2nd consultation response to Lyndale School closure consultation from Cllr Phil Gilchrist

2nd consultation response to Lyndale School closure consultation from Cllr Phil Gilchrist

2nd consultation response to Lyndale School closure consultation from Cllr Phil Gilchrist

                                                       

Councillor Tony Smith 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, Lyndzay Roberts
Councillor Tony Smith 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, Lyndzay Roberts

Further to this earlier post about the recent consultation on closure of Lyndale School which includes the first consultation response I received, I’m publishing here a second consultation response received by myself from Cllr Phil Gilchrist (a councillor for Eastham ward where Lyndale School is based).

I’m still awaiting a response to my FOI request made a week ago, but as my FOI requests get routinely sent to Wirral Council’s press office for final approval before I get a full response I’m not surprised.

Here is the second response I am publishing to the closure consultation. If you have responded to this consultation and would like me to publish your response (please tell me if you wish your published response to be anonymised) please email me at john.brace@gmail.com. I’ve linked to the Cabinet reports and Cabinet agenda item referred to by Cllr Phil Gilchrist in his consultation response for ease of reference.

From: Cllr Phil Gilchrist, 2 Gordon Avenue, Bromborough, CH62 6AL 334 1923

I object to the closure of The Lyndale School.

The Cabinet adopted funding arrangements which could be re-visited if there was a willingness to address the financial constraints imposed on the school. The report to Cabinet (Agenda Item 13 of 16th January 2014) included a number of comments that foresaw and helped create the financial straitjacket for the Lyndale School.

Section 2.5 made it clear that there was a need for any banded approach to..
‘recognise the resource intensive nature of making provision for those with the most profound and multiple difficulties ‘

The Cabinet report promised that the changes.
‘will be kept under review with regular reports to the Schools Forum’

Section 2.5 also raised the prospect that there would be.
..’a contingency fund which would be used to support specialist provision experiencing financial difficulties whilst future options are considered’

Section 2.7 described the Wirral banding model as seen by respondents to the consultation as…‘a reasonable starting point for development’

The aforementioned paragraphs suggested that there was a recognition that the authority was creating a system which needed reviewing and developing.

It was clearly reported that..
‘One respondent argued for a school specific top up significantly higher than the banding proposed because without it the school will not be financially viable next year.’ (2.7)

Instead of heeding the concerns raised the Cabinet adopted a funding arrangement which did not fully reflect the costs of providing the specialist provision valued by the parents of children at The Lyndale School..

During the consultation process covering the options for the future of The Lyndale School the parents made it clear that the school was meeting the needs of their children..

They did not wish to see the teamwork, the expertise of teaching staff and of the support staff at The Lyndale School fragmented and broken up. They made this point throughout.

There was an opportunity to ‘replicate’ the provision at The Lyndale, to plan and develop a modern unit that would have achieved this, but it was broached in a half hearted manner. The local authority seems determined to break up The Lyndale’s centre of expertise by sending the children to other schools.

The children will need the same high quality support in any new setting. The parents have remained unconvinced that this will be the case. They have put the needs of their children first and the authority should do likewise.

Cllr Phil Gilchrist 18th Nov 2014

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UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

                                                       

Councillor Tony Smith 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, Lyndzay Roberts
Councillor Tony Smith 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, Lyndzay Roberts

UPDATED 19/11/2014 16:12 to include anonymised consultation response received.

First copy of a response to the consultation (he or she wishes to remain anonymous) is added here:

“I am writing in response to the consultation. As a Wirral resident, I believe that this school should remain open. I am not convinced that it will be in the best interests of the children of Lyndale or the other two schools for Lyndale to close. Further, I have not seen evidence that the independent consultants report was based on an in depth analysis of the children’s needs. The consultant appears to have spent little time with the school staff or parents. These children have really specialist needs and the Council should take into account that the most vulnerable children must be protected the most. This is a matter of humanity. The financial argument is not convincing so why close? ”

Today is the last day of the four-week consultation on closure of the Lyndale School from January 2016. The details are currently on Wirral Council’s website.

Shortly before Christmas on the 17th December 2014 Wirral Council’s Cabinet will meet to discuss (and probably) decide what to do next.

