What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

What are the reasons why Wirral Council can’t do a 12 week closure consultation on Lyndale School for July’s Cabinet?

                          

Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014
Councillor Phil Davies asked Surjit Tour for advice on what to do about the draft minutes on the call ins about consulting on closing Lyndale School and special educational needs funding at a Wirral Council Cabinet meeting of the 13th March 2014

I notice that yesterday an item Outcome of Lyndale School Consultation was added to Wirral Council’s Forward Plan.

According to the detail provided the outcome of the consultation (which hasn’t started yet) will be considered at a meeting of Wirral Council’s Cabinet on 1st July 2014. However I don’t see it as possible for Wirral Council to comply with the timescales on this and I’ll explain briefly why.

The outcome of the consultation to close Lyndale School is classed as a key decision. Regulation 9 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 states that prior to making key decisions (see 9(e)) that Wirral Council has to publish “a list of the documents submitted to the decision maker for consideration in relation to the matter in respect of which the key decision is to be made” (decision maker means the Cabinet) at “least 28 clear days” before the decision is made.

Clear days means the day it is published and the day of the meeting aren’t taken into account in the twenty-eight days calculation which means the last day this can happen is the 2nd June 2014 (there are provisions in the legislation where a decision can be made with less than 28 clear days notice if the decision is “urgent and cannot reasonably be deferred” but the agreement of the Chair of the Families and Wellbeing Committee would be needed for that). After the consultation finishes, as the report will have to mention what the responses to the consultation were, I estimate it would be reasonable to estimate a week for this to happen, a week off of 2nd June 2014 is the 26th May 2014.

The original report to Cabinet on the consultation back in January 2014 stated that there would be a twelve week consultation following a consultation document being published. Take twelve weeks off of 26th May 2014 and you get a date of 3rd March 2014 (which has already happened and was nearly two weeks ago).

The call-in meeting of the Co-ordinating Committee made its decision on the 27th February 2014 and according to Wirral Council’s constitution as the Co-ordinating Committee upheld the original two Cabinet decisions that were called in, the decision to consult on closure should’ve been implemented at this point. Instead it was put on the agenda of the Cabinet meeting of 13th March 2014, with the agenda stating that the Coordinating Committee had made recommendations to Cabinet (which it hadn’t done as the Coordinating Committee had upheld the original Cabinet decisions of the 16th January and not made any recommendations to Cabinet).

So I don’t understand how it’s possible (as the twelve week consultation hasn’t started yet) how on earth Wirral Council will manage to bring a report on it to the Cabinet meeting of the 1st July considering the above timescales.

The agreed calendar of meetings shows that the next Cabinet meeting scheduled following the 1st July is the 11th September. This of course doesn’t rule out a special Cabinet meeting on this matter in mid-July, however as the schools break up for their summer break around this time it wouldn’t be best to hold it at this time.

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Cabinet decides on 12 Week Consultation on Lyndale School closure after emotional plea by parent “I ask you not as councillors or as administrators, but as parents, grandparents and decent human beings, please do not close our school”

Cabinet decides on 12 Week Consultation on Lyndale School closure after emotional plea by parent “I ask you not as councillors or as administrators, but as parents, grandparents and decent human beings, please do not close our school”

Cabinet agree to consultation on closing Lyndale School after being asked by parent “I ask you not as councillors or as administrators, but as parents, grandparents and decent human beings, please do not close our school”

                             

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Prior to this item over five thousand had signed an online petition against closure of Lyndale School.

Wirral Council’s Cabinet, Council officers, councillors, the public and Alison McGovern MP present at the Cabinet meeting heard an extremely moving request from a mother of a child at Lyndale School, Dawn Hughes not to go ahead with a consultation on the closure of Lyndale School (which is a primary school in Eastham for children with special educational needs). What she said is worth quoting in full here and starts at 3:16 in the video above.

Dawn Hughes said, “Hello everyone, my name is Dawn Hughes which you’ve just heard.

