Tag: closure

Will Wirral Council's Cabinet decide to close Lyndale School on the 31st August 2016?

Will Wirral Council’s Cabinet decide to close Lyndale School on the 31st August 2016?

Will Wirral Council’s Cabinet decide to close Lyndale School on the 31st August 2016?

                                                                

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

One of the things I’ve mulled over the past few days are the papers published for the special Cabinet meeting on Thursday 17th December. Due to the volume of paperwork to do with this item, this small piece can’t do justice to the matter so I suggest you read the paperwork for that agenda item on Wirral Council’s website in full.

Sadly for Tranmere Rover’s fans (issues to do with the training ground are agenda item 4) it is agenda item 3 (Report Detailing the Outcome of the Representation Period about the Proposed Closure of The Lyndale School) and its six appendices that is the subject of this piece.

The whole matter is also connected to this Freedom of Information Act request I made on the 20th November 2014 for the consultation responses (refused yesterday on s.21 grounds as redacted consultation responses (99 A4 pages of them) were published as part of the Cabinet papers here).

I will probably request an internal review of the Freedom of Information Act request later today as Wirral Council (due to the redactions) have not supplied me with the consultation responses as much information is missing and they haven’t given a reason under the Freedom of Information Act legislation as to why.

I also have put in a request for a question to Cllr Tony Smith at next Monday’s Council meeting (to which I’ll get a supplementary question), the question (that I emailed in on the 4th December 2014) is this:

This is my question for the Council meeting on the 15th December 2014 to Cllr Tony Smith (Cabinet Member for Children and Family Services).

——————————————————————————————————-
Wirral Council recently had a four-week consultation on the closure of the Lyndale School in Eastham and there will be a special Cabinet meeting later this month on the 17th December 2014.

Can you please answer:

(a) how many responses were received by Wirral Council to the latest four-week consultation on closure of the Lyndale School,
(b) whether the text of the responses to the latest four-week consultation will be published in full (rather than a summary in a Cabinet report) and if so when,
(c) whether all Cabinet Members making a decision on the 17th December 2014 will in advance of making a decision at the meeting of the 17th December 2014 have read all the written consultation responses to the four-week consultation on closure prior to making their decision on the 17th December 2014

and

(d) whether all Cabinet Members making a decision on the 17th December 2014 will in advance of making a decision at the meeting of the 17th December 2014 have read the statutory guidance for decision makers on this matter issued earlier this year by the government which is available online?

——————————————————————————————————-

Obviously parts (a) and (b) have been answered by the Cabinet papers being published. Hopefully in answer to (c) he will give the answer that he and the other Cabinet Members will find the time between now and the Cabinet meeting on Thursday evening to read the 99 pages of consultation responses and in answer to (d) the 76 pages of statutory guidance.

The current recommendation from officers is that the school is not closed on the 31st December 2015, but is closed on the 31st August 2016 instead.

There are many matters I could write here about the decision to be made, however I will make these points. If I remember correctly Wirral Council’s constitution in Article 13 (principles of decision-making) specifically Article 13.2 states that when reaching decisions councillors (bear in mind Council here also means decisions made by Wirral Council’s Cabinet) that:

“All decisions of the Council will be made in accordance with the following principles:

(a) proportionality (i.e. the action must be proportionate to the desired outcome);
(b) due consultation and the consideration of professional advice from officers;
(c) respect for human rights;
(d) a presumption in favour of openness;
(e) clarity of aims and desired outcomes; and
(f) Wednesbury reasonableness (i.e. the decision must not be so unreasonable that no reasonable Council could have reached it, having taken into account all relevant considerations, and having ignored irrelevant considerations). ”

Some interesting points I wish to make here, only the professional advice from officers needs to be considered. If officers are for example giving amateurish (not professional) advice or have flat out got things wrong it doesn’t need to be factored into the decision.

The consultation responses have been redacted heavily but the advice of officers hasn’t.

What are the clear aims of closing down the Lyndale School (on whatever date)?

Bearing in mind they have a legal duty, that is they must pay regard to the statutory guidance at all stages of the decision-making process on closing the school (for example at the earlier Cabinet meetings, the Council meeting, the Coordinating Committee meetings) as the statutory guidance (published in January 2014 and presumably there was earlier guidance before this) hasn’t been included on the agenda until now can that actually be proved for the earlier decisions that led to this?

