What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?
What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
I will start by declaring an interest as I was the Appellant in case EA/2016/0033. I am also married to my McKenzie Friend in this matter Mrs Leonora Brace.
Court | Room: Tribunal Room 5, 3rd Floor, Liverpool Civil and Family Court Hearing Centre, 35 Vernon Street, Liverpool, Merseyside, L2 2BX
Oral Hearing
On: 16th June 2016
Time: 10.15am
First-tier Tribunal (General Regulatory Chamber)
Case Ref: EA/2016/0033
Parties Mr | John Brace (Appellant) ICO (First Respondent) Wirral Metropolitan Borough Council (Second Respondent)
Before: Mr. David Farrer QC Tribunal Judge Mr. Michael Hake Tribunal Member Dr Malcolm Clarke Tribunal Member
Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled
Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled
Employment and Appointments Committee 27th October 2014 Committee Room 2 L to R Cllr Gilchrist Lib Dem, Chris Hyams Head of HR, Cllr Adrian Jones Labour Chair, Andrew Mossop Committee Services and Graham Burgess outgoing Chief Executive
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You can watch the meeting of the Employment and Appointments Committee of 27th October 2014 above at which the Employment and Appointment Panels referred to below were created.
As there is so much happening at Wirral Council now, I thought it was best to write a general piece about a few different topics at Wirral Council.
The public meeting of the Coordinating Committee last week which met to decide a call in of the decision to consult on closure of Children’s Centres was unexpectedly brought to a halt and adjourned (without yet reaching a decision or hearing all witnesses) as the Wallasey Town Hall was evacuated due to the collapse of two Council-owned buildings in nearby King Street.
This story has been widely covered by the media. The main road outside where the building collapsed was closed that evening (but has since been reopened). As I was nearby that evening, I can say that there was a large emergency services response (Merseyside Police, Merseyside Fire and Rescue Service and North West Ambulance Service) and also organisations such as National Grid responded to cut off the gas supply.
As Wirral Council owned the properties that fell down, questions were asked by politicians and the press as to why the buildings fell down. However I will leave that story for now and move to other matters.
Two public meetings that should have happened in the next week at Wirral Council have been cancelled. These are:
19th November 2014 5.30pm Licensing Act 2003 Committee, Committee Room 1, Wallasey Town Hall (contact: Anne Beauchamp | Chair: Cllr Bill Davies (Labour)
24th November 2014 6.00pm Standards and Constitutional Oversight Committee, Committee Room 1, Wallasey Town Hall (contact: Shirley Hudspeth | Chair: Cllr Bill Davies (Labour))
Presumably standards are now so high at Wirral Council that there can be a budget saving achieved from councillors travel expenses, employee costs and the room hire for the cancelled Standards and Constitutional Oversight Committee not meeting. The Licensing Act 2003 Committee’s remit is not unsurprisingly to do with the Licensing Act 2003 c.17. As everyone on Wirral knows, there are no problems whatsoever with pubs, clubs, off licences, late night refreshment or other related activities on the Wirral. Wait a sec, news just in. Seems there is a problem (according to residents). Here’s a question submitted by one of the Oxton residents to the Birkenhead Constituency Committee meeting of 30th October 2014:
“Name: Alfred Lennon (Oxton Village People) Date Received: 23rd October 2014 Query: Wirral has a problem with alcohol as detailed it its Joint Strategic Needs Assessment and requiring the recent police crackdown. Yet the Authority persists in licensing ever more premises with ever longer drinking hours. Why cannot the Authority be brave, reduce the number of licensed premises AND reduce their opening hours?
Response from Wirral Council Licensing Section:
The Licensing Application Process
When a Licensing Authority received an application for a new premises licence or an application to vary an existing premises licence, it must determine whether the application has been made in accordance with section 17 of the Licensing Act 2003 (the Act), and in accordance with regulations made under sections 17(3) to (6), 34, 42, 65 and 55 of the Act. This means that the Licensing Authority must consider among other things whether the application has been properly advertised. These requirements are different to those connected to the Planning process.
Under the licensing regime an applicant is required to display a blue notice on the premises and publish a notice in a local newspaper providing details of the application. The applicant must also serve the application on the Responsible Authorities which are: the Police, the Fire Authority, Trading Standards, Environmental Health, Planning, the Area Child Protection Board, the Licensing Authority and Public Health who are all entitled to make representations. In addition to this, the Council published details of all application on the Council’s website and circulates these details to all Councillors. Representations can also be made by any person, which can include residents and businesses whom may be affected by a premises.