My daughter Ellie attends Lyndale School and the disruption that is being proposed is a lot worse than Miss Hassall’s report. It would take me longer than five minutes just to explain my child’s diagnosis and all the ways it affects her daily life.

She is not unusual at Lyndale, this is the level of capacity that the nursing staff deal with every day. But to deal with practical matters first, I want to ask you to show us that you are sincere when you say that you have the needs of our children at the heart of this process by further extending the twelve week consultation and allowing our governors access to resources like Council staff time so that we can explore other options. Then we can take all the time needed to give due weight to this important issue.

Miss Hassall’s report details falling roll numbers at Lyndale, leading to escalating costs with little qualifying information. The truth is that Lyndale has lived under the threat of closure for eight years which leads pre-school services to discourage prospective parents.

Lyndale parents have strongly supported a two to nineteen option for Lyndale for many years so that their very vulnerable children can avoid the unnecessary and cruel diststress of transition to an unfamiliar environment and community. This option along with inviting in children from out of area would have increased roll numbers and it is still possible for this to happen if the will is there.

This report says that Lyndale is not financially viable, but the national average spent, the amount on PMLD children is £29,000. That’s against Lyndale’s spend of £33,000, a shortfall of £4,000 per a child and that’s not considering the complexity of needs. Also not a great deal of scope in terms of the local authority budget. This shortfall would be lessened by greater occupancy. The high need of our children means that the cost of education would be the same provided by an alternative school or an alternative.

Our parents feel that the £16,000 top up for PMLD [profound and multiple learning difficulties] children is simply not enough to cover their needs and clearly we’re looking at how this figure was arrived at. Is it based on need or cost?

We know national government decisions have made things difficult but the Discretionary Schools Grant is administered locally and it is within your powers to allocate more where there is need. The SEN [special educational needs] Improvement Test legally means that you have to provide as good as or preferably better provision for our children.

The test would have to look at provision in the suggested alternative schools. Miss Hassall has said that Stanley School and Elleray Park are equipped to take Lyndale children but they are already full to bursting. I spoke to both schools recently. Stanley said they had 97 children already against a capacity of 90 and Elleray Park has 92 pupils and only 75 actual places. Where are our children going to fit?

If you plan to extend these schools why not invest that money to continue to provide good quality PMLD [profound and multiple learning difficulties] provision at Lyndale? Stanley School has never in its history had a PMLD [profound and multiple learning difficulties] child so it has no experience in this field. Lyndale parents are very worried about the safety of their children and their needs.

We contemplate the mix of PMLD [profound and multiple learning difficulties] and children with behavioural difficulties. Many of our children are on life support, oxygen, naso-gastric or gastroscomy feeds and should any of this equipment be pulled out it could be fatal within seconds.

Many of our children cannot purposefully moved at all, and should they be bitten or hit, and should they be bitten or hit they cannot defend themselves. It is madness to put these two types of children together.

Lots of our children are hyper-sensitive to noise or some movement for example. For some children noise is unbearable and induces seizures. My own daughter’s hypersensitive and contracts painful muscle spasms which can last for months leaving her unable to sleep, eat or swallow amongst other horrible symptoms. I don’t even have family around at Christmas because Ellie can’t tolerate bustle, how would she cope in a big, noisy school?

The alternative to mixed disability classes would be to segregate our children within a mixed school. The problem here is that in an emergency (such as a child needing resuscitation or having a seizure which happens frequently to many of our children) medical staff would have to navigate their way through keypad locked doors losing valuable seconds which again could prove fatal to our children.

Aside from these very real safety concerns, Stanley and Elleray are not suitable in this way. Lyndale provides a community atmosphere where children can move freely and safely around the school, visiting each other’s classrooms and socialising at lunchtime and other activities. Why should they be locked away for their own safety in a school which is unsuitable for them in the first place?

