Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School
Cllr Foulkes uses phrase “shambolic” to describe Wirral Council’s decision making on Lyndale School
Councillor Phil Gilchrist explains his amendment on the minority report on Lyndale School to councillors, officers and the public 20th October 2014 Council Chamber, Wallasey Town Hall (c) John Brace
Below is the text of the amendment submitted on Monday evening to the minority report from Cllr Paul Hayes. It was not circulated to the public gallery, so myself and another went downstairs during the adjournment to get a copy.
Despite the Chief Executive’s assertion that it was a “private paper”, this will form part of the minutes of the public meeting on 22nd October 2014.
It is a shame committee services officers aren’t instructed to circulate copies to the public gallery too during the adjournment. However this would cost Wirral Council the extra labour costs of sending someone up the stairs and the extra photocopying costs of a further ten or so sheets of paper, so I am happy in these straightened financial times to decrease the labour costs of Wirral Council!
So this Lib Dem amendment gets a wider audience (and I got told off a bit by the Chief Executive on my way out of the Council Chamber for being in the Council Chamber as he made some point about “private papers” and a “private meeting” that to be honest I didn’t understand at the time as we were both tired), it is below. I’ve linked from it to the documents referred to in it. It’s also interesting to hear the Mayor’s comments on an attempt to make councillors vote on an amendment they hadn’t received a copy of yet!
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The item on Lyndale School starts at the 3 minute 40 second mark, lasts for a further six minutes then the meeting is adjourned.
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This is after the meeting resumed after the adjournment and continues below at the next clip.
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“….Decision-makers should make clear how they are satisfied that this SEN improvement test has been met, including how they have taken account of parental or independent representations which question the proposer’s assessment”.
…was not included and that, therefore, the matter should be referred back to Cabinet so that they can fully set out how they have undertaken this assessment in the light of the guidance.
Of course, the question is therefore, did Wirral Council’s Cabinet (and Coordinating Committee) actually have to consider the guidance before reaching a decision? It would seem from the legislation they do have to have regard to it. For the purposes of clarity LEA stands for Local Education Authority:
A local education authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.”
Note the use of the word must, the decision makers must have regard to any guidance (which was issued on the 28th January 2014). It’s not optional to do so. The current guidance introduced in January 2014 is in four parts (and hasn’t been included in the papers for the meetings so far in full):
In other words, when making the decisions on 5th February 2014, 25th February 2014, 27th February 2014, 4th September 2014, 2nd October 2014 and 20th October 2014 can those over sixty councillors all prove they had regard to the guidance when the seventy-six pages of government guidance wasn’t included in the papers for those meetings?
Not even four weblinks were included, so they could read it in their own time was included.
The guidance that was quoted, wasn’t for the right time period and after new guidance was issued on the 28th January 2014, Wirral Council just kept using the old version as the first Cabinet meeting to discuss Lyndale School was held on the 16th January 2014.
Why don’t people bother to check these things at Wirral Council before including them in meeting papers? Should the Labour councillors accept some responsibility for not asking officers whether required guidance was not included with the papers or do Labour councillors assume that Wirral Council officers don’t make any mistakes (unlike the rest of us)?
During the adjournment I happened to pass Julia Hassall (Wirral Council’s Director of Children’s Serivces) leaving the Council Chamber and she didn’t look very happy by this development. However it’s been known for some time (although apparently Wirral Council officers and politicians are the last to know it seems).
It’s just one of many unresolved anomalies about how the decisions surrounding Lyndale School have not been made as they should have done.
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Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9)
Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9)
Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014 (who chaired the consultation meeting at Acre Lane on the 16th June)
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This transcript starts about 1 hour and 4 minutes into the meeting.
PHIL WARD
Next question, ok, yes, thank you.
