Special Meeting (Wirral Council) Part 2 20/2/2012 Anna Klonowski Report

Well I’ve finally uploaded the last of the footage I took at the Special Council meeting a week ago to Youtube. A few videos ended up with errors so about three speeches have been cut. It’s all in a playlist now if you want to see it from start to finish. Part 1 (all 15 … Continue reading “Special Meeting (Wirral Council) Part 2 20/2/2012 Anna Klonowski Report”

Well I’ve finally uploaded the last of the footage I took at the Special Council meeting a week ago to Youtube. A few videos ended up with errors so about three speeches have been cut.

It’s all in a playlist now if you want to see it from start to finish. Part 1 (all 15 minutes of it) from two weeks ago when it was first adjourned can be viewed by clicking the link.

Part 1 of the resumed adjourned meeting is below and forms part of a playlist so you can easily get to the next part. A speech of Cllr Green is missing at the end as I ran out of battery and about three speeches have had to be shortened due to errors on the video file. It should give a good idea about what it was about if you weren’t there though, and as promised during the meeting itself a number of names of people and organisations have now been made public.

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.

Wirral Council meeting (13th February 2012) Leader Cllr Foulkes loses second no confidence vote

There was drama and excitement last night as Cllr Foulkes tried to persuade the Tory and Lib Dem councillors to let him stay on as Leader of Wirral Council.

A debate on the HESPE report and AKA report was adjourned partly due to the HESPE report not being ready (despite an earlier assurance it would be) and councillors grumbling over all the blacked out sections of the AKA report that they hadn’t been allowed to see.

Cllr Foulkes felt this wasn’t fair. He said he was worried about justice and claimed he would be sacked before getting a chance to debate the report [Ed – it’s an office he held, not employment so he can’t be “sacked” just voted out].

He wanted the whole thing adjourned to the 20th February and that he would be “seeking independent legal advice”. The Mayor decided to hear the no confidence motions in him anyway. Cllr Harney and Cllr Green both outlined why they wanted Cllr Foulkes to go.

Cllr Phil Davies gave an impassioned defence of Cllr Foulkes, stating that he “doesn’t believe it’s right or just to place the entire blame on Steve Foulkes”. He pointed out how the issues dated back to 1997, through three different leaders, two chief executives and various Directors of Adult Social Services. He said there was a strong argument that all political parties on the Council should take the blame as to why they didn’t take action or ask questions.

He said the “nasty, personal attacks on Steve” were “bang out of order” and that Labour would not take part in a three party Cabinet leaving the Tories and Lib Dems to run it as a Coalition or collaboration.

Cllr John Hale finished his speech by saying, “You have sat too long for any good you have been doing lately … Depart, I say; and let us have done with you. In the name of God, go!” which sums up a lot of what the Conservative councillors had to say.

Impassioned speeches were made in defence of Cllr Foulkes, Cllr Kenny pleaded with them to wait until the May elections. Cllr Steve Williams compared Cllr Foulkes to an incompetent surgeon who needed to be removed before he does any more harm. Cllr Adam Sykes’ speech was interrupted by the Mayor, keen that he used the word alleged in respect of things alleged in the AKA report.

Cllr Foulkes said he was not in it to seek personal gain but wanted to point out what had been done. He apologised again to Martin Morton and anybody who had suffered a detriment in the past. He said they had got it “horribly wrong on Fairer Charging” and got heckled by someone from the public gallery shouting “he hasn’t got his job back”.

The Mayor gave a stern warning to the public gallery and said it was the last warning that if there was any further disruption she would order it cleared.

Cllr Foulkes referred to an unspecified “disgraceful blog” and said he was sorry if sticking ruthlessly to Anna’s recommendations had been misinterpreted by Cllr Tom Harney as lack of involvement. He wanted to make it clear to people in the public gallery that he had apologised and pointed out he had disbanded the Corporate Governance Committee and set up an Improvement Board. Cllr Foulkes said he tried to do things in an open and honest fashion, but that he couldn’t trust Cllr Green [Leader of the Tories] as far as he could throw him.

There were harsh words between the Mayor and Cllr Foulkes who finished by saying he was “not begging for my job”.

Cllr Green said he was not one for Standards Board complaints, but that Cllr Foulkes had called his trustworthiness into question. Cllr Foulkes was forced to apologise.