No one would sensibly suggest putting heart patients and meningitis sufferers on the same ward with the same doctors for the obvious reasons that they require different environments and treatments despite both having the label of “being ill”. In the same way we can’t treat all children that who have got the label of learning disabilities in the same way either.

Autistic and PMLD [profound and multiple learning difficulties] children have very different medical, environmental, educational and emotional needs. For example PMLD [profound and multiple learning difficulties] children need a stimulating, colourful sensory environment, exactly the opposite of what the type of environment autistic children need.

Parents have asked me to tell you that should Lyndale close, they will either keep their children at home or send them to schools out of area. This will incur a huge cost to the local authority.

The truth is we don’t think that it serves our children’s best interests to move at all. Many people feel our children are “just sitting there” with no consciousness of what happens around them, but I know that when Ellie looks at me with a twinkle in her eye it means she wants to play. I know that when other people see blankness she is in fact concentrating hard. I know when she is in pain or sad or anxious or ill and the staff at Lyndale have taken years to build up the same knowledge – that our children have an inner life as rich as yours or mine despite their inability to communicate it through normal means.

If you force them to move, they will feel the loss of all the people they trust and love and the loss of a placement that they were safe in for years. I ask yourself to put yourselves in their shoes for one minute.

Imagine being completely reliant on others for everything that happens to you and then imagine going to a strange place, where you know no-one and no-one is able to understand you when you try to tell them how you feel. Many of our children could not cope with the upheaval of a move. Change induces anxiety in our children and anxiety significantly worsens their disabilities and illnesses. They then suffer in a way that you would find unimaginable.

I’ve come to accept it with sadness over the years that Ellie will never learn to speak, eat or play independently or be able to take GCSEs. Many of our children don’t even make it to the end of primary school. It is painful for many parents with PMLD [profound and multiple learning difficulties] children to be constantly talked at by educationalists about “achievement” and the need to move on.

Ellie is 11 and still likes peek-a-bo. All she needs is a special place where she is happy and she can rely on the consistenty and environment and the adults around her. Lyndale allows for the days when the children frequently feel under par and brings therapy or treatment into the classroom.

Lyndale staff know that ill health is part and parcel of our children’s lives and to accommodate this into their individual sensory curriculum. I don’t believe that you can provide that at bigger schools with no PMLD [profound and multiple learning difficulties] experience. I don’t believe you better Lyndale to pass the SEN improvement test, you certainly can’t convince me or the other parents.

I imagine that most of you who have children or grandchildren and that they are the apple of your eye, quite rightly so. Now imagine that you are forced by some authority to send them to a place for 8 hours a day, 5 days a week to a place where you know that they will unsafe, unhappy and possibly grossly, maybe fatally misunderstood. How would that feel?

And how much worse must that be for us who care for such fragile children every day? I ask you not as councillors or as administrators, but as parents, grandparents and decent human beings, please do not close our school.

I will extend an invitation to all members of the Cabinet to attend a meeting with our parents and visit our children. Come along and get to know them and see the wonderful work that Lyndale does. Thank you for your attention. ”

The Labour Cabinet agreed to go ahead with a twelve week consultation on closure of Lyndale.

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Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote

Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote

Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote

                         

The transcript below is from part of Wirral Council’s Standards and Constitutional Oversight Committee which met on Tuesday 26th November (item 4 Revisions to the Council’s Constitution). The vote on this item was five votes (Cllr Bill Davies, Cllr Ron Abbey, Cllr Denise Roberts and Cllr John Salter) in favour of approving the recommendations at 13.1 and 13.2 in the report and there were four votes against (Cllr Chris Blakeley, Cllr Leah Fraser, Cllr Peter Kearney). You can watch the meeting using this playlist (this item starts at 3m 38s into the meeting).

Cllr Leah Fraser said, “Excuse me Chair, before we proceed any further, I actually have spoken to Graham Burgess and apparently if there are any issues that are contentious that we’re not agreeing with to do with the changes to the constitution, then they’ll be referred for consultation. So what I’d like to move is that because there’s so much and the consultation is starting in January, which is only a month away, that we put all this into the consultation.”