I was planning tomorrow to make a FOI request to responses to this current consultation. Wirral Council refused my FOI request for responses to the previous consultation that ran from 2nd April 2014 to 25th June 2014. I requested an internal review as they stated on the 29th July 2014 they would publish them in September (but never did). I’m still waiting for the internal review.

On the basis I’m sure I’ll get a similar response if I make a FOI request tomorrow for responses to the four-week consultation closing today, if you have responded to this consultation and would like me to publish your response (whether anonymously or not), please email me at john.brace@gmail.com.

I’ll do my best to publish consultation responses I do receive on this blog ahead of the Cabinet meeting on the 17th December 2014.

UPDATED 27/11/2014 You can now read the second consultation response from Cllr Phil Gilchrist here.

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Wirral Council: It's time for change on Lyndale, consultation and decision making

Wirral Council: It’s time for change on Lyndale, consultation and decision making

Wirral Council: It’s time for change on Lyndale, consultation and decision making

Councillor Tony Smith 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, Lyndzay Roberts
Councillor Tony Smith 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, Lyndzay Roberts

Well Emma Rigby has beaten me to it by about six to seven hours about the special Cabinet meeting on the 17th December 2014 is to decide on the future of Lyndale School.

The special Cabinet meeting to discuss the future of Lyndale School is now down to meet in Committee Room 1 in Wallasey Town Hall, Brighton Street, Seacombe starting at 6.15pm. It’s a public meeting so anyone can attend. The agenda should be available around the 10th December. However many of the reports that will be on the agenda have already been published either as part of the consultation or for previous Cabinet meetings on this subject.

I’m glad it isn’t the other special meeting of Cabinet next week which will be about something else.

I’ve done a bit of thinking about the consultation, officer advice and councillor decision-making on the subject of disability issues ahead of Friday’s meeting of the Highway and Traffic Representation Panel.

The constitution of Wirral Council states that councillors have to take on board the responses to a consultation and officer advice when making decisions.

What used to happen was a consultation would be agreed. It would run for x weeks or xx weeks, then there’d be a further public meeting at which all the consultation responses were published and the matter discussed.

Now what seems to happen at Wirral Council is this (not just over Lyndale but other matters).

A consultation on whatever change or policy issue is held running from date x to date y.

Following the end of the consultation (date y) Wirral Council employees read through the consultation responses. They then pick out the bits out of the responses they want to and put them in a report. In fact, as the ideas expressed in this report won’t be attributed back to the consultation respondees in academia it would be classed as plagiarism.

Once they’ve cherry picked the bits of the consultation they want to respond to, they’ll include a summary of them in the report, but alter the responses by including a response from officers.

Often these responses will state how the people responding (although they raise valid points) are somehow wrong and the recommendation consulted on should just be agreed (by councillors).

Councillors never see the consultation responses, nor do the public. Some consultation responses people with publishing capabilities (for instance individual councillors or political parties) are published during the consultation.

So what eventually happens is politicians just see a one-sided report written by officers, with brief references to the consultation responses but with more in the report stating officer’s advice than the actual consultation responses.

Naturally anything inconvenient brought up in the consultation, or points raised that officers don’t have a clever answer to gets left out of the public report.

Those who responded to the consultation (if they’re lucky) turn up to the public meeting where this is decided. If by some minor miracle one of the people responding to the consultation actually gets permission to speak at the meeting from the Chair.

Usually they are told they can’t speak as Article 21 although signed up to by Wirral Council was never implemented in their constitution. Although people do have a legal right (in the Human Rights Act 1998 c. 42) to freedom of expression, they will be told they can’t speak either. In an authority that gets annoyed with the press for filming public meetings what do you expect?

In my opinion, it’s a terrible, terrible way to run local democracy and make decisions. It leads to widespread resentment of certain politicians (and Wirral Council employees) and makes people think it’s terribly unfair. Maybe it suits some people though.

It means you have a two tier system. Those with the education, resources and/or connections can get their voice heard on any issue they want. Everyone else (even if they’ve responded to a consultation) just gets lost in the crowd.

It’s something I find personally very wrong about Wirral Council democracy and needs to change as a matter of urgency.