Cllr Stuart Kelly mentioned the senior officers who had been implicated had left under the cover of a compromise agreement, did this contain a gagging clause? He said “the cover up continues” and compared it to Watergate. He did acknowledge that Cllr Foulkes had “been badly advised” but that not to pay a price and resign diminished him.

Various other councillors spoke either for or against Cllr Foulkes’ removal as Leader. After all the speeches the meeting was adjourned. The Lib Dem motion of no confidence was combined with the Tory motion and went to the vote.

In favour to remove Cllr Foulkes were 36 councillors, against were 30, so he was removed as Leader of Wirral Council. After another adjournment there was a vote as to whether Cllr Phil Davies should be Leader. Thirty voted for and 36 voted against.

There was then a vote on Cllr Jeff Green as Leader, and he was elected Leader by 36 votes to 30. The Mayor asked Cllr Green to make an acceptance speech.

Cllr Green thanked Council for the confidence placed in him and that he wouldn’t name his Cabinet now. He hoped for an all party Cabinet and thought it was “genuinely important to find ways of working together”. He wanted the trust to be regained in Wirral Council and was going to defer Budget Cabinet from the 20th February to the 21st February. He would also send the Budget to the Council Excellence Overview and Scrutiny Committee to allow it to be scrutinised. Cllr Green wanted to accelerate the work of the Local Democracy Working Party.

He wanted a pause to reflect if the new management model for the Department of Adult Social Services was the best model. Cllr Green also wanted the Audit and Risk Management Committee to “be more activist”.

Cllr Green then answered a question from myself on the redacted parts of the AKA report. He said he wanted the maximum amount of information shown in public, but that he had to be responsible and speak to Bill Norman.

There were then a series of votes on the motions and the meeting finished soon after.

Health and Wellbeing Overview and Scrutiny Committee 6/2/2012 Part 2 Anna Klonowski report

Following on from part 1 Bill Norman continued.

Bill Norman said that a number of names should be disclosed to councillors. One of those names was his and he had no reason in them not knowing which number he was in the report (although some may have already guessed). He was working towards giving them this information, but pointed out it had been a non-statutory inquiry.

Cllr Simon Mountney asked if he was correct that there was no unredacted report?

Bill Norman said there was no unredacted report in his possession. However there was a list of names with the draft report which had been circulated to a small number of officers and councillors.

Cllr Paul Doughty said he found it amazing that the party opposite were looking towards making political points.

Cllr Mike Hornby said it was the people of Wirral who’ve suffered by it being “swept under the carpet” and the “deplorable” way it had been handled.

Cllr Sheila Clarke said as Carer’s Champion she had hit the “brick wall of legal” and didn’t know of the report into Kent House which went into serious safeguarding issues regarding its vulnerable residents. She said that someone from the Cheshire and Wirral Partnership [NHS Foundation Trust] was here tonight. She said all this was done by bypassing the formal scrutiny process.

The Chair, Cllr Patricia Glasman said it was on the Cabinet papers and went before Cabinet on the 2nd February and that it had “not been kept from view”.

Simon Wagener talked about accountability and transparency. He wanted to echo the views of users and carers, who didn’t believe that the option of anonymity should’ve been extended. He said that those identified should be held responsible and have to be held to account. Mr. Wagener said a senior manager in the Department of Adult Social Services had said their responsibility lay to the Director of the Department. He said this was a conflict of interest and that they need to be held accountable to the people they serve and carers. He said to have those people “kept in the dark” was “not in the public interest” or in service user’s interests.

Graham Hodkinson, Director of Adult Social Services said that all officers had a clear responsibility to the people they serve. He suggested that the officer had wrongly informed [Simon] and that they all have legal and professional registration as individual professionals which covered accountability and responsibility. He agreed that officers are accountable to the people of Wirral.

Simon Wagener said there was mention of an ongoing review, who had this been conducted by?

Cllr Mike Hornby said the report had been commissioned by the Council and paid for by taxpayers.

Bill Norman said yes it was paid for by the Council, but they had been informed by Anna that assurances had been made that names were not appearing. It was a voluntary process and assurances had been given, therefore there was a legal and moral obligation to respect this, which they were seeking to clarify through independent lawyers. He understood they were working towards that goal but there might be legal consequences.

Health and Wellbeing Overview and Scrutiny Committee 6/2/2012 Part 1 Anna Klonowski report

The meeting started off cordially enough with the Chair Cllr Patricia Glasman welcoming people to a special meeting of the Health and Wellbeing Overview and Scrutiny Committee.

