Cllr Stuart “Robin Hood” Kelly takes on Cllr Phil “Sheriff of Nottingham” Davies on a matter involving Wirral’s forest

Cllr Stuart “Robin Hood” Kelly takes on Cllr Phil “Sheriff of Nottingham” Davies on a matter involving Wirral’s forest

Cllr Stuart “Robin Hood” Kelly takes on Cllr Phil “Sheriff of Nottingham” Davies on a matter involving Wirral’s forest

                                                       

Councillor Stuart “Robin Hood” Kelly explains to the Coordinating Committee why he disagrees with the Cabinet decision about Forest Schools and Healthy Homes 18th September 2014 Committee Room 1, Wallasey Town Hall

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The following is meant as satire. Obviously Cllr Stuart Kelly is not Robin Hood and Councillor Phil Davies is not the Sheriff of Nottingham. You can watch the meeting from beginning to end, however the video clips below are of the part of the meeting described below that video clip.

Councillor Stuart “Robin Hood” Kelly had gone into Nottingham’sWirral’s castle as he disagreed with the plans of Cllr Phil “Sheriff of Nottingham” Davies. The plans Cllr Phil “Sheriff of Nottingham” had were about the Forest Schools and Healthy Homes programs.

Councillor Stuart “Robin Hood” Kelly regularly appeared in articles in the local newspaper the NottinghamWirral Globe and was known for being a “thorn in the side” of the Sheriff.

In the recent past he had argued with the Sheriff as the Sheriff was charging the poor peasantspeople (who didn’t have computers) of Wirral an extra £5 to have their garden rubbish removed in brown bins. The Sheriff had disagreed with Cllr Stuart “Robin Hood” Kelly then. As far as the Sheriff was concerned, the bins tax was fair (and although not stated obviously fairer than the bedroom tax which the Sheriff was against).

After the Sheriff had heard at a meeting recently that any of the peasantspeople of Wirral could go into one of its many 24 libraries (on which a consultation on reducing the opening hours was now taking place on the orders of the Sheriff) and sign up to pay the “bin tax” online (completely failing to mention the irony of Cllr Foulkes’ plan to close half of the libraries which was stopped a few years ago by Sue Charteris, the Labour government and the people of Wirral).

One of the Sheriff of Nottingham’s colleagues Cllr Moira McLaughlin of Rock Ferry (who is not Maid Marian despite also having the initials MM) told Cllr Stuart “Robin Hood” Kelly that he had five minutes only to make his case. Thankfully she did not add that if he exceeded his time she would call the guards of the castle and have him dragged off to the dungeon (formerly the Mayor’s wine cellar) for having the gall and brass neck to try to upset the Sheriff.

Cllr Stuart “Robin Hood” Kelly of Oxton explained the many hardships the peasantspeople were suffering. He wanted the children of Wirral to visit the forests! He wanted the people to have warm homes and not be cold in the winter ahead! He was doing this all for the people! He disagreed with Cllr Phil “Sheriff of Nottingham” Davies as he felt that it was wrong to try to stop or cut how much was spent on these matters as if they did the people would suffer!

Cllr Moira McLaughlin of Rock Ferry then called Cllr Phil “Sheriff of Nottingham” to speak, again for up to five minutes.

Cllr Phil “Sheriff of Nottingham” Davies was keen to show he wasn’t as bad as Cllr Stuart “Robin Hood” Kelly had painted him earlier. He blamed it all on Prince John Queen Elizabeth II and the Coalition government. He explained that the Forest Schools target was to send 660 children to the forests of Nottingham Wirral over the last two years. In fact at the end of year one it had exceeded its target! Therefore this was why the money was taken away. Yes, classes of fifteen, instead of thirty were now being used but this was all for the be benefit of the children! It was his contention that both on Healthy Homes and Forest Schools that this was prudent financially.

Cllr Moira McLaughlin of Rock Ferry then asked for the witnesses to be called. A senior manager of the forests of Wirral came to speak. She explained what the Forest Schools program was about and how it was run by the rangers. They had decided that classes of fifteen were the best size. The experienced rangers were running the program, with the money used to backfill their positions.

Cllr Mike Sullivan of Pensby & Thingwall said how fabulous the work of the Forest Schools was and how it was better now it was fifteen and not thirty.

Another councillor asked if the budget was cut. The senior manager of the forests confirmed it had. Cllr Moira of Rock Ferry referred to a “reduction in activity” followed by Cllr Mike Sullivan again.

Cllr Janette Williamson of Liscard described it as a “great project”.

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The effect on the children was talked about as well as how it made a “voluntary mute” “chatty and enthusiastic”. However the officer warned of the effect on places like Bidston Hill which was suffering whilst its ranger was doing this.

Cllr Dave Mitchell of Eastham asked a question about £18,000? The officer replied that was the underspend in year one. She continued talking about the beneficial effects on the young children and the benefits of it, not just on the children but on others too. The reduction in early years involvement in the Forest Schools program from four events to two was referred to. Various people asked questions and the debate went on.