UNKNOWN SPEAKER (MALE)
I’d just … (unclear)… and this side here, listening to the people who are around who have been giving their opinions, errm frontline people who have all the experience of all the years of looking after the children and seeing all those who have those difficulties that have actually come about you know!? Why aren’t they sitting there? Why aren’t they sitting there telling you, what the nature of those problems are and …(unclear)…ing to you how they feel that it should be dealt with and what would be the best way? Why don’t you prefer no experience to (unclear).. key parts…(unclear)… when you’ve got people with loads of experience and anyway you’re not going to do it at the end of the day?
He received a round of applause.
COUNCILLOR DAVE MITCHELL
I’m going to make two points and one is that what is being proposed of the nature of, we need to go back and look at errm individual pupils and we need to do this before we take a democratic decision, before we decide.
The second point is really concerning those children, errm the children of Lyndale and the point Ian [Lewis] touched on earlier, is that moving the children from the Lyndale School to other schools, those are children with different sets of needs and can we invite all those Lyndale actions you know?
What I would like and the children who are at Lyndale, could we be, could we be learning from them? They need the care they’ve got! It’s (unclear)…and you know, I think the point is relevant for me, I think playing one off against the other and it’s a case of the children at the Lyndale, hopefully so we’ll still get the benefit of that, but the children themselves (unclear)… and then (unclear) …and then you have the ability to cause problems and I am really concerned about that! I’m really concerned about that.
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Councillors ask Labour to keep Lyndale School open; Labour defers decision on Lyndale to September Cabinet meeting
Councillors ask Labour to keep Lyndale School open; Labour defers decision on Lyndale to September Cabinet meeting
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On Monday evening the issue of the future of Lyndale School was debated by Wirral Council councillor for about forty-five minutes. I’m going to try and sum up what was said and decided in a short blog post so inevitably I will be leaving some things out.
The notice of motion by the Conservatives and Labour’s amendment to it is already covered here. The response from the Lyndale parents is here, in addition to that there were a further ninety or so responses to the consultation.
Cllr Paul Hayes (proposing the motion to keep the school open) started by referring to the consultation response by Lyndale parents and the passion and “strength of feeling” he’d observed at a recent consultation meeting (which you can listen to in full). He said he hoped all councillors had received a copy of the consultation response.
The Mayor Cllr Steve Foulkes said that some councillors had received it on the day of the meeting and that he didn’t believe they could be expected to read it in full as they hadn’t had time to digest it.
Cllr Paul Hayes continued by referring to an earlier consultation on Kingsway Primary School and the similarities between the two. He was critical of an officer chairing the Lyndale School closure consultation meeting and said that as well as the majority of people feeling that the officer wasn’t neutral, he also described him as “rude and dismissive”. He described the consultation process as “farcical”.
Cllr Stuart Kelly asked whether Labour’s amendment should be ruled out of order as it was negating the original motion. Labour’s motion deleted all paragraphs in the original motion bar one line. He said surely the same effect could be achieved by voting against the motion?
The Mayor (Cllr Steve Foulkes) said he would allow a legal opinion, but it had been a difficult decision on his part to allow the notice of motion on Lyndale School to be debated. From his point of view he felt that Cllr Stuart Kelly “didn’t have a leg to stand on” with regards to the [Labour] amendment being ruled out of order.
Surjit Tour said that the notice of motion referred it to the Cabinet as the final decision rested with te Cabinet. The amendment also did exactly the same in referring it to a special meeting in September. Therefore in his view the amendment was lawful.
The Mayor said that points of order was not the way he wanted to open the debate and asked the mover of the amendment to speak.
Cllr Phil Davies said that it had been agreed some time ago that they need to have a special Cabinet meeting and that there had been a very detailed consultation exercise, the results of which they had not yet seen. In his view the consultation responses were a “hugely important piece of evidence” which the Cabinet needed to consider before taking a view. To take the clear view expressed in the Conservative notice of motion before the special Cabinet meeting was “premature” as they would be making the decision now in advance of the special meeting. He was also very concerned that if the notice of motion was agreed then they would fall foul of predetermination. He thought it was a shame that Cllr Hayes had said that officers were not neutral.
