Tag: Anna Klonowski Associates

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

                       

On Friday I asked at a meeting of the Improvement Board, Graham Burgess (Wirral Council’s Chief Executive) the following question:

The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England decision notices) have not been published. If Wirral Council is now “open and transparent” when will the other fourteen appendices be published (except for appendix L)?

A Appendices as Referred to in the Report
B Equality and Human Rights Commission Letter Dated 29 December 2010
C First Improvement Plan
D Care Quality Commission Inspection Report
E Charging Policy for Supported Living Services
F Documents Relating to 27 Balls Road
G Standards for England Decision Notices Cllr Pat Williams, Cllr Moira McLaughlin, Cllr Denise Roberts and former Cllr Ann Bridson
H Documents Relating to Reimbursement Claims
I Emails Relating to Supported Living Contracts
J Documents Relating to Service Provider 2
K Documents Relating to Service Provider 3
L Medical Information Relating to Martin Morton (MEDICAL IN CONFIDENCE)
M Documents Relating to Service Provider 4
N Minutes of Adult Protection Strategy Meeting Relating to Service Provider 4
O Documents Relating to the Safeguarding Adults Unit
P Minutes of the DASS Monitoring & Development Sub Group Meeting Held on the 11 December 2008
Q Employment Dates for WMBC Employees

A brief explanation about some of the acronyms used above. DASS refers to Department of Adult Social Services and WMBC to Wirral Metropolitan Borough Council. Service Provider 2 was Assisted Living Services (ALS), Service Provider 3 was Salisbury Independent Living Services (SIL) and Service Provider 4 was Options for Living according to this key to the terms used in the Anna Klonowski Associates report.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

The answer given by Graham Burgess (unfortunately he didn’t give a separate answer for each appendix) and starts at 6:12 in the video above was, “Just a response to the first question which relates to a whole series of appendices to the AKA report.

Our view is that all those appendices actually contain very sensitive personal information and to release those appendices would be in breach of data protection and also the duty we have to individuals that gave us information in confidence or relating to their own personal, medical or financial circumstances. Therefore it’s our view that it would be inappropriate to release those documents as they contain a whole host of sensitive information.

Clearly these matters can be tested, if people wish to test our view, by FOIs and the Information Commissioner but so far our position has been and has not been challenged in respect of those appendices. As you can see from some of them anyway clearly showing they do contain very sensitive personal information.”

Joyce Redfearn, Chair of the Improvement Board said, “I think that was recognised within the question certainly in terms of one of the appendices.”

Cllr Jeff Green, Leader of the Conservative Group said, “Yeah, can I just check with the Chief Executive said ‘We decided’ who the we were?”

Graham Burgess, Chief Executive responded, “It’s err the Council. I’ve no doubt said the Council.”

John Brace said, “Sorry, as I’m entitled to a supplementary on that. In relation to P in that list which is the minutes of the DASS Monitoring & Development Sub Group Meeting. I know that there were councillors present at that one and that was used as a justification that councillors had signed off on the special charging policy. So if you released it with the other names blacked out, wouldn’t that then mean people could then have at least a bit of accountability as to who the people were who agreed to that?”

Graham Burgess responded, “Can I also say Chair, that with your agreement it would be the intention of the Council to print all these questions, to place all these questions on our website and all the answers to them as well so they can be unearthed by people who couldn’t make this meeting so they could see what was said and what we’re saying.

In respect of that errm, obviously this is a question we got at five o’clock last night which was reasonable and obviously your supplementary has just been asked now. So I’d need probably to go away and take advice on that point and we’ll give the answer both to you John personally and put the answer on the website for everybody to see. Certainly Joyce and the Improvement Board will take that into account when they write the final report.”

Joyce Redfearn said, “So thank you for the particular question, it was really helpful.”

Below is the first appendix I asked to be published, appendix B (Equality and Human Rights Commission Letter Dated 29 December 2010) supplied by Paul Cardin (not Wirral Council), who has further information on some of the background to the letter in a blog post headlined “The Saga of DLA Piper – can the truth finally be allowed to emerge? Er, not yet…”. You can click on the image of the letter for a larger image, but as search engines can’t spider images, the text of the letter is also included below it.

Letter to Angela Eagle MP from Mike Smith, Chair of the Disability Committee of the Equality and Human Rights Commission

Equality and
Human Rights
Commission

equalityhumanrights.com

29 December 2010

Angela Eagle MP
House of Commons
London
SW1A 0AA

Dear Ms Eagle
Mr Paul Cardin

In response to your letter of 9 November 2010, in which you outline Mr. Cardin’s concerns that the overcharging of disabled residents amounted to discrimination.