The Licensing Authority may only accept relevant representations. A representation is “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the four licensing objectives. In other words, representations should relate to how the licensable activities carried on from premises impact on the objectives. For representations in relations to variations to be relevant, they should be confined to the subject matter of the variation.
Four Licensing Objectives:
The Protection of Children from Harm
The Prevention of Crime and Disorder
The Prevention of Public Nuisance
Public Safety
”
Wirral Council’s question then goes on for a further A4 side on Cumulative Impact. Just commenting on their answer for a moment to this point from what I remember of current policy (I may be a little rusty so don’t rely on this), as a general rule (*which depends on the circumstances of the application) if there are objections to a new premises licence or application to vary a premises licence it gets decided at a public meeting of the Licensing Act 2003 subcommittee by 3 councillors.
A certain amount of other applications don’t get this scrutiny and are either decided by officers (based on a policy agreed by councillors). What’s left out of the answer is that anyone can request a licence review (if you have the time, paper and postage to do this) which results in an existing licence being reviewed.
This doesn’t happen very often (rarely is what I’d say) as either most people don’t know they can do this, or don’t want to or they don’t know how. I doubt it would be in Wirral Council’s financial interests to tell people how as it would lead to more public meetings of the Licensing Act 2003 subcommittee and then they’d have to put up the fees charged to those running premises as it costs Wirral Council £thousands (room hire, councillors travel expenses, employee time, website running costs, printing of agenda/reports, postage et cetera) each time they hold a public meeting.
However moving on from employee time to an employee leaving. On 31st December 2014 Graham Burgess (the Chief Executive leaves). There isn’t time to appoint a new Chief Executive to start on 1st January 2015 as the post hasn’t even been advertised yet.
The Chief Executive is also Wirral Council’s Head of Paid Service, Returning Officer and Electoral Registration Officer.
So before a new Chief Executive is appointed who will fill these important roles (the latter two especially important because there is an election for Wirral’s 4 MPs and 22 councillors in May 2015). The Head of Paid Service, Returning Officer and Electoral Registration Officer role are all ones Wirral Council is under a legal obligation to have someone in post for. However the decisions have to be made by Council (a meeting of Wirral Council’s councillors) before 31st December 2014.
In addition to Graham Burgess leaving on the 31st December 2014, so is Vivienne Quayle (currently Director of Resources and s.151 officer).
So these are the interim management arrangements currently down to be discussed which will then (assuming the Employment and Appointments Panel approve them) be a recommendation to Council which meets on the 8th December 2014 (this report has a typographical error and states 8th December 2015 by mistake) to decide on an Acting Chief Executive and Acting Head of Paid Service.
Also Council on the 8th December 2015 will need to appoint a Returning Officer and Electoral Registration Officer.
These are the following recommendations (subject to Employment and Appointments Panel agreement and Council agreement on the 8th December 2014):
Returning Officer: Surjit Tour (Head of Legal and Member Services) Deputy Returning Officer: Joe Blott (Strategic Director of Transformation and Resources) Acting Electoral Registration Officer: Surjit Tour (Head of Legal and Member Services) Acting Deputy Electoral Registration Officer: Joe Blott (Strategic Director of Transformation and Resources) Acting Chief Executive and Head of Paid Service: recommendation to be made by appointment panel on 24th November 2014 to Council meeting on the 8th December 2014
Due to Vivienne Quayle leaving, these are the proposed interim management arrangements recommended to the Employment and Appointments Panel who then have a choice whether to recommend these to Council regarding Ms Quayle leaving:
Acting Section 151 Officer: Tom Sault (Head of Financial Services) regraded from HS2 (now not the proposed railway but a salary grade at Wirral Council) to HS1 for interim period Acting Deputy Section 151 Officer: Jenny Spick (Finance Manager) Acting Senior Information Risk Owner (SIRO) (recommendation to Council): Mike Zammit (Chief Information Officer) Audit function and Procurement function (functional responsibility in Resources division): Tom Sault
There is also a third member of the senior management team leaving too, but arrangements won’t be decided on that until a meeting on the 10th December 2014. That person leaving is Emma Taylor (Head of Specialist Services) in the Families and Wellbeing Directorate. Emma Taylor leaves in December 2014 and the responsibilities of the Head of Specialist Services post are children’s social work, fostering, adoption and children in care.
Helping Wirral Council with the above are Penna PLC (for which they are being paid £15,000 for each post so £45,000 in total) and the Local Government Association.