Take both Liverpool City Council and Chester West and Chester as examples. In both cases people can table questions at certain public meetings and speak at public meetings even if they’re not councillors or employees of the organisation.

On Wirral, especially since the abolition of the Area Forums, the public seem to have been written out of the political process. OK they get a vote (or two votes next year), but that’s about it. In many places people know their vote won’t make a difference to the outcome leading to apathy.

The rest of the time (outside of elections) the public are politely ignored by politicians who know they only need to get a minimum of 42% of the votes of the people who do vote to get re-elected under the first past the post system. It’s led to a situation where senior Wirral Council officers and senior politicians have too much power and the checks and balances just aren’t even there or ain’t working.

When the checks and balances are used (such as call in) councillors are just accused of playing party politics for actually holding other politicians to account!

Nothing will change unless the people demand it. Even then the politicians will probably get excuses from the employees as to why changes can’t be made. Even the unions seem to be having a hard time.

I despair of Wirral Council politics at times, I really do! The fallout from what’s going on affects my workplace too. However it’s time to come up with a plan to bring about change and to carry it out. I know the press from a balance perspective aren’t really supposed to have an opinion on matters other than freedom of speech/freedom of expression/the media.

However it’s time to point out that although there are always the elections in May 2015 that the fundamental nature of how Wirral Council makes decisions is either broken, fundamentally flawed or being routinely abused by those with vested interests in maintaining their power base.

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Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)

                                                    

Families and Wellbeing Policy and Performance Committee  Wirral Council  3rd November 2014   L to R Legal adviser who was missing, Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing, Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson

Last night showed something that we’ve been promised for some time which is pre-decision scrutiny (of a sort). Now the Future Council consultation is over, the first of three overview and scrutiny committees met yesterday evening to discuss the proposed budget cuts in their area of responsibility.

Prior to this there had been a behind closed doors set of meetings among councillors, which explained why the public meeting itself was rather short.

The rather late reports (which included a Powerpoint presentation on the consultation results) concentrated on the following proposed budget cuts:

Youth and Play Service £450,000 cut closing 4 youth centres, reducing provision at the “hubs” from five evening a week to four, Play Schemes funding ceased, grant to Wirral Play Council stopped, Civil Award Scheme stopped and Duke of Edinburgh Award Scheme stopped. If chosen this would end play schemes in Beechwood, Gautby Road (in Bidston) and Leasowe Adventure Playground in Wallasey. These three playschemes cost Wirral Council £190,000 a year but benefit about 600 children.

The Wirral Play Council (a charity on the Wirral) runs play schemes including an annual event at Birkenhead Park attended by 3,000 children, which was discussed at the Youth and Play Service Advisory Committee public meeting last week. People at that meeting were shown photos of the Mayor at this event in Birkenhead Park which I can’t show you because the Cabinet Member for Children’s Services Cllr Tony Smith and Wirral Council officers decided to try to negotiate a broadcast media blackout of that public meeting and had I tried to film it, Surjit Tour would’ve advised Cllr Tony Smith to adjourn that meeting.

The detail of the effects of each proposal had been previously discussed behind closed doors by councillors who then produced a scrutiny panel report.

The other possible budget cuts involved Girtrell Court (a short break respite service for adults with disabilities of £385,000), a cut to the all age disability service of £600,000 (affecting Willow Tree (overnight short breaks for children with high-level learning and physical disabilities), Children with Disabilities Team, Transition Team and the Family Support Team) and West Kirby Marine Lake (a cut of £25,000 and the possible outsourcing to a third party although an alternative option is being looked at).

Certainly these were not popular proposals (especially considering the fuss kicked up over the play schemes proposal) cuts and in not all areas did councillors agree with officers. At one point the Chair felt that the cuts were just being fitted around the amounts that had to be saved. As the budget options cover £4 million out of £2.5 million of options, some won’t happen, however you can watch the video of the meeting below to see and hear what councillors and officers said.

I will upload clearer audio of the meeting at a later date, although I felt it was important to point out the above at this point. When the overview and scrutiny committees finish (the last one is scheduled for tomorrow night), their proposals will feed into a Cabinet meeting which will make a recommendation on the budget to Council. All councillors will then meet, debate, discuss and vote on the budget, which according to the new legislation now has to be done by each councillor individually voting on each budget proposal (due to a change in legislation earlier this year). This way when it comes to election time in May, the Wirral public can look up how certain councillors standing in the election voted on the issues that matter to them if they so wish.