I do not agree with the conclusions drawn by the Council’s Director of Law namely that discrimination did not occur because the residents were not overcharged for reasons relating to disability.

Current discrimination law and supporting case law clearly establish that motive and intent are irrelevant to this issue. The facts are that disabled people were subject to unlawful levels of charging (whether or not the cause was maladministration).

It is therefore the opinion of the Commission that Mr. Cardin’s concerns should be included in the Inquiry, in order to identify whether there are other issues or systemic problems that need to be addressed.

Furthermore inclusion of Mr. Cardin’s concerns in the Inquiry will assist the Local Authority in communicating their commitment to fully investigating this matter.

Yours sincerely

Mike Smith
Chair of the Disability Committee

Equality and Human Rights Commission
3 More London Riverside
Tooley Street
London
SE1 2RG
Tel: 020 3117 0235
Fax: 020 7407 7557
info@equalityhumanrights.com

The Equality and Human Rights Commission was established by the Equality Act 2006 as the Commission for Equality and Human Rights

So going through the list of reasons Graham Burgess gave for not publishing appendices such as these.

1. Does it contain “very sensitive personal information”?

No, it doesn’t. It does contain Paul Cardin’s name and if Wirral Council wished to protect his privacy it could easily have been released the letter with his name blacked out. However I had Paul Cardin’s permission to republish the letter without any redactions.

2. Would it be a breach of the data protection legislation for Wirral Council to release and publish such a letter?

In my view no (apart from the point about whether Paul Cardin’s name should be included when published or not). Wirral Council have been criticised in the past for using the spurious reason of data protection legislation to try and stop filming of their meetings so I don’t think they’re as familiar with this legislation and case law on the subject as they claim to be. My own personal experience is that I’ve previously won a case (in 2012) in the Birkenhead County Court involving a breach of the Data Protection Act 1998 where one of the two defendants was a Wirral councillor. Sadly it seems at least one Wirral councillor has very little understanding of the data protection legislation.

3. Would it breach the duty Wirral Council has to individuals that gave them information in confidence?

No, this is a letter written to Angela Eagle MP. I very much doubt that Mike Smith was told by Anna Klonowski Associates Ltd that his letter would be kept confidential or that he was providing it on these terms to Anna Klonowski’s investigation on those terms.

4. Does it relate to personal, medical or financial circumstances?

No, it does relate to overcharging but not in detail.

This however brings us to a final question which seems to be the crux of the matter.

5. Would releasing or publishing a letter from the Chair of the Disability Committee of the Equality and Human Rights Commission that states that disabled people were subject to unlawful levels of charging which amounted to discrimination, which contradicts the legal opinion of Wirral Council’s former Director of Law be something that would be embarrassing to Wirral Council? The answer to that one is yes. As usual comments on this matter are appreciated.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

12 Questions for the Wirral Council/LGA Improvement Board

12 Questions for the Wirral Council/LGA Improvement Board

12 Questions for the Wirral Council/LGA Improvement Board

                                

The Wirral Council/Local Government Association Improvement Board is asking for questions to its meeting on Friday. Here are a few unanswered questions.

Q1. The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England Decision notices) have not been published. Whereas there are strong reasons not to publish appendix L (Medical Information Relating to Martin Morton provided in confidence), if Wirral Council is now “open and transparent” when will the other fourteen appendices be published?

A Appendices as Referred to in the Report
B Equality & Human Rights Commission Letter Dated 29 December 2010
C First Improvement Plan
D Care Quality Commission Inspection Report
E Charging Policy for Supported Living Services
F Documents Relating to 27 Balls Road
G Standards for England Decision Notices
H Documents Relating to Reimbursement Claims
I Emails Relating to Supported Living Contracts
J Documents Relating to Service Provider 2
K Documents Relating to Service Provider 3
L Medical Information Relating to Martin Morton (MEDICAL IN CONFIDENCE)
M Documents Relating to Service Provider 4
N Minutes of Adult Protection Strategy Meetings Relating to Service Provider 4
O Documents Relating to the Safeguarding Adults Unit
P Minutes of the DASS Monitoring & Development Sub Group Meeting Held on 11 December 2008
Q Employment Dates for WMBC Employees

Q2. On the 14th April 2011 Cabinet resolved with regards to the Martin Smith report decided that “at the conclusion of all the necessary internal processes Mr Smith’s report be made public”. On the 12th January 2012 Martin Smith’s report was published, however all the names (presumably of Wirral Council officers and councillors) contained within the reported were redacted before publication. Is publishing the redacted (rather than full) report complying with the spirit of the earlier Cabinet decision? Will Wirral Council to publish an unredacted version of the Martin Smith report?

