Tag: consultation

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).

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

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

                                             

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

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.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

A Martian tries to understand the incredible Lyndale School situation (episode 2)

A Martian tries to understand the incredible Lyndale School situation (episode 2)

A Martian tries to understand the incredible Lyndale School situation (episode 2)

                                                  

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. When the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 come into force in October, we’ll probably rely on them too and the new section 30A on parody.

Continues from A Martian tries to understand the incredible Lyndale School situation (episode 2).

JOHN BRACE: Thanks for agreeing to talk about Lyndale School (again).

MARVIN THE MARTIAN: You’re welcome, but I must admit we’re even more confused today.

JOHN BRACE: Why’s that?

MARVIN THE MARTIAN: Well we just listened from our spaceship to the BBC Radio Merseyside broadcast.

JOHN BRACE: Ahh, I see.

MARVIN THE MARTIAN: The way Lyndale was described it’s a hospital, not a school.

JOHN BRACE: I see why you’re confused. It’s both in a way.

MARVIN THE MARTIAN: Well thanks for clearing that point up. So now we can say the red politicians want to close a hospital?

JOHN BRACE: No the red politicians will say they invented free hospitals, that hospitals are very dear to their heart and that they don’t want to privatise them as it doesn’t fit with their socialist ideals. They’ll tell you that hospitals aren’t safe in the hands of the blues or the yellows (or any other colour than red).

MARVIN THE MARTIAN: But the blues, yellows and greens want to keep this “hospital” open! The reds keep voting at every stage to close it!

JOHN BRACE: The reds will say they just voted for “consultation”, won’t call it a hospital and if pressed, they’ll just blame it on the blues and the yellows.

MARVIN THE MARTIAN: Right there’s another point I want clearing up now too. The bureaucrats who work for the reds, say that the blues and yellows are giving the reds an extra £260,029 this year for special educational needs.

JOHN BRACE: Yes.

MARVIN THE MARTIAN: But the blues and the yellows say that it’s not £260,029, but £364,135 and that the reds were told in January that they can spend this SEN Reform Revenue Grant to “choose how to spend the money in order to best meet local need” and that its purposes is (according to the blues/yellows) to “improve outcomes for children and young people with SEN; increase choice and control for parents; and promote a less adversarial system.”?

JOHN BRACE: The reds would prefer you didn’t mention that.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Well their whole argument is blaming the blues and yellows for giving them less money, not more. It’s an “inconvenient truth”.

MARVIN THE MARTIAN: And in politics you don’t talk about the inconvenient truths?

JOHN BRACE: Yes, it’s not diplomatic or tactful to do so. If you try that with a red politician they’ll call you “political”.

MARVIN THE MARTIAN: And why is that a bad thing?

JOHN BRACE: Because like unravelling a ball of string, once you start plucking away at one bit the whole thing starts falling apart.

MARVIN THE MARTIAN: So the reds believe if they repeat enough that the blues and yellows are giving them less money that people like BBC Radio Merseyside will repeat it?

JOHN BRACE: Yes, they’ve been on a media training course you see.

MARVIN THE MARTIAN: Oh, in how to deal with people like you?

JOHN BRACE: Partly, but anyway your arguments about money are pointless.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Because Wirral Council has been given the money referred to above (at least the first two instalments), but they don’t officially have it.

MARVIN THE MARTIAN: What kind of double talk is that?

JOHN BRACE: It’s not part of the budget that Labour agreed back in the Spring of 2014.

MARVIN THE MARTIAN: Was that deliberate?

JOHN BRACE: You mean they’d deliberately try to close the school, then suddenly magically find money they knew they had all along but tried to keep quiet and then use that to keep it open to make themselves look wonderful?

MARVIN THE MARTIAN: No, did they deliberately set a budget knowing they had this extra money?

JOHN BRACE: I don’t know, you’d better ask them.

MARVIN THE MARTIAN: Going back to the radio show, they said it should be about the children.

JOHN BRACE: Yes it should.

MARVIN THE MARTIAN: So why do they keep getting talked out of the discussion?

JOHN BRACE: Because politicians would rather score political points.

MARVIN THE MARTIAN: I listened to the parents, they referred to a “David versus Goliath” battle.

JOHN BRACE: It always is with Wirral Council, see the battles I had with them over filming meetings (until central government stepped in).

MARVIN THE MARTIAN: So they were worried you’d film them “scoring political points”?

JOHN BRACE: No.