Cllr Mike Sullivan of Pensby & Thingwall referred to the fact they might have to lay off rangers, to a rather horrified look from Cllr Moira of Rock Ferry who intervened. How much each schools paid to be involved was mentioned, with the poor schools paying less than the richer schools.

Cllr Paul Doughty of Prenton referred to the benefits, a decrease in school absence, increase in outdoor use and exercise and other benefits. The manager replied. She was thanked by Cllr Moira of Rock Ferry who then asked the Healthy Homes witness to come forward.

Lisa told everybody about what the Healthy Homes program was, how it was about healthy lifestyles, smoking cessation and a “whole house” approach (whatever that means). She referred to the NHS, training “champions” and “partner agencies” as well as grants and loans that could be provided to tackles hazards.

Cllr Mitchell of Eastham referred to Merseyside Fire and Rescue Service. The manager referred to “significant progress” as well as the police service and fire service. He asked her another question and she said she could only speak for Wirral Council. Cllr Mitchell of Eastham asked another question.

Cllr Berry of Moreton West and Saughall Massie asked about the budget cut and when she had been told? Had she been asked for comments about the potential impacts? He referred to numbers of assessments done.

The answer given referred to housing renovation loans, central heating and grants. Cllr Janette Williamson of Liscard indicated her question had already been answered. Cllr Paul Doughty of Prenton referred to a presentation last year of Ian Platt about the Healthy Homes program and funding. The manager replied to his points using phrases such as that they could “still help everyone”.

Cllr Mike Sullivan of Pensby & Thingwall said the manager was not “Mystic Meg”. Cllr Moira of Rock Ferry thanked the witness and called Kevin Adderley.

Kevin Adderley said he was “very pleased” and that the two schemes he was “proud of”. He went into detail about the impacts of the Forest Schools and Healthy Homes programs and referred to the Chief Executive’s Strategy Group.

Cllr Mitchell of Eastham asked why he had selected these to be earmarked for savings and why wasn’t the money capitalised?

Kevin Adderley answered that was explained in the Cabinet Report. He went into a little more detail. Mitchell of Eastham asked another question, Kevin Adderley again referred to the Chief Executive’s Strategy Group.

Cllr Moira McLaughlin of Rock Ferry made a point, Cllr Wendy Clements of Greasby, Frankby & Irby referred to all the people who could be helped. Kevin Adderley replied that it was in privately owned accommodation, not registered social landlord and that they couldn’t be expected to knock on 100,000 doors on the Wirral, they had to rely on people coming forward.

Cllr Wendy Clements of Greasby, Frankby & Irby referred to that they were in danger of disadvantaging people and that they should be proactive. Kevin Adderley replied that he was sure they wouldn’t want to advertise to private sector landlords and that there was a “fine balance”.

Cllr Paul Doughty of Prenton referred to the “age of austerity” and that he could only think in terms of his own household’s budget. He disagreed with capitalising the expenditure and referred to cuts and the “prudent financial management” and that they shouldn’t be finding ways of spending money that they haven’t got.

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Cllr Moira McLaughlin of Rock Ferry asked Fiona Johnstone to come forward as a witness. Fiona Johnstone said she would take questions, but in answer to an earlier question about process it had first been agreed with the Cabinet portfolio holder. Kevin Adderley left for two minutes at this point. She continued by explaining the history of it all and when things had happened and would happen. Kevin Adderley returned. Fiona Johnstone continued on about Forest Schools and other matters. Mitchell of Eastham referred to the benefits to the children. Fiona Johnstone replied that there would be a full evaluation in May or June. However in her view the question was what could they afford to do more efficiently followed by talking about outcomes. Cllr Mitchell of Eastham referred to the review. Cllr Moira of Rock Ferry interrupted.

Cllr Wendy Clements of Greasby, Frankby & Irby referred to the fact it was public health money. Fiona Johnstone answered that they were waiting till the call in was complete. Cllr Anita Leech of Leasowe and Moreton East referred to the Cabinet minute about public health spending. Fiona Johnstone replied that they had monthly reports on the budget and in answer to a question as to whether these monthly financial reports went to the Families and Wellbeing Policy and Performance Committee the answer was “not now”.

Cllr Gerry Ellis of Hoylake and Meols asked a question. The answer given by Fiona Johnstone was that every project had been asked to make an assessment of the impact and those assessments had been received. Cllr Gerry Ellis of Hoylake and Meols asked if that was a written assesment? Fiona Johnstone replied that it was for 38 projects. Cllr Phillip Brightmore of Pensby & Thingwall asked a brief question to which Fiona Johnstone referred to that there would be a need to understand a proper evaluation.

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Cllr Moira McLaughlin of Rock Ferry asked Cllr Stuart “Robin Hood” Kelly to sum up in five minutes. Cllr Stuart “Robin Hood” Kelly referred to the ringfencing of the money for public health. He said that the Forest Schools was “knocked into a cocked hat” and was a “victim of its own success”. Cllr Stuart “Robin Hood” Kelly referred to the reduction in class sizes from thirty to fifteen and referred to the Healthy Homes scheme.