Q3. Martin Smith’s remit was to “seek to establish whether Martin Morton was subject to any bullying or other inappropriate behaviour by any officer or Elected Member, or by the Council as an organisation, and to present a report on my findings”. Presumably considering his remit some of the blacked out names in his report would be the names of councillors. As councillors are accountable to the people of Wirral, how can the people of Wirral hold their elected representatives to account unless the Martin Smith report is published including the names of councillors in it?

Q4. Bearing in mind questions one to three, does the Improvement Board understand that because of the obfuscation referred to, that the Wirral public will find it hard to believe that Wirral Council has changed when there are so many unanswered questions surrounding these events due to the lack of transparency and accountability?

Q5. The Standards Committee of Monday 4th July 2011 discussed an administrative error that had occurred in dealing with the standards complaint made by Martin Morton made regarding Cllrs Roberts, McLaughlin, Pat Williams and Bridson. He had initially made a complaint about Cllrs Roberts, McLaughlin and Pat Williams, but had replaced this with a more detailed complaint involving Cllrs Roberts, McLaughlin, Pat Williams and Bridson. This second complaint mysteriously vanished from Wirral Council’s files. A public apology was made at the time by the Monitoring Officer to Martin Morton and the councillors who were the subject of the complaint. Did any Wirral councillors have access to the revised complaint prior to its disappearance from Wirral Council’s files if so who were they?

Q6. A separate and unrelated complaint about one of the four councillors referred to in question five (ref SfE 2010/02) was decided on the 20th December 2010. However the covering report sent to the panel which decided was incorrectly titled “Report of the Monitoring Officer – Case Reference 2010/03” . This report to the panel also omitted that the original complaint referred to an alleged breach of 6(a) of the Code of Conduct. As an apology was given for an administrative error to the complainant referred to in question 5, will an apology for this administrative error be given to the complainants of complaint reference SfE 2010/02 and the subject of the complaint?

Q7. In the review report it states “it is proposed to strengthen the independent nature of the Audit and Risk Management Committee through the appointment of a majority of external members”. How many independent members of the Audit and Risk Management Committee will be appointed, who will they be appointed by and will the Audit and Risk Management Committee be chaired in future by one of these independent members?

Q8. The Strategic Director for Regeneration and the Environment Kevin Adderley has been mysteriously absent of late from recent public meetings at Wirral Council. Can a reason be given for this to quash (or confirm) the rumours circulating as to the reasons why?

Q9. Although Wirral Council is meeting its target of responding to 85% of Freedom of Information Act requests within twenty days during the Information Commissioner Office’s monitoring period, a greater proportion of Freedom of Information Act requests have been turned down. If memory serves me correctly, this has been achieved by dedicating greater human resources to responding to Freedom of Information Act requests. This raises the questions, are these resources temporary and only for the Information Commissioner Office’s monitoring period (and if so how will the current performance be maintained once these resources are withdrawn) and how does refusing a greater proportion of Freedom of Information Act requests tally with the administration’s stated desire to be more “open and transparent”?

Q10. The reports into whistleblowing allegations raised about Wirral Council’s BIG (business investment grants) and ISUS (Intensive Startup Support) have both not been published in full despite being received by Wirral Council in the Spring of this year. The Executive Summary to the Grant Thornton report into the BIG scheme was published by Wirral Council on the 15th July (the companies referred to in the Executive Summary were anonymised). If the Executive Summary to the ISUS report follows the same format as the BIG report and has also been anonymised, why has this not been published also?

Q11. The recommendation at the end of the review into the Improvement Board’s work recommends a review by the end of the year, ending the work of the Improvement Board and the Council following the next steps recommendations in the report. Does the Improvement Board think that the Corporate Governance Committee should be reconstituted to ensure sufficient oversight by councillors of the work identified in the “Next Steps” section?

Q12. a) Are the LGA members of the Improvement Board financially renumerated for their work on the Improvement Board?
b) Is Wirral Council invoiced by the LGA for the Improvement Board’s work?
c) If the answer to (a) or (b) is yes, could amounts be given (whether exact or approximate) of the total cost to Wirral Council over the lifespan of the Improvement Board?