The seven councillors who will be making the above recommendations to Council in the near future are the seven on the Employment and Appointments Panel who are:
Cllr Phil Davies (Labour)
Cllr Ann McLachlan (Labour)
Cllr George Davies (Labour)
Cllr Adrian Jones (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Lib Dem)
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Coordinating Committee meets to discuss Early Years/Childrens Centre call in for 2nd time Part 1
Coordinating Committee meets to discuss Early Years/Childrens Centre call in for 2nd time
Coordinating Committee 12th November 2014 Childrens Centre call in L to R Shirley Hudspeth, Surjit Tour, Cllr Moira McLaughlin (Chair) & Michelle
Ed – 13/11/2014 Added video of first twenty-five minutes of meeting.
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Above is footage from the start of the Coordinating Committee meeting who met in Committee Room 1 at Wallasey Town Hall on the evening of 12th November 2014 (the first 25 minutes) to discuss the Early Years/Children Centres call in.
The Coordinating Committee had already met on the 15th October 2014 at 5.00pm for eight and half minutes to consider the same call in. That earlier meeting had decided (video of that earlier meeting is below the decision of the meeting on the 15th October 2014):
(1) the meeting stand adjourned until 6pm on Wednesday, 12 November 2014 in Committee Room 1 of Wallasey Town Hall;
(2) the Call-in Procedure be revised to enable:
(a) a witness to a called in decision, who attends the meeting, to have the option of reading out any prepared written statements to the Committee (within a timescale not to exceed five minutes); and
(b) the relevant Cabinet Member and the Lead Member to the call-in to be questioned by the Committee, once they have made their opening statements;
(3) the revised Call-in Procedure note be presented to the Committee at its reconvened meeting on 12 November 2014 for adoption.
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So, moving on to the meeting of the 12th November 2014 under the revised Call-in Procedure.
Unfortunately the revised Call-in Procedure agreed on the 15th October 2014 for the meeting on the 12th November 2014 wasn’t included in the agenda and reports published a week before the meeting on 12th November 2014.
However the meeting started with item 1 (Apologies for Absence).
1. Apologies for Absence
There was an apology for the absence of Councillor Anita Leech (Labour). Deputy Cllr Rob Gregson (Labour) was sent in her place.
There was an apology for the absence of Councillor Andrew Hodson (Conservative). Deputy Cllr Leah Fraser (Conservative) was sent in his place.
There was an apology for the absence of Councillor Wendy Clements (Conservative). Deputy Cllr Chris Blakeley (Conservative) was sent in her place.
There was an apology for the absence of Councillor Mike Hornby (Conservative). Deputy Cllr David Elderton (Conservative) was sent in his place.
There was an apology for the absence of Councillor Christina Muspratt (Labour). Deputy Cllr Irene Williams (Labour) was sent in her place.
There was an apology for the absence of Councillor Steve Williams (Conservative). Deputy Cllr Bruce Berry (Conservative) was sent in his place.
This meant the Coordinating Committee on 12th November was was:
Councillor Moira McLaughlin Chair (Labour)
Councillor Paul Doughty Vice-Chair (Labour)
Councillor Phillip Brightmore (Labour)
Councillor Rob Gregson (Labour) deputising for Councillor Anita Leech (Labour)
Councillor Irene Williams (Labour) deputising for Councillor Christina Muspratt (Labour)
Councillor Walter Smith (Labour)
Councillor Michael Sullivan (Labour)
Councillor Jerry Williams (Labour)
Councillor Janette Williamson (Labour)
Councillor Leah Fraser (Conservative) deputising for Councillor Andrew Hodson (Conservative Spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Chris Blakeley (Conservative) deputising for Councillor Wendy Clements (Conservative)
Councillor David Elderton (Conservative) deputising for Councillor Mike Hornby (Conservative)
Councillor Bruce Berry (Conservative) deputising for Councillor Steve Williams (Conservative)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)
Councillor Chris Blakeley asked the Chair Cllr Moira McLaughlin why Cllr Anita Leech had sent a deputy when she was present in the room the meeting was being held in? The Chair said she was in the audience and that one of the reasons that Cllr Anita Leech had absented herself from the process was because Cllr Anita Leech was on the board of one of the Children’s Centres. Cllr Moira McLaughlin explained that Cllr Anita Leech didn’t have to declare this as an interest as she had sent a deputy [Cllr Rob Gregson] in her place on the Coordinating Committee.
The meeting then moved to agenda item 2 (Code of Conduct – Declarations of Interest Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012, Including Party Whip Declarations).
Cllr Tom Anderson (Conservative) declared a personal interest as a signatory to the call in and also a director of a community centre.
Cllr Bruce Berry (Conservative) declared a personal interest as a signatory to the call in.
Cllr Leah Fraser (Conservative) asked if she had to make a personal interest as a signatory to the call in.
The Chair answered no. Cllr Leah Fraser (Conservative) declared a personal interest as a signatory to the call in.