He was interrupted by others, but Cllr Moira of Rock Ferry told him to “carry on”.

Cllr Stuart “Robin Hood” Kelly referred to substandard housing and how it had nothing to do with next year’s deficit. He questioned the stability of this year’s budget and how they could say that reducing to fifteen in each class for Forest Schools was a “success”? He referred to twenty-one households who would be affected by Healthy Homes and that how they need to think about priorities as these were small amounts of money.

Cllr Moira McLaughlin of Rock Ferry asked Cllr Phil “Sheriff of Nottingham” Davies to speak for five minutes.

He thanked Cllr Moira McLaughlin, said the project was a pilot project time limited to two years but that it was “something new” and “not a precise science”. Cllr Phil “Sheriff of Nottingham” Davies was not surprised that they had not been able to spend their total amount of funding. In the case of Forest Schools and Health Homes he felt it was “financially sensible” to make savings and think about “how best to use the money”.

He then went to refer to “savage cuts” and how Cllr Stuart “Robin Hood” Kelly was asking for the original budgets to be restored. Even if he did restore the budget he didn’t think it could be spent by 31st March 2015 as the rangers wouldn’t have the spare capacity, he even went so far as to use the word “nonsense”.

In closing he said he would like to see the projects continue, referred to them as “fantastic” and what’s needed was an “enlightened government” (in reference to cuts). He asked Cllr Stuart “Robin Hood” Kelly to join him in a lobby on the train to number 10 Downing Street to endorse the position of the Cabinet.

Cllr Moira McLaughlin of Rock Ferry asked if anyone wanted to debate it. Cllr Gerry Ellis of Hoylake and Meols left.

Cllr Jerry Williams of Bebington said that the Council was “working well” in “difficult circumstances” and that he knew Cllr Stuart “Robin Hood” Kelly was an “opposition councillor”. He wanted to dwell on the positives rather than being totally negative.

Cllr Wendy Clements of Greasby, Frankby and Irby said that it was public health money and they had to remember that it was nothing to do with the challenges.

Cllr Anita Leech of Leasowe and Moreton East referred to the ringfencing of the money and how the best number of class sizes was fifteen for the Forest Schools program. Cllr Dave Mitchell of Eastham referred to the Forest Schools project being an “excellent project”. Cllr Gerry Ellis of Hoylake and Meols returned. Cllr Dave Mitchell of Eastham continued by referring to what Ed Miliband and the Labour Party’s spokesperson had said would happen if they were elected in May 2015 and how they would not change anything. He referred to how the Forest Schools program was allowing young people to improve their lives.

Cllr David Elderton of West Kirby and Thurstaston referred to the concerns of Wendy Clements and the ringfencing of the money and that they should leave it alone and not throw the “baby out with the bath water”. Cllr Phillip Brightmore of Pensby and Thingwall referred to the money.

Cllr Moira of Rock Ferry referred to Cllr Paul Doughty’s resolution and the three options they had. However the middle one wasn’t applicable. They could refer the matter back to Cabinet or agree to uphold the original decision.

Cllr Paul Doughty of Prenton move a recommendation congratulating officers and referring to “prudent financial management”. His recommendation was that the Cabinet decision of 7th July 2014 would stand. Cllr Moira of Rock Ferry seconded it.

An amendment was moved by Cllr Wendy Clements of Greasby, Frankby and Irby. The amendment was to refer it back to the Cabinet asking them to be careful to evaluate the use of ringfenced funds and retain the projects. This was seconded.

There was a vote on the amendment.

For the amendment (6): Cllr Dave Mitchell, Cllr Bruce Berry, Cllr Gerry Ellis, Cllr David Elderton, Cllr Steve Williams and Cllr Wendy Clements.

Against the amendment (9): Cllr Janette Williamson, Cllr Jerry Williams, Cllr Michael Sullivan, Cllr Walter Smith, Cllr Christina Muspratt, Cllr Anita Leech, Cllr Phillip Brightmore, Cllr Paul Doughty and Cllr Moira McLaughlin.

The amendment was lost.

Voting on the original recommendation.

For the recommendation (9): Cllr Janette Williamson, Cllr Jerry Williams, Cllr Michael Sullivan, Cllr Walter Smith, Cllr Christina Muspratt, Cllr Anita Leech, Cllr Phillip Brightmore, Cllr Paul Doughty and Cllr Moira McLaughlin.

Against the recommendation (6): Cllr Dave Mitchell, Cllr Bruce Berry, Cllr Gerry Ellis, Cllr David Elderton, Cllr Steve Williams and Cllr Wendy Clements.

The recommendation was won and the nine Labour councillors voted to uphold the original decision of the Labour Cabinet (which is led by Cllr Phil “Sheriff of Nottingham” Davies).

