Consultation feedback and questions to Improvement Board (15th November 2013)

Consultation feedback and questions to Improvement Board (15th November 2013)

Consultation feedback and questions to Improvement Board (15th November 2013)

                                    

Handed out at last Friday’s Improvement Board meeting were the responses to the consultation received so far, motions passed at the Audit and Risk Management Committee and Coordinating Committee and the questions submitted in advance of the meeting by the members of the public as circulated at the meeting (although some of mine were subtly altered).

I’ve checked the Improvement Board section on Wirral Council’s website at the time of writing, but they haven’t appeared there yet, so here they are instead!

FEEDBACK FROM PARTNERS

Comments on the draft report on behalf of Wirral Community NHS Trust

Thank you for the opportunity to comment on this report.

Wirral Community NHS Trust recognises the significant steps forward taken by the Council over the last two years and agrees with the broad conclusions set out. We also recognise the commitment shown by key personnel, officers and members, and the level of improvement activity which has taken place and which is reflected in the report.

Particular phrases from the concluding pages which resonate with this organisation’s experience working with the Authority over the last year include the reference to a stable, well-led and inclusive organisation, where a change in culture has taken place. We agree that there is a stronger sense of strategic direction, planning and performance management. The grip of the financial position is evident, and there is much greater clarity about the individual roles of senior staff in the new structure, and a strong sense of accessibility.

The Authority is engaging well with key partners and taking a proper leadership role, particularly from our respect, in the health and social care economy.

We look forward to continuing to work with the Council and building this relationship. A key challenge for all public sector partners over the coming years will be our ability to work together to manage the impact of the financial constraints under which we all work, and to ensure that actions taken by individual partners to not impact adversely on the challenges faced by other agencies.

Simon Gilby
Chief Executive
Wirral Community NHS Trust

Thank you for a copy of the Wirral Improvement Board Review report.

I think sharing this document with your peers across the Liverpool City Region is an example of the increased transparency and accountability that you, Cllr Davies your Leader, together with Officers and Members are trying to bring to Wirral.

It is clear that Wirral faced a number of significant challenges and it is to your credit that these have been identified, accepted and acted upon in a way that can only be to the benefit of residents in the Wirral.

The priorities identified by the Improvement Board have set out a clear improvement framework for the Council and the actions taken to date are noted. For me, the priority around political and managerial leadership is key – it sets the example for the Council and all it’s staff and members. This leadership is reflected throughout the other priorities and our challenge now is to build on the cultural changes that are beginning to happen at Wirral so that they become the norm for the future.

It is also to its credit that this improvement has been undertaken in a time of significant financial pressure on the Council, as with the other Councils in the Liverpool City Region. Again the development of a longer term budget and financial plan is noted and will clearly help the Council address current and future challenges in respect of financial settlements.

It would appear that the Council has made significant progress in a relatively short period of time and again it is noted that the Improvement Plan recognises it is not the end but clearly there are further steps that need to be taken to build on what has been achieved to date.

On behalf of St. Helens Council, I would like to congratulate the Leader, yourself and the teamwork of the whole Council on getting to where you are now.

Yours sincerely

Carole Hudson
Chief Executive
St. Helen’s Council

Wirral Improvement Board Review

Merseytravel would like to concur with the view expressed in the report which has recently been published that significant progress has been made by Wirral Council in addressing a number of critical issues that had been raised.

Relationships between Merseytravel and Wirral Council are very open and transparent based on trust. We have a joint agreement on the current transport priorities that will best serve the Wirral, in particular looking at enhancing the connectivity between Wirral and North Wales and Cheshire West. This has been done in the spirit of collaboration at a strategic and operational planning level.

We have developed, and will continue to develop an open and trusting relationship with both the political and senior officer leadership at Wirral Council and have worked collaboratively on the development of a Combined Authority scheme which we hope, when fully implemented in 2014 will see a greater level of outward looking, strategic leadership at City Region level with a very progressive set of revised transport arrangements which will have been developed with collaboration by all parties through which Wirral have contributed significantly.

We also recognise the role of the Leader of Wirral has played in the development of securing European funding within the European programme and we hope to continue to maximise this expertise and the new approach to partnership working between all parties but in particular between Merseytravel and Wirral Council.

I trust that this helps.