Cllr Tony Smith (Labour Cabinet Member for Children’s Services) declared an interest as a director of a nursery.
The Chair said that Surjit Tour had told her that as Cllr Tony Smith wasn’t part of the Coordinating Committee he didn’t need to declare such interests.
The Chair asked if anyone was subject to the party whip? No one replied that they were.
The meeting proceeded to agenda item 3 (Call-in of a Delegated Decision – Minute No. 54 – Early Years and Children’s Centres).
The Chair explained that the Coordinating Committee were to re-examine a decision by the Executive [Cabinet] as it had been formally challenged by councillors through a procedure known as call in. The decision was made on 11th September and was about Early Years and Childrens Centres. The decision had asked for a 6 week public consultation and the signatories to the call in had raised four points. She asked people to introduce themselves. She introduced herself as Cllr Moira McLaughlin who was Chair of the Coordinating Committee.
Here is a list of the others who introduced themselves (* indicates member of the Coordinating Committee):
Surjit Tour (legal adviser to the Coordinating Committee, Wirral Council employee)
Shirley Hudspeth (committee services officer taking the minutes of the meeting, Wirral Council employee)
*Cllr Tom Anderson (Conservative)
*Cllr Bruce Berry (Conservative)
*Cllr Chris Blakeley (Conservative)
*Cllr Leah Fraser (Conservative spokesperson)
*Cllr David Elderton (Conservative)
*Cllr Phil Gilchrist (Lib Dem spokesperson)
*Cllr Jerry Williams (Labour)
*Cllr Irene Williams (Labour)
*Cllr Mike Sullivan (Labour)
*Cllr Phillip Brightmore (Labour)
*Cllr Rob Gregson (Labour)
*Cllr Walter Smith (Labour)
*Cllr Paul Doughty (Labour, Vice-Chair)
*Cllr Janette Williamson (Labour)
Michelle ??? (support to the committee, Wirral Council employee)
To be continued…
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What does an election year, Cllr Phil Davies, the Schools PFI contract, Lyndale School and the Wirral Schools Forum have in common?
What does an election year, Cllr Phil Davies, the Schools PFI contract and Lyndale School have in common?
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School which was reviewed by the Coordinating Committee on 2nd October 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
Added at 8/10 12:04 In response to a reader comment about this article, I am at the start of this adding a declaration of interest, in that my wife Leonora has the liability for Council Tax at the property we both reside. Council Tax is mentioned in this article. However it is already public knowledge that we both reside on the Wirral.
In August 2014, as part of the 2013/14 audit using a right I have under s.15 of the Audit Commission Act 1998, I also requested a copy of the Schools PFI contract.
The next month (September 2014) I was asked to come and collect a paper copy of the contract from a Wirral Council building in Hamilton Square, Birkenhead, which it later turns out is incomplete and missing at least a few hundred pages (which I suppose is to be expected when you’re dealing with Wirral Council)!
One of the duller sides of journalism and blogging is the amount of reading you have to do to write properly about the topics you’re writing articles on. An alternative route is to just use a lot of quotes from experts. After all when I write about matters, people leave comments and sometimes ask follow-up questions in the comments or by email so I try and familiarise myself with the topic I’m writing about first so this can be easily done. This contract runs to 2031, costs ~£12 million a year and is with a company called Wirral School Services Limited (and others).
The day before yesterday I ploughed through the rest of the Schools PFI contract Wirral Council has with Wirral Schools Services Limited (at least the bit of it I have and isn’t missing). Some of the is haven’t been dotted and the ts crossed on the pages I have and there is a large chunk of it that is missing there are some bits I am unsure of. I’ve asked for the rest but how long that will take I’m not sure!
The contract has many boring details that even I find dull to read that I hope even you dear reader would not really find particularly interesting, such as details about school boilers, how many square metres rooms are in various schools on the Wirral & what colours the hot and cold water pipes are (although knowing my luck I’ll end up with a comment from an interested heating engineer telling me how much they’d love to read a detailed article about the building maintenance side of schools).
The Schools PFI contract also has the level of detail of the full names, NI numbers, dates of birth and other details of various employees employed to work at these schools such as cleaners and other staff. Wirral Council also runs the multi-£billion Merseyside Pension Fund, so there is an admission agreement with Merseyside Pension Fund to do with pension rights. There are pages and pages of details about staff as part of an admission agreement with Merseyside Pension Fund. I will however not be publishing such detailed information on living people as it would be a goldmine for ID fraudsters and the height of irresponsible journalism to publish dates of birth, NI numbers and names for large numbers of people!