She asked for declarations of interest. Cllr Denise Roberts said she was a member of the Members’ Working Party and wanted clarification on whether it was an interest. In Bill Norman’s view it wasn’t an interest she needed to declare.

The Chair asked for any party whipping arrangements, none were declared. She said she had something to read and circulated a motion. A Conservative councillor asked for a ten minute recess so after three minutes the meeting was adjourned.

After the adjournment the Chair asked if she wanted them to read out her motion. They did, so she read it out in full.

Cllr Cherry Povall, spokesperson for the Conservative Party said her first point was that they’d only just been handed the Improvement Plan and that it was designed to bypass scrutiny.

The Chair pointed out that the Action Plan was published on the intranet on the 2nd February and had been available since then.

Cllr Simon Mountney said, “It’s taken four years almost to get to this point and members of the public are currently asking for us to name and shame. Well to be honest I think it’s even more than that. I think it’s name and hold to account. If people prove under that process to have something to answer, then in fact there might even be prosecutions to follow, as I understand the police are involved in this.

So how do you expect to sweep this under the carpet whilst there is a police investigation into this issue is beyond me? This is one of the most serious matters this Council…”

The Chair interrupted and denied that they were trying to sweep it under the carpet.

Cllr Simon Mountney said “Well I think by this statement that you’ve issued just now, what you’re looking to do is move on. Well I’m not ready to move on and I don’t think my colleagues are ready to move on. We need to know who is responsible for this and at this point in time we don’t! We haven’t even had a non redacted version of the report. How can you expect this Council to move on when we don’t know who was responsible for one of most serious issues to happen in this Council for many years?

It’s just beyond me how you have the audacity to issue this kind of report saying let’s move on. We don’t have the answers yet! How can we possibly move on? The report talks about people turning up with baseball bats and you want us to move on? It’s just absolutely beyond me, I don’t understand how your party and you as an individual can continue with this ridiculous issue that it’s going to go away.

This is not going to go away and I’m going to make sure it doesn’t go away till I get the answers that I’ve been seeking for four years. Now we’re getting to a point perhaps where the answers will start to come out, because it will go to a public investigation of some sort. It will. So don’t, let’s not try and sweep it under the carpet because that’s what you’re trying to do.”

The Chair, Cllr Patricia Glasman said “I’m not trying to sweep anything under the carpet. Nobody is and I’m…”

Cllr Simon Mountney said “You are trying to sweep it under the carpet by saying let’s move on!”

The Chair said, “I would be very grateful if nobody here tonight reduces this to the level of personal abuse. With regards to the issue of naming names, I’d be grateful if the Director of Law could answer that.”

Cllr Simon Mountney asked who had put together the statement, whether it was the Chair and if it wasn’t he’d like to know who?

Bill Norman, Director of Law, HR & Asset Management said, “Following a previous meeting of this committee I was informed there was a request from a number of Members to seek an unredacted copy of the Anna Klonowski report. Errm when we received the request for an unredacted version…”

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.

Cabinet (Wirral Council) 12th January 2012 Any Other Business – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 4

Jim Wilkie, Chief Executive said he would make some very brief comments and did about the Anna Klonowski report and the other summaries attached.

Cllr Steve Foulkes said it was a “damning report”. He hoped the members of the public could understand why there had been an elongation of the Right to Reply to allow the process to take place. He believed the way matters had been dealt with had clearly not been appropriate. He thanked the former Leader, Cllr Jeff Green.

Cllr Foulkes said it was fully costed and they would continue to engage [AKA Ltd] for the foreseeable period. He saw it continuing going forward to the next available Cabinet meeting. He felt it need to be discussed in full and with other whistleblowing issues.

The Highways and Engineering Services Procurement Exercise report was discussed by Cllr Foulkes in detail. He said the main accusations were people being overcharged and compensation as well as other forms of abuse. Cllr Foulkes said they had been investigated and reported to the police.

Cllr Foulkes mentioned detailed work on the Action Plan and how to “move forward”. He said the view to the outside world was one of reputational damage to Wirral Council. They were engaging an external body to help and advise which would hopefully counter the insular culture.