He continued by referring to his time as Cabinet Member and again referred to the claim that officers were not neutral. Cllr Davies said that the amendment asked that they take no action on the motion tonight but refer it. Again he said that he was worried if they agreed the motion it would have predetermined the outcome before the Cabinet had considered the evidence, but there was no question that Lyndale School provided a “unique and caring environment”. He had visited the school but it was essential he had an open mind and considered all the evidence. He worried that if they made a decision tonight then they would be completely ignoring important evidence that they had not yet seen.
Cllr Andrew Hodson referred to his daughter who had learning difficulties, despite being in her 30s she had a mental age of nine. He considered himself lucky that she had her full health, but that the children at Lyndale had complicated health needs. Although his daughter lived in an establishment she still had her independence in fact [Cllr] George [Davies] had been at the opening.
He referred to the Corporate Plan about protecting vulnerable people and how Lyndale School was an essential service that met people’s complex needs. The staff at Lyndale were geared up to making sure that while receiving an education the children were safe and well cared for. He was perplexed by the decision as the Council would not benefit financially from the closure of Lyndale School so why do it? He finished by making a plea to keep the school open.
Cllr Phil Gilchrist said that the Childrens and Young People Department had told him they had received ninety response and that he had had time to read the documents. He knew that members of the Council had been concerned about the future especially [former] Councillor Tom Harney. He referred to the document received at the weekend and referred to the reference in it to a working party.
Cllr Gilchrist referred to the space that children using wheelchairs need, children with epilepsy, those require oxygen and those who required time consuming feeding. He had attended two of the consultation meetings and concurred with Cllr Paul Hayes’ description. He referred again to the parents’ response to the consultation quoting from it and that it may be September by the time the issue was resolved. He said that the high needs budget for 2013/14 was £31.7 million.
After being given extra time, he referred to the strain on families, the SEN Improvement Test and said that if they wished, councillors on the Cabinet could choose not to vote on this notice of motion (and amendment). The notice of motion was about Council’s view.
Councillor Dave Mitchell said that the way the process worked was that councillors who stood were indicating that they wished to speak in the debate and that if no Labour councillors stood up then councillors who wished to speak should still be allowed to address the Council. Cllr Chris Blakeley said he had no objections.
The Mayor (Cllr Steve Foulkes) said that if that was an early test, that he would decide what goes on, who was asked and which councillor would make a contribution.
Councillor Dave Mitchell said that he’d pick up on the point made by Cllr Paul Hayes at the start. He too had been surprised at the way the presentation had been presented by officers to the parents and that the parents knew what was required and that the parents were the ones who should be listened to. Cllr Mitchell recommended that councillors read every page of the parent’s response to the consultation and absorb every part as it “rips to shreds” the proposal [to close the school] and deals with the real issue which was the children.
Cllr Mitchell continued by saying that it had nothing to do with the schools formula funding as it was all there set by the government and had never been taken away. This was not the case with education funding and the way the funding was divvied out was decided by Cabinet. One of the problems that concerned him with the consultation itself was the way parents had asked questions to officers and had no responses till the last day of the consultation.
Cllr Pat Williams objected to the Mayor refusing to let her speak. She said she was being deprived of her democratic right and that she’d been elected by the people of Oxton to speak.
The Mayor [Cllr Steve Foulkes] changed his mind and agreed to let her speak after all.
Cllr Pat Williams said that during the consultation period it was made abundantly clear that the appropriate place was to let the children remain at Lyndale School. She referred to the petition against closure of nearly 11,000 signatures which demonstrated how much Lyndale School was valued as a unique asset. She like other councillors referred to the parents response to the consultation and wanted the profound and complex needs of the children fairly reflected in the funding.