In order to explain, I need to first write a summary about what this Schools PFI contract is about. This is based mainly on the index.
Part of it is a series of leases to Wirral Council for nine schools and other type of educational premises called city learning centres covered by the contract. At the end of the contract (2031 or earlier if the contract is terminated or modified) ownership of the schools and City Learning Centres reverts back to Wirral Council. Part of the contract is also for services provided at the schools and City Learning Centres such as school meals, caretaking, repairs to the buildings et cetera. Some information on this goes to the schools themselves, some to Wirral Council. There is also a joint liaison committee set up with people from Wirral Council and the contractor.
There are also variations within the contract to account for differences between the schools, for example from memory* (*the caveat is I don’t always remember things correctly and haven’t double checked this against the contract again) I think Leasowe Primary School uses a slightly different system for school meals to the other secondary schools.
Some of the contract also relates to transitional provisions from the previous supplier Jarvis. This applied really in the early stages of the contract.
It’s all very long and very complicated and unless you have an interest in the area or are involved with Wirral Council, one of the nine schools (which are Leasowe Primary, Bebington High, University Academy of Birkenhead (formerly called Park High), South Wirral High, Weatherhead High, Hilbre High, Prenton High, Wallasey High and Wirral Grammar Girls) or two City Learning Centres (Wallasey City Learning Centre and Hilbre City Learning Centre) involved or the contractors in some way it’s probably not very interesting to you. It also interestingly falls into the set of contracts that Wirral Council will be legally required to publish at some future stage in the coming weeks.
The contract is so long and heavy (even with the missing pages) that I had to familiarise myself with our manual handling procedures just to figure out how to lift it up (and am grateful to myself that I didn’t drop it on my foot).
The first section marked “Private and confidential” is an agreement between Wirral Borough Council [1] and Wirral Schools Services Limited [2] dated 9/9/2004 and is called “Deed of Amendment and Restatement relating to Wirral Schools PFI project”. Addleshaw Goddard (a law firm) are mentioned at the bottom which are I presume are the law firm that drafted it. This section is 10 pages. This was when it was renegotiated in 2004.
So Section 1 – “Deed of Amendment and Restatement relating to Wirral Schools PFI project” 9/9/2004 10 pages
Then there’s section two, which is a “CONFORMED COPY” of a project agreement dated 27/3/2001 between Wirral Borough Council and Wirral Schools Services Limited which was amended and restated pursuant to the “Deed of Amendment and Restatement” (I’ve just mentioned) dated 9/9/2004. Rowe & Maw or 20 Black Friars Lane, London are at the bottom of the title page, their ref is 617/343/476/27909.1. Rowe & Maw were a legal firm based in London, they then became Mayer, Brown, Rowe & Maw in 2002 and in 2007 shortened their name to Mayer Brown. Apparently now they are the 22nd largest law firm in the world.
Section 2 – “Project Agreement amended and restated pursuant to a Deed of Amendment and Restatement dates 9/9/2014” dated 27/3/2001 198 pages
Schedule 1 (Volume 1 of the schedules) between Wirral Borough Council and Wirral School Services Limited is mainly series of headleases and underleases for various schools:
Pt 1 Bebington Headlease (16 pages and refers to Land Registry title MS435412)
Pt 2 Hilbre Headlease (16 pages and refers to Land Registry title MS435411)
Pt 3 Park High Headlease (15 pages and refers to Land Registry title MS435414)
Pt 4 Prenton High Headlease (8 pages) * note the copy I have been given is partially incomplete as this is missing pg 9 and schedules 1-4
Pt 5 South Wirral High Headlease (15 pages and refers to Land Registry MS435824)
Pt 6 Wallasey Headlease * missing
Pt 7 “Not used”
Pt 8 Weatherhead Headlease * missing
Pt 9 Wirral Girls Headlease * missing
Pt 10 Bebington Underlease * missing
Pt 11 Hilbre Underlease * missing
Pt 12 Park High Underlease * missing
Pt 13 Prenton High Underlease * missing
Pt 14 South Wirral High Underlease * missing
Pt 15 Wallasey Underlease * missing
Pt 16 “Not used”
Pt 17 Weatherhead Underlease * missing
Pt 18 Wirral Girls Underlease * missing
Pt 19 Plans * missing
This comes to only 55 pages supplied out of an estimated 280 which is hardly a way for a Council to comply with its requirements under the audit legislation is it!? Hopefully they treat Grant Thornton (their external auditors better than this)!
Schedule 2 and 3 following it are then completely missing. I wonder at times if Wirral Council can’t do something simple like actually making a copy of a contract for the purposes of the 2013/14 audit without messing it up, what else are they getting wrong (are they deliberately trying to hide something)?