Yours sincerely,
David Brown
Chief Executive and Director General

Wirral CCG welcomes this report which clearly demonstrates the significant progress the council has made over the last 18 months. We believe the the correct structures, governance and culture is now in place for us to work collaboratively in the future to deliver integrated services for the population of Wirral.

Dr Phil Jennings
Chair
Wirral CCG

“Congrats! Need to keep up the good work!”
Angela Eagle MP

RELEVANT RESOLUTIONS PASSED AT AUDIT AND RISK MANAGEMENT COMMITTEE 14/11/13 WITH THE SUPPORT OF MEMBERS FROM ALL PARTIES

[Ed – Cllr Simon Mountney voted against which isn’t mentioned here]

Moved by Councillors Pat Glasman/Janette Williamson
RESOLVED:
That this Committee welcomes the report of the Improvement Board, which draws attention to the significant progress Wirral has made in the last 20 months.

It recognises that there are still issues which need to be addressed but believes it is clear that Wirral is now an outward looking Authority – open to constructive criticism and willing to address problems when they occur.

We would recommend the sector-led approach to change and development to other authorities who find themselves in difficulty.

We would like to thank the Improvement Board, all staff and Members who have participated in the change process. It now remains for Members to continue to participate in their own development and not become complacent but ensure that change becomes embedded for the future

Moved by Councillors Steve Foulkes/Pat Glasman
RESOLVED:
That the Committee welcomes the response to critical reports in that it puts the Council’s progress in an accessible and available format.

The issues remain complex and what happened was regrettable. We urge that all outstanding matters should be resolved as quickly as possible and that Members be updated periodically.

RELEVANT RESOLUTIONS PASSED AT CO-ORDINATING COMMITTEE ON 13/11/2013
RESOLVED:
That this Committee welcomes the Report. It clearly states the Authority is moving in the right direction.

This Committee pledges to play its full part in continuing the direction of travel.

All Members will be encouraged to engage in the next steps identified within the report.

We must not be complacent as we still need to improve in many areas identified in the report and embed positive changes.

We thank all members of the Improvement Board for their help.

We thank all employees and Members for their efforts in this journey of improvement.

We would recommend the approach adopted by the Local Government Association, in piloting sector led improvement, and would recommend it to others who find themselves in difficulties.

QUESTIONS OR FEEDBACK SUBMITTED BY THE PUBLIC

J YATES

Dear Sir/Madam

I raise an objection to the timing of the Public meeting arranged for Friday 15th 2013 as notified in the Wirral Globe.
I have not received the statutory notice of at least 5 working days and feel I would not be able to attend at such short notice.
I therefore submit that this meeting be re-arranged to incorporate the legally-required term of notice.

JOHN BRACE

The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England Decision notices) have not been published. If Wirral Council is now “open and transparent” when will the other fourteen appendices be published (except for appendix L)?

A Appendices as Referred to in the Report
B Equality & Human Rights Commission Letter Dated 29 December 2010
C First Improvement Plan
D Care Quality Commission Inspection Report
E Charging Policy for Supported Living Services
F Documents Relating to 27 Balls Road
G Standards for England Decision Notices
H Documents Relating to Reimbursement Claims
I Emails Relating to Supported Living Contracts
J Documents Relating to Service Provider 2
K Documents Relating to Service Provider 3
L Medical Information Relating to Martin Morton (MEDICAL IN CONFIDENCE)
M Documents Relating to Service Provider 4
N Minutes of Adult Protection Strategy Meetings Relating to Service Provider 4
O Documents Relating to the Safeguarding Adults Unit
P Minutes of the DASS Monitoring & Development Sub Group Meeting Held on 11 December 2008
Q Employment Dates for WMBC Employees

On the 14th April 2011 Cabinet resolved that Martin Smith’s report be made public, however all the names (presumably of Wirral Council officers and councillors) contained within the reported were redacted before publication. Is publishing the redacted (rather than full) report complying with the spirit of the earlier Cabinet decision? Will Wirral Council to publish an unredacted version of the Martin Smith report?

Presumably some of the blacked out names in Martin Smith’s report would be the names of councillors. As councillors are accountable to the people of Wirral, how can the people of Wirral hold their elected representatives to account unless the full Martin Smith report is published including the names of councillors in it?

Does the Improvement Board understand that the Wirral public will find it hard to believe that Wirral Council has changed when there are so many unanswered questions surrounding these events due to the lack of transparency and accountability?

