Tribunal confirms that Wirral Council paid ~£48,000 to Emma Degg connected to confidential compromise agreement

Tribunal confirms that Wirral Council paid ~£48,000 to Emma Degg connected to confidential compromise agreement                                             In a recent Tribunal judgement involving a freedom of information request made to Wirral Council by Paul Cardin, there has been official confirmation that the ~£48,000 payout by Wirral Council to a former employee was to Emma Degg (referred … Continue reading “Tribunal confirms that Wirral Council paid ~£48,000 to Emma Degg connected to confidential compromise agreement”

Tribunal confirms that Wirral Council paid ~£48,000 to Emma Degg connected to confidential compromise agreement

                                           

Emma Degg at the Wallasey Constituency Committee Working Group 1st October 2014
Emma Degg at the Wallasey Constituency Committee Working Group 1st October 2014

In a recent Tribunal judgement involving a freedom of information request made to Wirral Council by Paul Cardin, there has been official confirmation that the ~£48,000 payout by Wirral Council to a former employee was to Emma Degg (referred to in the judgement as X).

Emma Degg was a chief officer at Wirral Council. She was the Head of Neighbourhoods and Engagement on a salary of between £77,697 and £86,330.

It has been revealed in the judgement that before leaving Wirral Council Emma Degg signed a confidential compromise agreement with Wirral Council. This compromise agreement included not revealing the amount she was paid to leave Wirral Council or the date she was paid it.

The FOI request along with Wirral Council’s responses can be read on the whatdotheyknow.com website and ICO decision notice FS50522678 can be found on ICO’s website.

Mr. Cardin’s appeal to the Tribunal was dismissed. The judgement stated that the Article 8 (privacy) rights of Emma Degg was a factor in favour of not disclosing the information.

The Tribunal upheld ICO’s decision notice FS50522678 that the information requested should be withheld on grounds that it constitutes personal information.

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Labour councillors vote to hold Girtrell Court closure decision behind closed doors

Labour councillors vote to hold Girtrell Court closure decision behind closed doors

                                                      

Cllr Chris Blakeley explaining his notice of motion on Girtrell Court to Wirral Council councillors at a public meeting 14th March 2016
Cllr Chris Blakeley explaining his notice of motion on Girtrell Court to Wirral Council councillors at a public meeting 14th March 2016

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The first part of the debate on Girtrell Court can be watched in the video above (starting at the 22 minutes 21 seconds point)

Councillors at yesterday evening’s meeting of Wirral Council debated a notice of motion on Girtrell Court proposed by Conservative Cllr Chris Blakeley. He asked councillors to agree that the decision on the future of Girtrell Court should be taken during a public meeting rather than behind closed doors.

The Labour councillors (in an amendment proposed by Cllr Phil Davies) disagreed with this and instead restated their previous position. Their view was that a decision on the future of Girtrell Court should be made behind closed doors by the Cabinet Member Cllr Chris Jones and the Director of Adult Social Services Graham Hodkinson.

The Lib Dem councillors (in an amendment proposed by Cllr Phil Gilchrist) agreed with the original motion, but called for all the background and supporting material to be published when Cllr Chris Jones makes her decision.

The Lib Dem amendment didn’t receive enough votes to be agreed as it was only supported by the four Lib Dem councillors. Labour’s amendment received 36 votes for, 24 votes against with one abstention.

It was also announced during the debate that bookings for Girtrell Court will be extended to the end of August 2016.

The following was agreed yesterday evening by councillors:

Girtrell Court

Council believes that it is important to offer service users and their families a choice of respite care provision. People want the ability to choose the type of care and support which is right for them. At present they are unable to do this. This is not about a building or provider, it’s about the person.

Council notes that the Leader of the Council has previously stated that he wants his Administration to be open, transparent and fair with the people of Wirral. Council welcomes this approach.

Council notes that a detailed debate on Girtrell Court took place at Budget Council on the 3rd March and a clear way forward was agreed. This involves statutory consultation with service users and their families followed by a clear new service offer and events for carers and cared for people to meet potential new providers. Services will be commissioned to meet all of the identified needs at that stage. Authority will be delegated to the Director, in conjunction with the Cabinet Member, to make decisions in order to avoid undue delays which would prolong uncertainty. We are not imposing deadlines on when this process will be complete and, in the meantime, Girtrell Court will remain open.

Council further believes that the families of those using Girtrell Court, the staff, trade unions and residents and users must be given every opportunity to influence the future of Girtrell Court through a clear and transparent decision-making process.

 

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Will councillors vote to gag a debate on whether Girtrell Court decision is made in public?

Will councillors vote to gag a debate on whether Girtrell Court decision is made in public?