The original Cabinet decision of the 7th July 2014 upheld by a majority vote (the call in related to section (5) of the original decision) was:

RESOLVED: That

Revenue:

(1) it be noted that at Month 2 (May 2014), the full year forecast projects a gross General Fund overspend of £3,137,000;

(2) the increased commitment of £152,000 for Carbon Reduction Commitment allowances contained within the above figure be noted;

(3) that the payment of New Homes Bonus grant of £242,253 which is a general grant received outside of directorate budgets be noted;

(4) the risks relating to non delivery of savings as detailed in paragraph 3.3 of appendix A and requirement for mitigation and actions to be identified be noted;

(5) the mitigation actions being undertaken including capitalisation, reprofiling and use of public health budgets as per paragraph 3.5 (of Appendix A) and reductions to 2014/15 growth as detailed in paragraphs 5.2 and table 5 above (of Appendix A). Further mitigation action will be developed as appropriate during the year;

(6) the application of the additional New Homes Bonus grant against the Carbon reduction commitment and overall overspend to reduce the net overspend to £2,894,747 be approved.

Capital:

(i) the spend to date at Month 2 of £1.3 million, with 16.7% of the financial year having elapsed be noted; and

(ii) the revised Capital Programme of £61.3 million (Table 1 at 3.1 of Appendix B) be approved.

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Expense claim forms for Councillor Phil Davies (Wirral Council) 2013 to 2014

Expense claim forms for Councillor Phil Davies (Wirral Council) 2013 to 2014

Expense claim forms for Councillor Phil Davies (Wirral Council) 2013 to 2014

                                                                 

Updated 22nd October 2014: A further page was provided for Councillor Phil Davies on the 17th October which is detailed here.

The next in this series of expenses claims is that for Councillor Phil Davies (a Labour councillor for Birkenhead and Tranmere ward). As part of the 2013-14 audit I requested the underlying claim forms for these claims from councillors and other underlying financial information. Personally I think in the interests of openness and transparency these should be published on a monthly basis, although there is now no legal requirement on Wirral Council to publish anything other than annual totals once a year.

Councillors are paid these amounts through the payroll system at Wirral Council and certain details were redacted from each form before I was given copies. These are matters such as councillor’s signatures, car registration numbers and officer names/signatures.

I haven’t been given a list of what’s been redacted from each form, but I was told this information. The forms were given to me this morning alphabetically by councillor surname, so the second in this series (which started with another councillor called Davies, but not Phil but George) is Councillor Phil Davies.

These are for expenses claimed during the 2013-14 financial year (so should cover the period from the 1st April 2013 to the 31st March 2014). If anything it shows the public how busy Councillor Phil Davies has been in that year, however as Leader of the Council that’s to be expected.

I did also ask for the underlying financial information to support these claims forms such as receipts, but the person I originally made the request to is now on holiday and such paperwork has not been provided to me (yet). Who knows what will happen in the near future as the 30th September 2014 deadline fast approaches?

Cllr Phil Davies expense claim 2013 2014 page 1
Cllr Phil Davies expense claim 2013 2014 page 1
Cllr Phil Davies expense claim 2013 2014 page 2
Cllr Phil Davies expense claim 2013 2014 page 2
Cllr Phil Davies expense claim 2013 2014 page 3
Cllr Phil Davies expense claim 2013 2014 page 3
Cllr Phil Davies expense claim 2013 2014 page 4
Cllr Phil Davies expense claim 2013 2014 page 4
Cllr Phil Davies expense claim 2013 2014 page 5
Cllr Phil Davies expense claim 2013 2014 page 5
Cllr Phil Davies expense claim 2013 2014 page 6
Cllr Phil Davies expense claim 2013 2014 page 6
Cllr Phil Davies expense claim 2013 2014 page 7
Cllr Phil Davies expense claim 2013 2014 page 7
Cllr Phil Davies expense claim 2013 2014 page 8
Cllr Phil Davies expense claim 2013 2014 page 8

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The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed

The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed

The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed

                                                                  

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 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

Here are my thoughts on a few aspects of the recent Cabinet decision last Thursday evening about Lyndale School.

Q1. So who was the decision with regards to Lyndale School made by?

A1. The decisions about Lyndale School were made by Cllr Phil Davies (Labour, Birkenhead and Tranmere), Cllr Tony Smith (Labour, Upton), Cllr Bernie Mooney (Labour, Liscard), Cllr Stuart Whittingham (Labour, Upton), Cllr Chris Meaden (Labour, Rock Ferry), Cllr Chris Jones (Labour, Seacombe), Cllr Adrian Jones (Labour, Seacombe), Cllr George Davies (Labour, Claughton) and Cllr Pat Hackett (Labour, New Brighton).

Q2. But that’s only 9? I thought the Cabinet had 10 councillors on it!

A2. Cllr Ann McLachlan (the tenth Cabinet Member) wasn’t present at the meeting.

Q3. So does the fact she was missing alter things?