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Foulkes “it was the committee system that actually put in the policies that led to the overcharging within the Klonowski report”

Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Foulkes ” it was the committee system that actually put in the policies that led to the overcharging within the Klonowski report”

Continued from Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Blakeley “Where will it end, what next? Will Wirral be twinned with Pyongyang?”

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Foulkes “it was the committee system that actually put in the policies that led to the overcharging within the Klonowski report”

Cllr Foulkes thanked the Mayor for his introduction. He said “This is actually one of the times we’ll have a proper debate”. He said that the other two parties (Conservative and the Lib Dems) wanted effectively no change to the constitution. Cllr Foulkes said if they’d genuinely wanted to change the constitution they could’ve sat down with their mentors and brought forward proposals. He said the only person who’d done any work on it was the Council Leader [Cllr Phil Davies].

He said that Cllr Green had the audacity to talk about the brown bin tax, he [Cllr Green] had had the opportunity to move an objection at Budget Council but hadn’t do so. Cllr Foulkes said that Cllr Green had been in power along with Cllr Harney and he asked did they take the Council to Shrangri-La? He answered, “No they didn’t. They had their chance at the time, they had the opportunity, but did not do so.”

Cllr Foulkes said, “I’m going to get lectures tonight about getting rid of two committees, one of them is around Adult Social Services and adult safeguarding. We had a training session on Monday night on adult safeguarding, a very informative one, all about how the restructures, how the Council’s delivering it, the staff, the people, one event. Who turned up? How many Conservative Members [councillors] turned up to that training session? How many? Not one, not one, sadly I don’t know what’s going on within the Liberal Democrat Group, we’ve read the headlines about it, I don’t know what was going on there, but none of those turned up and sadly I have to say only five Members [councillors] turned up and well, gladly they were all Labour Members [councillors] who bothered to turn up. If that’s the measure of the all party contribution to learning about safeguarding then we still have some way to go.”

He continued, “It can be enshrined in the year’s work or the work program of the new committee that will take over that and there are lessons to be learnt for combining looking at children’s safeguarding and adult safeguarding. That is a lesson that was learnt from the past.”

Cllr Foulkes also said, “I will remind this Council though, it was the committee system that actually put in the policies that led to the overcharging within the Klonowski report. It was the committee system that made that decision. If you think the committee system is foolproof it ain’t. If you think the Cabinet system is foolproof it isn’t.”

He said, “What I am shocked at is the lack of engagement by certain senior Members [councillors] in the process we have gone through. We’ve been to the Floral Pavillion and the atmosphere is better than in this Chamber.” … “We have a training mafia who are apparently monitoring us and making criticisms of us going to training sessions.” … “It maybe that we can have localised planning decisions, it maybe that we can have localised licensing decisions…”.

Continues at Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr John Hale “these proposals should be consigned to the dustbin where they belong”.

Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Harney “We don’t know where we came from, we don’t know where we’re going”

Cllr Tom Harney (Liberal Democrat Group Leader)’s response to Labour’s proposed revisions to Wirral Council’s constitution

Continued from Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Conservative Leader Cllr Jeff Green responds “We remember the libraries, we remember Martin Morton, we remember what you did in closing care homes, we will make sure that these issues are publicly debated whether the Labour Party likes it or not”

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Harney “We don’t know where we came from, we don’t know where we’re going”

Cllr Tom Harney referred to the Anna Klonowski Associates report and the public interest reports and he felt the Audit Commission “didn’t get it quite right” in investigating various officers. He said although councillors had political differences that he did not believe they were “running a basket case Council”. Cllr Harney said the question now was, “What really was happening?”

He asked if they were coming from a basket case Council or one that had problems, similar to other Councils, which hadn’t received the same publicity as Wirral Council surrounding their problems because Wirral Council had had a whistleblower. Cllr Harney asked, “If he hadn’t said anything publicly, what would our perception be?” and that surveys showed that over half of local government workers had experienced bullying at work. He said, “We don’t know where we came from, we don’t know where we’re going.”

Cllr Harney said that too many comments referred to mythical golden councils around the country. He asked how can they guarantee to the people of the Borough and employees that they’ll support them when they raise problems? Cllr Harney said “there’s a difference between having rules and keeping to them and maybe that’s a lesson that we and many other Councils should learn”.

Somebody heckled Cllr Harney, the Mayor told Cllr Harney just to ignore the heckler.

He said that the Improvement Board was a body that didn’t make decisions, hasn’t got a decision-making ability and no means of enforcing anything. Cllr Harney thanked the Mayor for his forbearance.

Continues at Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Cllr Blakeley “Where will it end, what next? Will Wirral be twinned with Pyongyang?”.