MARVIN THE MARTIAN: Oh so they were worried you’d film them trying to close a school?

JOHN BRACE: No.

MARVIN THE MARTIAN: So what were the reasons then?

JOHN BRACE: Health and safety.

MARVIN THE MARTIAN: Well that’s ironic in a way isn’t it? They’re bothered about the health and safety implications of you filming meetings but not the health and safety of the Lyndale children?

JOHN BRACE: You might put it that way, I couldn’t possibly comment.

MARVIN THE MARTIAN: Well, the parents seem to think it’ll affect their children’s health if the school is closed.

JOHN BRACE: A lot of people think it would.

MARVIN THE MARTIAN: And if the school closes all the staff are out of a job too.

JOHN BRACE: Yes, but the reds are the “party of the workers”.

MARVIN THE MARTIAN: What does that mean?

JOHN BRACE: It means they side with the unions and the workers.

MARVIN THE MARTIAN: Ahh, so the unions want to close Lyndale?

JOHN BRACE: No, the unions are against closure. See UNISON’s response starting on page 37 which states the consultation was “misleading” and compared to Children’s Centres that there is no “equality or fairness” for Lyndale staff. NUT (National Union of Teachers) also states the consultation was “misleading” and that if Lyndale was closed “some of our most vulnerable pupils will be left without access to a local school.”

MARVIN THE MARTIAN: This whole politics thing is starting not to make any sense!

JOHN BRACE: Now you know how people feel about the whole thing.

MARVIN THE MARTIAN: So to recap, the blues and yellows gave the reds more money for this sort of thing that the reds won’t spend (yet). The reds say the blues and yellows are giving them less money.

The blues, yellows, reds and greens all say they’re on the side of the people and the reds say they’re the party of the unions. The unions seem to be on the same side as the blues, yellows and greens?

JOHN BRACE: No because a lot of those involved with the unions to put it mildly dislike the blues.

MARVIN THE MARTIAN: Your whole political system makes no sense whatsoever!!!

JOHN BRACE: That’s “democracy” for you.

MARVIN THE MARTIAN: Don’t people get frustrated having to live under such a system?

JOHN BRACE: Yes which is why they get a vote.

MARVIN THE MARTIAN: And what does a vote do?

JOHN BRACE: It allows people to pick the politicians out of the reds, blues, greens, yellows, purples et cetera.

MARVIN THE MARTIAN: So if your political system is as it is it’s the public who are to blame?

JOHN BRACE: Well no, our system ignores a majority of their votes. Let’s give an example. This year in Pensby and Thingwall 4,086 people voted.

MARVIN THE MARTIAN: OK.

JOHN BRACE: Roughly one in three of those voted for the red party, the rest (two in three) voted for someone else.

MARVIN THE MARTIAN: So someone else won?

JOHN BRACE: No the red party won, although most people voted for someone else.

MARVIN THE MARTIAN: So you’re saying the red party is now in charge making the decisions, even though most people who voted in Pensby & Thingwall didn’t want them in charge?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: So your voting system means you ignore the wishes of most people and then just pick someone that most people don’t want?

JOHN BRACE: Sometimes.

MARVIN THE MARTIAN: Well doesn’t that mean whoever is in charge is unpopular?

JOHN BRACE: Well that’s the weird thing about our political system, since the red party have been in charge, they’ve become slightly more popular with the public.

MARVIN THE MARTIAN: Well according to what you just told me they weren’t very popular to start with!

JOHN BRACE: Indeed, but if you look at that election I just mentioned it was between a red and a former red that had switched to the blues. The reds really really did not want their former colleague to win.

MARVIN THE MARTIAN: So the public were asked to vote to choose between a red and a former red who is now a blue!

JOHN BRACE: Yes.

MARVIN THE MARTIAN: So let’s get this straight, the reds are in charge not because they’re terribly popular but because of your voting system.

JOHN BRACE: Yes.

MARVIN THE MARTIAN: And most people don’t vote or when they do vote often their vote doesn’t count (which is why they often choose not to vote)?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: And that’s called democracy?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: But the children of Lyndale are not allowed to vote?

JOHN BRACE: No.

MARVIN THE MARTIAN: Why not?

JOHN BRACE: I don’t make the rules here.

MARVIN THE MARTIAN: So Lyndale School can be closed by a bunch of red politicians that most people never voted for and in some places a majority don’t want, that claim to be the party of the unions (who are against the idea), claim to the party of the people (who are also against the idea) and the ones who will be affected (the children) don’t even get a say in whether the politicians are red, blue, yellow, green (or something else) this year?