She had visited the school and was always most impressed by the caring an dedication of the staff and when she was Mayor had had the pleasure of formally opening the sensory garden. The consultation had ended and it was overwhelming apparent that Lyndale School should stay. She asked councillors to take note and resolve that Lyndale was to remain open.
Councillor Pat Cleary (the new Green Party councillor) said that he wanted to make a brief point. He said that Lyndale School doesn’t have to be closed and he appreciated the sincere feelings. He was disappointed as he didn’t understand the Labour councillors not engaging.
One issue he wanted to raise was that 18 months ago there had been a letter from the Leader of the Council during the What Really Matters consultation about whether local elections should only be held once every four years. It had been said that the reason the proposal was being brought forward was that early analysis of the consultation results had shown 91% supporting this change. In that instance a recommendation had been brought forward before the consultation was finished, he wanted to know why the current situation was any different?
Cllr Tony Smith said that he agreed that the uncertainty about Lyndale School must be resolved and had been an ongoing concern for a number of years. The consultation had been undertaken, but reducing numbers of children on the school roll, changes in funding arrangements and questions about the future viability of the school were the reasons behind the consultation. He stressed that the consultation was not about the quality of the education.
He continued by saying that any decision about future provision would be informed by individual needs and make sure people’s requirements were fully met. The government required the [SEN Improvement] test to be undertaken to show that the proposal was as good as or better than the children’s current provision. He said that they would make sure they had an up to date understanding of each child’s needs.
They had undertaken a consultation and there was oversight from the [Wirral] Schools Forum. The original decision had been called in and it was made clear then at the outset that the process should be open and transparent over the twelve week consultation.
Prior to the consultation starting, there had been a meeting with parent governors of Lyndale and throughout the consultation six public meetings. Eighty-five people from the community had turned up to these, with some attending more than one. Wirral Council had commissioned an independent person to consider each of the published options and any new options and consider the application of the government’s [SEN Improvement] test. All councillors had also been invited on an escorted bus tour which included Lyndale School. Twenty-two councillors had taken part in these visits on the 16th/17th June. He made the assurance that all information relevant to the consultation would be made publicly available prior to the Cabinet meeting to inform the decision making when the Cabinet would be taking all factors into account such as the needs and welfare of each individual child.
Cllr Jeff Green (seconder to the Conservative motion) reminded people that when Cllr Tony Smith spoke that closure is a preferred option. He reminded people why it was called in and referred to the speeches of Cllrs Hayes, Gilchrist, Mitchell and others (as well as congratulating Cllr Cleary on his maiden speech). He said a maiden speech was normally held in silence but the response from Labour councillors was because he’d beaten them in an election.
Cllr Green said that Lyndale was unique and incredibly special and that that needed to be safeguarded.
MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES There are so many great organisations as Dave the former Mayor talked about. So many people around, so many organisations, our own staff facing daily change of what they do who basically get on with it and sometimes people say to me, “all I need is someone to come round and say ‘thanks, you’re doing a great job’, ‘thanks for what you’re doing’, ‘it’s appreciated, someone else has recognised it'” so if you know out there organisations that have not yet been thanked or met the Mayor, or had someone to come round and just say “well done, thank you very much” we will go round there and we will do that job, simply to say “thank you” because it’s often all they need.
You’ll be glad to know because I can see some eyes rolling, I’m coming towards the end. The best part though of becoming Mayor is the charities that you can sponsor and look after. We’ll be supporting three charities, although we’ve had lots of charities who have applied to be the Mayor’s charity. We have decided on three and what this facility’s allowed us to do today is to actually play a video so they can tell you about their charities rather than me droning on. So I think we’re about ready to play the charities video, if you could do that for us thank you.
MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES (ON PRE-RECORDED VIDEO) The Mayor’s Special Charity Fund has been supporting good causes for over forty years. In that time, it’s had a huge variety of projects and touched the lives of many thousands of local people. Here is a few words from the our causes that the charity will be funding this year.
