he was lecturing them and completely impervious to any other viewpoints.

Sadly this particular officer did somewhat get stuck in “broadcast” mode. However, this attitude leads to the audience getting the following impression and I quote from the notes “No one has fully answered any question. You are just white-washing it. You have already made your decision”.

The Wirral public are not stupid, nor are they children. They are able to read people’s body language and how they say something. How something is said and the person’s body language when saying it are a large part of its meaning. Sadly Phil Ward didn’t seem politically savvy enough that night to develop a positive relationship with the audience. Nor did he seem to appreciate the way power shifts. The senior officers are better attuned to these kind of things.

There was for example in that room that night, Emma Rigby from the Wirral Globe, myself and Leonora. For those who recognise us, they’d know that that amount of people from the press means you have to be very careful what you say. I hope to carry on in the next few days with publishing a transcript of the long meeting itself. In the meantime the below links should take you to what has been published so far.

Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)
Lyndale School Consultation Meeting: Funding, banding and need (part 7)
Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)
Lyndale School Consultation Meeting: questions about the sensory garden, resources, Elleray Park and Stanley (Part 5)
Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)
Lyndale School Consultation Meeting: questions about banding, outdoor space and Stanley School (Part 3)
Lyndale School Consultation Meeting: David Armstrong explains why there’s a consultation and questions begin (Part 2)
Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

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Audio of entire consultation meeting

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