JOHN BRACE: You left out the bit about the reds blaming it all on the blues and the yellows.

MARVIN THE MARTIAN: Oh yes, the red politicians say they don’t have any money because of the blues and the yellows, but the blues and the yellows say well that’s the reds’ fault but they’ve given the reds more money anyway?

JOHN BRACE: As usual it is more complicated than that.

MARVIN THE MARTIAN: And you call that “democracy”, sounds like disorganised chaos!

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

In Ankh-Morpork, Lord Devices discusses the future of Lyndale, leaks, consultation and golf with his minions

In Ankh-Morpork, Lord Devices discusses the future of Lyndale, leaks, consultation and golf with his minions

In Ankh-Morpork, Lord Devices discusses the future of Lyndale, leaks, consultation and golf with a minion

                                               

Charles Dance as Lord Vetinari in Terry Pratchett's Going Postal
Charles Dance as Lord Vetinari in Terry Pratchett’s Going Postal

The following is a work of satire.

Deep in the heart of Ankh-Morpok, Lord Devices (who had become Lord a few months after the removal of Lord Fooks a few years before) was meeting with his employees.

“I’m afraid I have bad news your Lordship, the Guild of Lyndale Workers is not happy with your plans to put them out of work and there is outright rebellion among the people against you.”

Lord Devices frowned. He wasn’t used to his employees openly challenging him like this, but had been warned by his advisers in the past to be nice as it was exceedingly expensive not to, even though there were some days they would try the patience of a saint. His short reply was “but we consulted them first didn’t we?”

The minion, looking rather worried that his name would be added to the list of five hundred employees that were getting the chop thought very carefully about how to reply to such a question. “Yes we did, it was a marvellous consultation! We asked people’s opinions far and wide and received nearly a hundred replies.”

Lord Devices looked puzzled, “and we told them all we would be reading the consultation responses too before reaching a decision?”

The minion replied, “Oh yes, we did, albeit after someone gave them the impression we’d made our minds up already.”

Lord Devices frowned, “I thought it was up to me to decide!” starting to look decidedly cross and rather grumpy.

After first retreating a suitable distance the minion said, “Well, unfortunately a rather junior minion gave the public the impression you would just be rubber stamping our previous recommendations to close the school as per your previous decisions in this matter.”

Lord Devices’ voice got louder, “What? Who dared to do this? Who dared to challenge my authority to decide things?”

Careful consideration of what to say next prompted the following response, “Well as you know your Lord, nobody is ever personally accountable here and no names are ever given to the public, but if you wish we will investigate whether we should take disciplinary proceedings against this very junior employee. If anyone asks, we then have a convenient scapegoat.”

There was a pregnant pause followed by “None of your loyal minions would ever do such a thing.” said with a smile as the last sentence was said in an obvious attempt to curry favour in a decidedly difficult situation.

Lord Devices said, “Very well and is there anything else about this Lyndale matter I should know about?”

Thinking on his feet, the minion said, “Well as per ‘instructions’ we argued that the over ten thousand signatures on the petition didn’t comply with our policies and therefore that only a few hundred should be accepted. This led to us being referred to as ‘childish’ in the press by one of the parents.”

Lord Devices said, “Don’t worry about that, only half the city receives that newspaper and many of the people that do, can’t read thanks to our excellent education system. Is there anything else?”

The minion said, “Well, there have been leaks…”

Lord Devices starting to look furious replied, “Leaks! Who’s been leaking stuff?!” as his blood pressure rose to unsafe levels “Really, I thought we’d clamped down on leaks!!! Didn’t we threaten that blogger recently for printing leaks?”

The minion replied, “Well yes we did, but sadly we can’t keep a lid on the whole golf thing now.

The blogger in question seems to know some aspects of the law better than we do. He even took one of those Lib Dems politicians to court and won.”

Lord Devices started beaming at the mention of one of his enemies having to answer to a judge in a courtroom and losing, “You still haven’t mentioned what was leaked. What was it?”

Realising he shouldn’t lie or prevaricate the answer was, “Well there were hundreds and hundreds of documents. In fact so much our press department would go into meltdown and start asking for time off if the public started knowing about them all. One of them relating to Lyndale was that we were paying another school far more per a child than Lyndale which we deliberately failed to mention in our report to you. It’s a school that isn’t earmarked for closure, but is a special school. It makes our arguments about Lyndale being too expensive look a little hollow now.