There are however going to be sections of society lobbying hard to make sure the Labour administration (who decide where the cuts are) spares them from the effects of the cuts. It remains to be seen how easy it will be both for councillors and political parties to deal with the public relations effects of what is proposed. As was mentioned at the meeting yesterday evening, there are large petitions opposing some of the cuts proposed. Some petitions are large enough that the petition organisers will get the right to speak at the Council meeting at which these decisions are made. The papers for this public meeting can be read on Wirral Council’s website

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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 1

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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 2

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Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation

Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation

Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation

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 (the public meeting Sony Music Entertainment won’t allow you to watch the first part of) 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

Interest declarations: The author of this piece filmed the Cabinet meeting of 4th September 2014 referred to in this piece. The author of this piece works for an organisation that receives royalties from Youtube/Google for videos he films of Wirral Council. The author is in dispute with Sony Music Entertainment over the filming of a video shown at the Cabinet meeting of the 4th September 2014.

As if the piece about blog comments being censored wasn’t bad enough, Sony Music Entertainment have chosen to stop you viewing video of the 4th September meeting of Wirral Council over the decision to close Lyndale School (which includes contributions from parents and those associated with the school).

However it was viewed 88 times (and called in and then a minority report was written on it decided at Council a week ago), so I suppose many people who want to see it have seen it by now.

Why have Sony Music Entertainment done this? Well they claim to have a licence to the track created by Icelandic musician Jonsi “We Bought a Zoo” [2011] which was used in the video about the school shown at the meeting. I’m not disputing that this track wasn’t used as background music in the video.

However both British and American law allows for “fair use” of copyrighted materials for the purpose of news reporting and the music is only incidental. These exemptions written into both British copyright law and American copyright law. This is a point I’ve repeatedly pointed out to Sony Music Entertainment and Youtube over the past month and two weeks. A bit like dealing with Wirral Council I’ve been ignored.

There was another copyright claim made on the video (not by Sony Music Entertainment but by another organisation), but once it was explained to them the fair use claim they released their claim.

Here is the video (which you now can’t see):

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So the battle for Lyndale School takes an unusual turn as an American multinational, based on the work of an Icelandic musician Jonsi insists Youtube not show the world what happened at Wirral Council’s Cabinet on the 4th September 2014.

Don’t you just love American culture who trumpets constitutional protections to “freedom of speech” (but seemingly for fellow Americans and not for foreigners)?

Also Youtube have told me that until it’s all sorted out (which at this rate could be forever and a day) I’m not allowed to upload new clips of over 15 minutes (there aren’t many Wirral Council meetings that are shorter than this). Yes I can re edit video clips of Wirral Council down to shorter than fifteen minutes before uploading, but it’ll just take more time and hastle to do so.

I have submitted a counter notification, whether Sony Music Entertainment bother to pay any attention to it is anyone’s guess! My guess is that Sony Music Entertainment have a policy of going after everybody (fair use or not) to try and take down possibly infringing works.

This is making me seriously consider alternatives to Youtube for uploading videos of Wirral Council. I’ve been considering a podcast for a while, so will seriously consider Apple and other alternatives.

In the meantime this is another issue to do with Lyndale School that cheeses me off. Many people know that American multinationals seem to put profits ahead of people but in censoring a meeting about Lyndale School Sony are showing disrespect to children, the press, the public and the disabled community.

As long as this dispute lasts, I won’t personally be buying any music (or other media) sold through Sony Music Entertainment and suggest readers boycott them too as perhaps that is the only way Sony Music Entertainment will actually listen?

Before you leave a comment the total revenue earned on this particular video over the last two months I estimate at a grand total of 6 British pence (or if you’re Sony Music Entertainment an American dime).

Personally if I was Sony Music Entertainment I’d be wondering whether this is all worth it for what they’re going to get out of it. Perhaps they’re trying to make a political point about greed and Lyndale School, but I seriously doubt it! 🙂

I’d be interested to hear your thoughts on the above, so please leave a comment below.

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