Have all the human rights considerations been properly considered? There are matters beyond what I’ve written here that I may bring up in my supplementary question on Monday evening.

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

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

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

                                                       

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

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

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

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

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

I object to the closure of The Lyndale School.

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

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

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

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

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

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

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

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

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

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

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

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

Cllr Phil Gilchrist 18th Nov 2014

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

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

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

                                                       

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

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

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

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

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

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

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

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

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

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

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

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

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

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 came into force earlier this month, we’ll rely on this too and the new section 30A on parody.

If you are reading this from the UKIP party and are planning to leave a comment questioning the immigration status of Marvin the Martian or disagreeing that he should have any say whatsoever about British politics, we humbly point out that although is not British, he is a fictional character and figments to people’s imagination do not have to have permission to come here.

MARVIN THE MARTIAN: The Martian High Command have asked me to survey the Wirral to try to understand its people and politics and write a report back but I find it all very confusing.

JOHN BRACE: Good luck with that! Even I don’t fully understand the Wirral people and its politics.

MARVIN THE MARTIAN: Well we have a few areas we are unsure of. Let’s start with Greasby.

JOHN BRACE: Yes, Greasby, I know where that is.

MARVIN THE MARTIAN: Well, we are very confused. We hear reports on your media of a consultation meeting in Greasby about fire stations, but people turned up but weren’t allowed to go to it? What sort of consultation on closure is that?

JOHN BRACE: I wasn’t there, I was covering a public meeting of Wirral Council at the time. Had I turned up I wouldn’t have been allowed in either as the place has to be able to be safely evacuated in case of a fire so has a set capacity. There is however a little irony there as it’s the Merseyside Fire and Rescue Service who are doing the consultation. However the Merseyside Fire and Rescue Service have informed the Merseyside Fire and Rescue Authority before that not many people at all turn up to their other fire station closure consultation meetings. So maybe they’re not used to large numbers of people turning up to public meetings?

MARVIN THE MARTIAN: Well don’t Wirral Council own the land in Greasby that has the library, the Children’s Centre and other well-loved buildings on? Haven’t they offered (subject to the outcome of the consultation, a further decision and planning permission) a lease?

JOHN BRACE: Yes it does and that’s the Chief Fire Officer’s currently preferred site for the new fire station if Upton & West Kirby close. Yes, they have offered them a lease (subject to the outcome of the consultation, a further decision and planning permission).

MARVIN THE MARTIAN: So why do the people of Greasby have a problem with their library closing?

JOHN BRACE: It’s historical, see your historical files on Earth. The Labour government minister at the time requested a public inquiry into library closures in 2009 so Labour councillors and the Lib Dems councillors were forced into a U-turn. Wirral people seem to still remember that and libraries for a number of years after libraries became a sacred cow of Wirral politics. However Cllr Foulkes said in the recent past that libraries shouldn’t be spared from the cuts and scrutiny.

MARVIN THE MARTIAN: And what else is happening on libraries and children centres?

JOHN BRACE: Well on libraries there’s a proposal to reduce opening hours at certain libraries. The decision to consult on the closure of children’s centres has been “called in”, the committee met to consider the “call in” then got adjourned. The committee is planning to meet again on the 12th November 2014 at 6.00pm. However its Labour Chair Cllr Moira McLaughlin was cheered up by some news.

MARVIN THE MARTIAN: What news would that be, a U-turn on closing the children’s centres?

JOHN BRACE: No, the news that Cllr Chris Blakeley (Conservative spokesperson) has left the call in committee and been replaced by a different Conservative councillor.

MARVIN THE MARTIAN: Why would she be pleased?

JOHN BRACE: They have a history of, well how do I put it as diplomatically as possible without taking sides, arguing passionately with each other in public?

MARVIN THE MARTIAN: So let me get this straight, they had a public inquiry into Wirral’s library closures which had been driven through by the then Leader of the Council Cllr Steve Foulkes at the Floral Pavilion chaired by Sue Charteris?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Then a few years later Wirral Council made Cllr Foulkes Mayor in exactly the same room Mayor, also at the Floral Pavilion?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Wow. This Cllr Foulkes guy sounds interesting. However back to Greasby. Which political party has the three local councillors in Greasby, Frankby and Irby?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And the MP in Wirral West?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And political control of the Merseyside Fire and Rescue Authority is in which party’s hands?