The Standards Committee of Monday 4th July 2011 discussed an administrative error that had occurred in dealing with the standards complaint made by Martin Morton made regarding Cllrs Roberts, McLaughlin, Pat Williams and Bridson. He had initially made a complaint about Cllrs Roberts, McLaughlin and Pat Williams, but had replaced this with a more detailed complaint involving Cllrs Roberts, McLaughlin, Pat Williams and Bridson. This second complaint mysteriously vanished from Wirral Council’s files. A public apology was made at the time by the Monitoring Officer to Martin Morton and the councillors who were the subject of the complaint. Did any Wirral councillors have access to the revised complaint prior to its disappearance from Wirral Council’s files if so who were they?

A separate and unrelated complaint about one of the four councillors referred to in question five (ref SfE 2010/02) was decided on the 20th December 2010. However the covering report sent to the panel which decided was incorrectly titled “Report of the Monitoring Officer – Case Reference 2010/03″ . This report to the panel also omitted that the original complaint referred to an alleged breach of 6(a) of the Code of Conduct. As an apology was given for an administrative error to the complainant referred to in question 5, will an apology for this administrative error be given to the complainants of complaint reference SfE 2010/02 and the subject of the complaint?

In the review report it states “it is proposed to strengthen the independent nature of the Audit and Risk Management Committee through the appointment of a majority of external members”. How many independent members of the Audit and Risk Management Committee will be appointed, who will they be appointed by and will the Audit and Risk Management Committee be chaired in future by one of these independent members?

Although Wirral Council is meeting its target of responding to 85% of Freedom of Information Act requests within twenty days during the Information Commissioner Office’s monitoring period, a greater proportion of Freedom of Information Act requests have been turned down. If memory serves me correctly, this has been achieved by dedicating greater human resources to responding to Freedom of Information Act requests. This raises the questions, are these resources temporary and only for the Information Commissioner Office’s monitoring period (and if so how will the current performance be maintained once these resources are withdrawn) and how does refusing a greater proportion of Freedom of Information Act requests tally with the administration’s stated desire to be more “open and transparent”?

The reports into whistleblowing allegations raised about Wirral Council’s BIG (business investment grants) and ISUS (Intensive Startup Support) have both not been published in full despite being received by Wirral Council in the Spring of this year. The Executive Summary to the Grant Thornton report into the BIG scheme was published by Wirral Council on the 15th July (the companies referred to in the Executive Summary were anonymised). If the Executive Summary to the ISUS report follows the same format as the BIG report and has also been anonymised, why has this not been published also?

If the Improvement Board decides that it is safe to withdraw, do they think that the Corporate Governance Committee should be reconstituted to ensure sufficient oversight by councillors of the work identified in the “Next Steps” section?

Are the LGA members of the Improvement Board financially renumerated for their work on the Improvement Board and if so, could amounts (whether exact or approximate) of the total cost to Wirral Council over the lifespan of the Improvement Board?

GREG VOGIATZIS

Dear Improvement Board,
As a member of the public living on Wirral I have reviewed your report in the limited time it has been available and would like to comment and seek response as follows.

Your recommendations include

(a) The need for an Improvement Board in its current form is no longer the best way forward for Wirral.
(b) Instead the Council will need to drive improvement through the future actions suggested in the Next Steps sections of the report.
(c) There should be a review of Wirral’s progress overall at the end of the year end as suggested in para 85, on page 30 of this report

I struggle to grasp why these recommendations are appropriate given the significant number of “next steps” that the report suggests are required.

The review proposed at c) is to take place within a relatively short timescale at which point, given the scope of the report, it would be unlikely to establish genuine progress or provide confidence that strategies and changes have been effectively implemented.

I believe that continued external oversight by the Improvement Board is necessary to ensure that “next steps” and changes are in fact implemented and embedded.

There are a number of areas of concern that lead me to this belief.

At para 71 of the report reference is made to community representatives having been recruited for Constituency Committees which are a key plank of neighbourhood working.

This is untrue – Birkenhead, the largest constituency is yet to recruit community representatives and from my own enquiries do not appear to have a process to do so.

I am advised that the meeting of Birkenhead Constituency Committee arranged for 28 Nov 2013 is intended to address this although no agenda has yet been produced.

This does not inspire confidence that your report is accurate in this area and leaves other areas open to doubt.