The blogger also has a year’s worth of legal invoices containing many, many secrets we’d prefer to keep hidden and some very embarrassing invoices relating to an IT contractor.”

Lord Devices frowned and his voice grew a little louder, “and why did nobody try to stop him?”

The minion replied, “We did, we redacted and redacted and redacted! In fact we even we did it so much we had to order more black marker pens (our supplier is now offering us a bulk discount)! The trouble is he’s clever and figures out what has been blacked out. We assume he must be getting some sort of outside help but so far our spies have yet to report back on this.”

Lord Devices said, “So what you’re saying is if the public knew about these things, if the public knew how much we were spending on things we wish to keep a lid on, it would be harder to justify shutting Lyndale?”

The answer given was “Yes, but there is another matter too.”

Lord Devices said, “I hope this is good news.”

The minion said, “Well, we tried to distract the blogger with a report about Fernbank Farm.”

Lord Devices said, “Did this cunning ploy work?”

The reply was “Well he did start writing about Fernbank Farm instead but he’s branched out into satire and wrote about it as a Wild West tale and now people are laughing at us.”

Lord Devices was not amused. “So what you’re basically saying is this. The press have received a large amount of highly sensitive and embarrassing information (including the consultation responses).

Not only are people starting to laugh at us, but employees have started to act like politicians in outright insubordination at my elected authority!

You do realise that now I’m going to get the blame for what’s gone on now? There’s no way my merry band of politicians are going to agree to take the blame for all of this!! It isn’t our fault our instructions were carried out incompetently! We have to face the public in elections next year, you don’t! The Greens won in my ward this year, even my seat isn’t safe any more!”

The minion replied, “Well as usual we have a plan B which we’ve already started on. For the sake of our careers, we’re leaving this now up to you. Politicians come and go, but officers don’t.”

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

The text of the emotional handwritten responses to the Lyndale School Closure Consultation

The text of the emotional handwritten responses to the Lyndale School Closure Consultation

The text of the emotional handwritten responses to the Lyndale School Closure Consultation

                                      

Phil Ward (Wirral Council's SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014 (who chaired the consultation meeting at Acre Lane on the 16th June)

Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014 (who chaired the consultation meeting at Acre Lane on the 16th June and is referred to in some of the responses)

Further to the publication of the ninety responses to the Lyndale School closure consultation on this blog this morning, below is the typed text of the handwritten responses and one text response that is very hard to read because of poor contrast with the background.

The first is from pages 9-10 of the file marked Lyndale parents.

     Lyndale is a vital service to children with the most difficult lives.

     They can’t cope with moving schools, because for the most part their health is very fragile.

     I want to see a 2-19 facility at Lyndale School so that the children there can continue to receive the care they so desperately need. No other school on Wirral can provide this.

     See ‘Parents Response to the Lyndale Consultation Document’ for a further explanation of my views.

Name, address, telephone number and e-mail address is all blacked out apart from Wirral in the address field.

From Page 17 of the Lyndale parents file:

PLEASE SEE OUR SEPARATE SHEET ENCLOSED WITH OUR FEEDBACK COMMENTS. THANK YOU.

===========================================

These are from the file marked Lyndale others starting at page 3.

member of the friends of Lyndale School association

Having helped with fund raising and attended events at the Lyndale School I have always been impressed by the ‘can do’ attitude of the staff and the calm and the happy atmosphere of the school.

Because of the very special and complex needs of these children I do not believe and neither do their parents that these needs can be met at the other special schools on the Wirral. I feel that the welfare or even the lives of these children may be endangered.

I would ask the Council not to sacrifice these very special children for ???? ???? of financial criteria or rationalisation process that is not in their best interests.

Surely the mark of a civilised society is the way that they care for its most vulnerable members

Contact details blacked out apart from Wirral.

From page 27:

I write this as a grandparent to my 3 year old granddaughter who has PMLD. I have witnessed the amazing progress she has made since she began attending Lyndale School. She has clearly benefitted from the range of professional skills of the staff team based there.
It seems cruel to uproot her from the school to another of two schools which appear to be oversubscribed. It is also devastating for the parents of Lyndale School, whose lives are tough enough dealing with their childrens complex needs, to have to endure the uncertainty facing their childrens schooling.
Keep Lyndale School open to maintain a geographical spread and encourage more parents to send their children there, to benefit from all the outstanding resources on offer

Contact details blacked out apart from MERSEYSIDE in address field.