STICK ‘N’ STEP Morning, through which children with cerebral palsy gain confidence, push the boundaries of their disability and strive to be as independent as possible. Working with our dedicated staff our children learn to do every day tasks that most people take for granted, such as holding a cup or standing up from a chair.
A group of parents of children with cerebral palsy formed our charity in 2002. They chose the name Stick ‘n’ Step because that is how children are taught to walk with sticks. They’re taught to stick and step. Over the years we have helped hundreds of children achieve goals their parents never thought possible through sitting up to dressing themselves to walking unassisted. Some of our original children have now gone on to college and university. This is a huge accomplishment for these children who had such a tough start to their lives.
Their parents were told so many things that they would never be able to do. Never be able to walk, never read, never go to a mainstream school and Stick ‘n’ Step would never say never, we always say let us try. We are delighted that you have chosen this as one of your charities this year. You’re helping children with cerebral palsy achieve the greatest independence possible step by step. Thank you so much for supporting us.
CLATTERBRIDGE CANCER CENTRE The Clatterbridge Cancer Centre is one of the largest networked cancer centres in the UK. From nine operating sites across Merseyside and Cheshire we treat over thirty thousand patients a year offering pioneering chemotherapy, radiotherapy and proton therapy treatments.
The incidence of cancer is increasing and our region has the highest cancer death rate in the UK meaning there are so many of us that have been touched by cancer and whose families have benefited from the care given by the dedicated team.
It’s thanks to your support that we can help to make the hospital such a special place, helping our patients young and old get the best possible care. By choosing to raise money for the Clatterbridge Cancer Charity you’ll be helping to fund pioneering research, new treatments and vital support services that may be otherwise unavailable ranging from the latest innovations to how we treat cancer to the special touches that mean so much to our patients.
For thousands of patients in the coming year who will hear the words “you’ve got cancer” and come to us for treatment and on behalf of our team here at Clatterbridge Cancer Centre I’d like to say thank you for your support, you are really helping to make a difference and change lives.
WIRRAL FOODBANK The Wirral Foodbank, which has been running for three years, is one of three hundred and eighty foodbanks across the country run by the Trussell Trust.
Thirteen million people live below the poverty line in the UK and today and every day people on the Wirral will be struggling to feed themselves and their families because of redundancy, illness, benefit delay, unexpected bills, domestic violence, debt, family breakdown and high fuel bills.
Last year Wirral Foodbank fed and supported over twelve thousand local people, four and a half thousand of these were children. The Foodbank provides a minimum of three days emergency food and help for people experiencing financial crisis. All food is donated by the public and sorted by volunteers.
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Cllr Phil Gilchrist is this year’s recipient of the Andy Day Memorial Cup
Cllr Phil Gilchrist presented with the Andy Day Memorial Cup by the Mayor of Wirral at a meeting of Wirral Council
Cllr Phil Gilchrist is this year’s recipient of the Andy Day Memorial Cup
In awarding the cup the Mayor of Wirral said during a meeting of the Council on Monday, “As this is my last full Council meeting,it falls upon me to present the Andy Day memorial cup. I’ve been very impressed by lots of councillors throughout the year, the amount of work that they do as councillors but also throughout their community. I’ve struggled over the last few days to select a particular Member who I believe is worthy of the cup and I’ve come to the conclusion that my nomination for the Andy Day Memorial Cup this year will be Councillor Phil Gilchrist.
The reason behind that is he’s a stalwart within my own particular ward. He’s taken up the mantle with myself being the Mayor this year and he’s taken on a lot more work than he would normally do. Outside of that I do know that he does an awful lot of work within the community. May I present the Andy Day Memorial to Councillor Phil Gilchrist.”
Cllr Phil Gilchrist said receiving the cup was “totally out of the blue”. Video of the cup being presented to Cllr Phil Gilchrist starts at 2:20 in the video below.
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