At para 99. reference is made that the direction of travel is towards amber. This implies the situation is still RED and undermines your position that external oversight/scrutiny is no longer necessary.

At para 107 reference is made to FOI requests and the 85% target being achieved. This is measured over a very narrow timescale and makes no reference to any challenges to response that may have been received.

Give Wirral’s poor performance in this area surely continued oversight is required to ensure this is consistent and representative of anticipated future performance.

I have concerns that the Neighbourhood working structures are flawed and as these are key to delivery of the “new” ways of working and this calls into doubt the validity and credibility of much of the work the Improvement Board have undertaken.

The (published) Equality Impact Assessment for this does not appear to consider any potential negative impacts for protected groups or consideration of socio economic factors when in fact these clearly exist on the basis of £200,000 being equally split between constituencies regardless of their demographic or socio economic need. There is potential that inequality will be increased in constituencies/areas with more ethnically diverse population or younger/older populations.

Even on a simple budget per head calculation unequal treatment could be perceived as existing.
If my concerns are correct then this is something I would expect the Improvement Board to have noticed and addressed given the weight and emphasis placed on Neighbourhood Working.

NIGEL HOBRO

In your report p53 section 184 you write that you are “the first sector-led improvement approach taken to support a Council facing significant governance issues”. In the potted biographies of Joyce Redfearn it is written:

“She has served on two previous improvement boards for Blaenau Gwent and for Liverpool.”

Question 1.
What happened at Blaenau Gwent and Liverpool. I interpret “sector-led” as being led by a peer group rather like the Police investigating themselves. What was different about Mrs Redfearn’s prior appointments to Boards.

Question 2.
Your report refers to external reports 2010-2012 though by contrast WBC writes a response to critical reports 2010-2013. Given that those reports included two from Grant Thornton in 2013 which showed alarming deficiencies in the award of business start-up grants both in working Neighbourhoods, in BIG and in ISUS, how can you make a statement that the Economy was an “area of excellence” for WBC even under the difficult conditions to which you allude?

This is not a complaint regarding those investigations but a query of on what authority can you print such an assertion faced with knowledge of, certainly published in BIG Abbreviated summary, the deep failures of scrutiny over the process shown by WBC?

JON KING

I have two questions to the Improvement Board:

I would contest that the ‘war’ has been won when so many legacy issues remain outstanding, but to ‘win the peace’ when there has been such a breakdown in trust between the local authority and its residents is it not time for the Local Authority to adopt a corporate charter reflecting the Nolan Principles to embrace the expected standards in public life?

To ‘win the peace’ you have to resolve the grievances and issues resulting from the previous periods of poor performance how can the Council assure the residents that these have been investigated and addressed with the appropriate vigour.

ANONYMOUS (DID NOT WANT TO BE NAMED)

The report states that some council members were less engaged with the improvement training and process than others. Is the public allowed to know which ones these were and can anything be done about the persistence of this negative attitude now that the Improvement Board is planning to reduce its level of involvement?

The ‘What Really Matters’ and other previous questionnaires were hailed as a success and yet there were frequent public complaints regarding the loaded nature of the questions and the lack of information regarding the choices they presented (evidenced by letters to the local press, for example). Were these questionnaires actually designed by a reputable and experienced market research company, and if so, which one?

MARTIN MORTON

The Improvement Board will hear from Martin Morton who has requested time to address the meeting.

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Cllr Steve Foulkes “by and large the message was we got ourselves into a dark place and we needed to get out of it”

Cllr Steve Foulkes “by and large the message was we got ourselves into a dark place and we needed to get out of it” | A report on the Wirral Council/LGA Improvement Board review consultation item discussed by Wirral Council’s Coordinating Committee on the 13th November 2013

Cllr Steve Foulkes “by and large the message was we got ourselves into a dark place and we needed to get out of it”

                            

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The Coordinating Committee meeting was just so councillors could discuss one agenda item, the Wirral Improvement Board review, which is currently out (at least at the time of writing) for a rather short eleven day consultation ending on Friday 15th November.

Part one of the meeting (which you can view above) contained a rather long Powerpoint presentation from the Head of Policy and Performance/Director of Public Health (Fiona Johnstone). As usual though the more interesting comments were made by councillors and the first of those to comment was former Leader of the Council Cllr Steve Foulkes (which starts at 17:33 in the first video clip above).

He said, “Chair, I mean clearly the Council had found itself in difficult times with a number of highly critical reports. I have no intention of going back to the origin of those reports and the issues around them but needless to say it did certainly undermine confidence of the public in the Council to the degree where it felt necessary that we wanted to move and incorporate outside help and I got lots of things wrong in my position as Leader but one of the things we did get right was actually open ourselves up and suggest the sector led approach improving on what we’ve established. So I think we did the right thing at a very difficult time we felt.

We, under any circumstances a report of this nature and its independence so the people who were writing this report aren’t our people, there’s three political mentors who were signed up to the outcome of this report. If we took seriously and we did, the fact that say the Klonowski report, obviously independent was a significant issue then where reports praise us and they are also written independently then rightly we should give the praise equal value against the criticism because the fact is that’s an independent report. This isn’t us saying this about ourselves, these are people who work for us and see the change and you know from Chief Exec down to a number of officers it’s fairly unrecognisable the structure of the Authority from whence we started. So we have been able to make those changes.

I think we have made improvements to a point where we could run, be on our own and they’re saying that, so that’s to be welcomed. The one issue that is in the report that I think you I know slightly mentioned about audit and the audit committee. Certainly I know through working with Jim as Chair and the other Members who are represented on audit, we did make vast improvements to the way the audit committee functioned and its job. However this issue of independence I think alongside the world we’ve got where there are a number of independent views because we are cynical of politicians in general in the Wirral and so I think that the audit committee with an independent majority certainly should have more credibility on an ongoing basis Chair I think that’s true.

The thing is we’re by no means where we would like to be. We’ve also had an ambition to be you know a journey to excellence or whatever type of authority you want to be or an excellent Council and underneath we’re not. I think you said Fiona we’re not there. We don’t expect to be perfect and any large organisation will always make errors and we shouldn’t be castigated for a single error and that’s the way it always is because you know errors will happen in whatever work, walk of life you’re in. Mistakes do happen.

It’s how you react to those mistakes, it’s what you do about them and what the overall point of this is. At the same time making this journey against the most difficult financial background that I think anybody’s ever seen in their lifetime. It’s never been easy on local authorities, but the level of savings we’re being asked to make are of such a magnitude, it can’t be easy to this improvement, trying to do an improvement job at the same time as these other things.

So I welcome in general, I welcome the report. It’s a job half done, but half done we shouldn’t be complacent and we should try to move on. You know we’ve all had to do a little bit of sort of inward reflection. Are we doing our best as individuals, each one of us around the table and the lead officers as well and to agree with members of the public engaging in the debate. We’re doing our bit, we changed something that we do to make this Council better.

Certainly I know numbers of Members have engaged in training, taking those roles on, we’re certainly working hard on scrutiny as Alan over there will testify. I think we do need to take on board a review of scrutiny committees in the new year.

Comments that are in the report and those particularly those around health and social care scrutiny committee that’s had you know quite a number of comments made. We need to do that whether that means we supplement it by members of other committees, we need to be open-minded, imaginative in the way we approach it. So if someone throws a problem at us then we need to work together to deal with that.

There have been various levels of engagement with various Members but I think you know credit to the three party leaders who have sat in a room together on numerous occasions throughout this journey and tried and have generally seem to have been able to work together, it’s a comment made within the report.

So I think all in all if we accept the critical reports of an independent nature and basically say we take them verbatim because to do otherwise would be stupid and people would say you’re trying to hide or you’re trying to alter it. I don’t agree with every single word in the summary but by and large the message was we got ourselves into a dark place and we needed to get out of it.

I think likewise we should recognise that this is you know a journey of improvement that’s been undertaken, it’s been recognised by others outside the Council. We should be thankful for it and thank those who are part of it. As the presentation has gone on I’ve put a number of words together. I’ll see if it finds favour, it’s not particularly controversial but I think we need to accept where we are, never mind the fact that we can always improve and we shouldn’t forget those mistakes from the past and rectify those mistakes from the past as soon as we can, we just need to recognise that.

It’s been a difficult period and this is a good report, a good independent report. We should take it for what it is and use it as an encouragement, a bread and butter role in the process for Members, members of staff, Chief Officers, members of you know for every single employee we should say thanks for being involved in this. We are moving in the right direction. That’s just my take on it, you may disagree.”

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2009 Public Inquiry into Wirral Council’s library closures including Bill Norman’s email and Sue Charteris letter

2009 Public Inquiry into Wirral Council’s library closures including Bill Norman’s email and Sue Charteris letter

2009 Public Inquiry into Wirral Council’s library closures including Bill Norman’s email and Sue Charteris letter

                               

Reading through the Wirral Council’s response to critical reports 2010-2013 there is one report not included because it was published about a month before the cutoff date of 2010, it’s the report written by Sue Charteris following the public inquiry ordered by the Secretary of State into Wirral’s library closure program held at the Floral Pavilion which describes Wirral’s failure in these terms “The Public Inquiry into Wirral Metropolitan Borough Council’s (MBC) Library Service has found the Council’s decision to restructure its Library Service to be in breach of its statutory duties under the Public Libraries and Museums Act 1964, to provide ‘comprehensive and efficient public Library Services for all persons desirous to make use thereof'”

The text of Bill Norman’s email to councillors who received a copy of the draft report, before the final report was published is below along with a link to the letter from Sue Charteris (marked private and confidential).

From: Norman, Bill D.
Sent: 13 October 2009 18:03
To: Councillors
Cc: Chief Officers; Lester, Jim L.; Degg, Emma J.; Lyon, Rosemary A.; MacLaverty, Paula K.; Pennington, Abigail; Watts, Margaret
Subject: Extraordinary Council – 12 October 2009

Dear Councillor

Following last night’s Extraordinary Council meeting, please find attached a copy of the letter dated 27 July 2009 from Sue Charteris to me. The letter enclosed two copies of the draft Report prepared by Ms Charteris following the two day Wirral Libraries Public Inquiry.

The 27 July letter makes it clear that the draft Report was provided to me on the basis of a specific obligation of confidentiality. Because Sue Charteris was appointed by the Secretary of State to conduct the Libraries Inquiry, her requirements as to confidentiality are the requirements of the Secretary of State and are legally enforceable. This has the effect of making the draft Report ‘confidential information’ for the purposes of Part 5A of the Local Government Act 1972.

Confidential information is different to ‘exempt information’. With exempt information, Members may resolve to exclude the press and public from meetings; but it is a matter for their discretion. (In addition, Part 5A of the 1972 Act provides for all Members generally to have an entitlement to receive exempt reports.) Confidential information is different: the Council must comply with the terms upon which the information is provided. Section 100A(2) of the 1972 Act expressly makes clear that nothing in Part 5A authorises or requires the disclosure of confidential information in breach of the obligation of confidentiality.

In line with the terms of the obligation of confidentiality in the 27 July letter, I have only circulated the draft Report to those Members within the Cabinet and those officers from whom I needed comments prior to responding to Sue Charteris. That response by me to Sue Charteris is also covered by the same obligation of confidentiality. The obligation of confidentiality remains in place and no Member or officer should publicly discuss the contents of the draft Report prior to the Secretary of State’s decision being published.

As was pointed out last night, the 27 July letter does not list the names of who may see the draft report. As the recipient of the letter, that judgement fell to me and I accept personal responsibility for my decision in that regard (this was not a matter on which I took any external legal advice). However, I wish to emphasise that my decision was absolutely not intended to be a reflection as to any individual Member’s ability to respect confidences.

I was asked last night to list those persons to whom I have shown a copy of the draft Report. Although I do not believe that there is any legal obligation on me to disclose this information, equally I understand the exceptional level of interest in this matter. I have therefore decided to provide that information.

In order to enable me to respond to Sue Charteris on the contents of her draft report (which was a combination of factual corrections, clarifications and legal arguments) copies of the draft report were provided to the following persons:

Steve Maddox, Chief Executive
Jim Wilkie, Deputy Chief Executive
Alan Stennard, Director of Regeneration
Ian Coleman, Director of Finance
Howard Cooper, Director of Children and Young People
Jim Lester, Head of Cultural Services
Emma Degg, Head of Tourism and Marketing
Rosemary Lyon, Interim Head of Legal and Member Services
Councillor Steve Foulkes, Leader of the Council
Councillor Simon Holbrook, Deputy Leader of the Council
Councillor Phil Davies
Councillor Gill Gardiner
Councillor Bob Moon

Under the Public Libraries (Inquiry Procedure) Rules 1992, the Final report by Sue Charteris will either be published with the Secretary of State’s Decision letter, or will be available on request by any person who appeared at the Inquiry and asked to be notified of the Decision (which I believe will include a number of Councillors who spoke at the Inquiry). Given that the Final report will become public knowledge, in my view there cannot be any ‘public interest’ justification for disclosing the contents of the Report prior to the Secretary of State’s Decision. In the light of this, any Councillor who breaches the obligation of confidentiality would also be likely to be in breach of the Members’ Code of Conduct.