JOHN BRACE: Labour.

MARVIN THE MARTIAN: Ha, ha, ha. So Labour want to close a few fire stations in Wirral West to cause trouble?

JOHN BRACE: Labour will say they blame the Conservative/Lib Dem government or alternatively they’ll let the unions say roughly the same thing. However the unions have already gone on strike.

MARVIN THE MARTIAN: I thought politicians weren’t allowed to be “party political”, however isn’t Esther McVey some type of government minister too?

JOHN BRACE: Yes. She’s currently the Minister for Employment so you can imagine how the public sector unions such as the Fire Brigades Union and other unions feel about that.

MARVIN THE MARTIAN: Isn’t she facing a General Election in about six months time in what is a marginal seat?

JOHN BRACE: Yes, the unions/Labour Party are already trying their best to replace her with the Labour candidate. See fracking and other issues.

MARVIN THE MARTIAN: That’s enough about Greasby, libraries, children’s centres and Esther McVey though, what’s happening in Birkenhead?

JOHN BRACE: The Rt Hon Frank Field MP is telling people that antisocial behaviour is a bad idea.

MARVIN THE MARTIAN: Really, is he referring to Cllr Phil Davies and his plan (currently out to consultation again) to close Lyndale School?

JOHN BRACE: Don’t be silly! He’s doesn’t mean it like that! He doesn’t mean his own Labour Party! By the language used in press articles he’s referring to young people.

MARVIN THE MARTIAN: Ahh so the Rt Hon Frank Field MP isn’t picking on the disabled but he’s picking on young people, why do politicians always scapegoat young people? Isn’t Alison McGovern MP, MP for Wirral South in fact younger than you are?

JOHN BRACE: Now you’re making me feel old! Yes she is. Politicians scapegoat young people to play to their base. Politicians of all parties do it. Political parties have a history of having major political disagreements with their own party’s youth wing. See Lib Dems and tuition fees as a recent example of that. However the youth wing of political parties also represents the future of that party, so annoying them can be very short-term thinking.

MARVIN THE MARTIAN: And Alison McGovern is the MP where Lyndale School is?

JOHN BRACE: Yes. She’s MP for Wirral South, another marginal seat.

MARVIN THE MARTIAN: And as a Labour MP, if the Labour Cabinet decide to close Lyndale School before the election in May 2015 does that harm her chances of reelection next May?

JOHN BRACE: It would make it look (to some voters) if that happened like she had little influence over her own political party’s decision-making process (which isn’t entirely true but that would probably be how it would be spun in the press by her opponents).

MARVIN THE MARTIAN: Ahh, but I thought officially the Labour Cabinet on Wirral Council had an “open mind” on the subject of closing Lyndale School?

JOHN BRACE: Please don’t get me started on that topic. There is a second consultation on it now, but I doubt Wirral Council would accept consultation responses from fictional characters.

MARVIN THE MARTIAN: So to sum up, there’s an election coming where everyone that can vote will get two votes, one for councillor, one for MP?

JOHN BRACE: Yes, “vote early and vote often (but no more than twice)” I could write if I was being slightly flippant!

MARVIN THE MARTIAN: And in the lead up to elections you get election promises, vote for me and I’ll do this (or my party will do this)?

JOHN BRACE: Yes, even promises they know they can’t possibly keep after the election.

MARVIN THE MARTIAN: Are you implying party political candidates would deliberately lie about themselves and their own political party?

JOHN BRACE: I’d probably get sued or face an injunction if I answered that honestly! However you can’t libel a political party or a local council. Elections at their heart are a popularity contest and a battle for hearts and minds, so political parties will tell people what they think they want to hear.

MARVIN THE MARTIAN: Oh dear. So after the election a lot of people will be disappointed?

JOHN BRACE: They always are, before, during and after. Some of them have even given up on voting or being engaged in the political process.

MARVIN THE MARTIAN: That’s sad really. Well I’ll put all this in my report to the Martian High Command. Thanks for the interview!

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