A3. No, nine out of ten is still enough to be quorate (enough councillors there to make a decision). One less councillor means one less vote to be counted, one less person possibly speaking and therefore a shorter meeting. There is no deputy system for Cabinet Members. There was no vote held during the meeting where her vote (one way or the other) would’ve made a difference to the outcome anyway. According to an email, Councillor Ann McLachlan is “away” from 29th August 2014 to the 8th September 2014 which covers the evening this meeting was held on the 4th September 2014.

Q4. So what’s she Cabinet Member for anyway?

A4. Cllr Ann McLachlan is the Cabinet Member for Governance, Commissioning and Improvement

Q5. Sorry I’m too busy laughing that Wirral Council has a Cabinet Member for “Improvement”. You’re joking right?

A5. No, I’m not.

Q6. So what was the Cllr Phil Davies’ amendment (seconded by Cllr Bernie Mooney) to the original recommendation?

A6. The recommendation (as amended) is here. Cllr Phil Davies’ amendment to the original recommendation is as follows:

Add new additional item to recommendation after paragraph 1.2:

  • 1.3 That the Director of Childrens’ Services to ensure that Education, Health and Care Plans for all pupils of the Lyndale School are completed by the 31st October.

As Cllr Phil Davies said at the time of proposing his amendment, “It’s really important we have them in place as soon as possible.” I am presuming here that implies 31st October 2014 rather than 31st October 2015 as he didn’t specify a year at the Cabinet meeting.

Q7. So what’s an “Education, Health and Care Plan” anyway?

A7. It’s a legal requirement on Wirral Council to produce an “EHC needs assessment” (an assessment of the educational, health care and social care needs of a child or young person) on request because of the legal requirements placed upon them by the Children and Families Act 2014 c.6 (sections 33-34, 36-60).

Q8. So who can make such a request for an EHC Plan?

A8. Either parents, the young person his or herself, a person acting on behalf of a school or a person acting on behalf of a post-16 institution.

Q9. Does Wirral Council’s Cabinet fall into one of these categories?

A9. No, but Cabinet has other legal powers to make recommendations to the Director of Childrens’ Services who is Julia Hassall if they so wish.

Q10. OK, so going back to the Cabinet decision. What is the first legal concern you have about it?

A10. Well it relates to Regulations 8-11 of SI 2012/2089.

Q11. Interesting so what are Regulations 8-11 of SI 2012/2089 about?

A11. It is about key decisions, publicity in connection with key decisions, general exception and cases of special urgency.

Q12. OK, so is the decision about Lyndale School a “key decision”?

A12. Yes, key decisions are defined in Regulation 8 as a Cabinet decision (executive refers to the Cabinet) which is defined as follows:

“8. (1) In these Regulations a “key decision” means an executive decision, which is likely–

1 (a) to result in the relevant local authority incurring expenditure which is, or the making of savings which are, significant having regard to the relevant local authority’s budget for the service or function to which the decision relates; or

(b) to be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the relevant local authority.

In determining the meaning of “significant” for the purposes of paragraph (1) the local authority must have regard to any guidance for the time being issued by the Secretary of State in accordance with section 9Q of the 2000 Act (guidance).

Q13. So do Wirral Council regard it as a “key decision”?

A13. Yes.

Q14. So what’s the problem then?

A14. Well the regulations state in relation to a key decision that “that decision must not be made” unless certain requirements in Regulations 9-11 are met.

Q15. So what are the requirements in Regulations 9-11?

A15. That Wirral Council has to either “28 clear days” before the Cabinet meeting of the 4th September 2014 both publish a document on its website (and have that document open for inspection) which states the required information outlined in 9(1)(a) to 9(1)(h), or inform Cllr Moira McLaughlin and publish a notice on its website 5 clear days before the meeting or get Cllr Moira McLaughlin’s permission that the meeting is urgent and publish a notice to that effect on its website.

Q16. So did Wirral Council publish a document 28 clear days before the meeting containing the information in 9(1)(a) to 9(1)(h)?

A16. No, however it did publish a document 28 clear days before the meeting containing information in 9(1)(a), 9(1)(b), part of 9(1)(c) and 9(1)(d).

Q17. So they didn’t publish the information required by part of 9(1)(c), 9(1)(e), 9(1)(f), 9(1)(g) and 9(1)(h)?

A17. Yes.

Q18. Did they get Cllr Moira McLaughlin’s permission and publish a notice to that effect then?

A18. No.

Q19. Did they inform Cllr Moira McLaughlin and publish a notice to that effect then?

A19. No.

Q20. So what happens then if they don’t do these things?

Q20. They’re not allowed to make the decision. The regulations are quite clear on that “the decision must not be made”. Therefore the decision is unlawful/ultra vires.

Q21. So you’re alleging the decision on Lyndale School is unlawful, but they’ll just go ahead and implement it anyway?

A21. Yes.

Q22. Are there any other grounds too on which it could be challenged?

A22. Yes. The decision was made by the wrong people.

Q23. Why’s that?

A23. It’s an education matter and they didn’t have the parent governors and Diocesan representatives as part of the Cabinet making the decision.