                                                   

Bernard Halley (left) talking about Girtrell Court at the Wirral West Constituency Committee 11th February 2016 L to R (foreground) Bernard Halley, David L to R (background) Graham Hodkinson, Cllr Matthew Patrick
Bernard Halley (left) talking about Girtrell Court at the Wirral West Constituency Committee 11th February 2016 L to R (foreground) Bernard Halley, David L to R (background) Graham Hodkinson, Cllr Matthew Patrick

In a surprise twist, the debate on a notice of motion on Girtrell Court has become like the thought experiment Schrödinger’s cat.

The reason the debate might not be heard is because of Standing Order 17(1) in Wirral Council’s constitution (see page 162:

17. Rescission of preceding resolution

(1) No decision of the Council (including a decision taken by a committee or panel under delegated powers) may be reconsidered by the Council on a notice of motion within six months of the date of the earlier decision unless the notice of motion (under Standing Order 7) is signed by 17 members of the Council. If that motion is rejected by the Council neither it nor one to the same effect can be considered by the Council for six months.
 

However standing order 17, doesn’t apply to debates on large petitions, which are dealt with according to Wirral Council’s petitions scheme.

In the case of a petition of at the time of writing 6,593 signatures the petition scheme states “Petitions that must be considered by the Council – these must be signed by at least 3,000 people who live in the Borough”.

So in order for there to be a debate on Girtrell Court tonight either:

(a) Councillors could decide to suspend standing order 17 to allow the debate on Girtrell Court to go ahead, or

(b) Bernard Halley submits his large petition which triggers a fifteen minute debate as debates on petitions aren’t subject to standing order 17 or

(c) Councillor Blakeley finds fifteen other councillors to sign his notice of motion and therefore the debate goes ahead.

Tonight’s public meeting of Wirral Council will start at 6.00pm in the Council Chamber at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

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What does the LGA Peer Review of Wirral Council state on overspending, agency staff, morale, consultation and leadership?

What does the LGA Peer Review of Wirral Council state on overspending, agency staff, morale, consultation and leadership?

What does the LGA Peer Review of Wirral Council state on overspending, agency staff, morale, consultation and leadership?

                                                   

Cllr Ann McLachlan Cabinet Member for Transformation and Improvement at a Cabinet meeting on the 7th March 2016
Cllr Ann McLachlan (Cabinet Member for Transformation and Improvement) at a Cabinet meeting on the 7th March 2016

To very little fanfare, Wirral Council have published the 12 page peer review conducted by the Local Government Association last year. This was accompanied by a press release which glosses over some of the criticism in the peer review.

Here are some quotes from the peer review (followed by my comments in italics):

Financial Strategies

In past years the council has been overspending in some directorate revenue budgets and using its reserves to balance the revenue budget. This issue was reflected in the previous peer challenge in 2012 and the council needs to develop the 2016/17 budget and not divert from it. It is currently anticipating a £9.2m slippage on this year’s savings target of £38m.

Political leadership

The Leader’s role as Chair of the Merseyside City Region is seen as recognition of the important role that the Wirral is playing in the development of the city region.”

 

Well shortly after this peer review, Cllr Phil Davies resigned as Chair and Mayor Anderson is now Chair of the Liverpool City Region Combined Authority.

“However, the Senior Leadership Team is not currently giving adequate corporate leadership and this needs to be much stronger if the Plan is to be delivered effectively. More connected leadership is needed from the top to the bottom of the organisation. The council must have the senior officer leadership resource to create capacity to deliver change. The peer team also had a concern at the current high use of consultants and interims who are providing temporary specialist support. This is not a concern about consultants/interims per se, but an observation about their number and duration. The council should continue to ‘invest to save’ – efficiently and effectively – using the right external help for specific time-limited purposes, but look to reduce the overall number of longer-term interims in key roles. The council needs to move quickly to a new organisational shape to support the Chief Executive, including providing the right kind of strategic level capacity.”
 

If I hadn’t written Why has Wirral Council spent £6,003,273.07 on temporary staff over the past 10 months? around a year ago, would this have even been mentioned in the peer review?

Relationship with residents

The council and its partner agencies recognise that they want to form a different relationship with residents in the future. There is general recognition that relationships with local communities has been negatively impacted by the past challenges the council has had to deal with. The new relationship will be based on a clearer Wirral narrative, a greater ability to listen to resident’s issues, making better use of the data and intelligence the council gathers across the Wirral and greater use of channels use as digital and social media.”

 

Ahh, listening to residents’ issues such as over 6,000 signing a petition against closure of Girtrell Court but you go ahead and decide to delegate closure to the Cabinet Member anyway? Or is this all part of listening to residents then doing the opposite of what they want?

The Council’s approach to partnership working

There is evidence of community involvement in the council’s budget processes, although more limited evidence that this has influenced decision-making.”

 

So, this seems to imply that when Wirral Council have a budget consultation, the consultation has a limited effect on the decision after the consultation?