If any Member wishes to have more information of the legal framework for my decision, or on the Public Libraries (Inquiry Procedure) Rules, please let me know.

I have no objection to this email being shared with the press or public. However, the attached letter was written by Sue Charteris and I ask that you seek her permission before disclosing it to anyone else.

Regards

Bill

Bill Norman
Director of Law, HR and Asset Management
Wirral Council

Tel: 0151 691 8497
billnorman@wirral.gov.uk

Visit our website www.wirral.gov.uk
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Wirral Public Library Inquiry_0001.pdf

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Wirral Council’s Planning Committee agrees to outline planning application for four bungalows on the Paddock, Kinloss Road, Greasby (OUT/13/00826) (31st October 2013)

Wirral Council’s Planning Committee agrees to outline planning application for four bungalows on the Paddock, Kinloss Road, Greasby (OUT/13/00826) (31st October 2013)

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The first planning application starts at 5:15 in the first video above.

Wirral Council’s Planning Committee agrees to outline planning application for four bungalows on the Paddock, Kinloss Road, Greasby (OUT/13/00826) (31st October 2013)

                              

This continues from Planning Committee (Wirral Council) 31st October 2013 Minutes, Declarations of Interest and Site Visits.

The first planning application decided (and the one that many people had come along to see a decision made on) was for four bungalows and some amenity open space on the Paddock, Kinloss Road, Greasby.

The Chair, Cllr Bernie Mooney asked an officer to introduce the planning application. He explained what it was for, why the officers had recommended it for approval and the officer’s response to the objections raised (which were mainly highway safety issues). He said that although it had a value as an open space, it was not designated as a green space or open to the public.

The lead petitioner introduced herself as Helen O’Donnell and explained why a hundred and forty-nine people had signed a petition objecting to the planning application. The first area of concern was safe access into and out of the housing estate, the petitioners felt that leaving this land open had been integral to the design of the original RAF estate. The petitioners felt that building here would lead to a loss of sight lines and a reduction in highway safety. Concerns were also raised about what would happen to the laybys which the petitioners felt were needed for a free flow of traffic. Helen O’Donnell also wanted the green rural route protected by the Planning Committee not approving the planning application.

The applicant, who introduced herself as Mrs. Glynn said that she hadn’t seen the photos circulated by Helen O’Donnell. She pointed out that the planning officers had recommended it for approval and that the proposed buildings were single storey and of a low density. She felt that everything had been done to meet the objector’s needs and repeated that it was recommended for approval by the planning department.

Cllr Steve Foulkes said he would like to hear from councillors who had been on the site visit. The Chair said that she had been on the site visit and that she couldn’t see what difference four households would make to access. Cllr Wendy Clements asked where the dwellings would be and asked for a response from the officers about the speed of traffic.

Matthew Rushton referred to an extra condition on the late list and that the greenery on the other side of the roundabout was maintained as public open space. An officer responded on highways safety grounds that there had been no accidents there over the last five years.

Cllr Eddie Boult said that he couldn’t see a problem with traffic on the site visit and that he found the photo circulated by the petitioners misleading as it was of a different area.

Cllr Geoffrey Watt said that he had also been on the site visit. Although he would be sad to see the loss of openness, there were still some green spaces left and he couldn’t think of a good planning reason for rejecting the planning application. He asked if a condition could be added to restrict the buildings to a single storey?

Cllr David Elderton pointed out that the photos weren’t of the site and that the police enforced the speed limit on this stretch of road, he agreed with Cllr Watt that it was nice to see urban green space, but again he couldn’t see any reasons for objecting to it.

Cllr Stuart Kelly agreed with what was said about traffic and pointed out that in the report it stated that it wasn’t designated as urban green space, however in the open space assessment it had been designated as open space (although officers had advised him this was in error). He referred to paragraphs seventy-four and seventy-seven of the National Planning Policy Framework and policy HS4. Cllr Kelly didn’t feel there were grounds to refuse it on highway safety grounds. He referred to a covenant on the land stating it was for grazing purposes.