Q24. But I thought Cabinets didn’t have to have such people as their decisions could be “called in” to the Coordinating Committee that does?

A24. The Coordinating Committee does have parent governor representatives and a Catholic representative (as of February this year) but is missing an Anglican representative.

Q25. But does it really have to have an Anglican representative?

A25. Yes it does. It’s a legal requirement, see s.9 of the School Standards and Framework Act 1998 c.31 / s.499 of the Education Act 1996 and the underlying regulations  such as Regulation 5 of The Local Authorities (Committee System) (England) Regulations 2012 and Regulation 5 of The Education (School Organisation Committees) (England) Regulations 1999.

The Anglican representative has to be decided by the Diocesan Board of Education (Chester Diocese) not Wirral Council.

Q26. Well why doesn’t it have one?

A26. Well the Coordinating Committee made a recommendation to Council to add an Anglican representative on February 5th 2014. The Coordinating Committee suggested Mrs H Shoebridge and Mrs Nicola Smith as parent governors representative as well as Damien Cunningham (Catholic representative) but left the decision over who the Anglican representative would be to Council.

Council met on 25th February 2014 and chose to add Mrs H Shoebridge, Mrs Nicola Smith and Damien Cunnigham to the Coordinating Committee. An extra place for the Church of England representative was added to the committee but nobody was appointed to it.

Q27. So who proposed and seconded this motion at Council?

A27. Cllr Phil Davies proposed it and Cllr Ann McLachlan seconded it.

Q28. Well surely there was some scrutiny from the 63 councillors present as to this oversight?

A28. No, it had been a long meeting by then to decide the Budget for 2014/15 with many card votes and councillors were getting tired. 63 councillors voted unanimously to add the three named representatives to the Coordinating Committee and the extra place for the Church of England representative but failed to decide on who the representative for the latter was.

Q29. So basically they had one job to do (pick a name) and they bodged it due to a lack of scrutiny and oversight.

A29. Yes.

Q30. So what are the consequences of not having a properly constituted Coordinating Committee?

A30. The legislation is clear that if the Coordinating Committee doesn’t have the required two parent governor reps, Catholic and Anglican representatives then Cabinet has to when considering education matters (in my interpretation).

Q31. So does Cabinet have two parent governor representatives, a Catholic and an Anglican representative?

A31. No.

Q32. Are there other reasons (other than the two above) why this decision about Lyndale could be unlawful?

A32. Yes.

Q33. What are they?

A33. Well they relate to Wirral Council’s responsibilities under the Equality Act 2010 c.15, Disability Discrimination Act 1995 c.50, Disability Discrimination Act 2005 c.13 and Human Rights Act 1998 c.42. There may be others I haven’t thought of.

Q34. Wow that’s a lot! Can you be a little more detailed?

A34. S. 6(1) of the Human Rights Act 1998 c.42 in relation to Protocol 1 (Article 2) “Right to education”.

In relation to the Equality Act 2010 c.15 there would be legal concerns about Section 13, section 15, section 19, section 26, section 27, section 85, section 86, section 112, section 149, section 150 and section 158.

In relation to the Disability Discrimination Act 1995 c.50 there would be concerns about sections 19, 21, 21B, 21D, 28A, 28B, 28C, 28F and 49A.

In relation to the Disability Discrimination Act 2005 c.13 there would be concerns about sections 2 & 3.

Q35. So there are in total legal concerns about four different Acts of Parliament, two different sets of regulations comprising 25 different legal concerns?

A35. Yes.

Q36. So what’s the first step in the legal process?

A36. Someone involved in the Lyndale decision, whether staff, parents, children, a person who submitted a consultation response, attended a consultation meeting or signed the petition should write a letter to Wirral Council’s Cabinet and Wirral Council’s legal department stating that if it isn’t sorted out then court action will follow. The general protocol is that Wirral Council then have two weeks to provide a response.

Q37. And if Wirral Council says no, what happens next?

A37. It would result in multiple cases would be filed in the courts with jurisdiction to hear such matters. Two examples would be the Birkenhead County Court and Royal Courts of Justice (sometimes referred to as the High Court).

It would then be up to the courts to decide who was right and wrong in this matter if Wirral Council was in the wrong, appropriate compensation and possibly quashing of all or part of the original Cabinet decision.

Based on my past experience of such cases (which I will point out at this stage that none of this is not to be construed as legal advice) some of the many legal grounds listed above (on their own) would not be sufficient for a judicial decision to be made against Wirral Council.

Some however are stronger than others.

My opinion is based on other reported cases, being personally involved in at least one involving one of the pieces of legislation and knowing that in a civil matter it would be decided on the “balance of probablities”, that this is a highly complex and hard to predict legal matter that boils down to both subjective and objective matters, interpretation of the facts and other matters. The legislation as written opens up wide opportunity for Wirral Council to claim various defences to their actions and undoubtedly Wirral Council would hire an experienced barrister to do this.