Cllr Chris Blakeley replied, “Seconded Chair.”

Cllr Bill Davies (Chair) said, “OK”.

Cllr Ron Abbey said, “Chair, just on that point, as far as I am aware, these refer to arrangements by the Council to carry out its duties between now and January, which is now… you can shake your head Cllr Blakeley, I didn’t shake my head at”

Cllr Bill Davies (Chair) said, “Listen! Listen! I’m going to tell you now, this Standards Committee, I am not, I’m telling you now, right from the start, any cross chitchat out of the way. Continue Cllr Abbey now.”

Cllr Ron Abbey said, “I set out to say what I wanted to say, if it’s right or wrong I’m asking for this particular point to address this.. but I am led to believe whether it’s true or not, I’m not sure whether the Head of Law will be able to advise me whether I’m correct or not. These are interim measures which allow us to operate the Council in its proper format till January when full consultation will be taken on the constitution going forward. If I’m uncorrect then I’ll stand corrected, that’s why …response.. if I’m not then fine I’ll take … my place.”

Cllr Bill Davies (Chair) said, “OK. Surjit, do you want to give some advice for other people?”

Surjit Tour replied, “Chair, if it assist… just to provide that clarity it may help. The report essentially sets out two schedules. Schedule one which refers to amendments that this committee I believe can deal with and indeed it can move as part of its powers delegated to it through the power to make minor amendments to the Council’s constitution. Schedule two however outlines in more detail changes which the report it’s to be recommended that this committee recommends that Council approves because of the nature of those changes.

So in terms of the little point that’s been raised by the councillor. Councillor, the position is that they’re not interim changes that would be made at this committee. If approved the changes in schedule one, they would be changes that would be permanent to the Council’s constitution until changed by Council or this committee in the future whereas schedule two changes as proposed would require Council’s approval before those changes would take effect. Then again, they could be subsequently changed there also if Council so chose to do so.”

Cllr Bill Davies (Chair) said, “OK. Thank you, Councillor Blakeley.”

Cllr Chris Blakeley said, “Thank you Chairman, I had a conversation with the Chief Executive .. this evening and had a conversation with the Head of Law earlier this afternoon. The Chief Executive made it very clear to me that if there were any contentious issues and any disagreement then they should be referred to the full consultation. I suggested last night that the Chief Executive spoke to the Head of Law and remove the items that were contentious and allow the other ones that weren’t in contention to go through. That clearly hasn’t happened and that’s why we are moving the whole report be deferred to consultation. A very strange thing happened last night, the Chief Executive agreed with me. That’s the first time since he’s been in post.”

Cllr Bill Davies (Chair) said, “OK, now I’ve got Cllr McLaughlin, you want to comment briefly, Cllr McLaughlin?”

Cllr Moira McLaughlin said, “Very briefly, it’s just a comment. A significant number of amendments doesn’t actually mean that they are either anything more than minor or that they are contentious and I agree that there are a significant number, but that doesn’t in itself make them contentious. The other thing is that as far as I understood, these have been approved by the party leaders as the well, … that was my understanding that this has been approved by the party leaders and certainly I was only suggesting that we move ahead to facilitate the smooth running of the Council and to continue …..”

Cllr Bill Davies (Chair) said, “OK, …”

Surjit Tour said, “Chair, if I can also clarify, I’ve also spoken to the Chief Executive this afternoon about these matters. The Chief Executive’s view is that if, it’s a matter obviously for this committee, if they are matters which the committee is minded to unanimously agree on these proposals then I think the committee would want to refer those the wider review and have those debated obviously. If Members feel that it is, if whether certainly if Members require further debate or discussion, my view is that there would be no particular issue with regards to that being an appropriate course of action either for this committee. Clearly where there’s unanimous changes or the changes are relatively minor in detail then I almost think that they could be dealt with a recommendation to Council to approval, but where there are matters which require further debate and discussion, then the Chief Executive’s view was that subjecting those particular proposals to the wider review that’s going to be taken in due course.”