These are:
Schedule 2 Financial Matters * completely missing all parts 1-8
Part 1 Lenders Direct Agreement * missing
Part 2 The Council’s Design and Building Contract Direct Agreement * missing
Part 3 The Council’s Support Services Management Direct Agreement * missing
Part 4 Design and Building Contract Performance Guarantee * missing
Part 5 Support Services Management Agreement Performance Guarantee * missing
Part 6 Initial Senior Funding Agreements * missing
Part 7 Other Initial Funding Agreements * missing
Part 8 Rules for Refinancing * missing
Schedule 3 Works * completely missing parts 1-10 and appendices
Part 1 Design Development Procedure * missing
Part 2 Prohibited Materials * missing
Part 3 Schedule of Key Dates * missing
Part 4 Outline Design Documents * missing
Part 5 The Completion Standards * missing
Part 6 Decant Programme Methodology * missing
Appendix 1 Decant Programme: Park High * missing
Appendix 2 Decant: Further Obligations * missing
Part 7 Handback Requirements * missing
Part 8 Project Programme * missing
Part 9 Construction Site Rules * missing
Part 10 Handback Survey * missing
Schedule 4 between Wirral Borough Council and Wirral School Services Limited is to do with Payments and is split into:
Cover pages (2)
Part 1 Definitions (11 pages, definitions from “Agreed Market Testing Proposal” to “Zone Drawings)
Part 2 Services Contract Payment (5 pages)
Part 3 Performance Deduction Look-up Table (1 page)
Part 4 Table of Service Units per School (1 page) GSUs for each school totalling 28,047 GSUs
Part 5 Monitoring (7 pages)
Part 6 Utility Services (5 pages)
Part 7 Third Party Use (4 pages) dealing with issues such as vending machines
Part 7A Catering (6 pages)
Part 8 Value for Money Testing (12 pages)
Appendix 1 Form of Performance and Payment Report (45 pages) These are examples of the payment reports that go to each school either from Jarvis Workspace FM or Wirral Schools Services Limited.
Schedule 5 is the Accommodation Services Output Specifications (82 pages long)
Schedule 6 is the Support Services Output Specifications
Part 1 Building and Asset Management Output Specifications (12 pages)
Part 2 Support Services Requirements and Performance Tables (59 pages)
Part 3 Service Level Agreements (such as control of pests) (141 pages)
Part 4 Service Level Agreements Alteration Procedure (4 pages)
Schedule 7 Reports and Records
Part 1 Reports (3 pages)
Part 2 Records (2 pages)
Schedule 8 Variations
Variation Notice (1 page)
Schedule 9 Insurance (2 pages)
Part 1 The Part 1 Insurance Period (10 pages) deals with construction all risks, business interruption insurance & public liability insurance
Part 2 The Part 2 Insurance Period (8 pages) deals with property all risks insurance, business interruption insurance & public liability insurance
Appendix 1 Endorsements (4 pages)
Appendix 2 Broker’s Letter of Undertaking (4 pages)
Appendix 3 Business Interruption Insurance – the Authority’s Obligations as Insurer (4 pages)
Appendix 4 Schedule of Insured Parties (2 pages)
Schedule 10 Liaison Committee (4 pages)
Schedule 11 Compensation on Termination
Part 1 Definitions (6 pages)
Part 2 Project Co Default (6 pages)
Part 3 Authority Default (2 pages)
Part 4 Notice by the Authority (8 pages)
Part 5 Fore Majeure, Uninsurability and Planning Challenge (1 page)
Part 6 Corrupt Gifts (1 page)
Schedule 12 Dispute Resolution Wirral Borough Council & Wirral School Services Limited
Cover pages (2 pages)
Dispute Resolution (9 pages)
Schedule 17 Quality Systems
Part 1 Design and Build Period Quality System (24 pages)
Part 2 Operational Period Quality System
Appendix 1 A Quality Policy (1 page)
Appendix 2 B Certificate of Approval (2 pages)
Appendix 3 C Proposed QA Implementation Plan (1 page)
Appendix 4 D Contact Directory (1 page)
Appendix 5 E Local Procedures (1 page)
Schedule 18 Employees
Part 1 Employee Information (6 pages)
Part 2 Terms and Conditions of Employment (1 page)
Schedule 19 Admission Agreements and Bonds
Part 1 Jarvis Workspace FM Limited (Wirral Borough Council and Jarvis Workspace FM Limited and Wirral Schools Services Limited) Merseyside Pension Fund Admission Agreement with Transferee Admission Body (15 pages)
Part 2 Compass Group PLC
(Wirral Borough Council and Compass Group PLC and ??? ) MPF Admission Agreement with Transferee Admission Body (12 pages)
(Wirral Borough Council and Compass Group PLC and ???) Agreement for a bond and indemnity in respect of sums due under an admission agreement arising from the premature termination of a best value arrangement (8 pages)
Part 3 MTL Commercial Limited (22 pages)
Part 3 is an admission agreement to the Merseyside Pension Fund between Wirral Borough Council, MTL Commercial Limited and Merseyside Pension Fund from 2001. This also relates to an unfilled in guarantor (which I will have to assume is Compass Group PLC), MTL Commercial Limited and Wirral Borough Council as well as a bond and indemnity. This admission agreement also relates to Jarvis Workspace FM Limited. This is one of the schedules which includes pages and pages and pages of staff surnames (organised alphabetically by staff surname), initials for staff names, NI (National Insurance) numbers, post titles, pension and birth dates et cetera. However on the copy I was supplied with much has been left incomplete such as the date the agreement was agreed in 2001, the office address of MTL Commercial Limited and much other detail is missing too such as director and secretary signatures.