He referred to a Corporate Governance Committee briefing and the “Improvement Board” which would include North West Employers to hold them [Wirral Council] to account. The Chief Executive and Bill Norman would keep an overview on how they dealt with the Action Plan. He mentioned hope and prayer and picking up comments by employees.

There was outrage and outrage by individuals and harm to individuals. He gave a public apology to Martin Morton which was a “genuine case” that Wirral Council had “not dealt with appropriately”. The Audit and Risk Management Committee had had a time of reflection, but should now move forward with a final resolution.

Graham Hodkinson was now Director of Adult Social Services and he welcomed him to his new post. He then read out the following resolution verbatim that was also handed out to those present. He said an apology to Martin Morton had been added. He wanted discussions to continue with Martin Morton to ensure an “amicable outcome” and a job with the authority. However they had to tie the loose ends up and it was not for Cllr Foulkes or the Cabinet to speak on behalf of Martin Morton.

He said it was the final outcome and that it helps the audience. He said it was a “difficult report to read”. He had tried to give encouragement to people working in the Department for Adult Social Services, but that it can’t go without thorough investigation.

Cllr Phil Davies formally seconded the resolution. It was agreed by the Cabinet. The resolution is below.

On a Motion moved by Councillor S Foulkes and seconded by Councillor P Davies it was

RESOLVED (unanimously): That

(1)       the Exempt Appendices 2 and 4 be brought into the public domain;

(2)       the previous Council Leader, Councillor J Green be thanked for engaging AKA to investigate the claims of Mr Martin Morton (and others);

(3)       the Council apologises to Mr Martin Morton and discussions will continue with him in the hope that an amicable outcome is reached; and

(4)       this Cabinet recognises the serious failings contained within this report and the harm done to vulnerable adults as a consequence of those failings.

It accepts unreservedly the recommendations made in the report and asks the Chief Executive to draw up an Action Plan demonstrating how those recommendations will be implemented, which should be reported back to the next Cabinet, and referred from there to a Special Council for full debate.

Cabinet welcomes the fact that the Chief Executive has already asked:

§ The Director of Adult Social Services, supported by the Head of Safeguarding, to urgently review the Final report for any further safeguarding issues that need to be addressed

§ The Director of Law, HR and Asset Management, supported by the Head of Human Resources and Organisational Development, to urgently review the Final Report to ensure all appropriate action is taken,

§ The Director of Law, HR and Asset Management, in consultation with the Director of Adult Social Services and the Head of Safeguarding, to urgently review the Final Report to consider whether any historic safeguarding failures should be referred to the Police, (or any relevant regulatory body) for investigation.

It further notes the actions already under way listed in paragraphs 3.8 to 3.10 which include:

§ A series of measures to strengthen the Council’s  safeguarding of vulnerable adults

§ An ongoing review into the Council’s whistle blowing and harassment and bullying policies and

§ A wider review of the Council’s Corporate Governance (including a review of all fees and charges)

And notes that these measures are designed to ensure that the situations contained within the report could not be repeated in the Department of Adult Social Services or elsewhere across the Council.

Cabinet is also conscious of the fact that one of the criticisms in the report is that in Wirral Council the “abnormal has become normal”.

Cabinet therefore endorses the decision of the Leader of the Council to set up an Improvement Board, under the umbrella of the LGA, with external representatives from the LGA and elsewhere, including the author of this report, Ms Anna Klonowski, to ensure that any future decisions are taken on the basis of best practice rather than accepted Wirral practice.

Cabinet further endorses the decision to refer the Action Plan to be drawn up by the Chief Executive to this Improvement board for their Scrutiny and comment.

Cabinet also refers the Final Report to the Health and Well Being Overview and Scrutiny Committee for their Scrutiny and Comments.

Cabinet believes that this Final Report should be seen in tandem with the Martin Smith report into allegations of bullying and harassment and therefore believes it would be in the public interest to publish this report,  and refer it to the Special Council called to discuss the Final Anna Klonowski’s report, along with a separate report on HESPE which also arose from the actions of Whistleblowers and the Council’s response to those Whistleblowers.

Cabinet thanks Ms Klonowski for the detailed work that has gone into this Final Report and expresses its hope and belief that these findings can be used as a catalyst for major improvement and change.

It further hopes that this will allow the Council to move forward from this point to the provision of radically improved services and a much more open and transparent culture which welcomes and learns from criticism and responds rapidly to complaints or concerns at the earliest possible stage, preventing a situation like this from ever arising again.