Cllr Bill Davies (Chair) said, “Councillor Harney.”

Cllr Tom Harney said, “Right, thank you Chair. I have one or two things to say, first of all I’m declaring my interest, I haven’t spoken to Mr. Burgess today, this week or even this month and I’m sure how he comes into all this. He seems to be able to read minds of Members and what the Members are going to be minded to do, maybe that’s a reflection of the whole of this constitution we have, I don’t know.

I would like to say some papers and some comments and I’m sorry if I offend anybody but there we are. That is life. I’ve got these papers here, I’ve got this paper here which was put on the table today. There is no coherence as far as I can see, I am not happy to be given this. This is a Standards Committee, I’m totally unhappy with it. I can’t even find schedule one, maybe it’s my eyesight, maybe it’s my age, I don’t know but I can’t find it, it must be somewhere and we’re being asked to agree amendments, some of them it seems may be minor and so on but there has been no steer as to what on earth it’s all about, apart from the fact it seems to have been discussed by the party leaders, who presumably have some new role in this Council which is not really defined by the constitution although I think it’s referred to. Well when we’re …. is it of importance? I do think that since this is a Standards Committee, we should have things done meticulously and sensibly.

The reality is and I will accept this having been a councillor for a number of years and that is that our record on adhering to or having a sensible set of standing orders which are actually adhered to is dismal in this Council over many, many years. …. keep on suspending standing orders and I’m afraid that I remember our previous Head of Legal Services who came along trying to get us to change and was shouted down basically almost. He was certainly outvoted.

He said ‘This is all wrong.’ and we said, ‘No, we do it this way, this is Wirral.’ So I do accept and I do think it’s important that we get our constitution right and our standing orders and so on right and we adhere to that, but we can only do that if we as a Council start to put ourselves thoroughly understand what the issues are and I’m not happy that.

I mean I know some things may be urgent and I will accept that and I’d like to be told what and why briefly preferably, I don’t think spending half an hour on it and then I would like the suggestion that we vote and then I suggest we go home and I do not think that from my point of view, and I’m quite willing to accept that everybody else is thoroughly dissatisfied and I’m not and I don’t know how I can vote without any of that and I just root through these and we have a rather what’s the word bad tempered discussion at the end of the day because we lose patience with each other, after all it’s not our job to write paperwork for the committee.”

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The Klonowski Files (Part 3) Notes of the Charging Policy Working Group (22nd August 2005)

The Klonowski Files (Part 3) Notes of the Charging Policy Working Group (22nd August 2005)

The Klonowski Files (Part 3) Notes of the Charging Policy Working Group (22nd August 2005)

                              

A bit of a puzzle this next one. This one would seem to suggest that councillors were involved in a consultation involving the “special charging policy” as far back as 2005. It certainly doesn’t fit with the narrative that it was only officers at the Department of Adult Social Services that was involved does it? Perhaps that’s why it’s marked not for publication.

If anyone wants to enlighten me as to where this fits in this saga, please leave a comment.

STRICTLY CONFIDENTIAL  – NOT FOR PUBLICATION

Appendix 9

Notes of the Charging Policy Working Group

Charging Policy Consultation

Notes of a meeting held on 22nd August 2005

Westminster House, Birkenhead

Present

XXXXXXXXXXXX(older people’s representative)

XXXXXXXXXX(service user/carer representative)

XXXXXXXXXXXX(service user/carer representative)

A representative of Wirral MIND gave apologies

XXXXXXXXXAdvocacy Services

Councillor Pat Williams(Lib Dem)

Councillor               (Lab)

Councillor            (Con)

XXXXXXXXXX(Assistant Director Finance & Support Services)

XXXXXXXXXXX(Business & performance Manager)

XXXXXXXXXX(Client Financial Services Manager)

Purpose

The purpose of the meeting was to consult with party spokespersons and a number of representatives of users and carers on Wirral’s charging policy for social care services delivered to people in their own homes. It is intended the outcome of this and other consultations will be presented to the Health and Social Care Select Committee prior to recommending to Cabinet any revisions to the Charging Policy as directed by Cabinet in March 2005.