The end of schedule 19 is an agreement between Wirral Borough Council and MTL Commercial Ltd and ???? which is titled “Agreement for a bond and indemnity in respect of sums due under an admission agreement arising from the premature termination of a best value arrangement”. This too is incomplete and unsigned.
Schedule 20 is a one page staff security protocol which details the information staff have to provide on any criminal matters and also references they have to provide before getting a job. There is also information detailed here that they have to provide to their employer during their employment if things change.
Schedule 21 is “operational site rules” – 19 pages long
Schedule 22 is a “draft transitional services agreement” which is an agreement for the supply of transitional services between Wirral Borough Council and Jarvis Workspace FM Limited which is 145 pages long
Schedule 23 is about the City Learning Centre (8 pages long)
Schedule 24 is the “non moveable equipment schedule of rates” (5 pages)
***
As the contract is so long, has been supplied incomplete and falls within the category that Wirral Council should be publishing within a matter of weeks, I won’t be scanning in the whole contract and publishing it! If there are any sections you would like me to publish though (that aren’t in the missing sections) please leave a comment or send me an email.
Just to make it clear the amount paid under the PFI contract isn’t going up by £2.5 million a year as it’s pegged to increases based on RPI.
The ratio between December 2013 RPI and December 2012 RPI was an increase of 2.674%.
There is then an “efficiency factor” of 10% built into the contract.
So, 90% * 2.674% = 2.4066%
So the yearly increase this year in PFI costs is in the region of ~£289,000 . Next year’s increase will be known when the RPI data for December 2014 is published.
So why ask is the Wirral Schools Forum being asked to make £2.3 million of cuts in year (2014-15), in addition to the £600,000 of cuts earlier this year for the Schools PFI contract then and what is this actually going to fund instead?
Well last year there was a 0% rise in the Council Tax (after a budget was prepared a few months before showing a 2% rise). Yes a freeze on Council Tax means Wirral Council got a grant which equates to a 1% rise. I presume for the financial year 2015/16 based on statements previously made by Cllr Phil Davies that senior officers at Wirral Council are also planning for a 0% rise for 2015/16 (although we’ll all find that out for sure over the next few months at a Council meeting as plans are sometimes subject to change).
It’s also interesting to note that Cllr Phil Davies (who is the Cabinet Member for Finance/Leader of the Council) four year term of office comes to an end in May 2014 so this is an “election year” for him (presuming he wishes to stand again which by all the recent press articles about Cllr Phil Davies related to Birkenhead & Tranmere means it is likely that Labour have picked him as the candidate for this area already). What better way for Cllr Phil Davies to get himself elected by telling the voters of Birkenhead and Tranmere that he has frozen their Council Tax (helpfully leaving out in leaflets to the voters in Birkenhead and Tranmere the inconvenient facts that this will come at the expense of cuts made this year (pending Wirral Schools Forum approval) to the money spent on pupils with a disability, statements, support for Special Educational Needs, maintenance of school buildings, axing funding for the School Sports Coordinator & use of swimming baths (although this two last items may be funded in future by schools directly themselves through the traded services) and other in year cuts to the Schools Budget)? Oh and also another inconvenient truth that thanks to cuts made by his Cabinet to Council Tax support many in Birkenhead & Tranmere are now having to pay 22% of their Council Tax bill whereas previously they had to pay nothing as 100% of their bill was covered by Council Tax Benefit?