Some alleged breaches are just purely technical and in the past the judicial viewpoint has been that caveats in the legislation provide defences to those sued. Some would depend on the judicial interpretation of the various law as there are multiple interpretations of the same words. The external costs of Wirral Council defending such a legal action could go to tens of thousands of pounds with internal legal costs possibly being a similar amount (officer time, resources etc). However the costs of bringing such an action (solicitor, barrister, court fees, postage, documentation preparation etc) would also come to a similar sum.

Obviously if the cases were won, such legal costs (if a judge agreed to it) could be claimed back from Wirral Council. It would not be something to be considered “lightly”. Cutbacks made in recent years by the government to the courts system mean that cases now take far longer than they used to. Fees for court cases have also been increased.

However if something isn’t done soon, any case (whatever its merits) would be rejected by the courts for being out of time. Judicial reviews have to be brought “promptly” (and within three months of the decision although it is not advisable to wait so long as permission will be denied). Disability discrimination cases have to be brought within six months of the action complained about. Outside of this time it is up to the Court whether they accept them or not.

It is also possible that there are legal matters that I have not contemplated that could be grounds for challenging the Cabinet decision.

The Cabinet decision could also be called in by opposition politicians once the Cabinet minutes are published in draft form. However as the Coordinating Committee does not have an Anglican representative it would have to again refer a recommendation to a future meeting of the Council and then adjourn its meeting until after Council has decided. Pending legal action would also possibly complicate the call in process (which would not be quick).

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Video of Wirral Council Special Cabinet meeting over Lyndale School and copy of Cabinet recommendation for closure

Video of Wirral Council Special Cabinet meeting over Lyndale School and copy of Cabinet recommendation for closure

Video of Wirral Council Special Cabinet meeting over Lyndale School and copy of Cabinet recommendation for closure

                                             

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Video of the Special Cabinet meeting held on the 4th September 2014 to discuss Lyndale School. Please note there is a small break in filming between parts 5 and 6 in order for depleted batteries to be changed.

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 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

Below is a copy of the recommendation agreed at the special meeting of Wirral Council’s Cabinet on the 4th September 2014. An amendment to this recommendation was also proposed and agreed, however the amendment wasn’t circulated to those present at the meeting and the below is the original (unamended) recommendation Ed – 7/9/14 10:18 recommendation as amended by the new amendment which adds part 1.3.

CABINET – 4TH SEPTEMBER 2014

THE LYNDALE SCHOOL

RECOMMENDATION

1.1 Cabinet thanks all those who have participated in the consultation exercise, with particular regard to submissions from parents of children at The Lyndale School.

1.2 Having reviewed the responses received during the consultation process, analysed the alternative options and applied the SEN Improvement Test, is it recommended that:

  • Statutory notices be published in respect of the closure of The Lyndale School from January 2016.
  • That Wirral Council, under the leadership of the Director of Children’s Services, work individually, with children and families, towards effecting a smooth and supportive transition to an alternative place at one of the following schools:
  • Elleray Park Special School
  • Stanley Special School
  • Another appropriate school
  • In doing so, that the Director of Children’s Services, in acknowledgement of the close relationships that exist between staff and pupils at The Lyndale School, investigates if staff could be employed, where possible, at receiving schools, (subject to legal practice and the approval of governing bodies).
  • The Director of Children’s Services be authorised to take all necessary steps to publish the proposals and ensure the prescribed procedures are followed, including requesting permissions from the Secretary of State, in furtherance of the proposals.
  • A further report be brought on the outcome of the publication of the statutory notices.
  • </UL

  • 1.3 That the Director of Children’s Services to ensure that Education, Health and Care Plans for all pupils of the Lyndale School are completed by the 31st October.

2.0 REASONS FOR RECOMMENDATION

2.1 Having looked at all the options, and applied the SEN Improvement Test, it is our opinion that, while we recognise the special place that The Lyndale School has in the affection of parents and children, the continued operation and maintenance of a school of this size will not meet the future educational needs of the children, nor is a financially viable option, especially when there are good alternative options available.

The Council has a responsibility to ensure for the sustainable future provision of education for the pupils of The Lyndale School. In addition, we have to manage resources effectively for all schools and the school population.

This has been a difficult decision to make, and we would like to affirm our continued intention to work positively with the families and the children affected, and reassure parents of our continued commitment to their child’s wellbeing and education.

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A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

                                     

John Wayne as the sheriff in Rio Bravo
John Wayne as the sheriff in Rio Bravo

The following is a work of satire.

Deep in the dusty, hot West was a town called Wirral. This tale is about a land grab, a common theme in these parts as some townsfolk had let greed enter into their hearts.

Outside of town were about ten acres of farmland known as Fernbank Farm where all day the pony club offered rides to the local children. Everyone had fun there and the pony club had been there for as long as people could remember and paid rent for the use of the land to their landlord. Everybody was happy.

Little did the pony club know then, but their landlord wanted them off that land. At first they thought everything was going as it had in years gone by as their landlord even sent them a new lease to sign, which they returned back thinking everything would be just as it was in the past.