Process

XXXXXXXXX (XXX) gave a presentation (attached) which outlined the type of services the Council charges for and how they are calculated. The presentation

STRICTLY CONFIDENTIAL – NOT FOR PUBLICATION

55

STRICTLY CONFIDENTIAL – NOT FOR PUBLICATION


went on to explain why the Council believed the changes to the policy were necessary and what options might be considered.

The Group asked questions during the presentation and these are recorded in the attached table. The Group did not intend to make any specific recommendations to Council but agreed to review these notes and make subsequent representations as were considered appropriate.

It was recognised that not all client groups were adequately represented and XXX gave assurance there would be other processes to ensure as many people as possible were consulted prior to Cabinet making a decision on future charges.

STRICTLY CONFIDENTIAL  – NOT FOR PUBLICATION

56

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West Kirby and Upton Fire Stations face axe in Merseyside Fire and Rescue Authority savings proposals

West Kirby and Upton Fire Stations face axe in Merseyside Fire and Rescue Authority savings proposals

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West Kirby and Upton Fire Stations face axe in Merseyside Fire and Rescue Authority savings proposals

                           

Last weeks Regeneration and Environment Policy and Performance Committee spent nearly thirty-four minutes discussing Merseyside Fire and Rescue Service cuts without mentioning the specifics of what has been already been agreed by the Merseyside Fire and Rescue Authority. The debate starts about two minutes into the meeting.

On 3rd September Merseyside Fire and Rescue Authority (Wirral Council’s represented on this body by Cllr Denise Roberts, Cllr Lesley Rennie, Cllr Steve Niblock and Cllr Jean Stapleton) agreed the following recommendations:

1) The Authority must identify strategic mergers that allow operational response to be maintained whilst improving community and firefighter facilities and reducing costs.

Having assessed the location of the newer stations and the operational response needs of the service the Chief Fire Officer has identified that the two key geographic options where strategic mergers should be considered following consultation are:-

a) Wirral:

Merging West Kirby and Upton to create a much improved station with extensive community facilities at Greasby, which would allow response standards to be maintained whilst improving the capability for community partnerships.

In addition, consideration might be given to the opportunities for the future development of Heswall. This site is commercially attractive and working with private/public partners may create opportunities to improve facilities or relocate services.

….
(ii) Request the Chief Fire Officer to report back with detailed proposals on:-
(a) Options for Station mergers in Wirral

I presume by report back it means to the next meeting of the Merseyside Fire and Rescue Authority on the 22nd October 2013. The Regeneration and Environment Policy and Performance Committee did agree to invite Chief Fire Officer Dan Stephens to a future meeting to “highlight the potential impact of the Government proposals on the residents of Wirral” but ultimately the decision on Merseyside Fire and Rescue Service’s budget for next year is in the hands of the local councillors on Merseyside Fire and Rescue Authority (current composition fifteen Labour, two Lib Dem and one Conservative). Merseyside Fire and Rescue Authority could decide to raise Council Tax to offset the need to make these kinds of cuts to Wirral’s fire cover. If Merseyside Fire and Rescue Authority propose (when they set their budget in February 2014) raising the amount of Council Tax spent on fire services by more than 2% compared to last year (which is not enough to offset the decrease in government grant) then it would trigger a Council Tax referendum of Merseyside residents. Currently an assumed 2% rise is in their financial calculations so it seems likely that the proposed cuts on Wirral will go ahead unless savings are found elsewhere.

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