After all, if Cllr Phil Davies is challenged between now and the elections in May about why he is making all these cuts by presumably the Conservatives, Lib Dems or Green Party, he based on past experience of his answers to this very question will probably blame the need to make any cuts to Wirral Council’s budget on the Coalition (Tory and Lib Dem) government, which of course absolves himself of any responsibility for these “difficult decisions”. This is of course is conveniently leaving out the fact that:
a) Wirral Council decides itself whether it wants to freeze Council Tax, rise it or decrease it each year. There is a majority Labour administration in charge of Wirral Council since 2012 so they make these decisions on the budget, Labour decided the 2013/14 budget, the 2014/15 budget and will decide the 2015/16 budget. If Labour want a Council Tax rise over x%* (a figure set by the government each year which was set last year at 2%) they have to win a referendum of the people and
b) that these are all locally made decisions over how the money is spent and that he’s the Cabinet Member for Finance (therefore he is the politician with democratic accountability to the public (and other politicians) for tax and spending decisions).
Of course there are some that would also say that these plans have come from senior officers at Wirral Council, not the Cabinet Member himself and will ask well is it a case of the officer tail wagging the Labour dog instead of the other way round? However senior officers at Wirral Council and politicians do surprise, surprise work together! These large in year changes to the agreed budget do also show as Cllr Stuart Kelly (Lib Dem audit spokesperson) quite recently pointed out at a recent public meeting that in his opinion this year’s (14/15) budget isn’t stable if changes are being made in year!
In fact at this point a £3 million overspend is predicted by the end of the year! I’m also curious as to why the date of the next Council meeting has been shifted from the 13th October 2014 to 20th October 2014. I’m sure it can’t be just because I tabled a question and they need an extra week to answer! If anyone knows the answer to that mystery please leave a comment?
Here’s an interesting question that stems from all this though. Despite the flim flam and contradictory statements over Lyndale School, is the price of Cllr Phil Davies getting reelected in May 2015 in Birkenhead & Tranmere the closure of Lyndale School (in Eastham) or is he just “rubber stamping” plans of senior officers?
After all the closure of Lyndale School currently pencilled in for January 2016 (if agreed by Cabinet later this year) won’t actually happen until after the May 2015 elections have taken place.
Can the many Labour councillors on Wirral Council seriously sleep at night knowing all this or are some behind closed doors expressing their disquiet about how this has played out in private meetings (especially the ones facing the electorate in May 2015)? Are Labour councillors worried that being directly involved in a decision about Lyndale (whether Cabinet or call in) will either affect their ability to be reselected by their fellow party members or indeed their future election prospects when they face the public at election time? Does this also explain why so many Labour deputies were sent to the Coordinating Committee meeting about Lyndale School last week? It’s all very mysterious isn’t it as one can only guess at what happens behind closed doors!?
I know the Cabinet decision to consult on axing Children’s Centres (currently on hold due to Conservative councillors calling it in) isn’t going down well with some Labour Party members (to put it mildly). That decision (made in the last few weeks by Cabinet) “called in” by Conservative councillors (Councillor Paul Hayes seems to be fast becoming the “call in councillor” and is going to be reviewed at a special meeting of the Coordinating Committee on the 15th October 2014 starting at 5.00pm (you can read the papers for that decision here).
Will Labour councillors decide that enough is enough when it comes to children’s centres, or will they agree with the Labour Cabinet and agree to start a consultation on closing them?
We’ll just have to wait and see! Please leave a comment on the above as I am interested to read your views!
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Cabinet to decide on 6-week consultation on closure of children’s centres
Cabinet to decide on 6-week consultation on closure of children’s centres
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Cabinet Meeting of 4th September 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Now for what I promised earlier with a story about children’s centres. Basically Cabinet is going to have to decide tonight whether or not to proceed to a six-week consultation on recommendations for the early years service and children’s centres.
The proposals which may/may not go out to consultation is to try to save £2 million. Staff at risk of losing their jobs (if a decision to go to consultation tonight) will also be consulted.
Admittedly the report has the odd type, for example at 6.1 it refers to the 2104 budget which should read the 2014 budget as Wirral Council officers don’t tend to consider the budgetary implications in ninety years time of their decisions! 😀
The proposals that may/may not go out to consultation would involve the closure of at least eight children’s centres with four being downgraded to satellite/outreach. The outright closure of some could result in a grant clawback of the money Wirral Council got to build them.
Of course if the Labour Cabinet does decide to go down this path of consultation on closure, eventually a decision will have to be made.
I’m sure at that stage or even before (if consultation is agreed tonight) the Conservatives will be reminding Labour of the election leaflets they’ve put out in recent years that told the people of Wirral that the children’s centres are not safe in Tory hands so please vote Labour. 😀
Oh dear, and what will the local newspapers make of it all?