The Chair thanked Cllr Kelly for his contribution. Cllr Foulkes said that when he had first joined the Council [in 1990], he had been on the Unitary Development Plan Working Party, but nobody had lobbied them then to make this land green space. He recognised that local people believed it was green space, but that the developer had set aside part of the land as an amenity space, he said he would struggle to support refusal if Cllr Kelly moved it. He felt that the extra car movements from four bungalows was insignificant and that he welcomed the comments from people who’d been on the site visit and pointed out that the photo was of somewhere else.

Matthew Davies said that it was designated in the Unitary Development Plan as a primary residential area. He referred to the criteria for a green space designation under the National Planning Policy Framework and said it couldn’t be described as beautiful and that it didn’t have historic or recreational value. If the planning application was refused on these grounds he thought that they would struggle to defend the decision at appeal.

Cllr Wendy Clements said she had looked at the map online and it was designated as urban green space.

Matthew Davies said that they had had a piece of work undertaken as part of the core strategy as to where the open spaces were. The consultant had picked this site, whereas Wirral Council had meant the consultant instead to include the site maintained by the parks and recreation department on the other side of the roundabout.

Cllr Watt asked again about a condition limiting the bungalows to a single storey. Matthew Davies replied that there could be a condition added restricted it to a single storey.

Cllr Denise Realey proposed approval (with the extra condition), Cllr Irene Williams seconded this. Eight councillors voted in favour. Three (Cllr Stuart Kelly, Cllr Geoffrey Watt and Cllr Paul Hayes) voted against. One councillor abstained, so the application was approved.

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Incredible: Cllr Foulkes “we seem to have some whistleblowers who are courted, almost feted”

A report on Wirral Council’s Audit and Risk Management Committee Incredible: Cllr Foulkes “we seem to have some whistleblowers who are courted, almost feted”

Incredible: Cllr Foulkes “we seem to have some whistleblowers who are courted, almost feted”

                                                       
The above quote is from Cllr Foulkes at Wednesday’s Audit and Risk Management Committee in a long comment on Wirral Council and whistleblowing which starts here.

His extremely honest comments call for a further report on the BIG & ISUS business grants program, partly because the Council’s auditors won’t sign off on Wirral Council’s accounts until it’s resolved. Surely after spending an estimated £50,000 on reports by Grant Thornton’s forensic department an officer at Wirral Council must have some answers for Cllr Foulkes? He accuses whistleblowers of raising issues that "drag the Council back into the past" and hopes (rather optimistically) that all the outstanding whistleblowing issues will be resolved "simultaneously".

He then went on to say that some whistleblowers were "courted almost feted" whereas others were forgotten, such as the group over the Highways and Engineering Service Procurement Exercise contract. The whistleblowing over the Highways and Engineering Service Procurement Exercise contract hasn’t been forgotten. In that case the name of one of the whistleblowers, who wanted to remain anonymous was published on Wirral Council’s website. The matters raised by that group were written about at length by the independent person, Richard Penn (whose report was published) and although not everyone agrees with Penn’s opinion and interpretation of events, in most people’s minds the matters regarding the senior officer suspensions has been resolved. Colas’s contract ends next year and will be put out to tender with Colas stating that they won’t bid for it.

Cllr Foulkes also believes that "whoever blows the whistle or complains should be taken seriously and dealt with as efficiently and quick but in all senses fairly". He also said he finds the whistleblowing issue "quite worrying". Would whistleblowers be offered and be paid large amounts of money if they had been treated fairly? He also said that they "have to be fair to those in the firing line of a complaint". The whistleblowing concerns of late haven’t been because of one anonymous and unknown Inspector Clouseau type employee that sadly Wirral Council can’t sack, but have been brought about by systemic failings in Wirral Council’s corporate governance systems and its culture. These two areas are the responsibility of many different individuals including its politicians. Cllr Foulkes said that "words I’ve said tonight may be misconstrued".

He said that many councillors found themselves being contacted by people with complaints, complaints that he found the resolution of "almost impossible". He said he "did not believe whistleblowers should ever be used in a political fashion" and that councillors "don’t seem to have an up to date picture" as to how whistleblowers concerns were being resolved.

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