However they didn’t know that the local politicians had had a meeting and at this meeting they had changed the rules so a hundred houses could be built on the land. This was deliberately kept a secret from the pony club on the instructions of Tony Simpson.

Once a deadline had been passed and a new lease had deliberately not been agreed (while telling the pony club they would happily agree to a new lease), the landlord went to Surjit “the Sheriff” Tour, who worked for the landlord to ask him what to do. He told them that he couldn’t turf the pony club off their land yet and in order to evict them he’d first need a judge to agree to it.

The pony club were surprised by this move and got Kirwan (a lawman and former politician to help them), he did his best but the pony club soon ran out of gold coins to pay him and asked for help from Lewis instead.

The pony club’s day in court came and in the judge’s chambers in the town’s courthouse a Judge explained to all (including two curious journalists from the local reservation) that it would have to go to a proper trial where everyone would have their say. Reluctantly the landlord agreed to this.

The day of the trial came and another Judge was in charge. The landlord had hired expensive help from far, far away. The Judge said he was very sorry, but that he had no choice but to sign a possession order to turf the pony club off the landlord’s land. His hands were tied, he felt he had no choice but was very apologetic. If their landlord hadn’t been so underhand he said, he would have granted the pony club a new lease, but now unfortunately his hands were tied.

Once again the two curious journalists from the local reservation were there including a large number of the townsfolk who wanted the pony club to stay. The journalists wrote down what happened, told the local people and a story about the trial appeared in the town’s newspaper.

The husband of one of those put on trial felt the whole thing was unfair and complained. The landlord read his complaint but (surprise, surprise) said he didn’t agree. One of the two curious journalists from the local reservation even asked a question at a meeting of the politicians (it took a month for the politician to answer).

The landlord wasn’t entirely happy with these two going off the reservation at all, as well, these two were known to have caused trouble in the past but they also knew the townsfolk would really start kicking up a fuss if a large number of braves on horseback rode into the town because of how badly it had been handled. You see those on the reservation quite liked horses and didn’t like as it tended to be translated “white man speak with forked tongue”.

It wasn’t the done thing anymore for the landlord to label people (even those from the reservation) they saw as troublemakers as “crazy”. They’d done just that and ending up having to pay many, many, many (and probably a few more) gold coins to a Mr. Morton (a former employee) after he’d raised a big stink about their past skullduggery and a large amount of gold coins that the landlord had stolen accidentally removed in one of their “mistakes” and had said that they wouldn’t pay back (later changing their mind).

So what was the landlord to do? They asked a stranger from far away to come into town. The stranger did come into town, he talked with the pony club and he talked with the landlord.

Not quite understanding the rules of the game* Mr Aspin (the stranger) was from a far away town called Rochdale. He was not a lawman, but a surveyor but he did not like all he surveyed. Phrases such as “this is not an appropriate action for a Local Authority landlord to take”, “accusation of dishonesty”, “gnawed at his professional conscience” and “unfortunate sequence of events” ran through his report as a series of criticisms as to how the landlord had behaved.

*rules of the game referring to the landlord’s rule in that they preferred “independent” people to agree with them as if they didn’t it would mean no more gold coins from the landlord for them.

The stranger recommended they send an immediate written apology to the pony club, pay them them the gold coins they had paid to Kirwan and allow them to stay rent free as well as finding them somewhere else to move to.

Oh dear, what was the landlord to do? Sooner or later those two pesky reservation journalists would start writing about it (although on the plus side the landlord thought it might stop them writing about another of their dastardly schemes to try and close a local school called Lyndale) and then their mistakes would end up in the newspaper again which would mean all the townsfolk would know. Oh dear! How could they stop the press writing about it they thought? Let’s release the report on a Saturday they decided, the press won’t be at work then.

As no politician wanted to associate themselves with such an unpopular issue, they got the big cheese and well-known troubleshooter Mr. Burgess to apologise. “We apologise for the distress”, “the site is on of the three most valuable council-owned development sites”, “savings targets” and “we should have communicated better” he wrote as well as making the same commitment his boss had Councillor Phil Davies to find the pony club somewhere else.

Mr Burgess even went a little too far in some people’s minds in his enthusiasm and wrote things like “the independent investigation”“found that the Council acted legally throughout possession proceedings” when the investigator’s report in fact stated “I am satisfied that the Council followed the correct procedure in the preparation and issuing of Court proceedings. It is outside my remit to make further comments in this regard as a legal process subsequently followed resulting in the Court granting permission.”

So, one of the two journalists on the reservation saw what went on and wrote this tale and here it is. A partial victory for the pony club, but it seems that the fight will carry on.

Tune in for next week’s thrilling episode about the Wild West Town of Wirral to hear how about the landlord continues to get into hot water in its efforts to “evict” disabled children from the local school called Lyndale in another tale of communication problems, politicians, apologies but this time (as far as we know at this point) not involving horses.

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