“There is also an opportunity for a more coordinated and cost-effective approach to community engagement amongst the Wirral Partnership members. This might extend to a more joined up approach to communications and campaign activities.”
 

Despite reading this a few times, I’m a little unsure what this means? Anyone care to hazard a guess? I thought the constituency committees were supposed to do community engagement?

New Models for Service Delivery

Delivering significant change must take account of some instances of low staff morale generated by the perception of indiscriminate universal cuts in service provision in recent years.”

In other words Labour councillors constantly going on about government cuts nearly every public meeting is damaging staff morale at Wirral Council.

“The move to new ways of working will need to be driven by a much more powerful Senior Leadership Team to collectively own and drive transformation.”
 

In other words, there’s going to be a senior management restructure and some managers are going to be leaving.

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Piercing the veil of secrecy: 3 invoices paid by Liverpool City Council for legal work

Piercing the veil of secrecy: 3 invoices paid by Liverpool City Council for legal work

                                           

ICO Information Commissioner's Office logo
ICO Information Commissioner’s Office logo

Yesterday I read a blog post by well-known Lib Dem councillor and Mayor candidate Cllr Richard Kemp that made me rather cross.

It wasn’t the bit about gagging orders, or how a councillor was asked to resort to making a Freedom of Information request that I got cross about, but this part.

“Interestingly I have tried to involve the local media in this story. I didn’t get the tiniest response from them. It is part of the role of the ‘fourth estate’ to publicly shine a light on the doings and affairs of those in power. This seems to be lamentably missing in Greater Liverpool these days.”
 

I will point out at this stage that Cllr Richard Kemp hasn’t contacted me or as far as I know anyone to do with this blog! Of course politicians complaining about the press coverage (or in this case lack of press coverage) is nothing new.

Returning to a story on this blog earlier this week Why is Liverpool City Council not complying with ICO decision notice FS50591795?, the response from Liverpool City Council as to why the decision notice hasn’t been complied with has been the somewhat disappointing, “I acknowledge receipt of your e mail [sic] and I am now making enquiries as to the points made”

So, if Liverpool City Council want to do the local government equivalent of sulk because ICO didn’t agree with them and then go and ignore the enforcement notice, well I don’t want their bad habits on freedom of information to be picked up by Wirral Council do I?

Except you know, being the sort of person that believes in the public being informed I might not be withholding as much information as Liverpool City Council would. Please note these documents were not received through the freedom of information process (which seems to be utterly broken at Liverpool City Council).

Let’s start with a £3,000 invoice for the services of the rather scary looking Simon Burrows of Kings Chambers in a case in the Administrative Court (case reference number CO/932/2014 Karl Downey -v- Liverpool City Council). So therefore it was a judicial review. This invoice went to a Mr. Brendan McGrath who is a solicitor employed by Liverpool City Council.

Quite what the case was all about I really don’t know, but the scary looking guy invoiced Liverpool City Council £3,000 for a "Brief on Hearing" which was £2,500 + VAT. You can click on the thumbnail below for an easier to read version.

Kings Chamber invoice £3000 Liverpool City Council Simon Burrows thumbnail
Kings Chamber invoice £3000 Liverpool City Council Simon Burrows thumbnail

Judicial reviews of Liverpool City Council decisions are hardly a big secret are they?

Let’s move onto something that led to one of the budget savings (if I remember my Liverpool City Council budget for 2016-17 correctly).

This is a £978 payment (although as a previous payment has been made in the same matter the total is £4,206) for “In the Matter of Advice regarding the refund of charges made by Liverpool for mental health aftercare services provided pursuant to s.117 of the Mental Health Act 1983

This is for the advice of Neil Cadwallader of Exchange Chambers who thankfully looks less scary than Simon Burrows.

The invoice went to Duncan Dooley-Robinson and Jeanette McLoughlin (who is Liverpool City Council’s Monitoring Officer). As above you can click on the thumbnail for an easier to read version.

Exchange Chambers invoice £978 Liverpool City Council Neil Cadwallader thumbnail
Exchange Chambers invoice £978 Liverpool City Council Neil Cadwallader thumbnail

Let’s move next to the legal cost of political decisions. A decisions of Liverpool City Council’s Licensing and Gambling Sub-Committee was appealed to the Liverpool Magistrates Court. This is a £2,400 invoice from David Hercock of Six Pump Court for a brief on an appeal involving Tharmathevy Thanabalasingam of Kenny Food and Wine.

This invoice went to P (which stands for Paul) Merriman. Clicking on the thumbnail will load an easier to read version.

Six Pump Court invoice £2400 Liverpool City Council David Hercock thumbnail
Six Pump Court invoice £2400 Liverpool City Council David Hercock thumbnail

Well that’s three out of the twenty-two invoices. Hopefully the release of this information will prompt Liverpool City Council into complying with the ICO decision notice!

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