======================================
From Stanley others file (page 3)

Having read the consultation document, if both Elleray Park and Stanley have the capacity to offer an additional 40+ places, then ideally, the children from Lyndale should be offered these places.

This will only be an issue if the numbers of children requiring specialist provision increases within the borough.

(Other staff section from page 7 onwards)

Member of staff ticked “THE OBSERVATORY SCHOOL” written in Other.

Whilst I understand all the reasons for the closure of Lyndale School, I would hope the opinions and feelings of the parents and carers of the pupils attending the school are listened to sensitively and with genuine regard for them.

Personally, I have real affection for the Lyndale School but also acknowledge the amazing provision offered by Stanley and Elleray Park schools.

I would love to see all three schools continuing to provide for CLD/PMLD children but understand Elleray Park and Stanley School can provide for Wirral’s children and also understand the financial implications and issues. I am confident that the correct decision will be made and know that this consultation will be well supported. I wish Wirral Cabinet well in their decision-making process.

Name is blacked out. Address: THE OBSERVATORY SCHOOL, BIDSTON VILLAGE ROAD, BIDSTON, WIRRAL Postcode: CH43 7QT. Telephone and e-mail address blacked out.

Page 9 onwards

Other: HEADTEACHER BHSC

1. Logically keeping a small school open in an area where alternative provision is available of equal quality of provision is not a feasible option. I base this judgement on financial basis, community flexibility, breadth of staff experience, staff workload.

I agree that Lyndale should close and students reallocated.

2. I agree that any financial savings must be redirected into receiving schools to ensure no detriment to student provision.

3. Other options proposed:-

– Restricting places at Elleray + Stanley would lead to possible under occupancy and therefore no financial security

– 2-19 is an interesting option worth a feasibility study.
– Federation can lead to leadership issue and lack of focus for all schools in the federation including competing agendas – not feasible
– colocation is possible but why? when alt schools can accommodate demand
– Academy or free school does not alter the facts at present re student numbers or finance. If Lyndale improved to to this change there are only so many students to go around + the issues are only deflected into alt schools
– Additional places at Elleray + Stanley + closure of Lyndale is the most sensible option financially and educationally

Name blacked out Address: Bebington High Sports College Wirral Postcode CH63 2PS Telephone and e-mail address blacked out.

====================================
From the Others file starting at page 57:

I HAVE LISTENED TO THE DISCUSSIONS FOR AND AGAINST THE CLOSURE OF THE LYNDALE SCHOOL. TO PUT TO ONE SIDE THE EMOTIONAL ISSUES THAT THE THREATENED CLOSURE HAS CAUSED, IN MY VIEW THIS IS A MEDICAL POSITION. THE CHILDREN REQUIRE SUCH INTENSE ONE TO ONE ATTENTION THAT SOME HOW THE MONEY MUST BE FOUND, POSSIBLY JUSTIFIABLY INTO A 5TH BAND THEREBY QUALIFYING FOR ADDITIONAL FUNDING. ANOTHER OPTION IS TO APPEAL TO THE D OF E FOR ADDITIONAL FUNDING DUE TO THE CHILDRENS’ VULNERABILITY. SURELY THERE MUST BE A MORE HUMAN APPROACH TO CARE FOR THE ELDERLY AND VULNERABLE IN OUR SOCIETY TODAY RATHER THAN BASE THEIR NEEDS ON CALCULATIONS.

This is not a handwritten response but is very hard to read due to a lack of contrast with the background (from page 59 of the other responses):

Dear Councillor

I am writing to tell you how worried I am about the possibility that the Lyndale School in Eastham may close. This is because the children at the school are very vulnerable and need to be with people they know well. Their fragile health means they will not be able to cope with losing all that they know and adjusting to a new environment.

The staff at The Lyndale School have years of experience, knowledge and expertise in caring for and educating children with a very high level of special needs. They create a very special environment where each child is valued and given the support they need to enjoy a good quality of life and achieve their potential. Parents feels that no other school on Wirral can provide the same safe and caring environment.

The children who attend Lyndale have many challenges to face in their everyday lives and their families are there alongside them. But this threat of the Lyndale closure is a challenge too ??? and many of the families are feeling under great strain at this time, worrying about having to send their children to schools that they know won’t be suitable for them.

The Lyndale School provides a service that is really needed both now and to future generations. It supports and gives hope to children and their families through some of the most difficult times in their lives. Will you please pledge to support the school and prevent its loss as a valuable asset in our community.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks: