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

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

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

                                                       

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There was a vote on the amendment.

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

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

The amendment was lost.

Voting on the original recommendation.

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

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

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

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

RESOLVED: That

Revenue:

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

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

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

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

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

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

Capital:

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

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

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A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong

A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong

A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong

                                                                                      

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 a letter emailed to Wirral Council’s Surjit Tour, the nine councillors on the Cabinet that took the “decision” and Julia Hassall.

Jenmaleo,

134 Boundary Road,

Bidston

Wirral

CH43 7PH

Wirral Council

Metropolitan Borough of Wirral

Wallasey Town Hall,

Brighton Street,

Wallasey,

Merseyside,

CH44 8ED,

England

8th September 2014

By email

Surjit Tour surjittour@wirral.gov.uk

Cllr Phil Davies phildavies@wirral.gov.uk

Cllr Tony Smith tonysmith@wirral.gov.uk

Cllr Bernie Mooney berniemooney@wirral.gov.uk

Cllr Stuart Whittingham stuartwhittingham@wirral.gov.uk

Cllr Chris Meaden chrismeaden@wirral.gov.uk

Cllr Chris Jones christinejones@wirral.gov.uk

Cllr Adrian Jones adrianjones@wirral.gov.uk

Cllr George Davies georgedavies@wirral.gov.uk

Cllr Pat Hackett pathackett@wirral.gov.uk

Julia Hassall juliahassall@wirral.gov.uk

LETTER BEFORE CLAIM

Proposed claim for judicial review

1. TO

SURJIT TOUR

Legal and Member Services

Metropolitan Borough of Wirral

Wallasey Town Hall,

Brighton Street,

Wallasey,

Merseyside,

CH44 8ED,

England

2. The claimant

MR JOHN BRACE

Jenmaleo,

134 Boundary Road,

Bidston,

CH43 7PH

3. Reference details

Amended Cabinet recommendation of 4th September 2014 with respect to Lyndale School (agenda items 4&5)

4. The details of the matter being challenged

What is being challenged is the decision of Wirral Council’s Cabinet on the evening of the 4th September 2014 to make the amended recommendation which is copied below. More specifically the details of the matter being challenged are 1.1, 1.2, 1.3, 2.0 and 2.1 of the recommendation.

“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.

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.”

5

The issue

Brief summary of facts:

Wirral Council’s Cabinet made a key decision on the evening of 4th September 2014 at a public meeting to proceed to a second round of consultation on the closure of the Lyndale School. The recommendation agreed by nine councillors is outlined above.

Why it is contended to be wrong:

It is contended to be wrong because:

(a) The notice requirements before the meeting were not met.

The actions specified to be taken in advance of the Cabinet meeting in the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 specifically Regulations 9-11 weren’t met. More specifically the document specified in Regulation 9 wasn’t published 28 days before the meeting or the notice in Regulation 10(3)(b) or the notice in Regulation 11(2)(b).

Regulation 9(1) makes it quite clear that if these requirements are not met that “that decision must not be made)

(b) The key decision was made by the wrong people.

In addition to the Cabinet between four and nine other people should’ve been included in the decision. Specifically these are:

between 2-5 parent governor representatives,

a representative of the Catholic diocese and

a representative of the Anglican diocese

These people should have all had voting/speaking rights and been invited to take part in the Cabinet meeting.

Normally Cabinet would not be required to have such representatives on it as it has oversight by the Families and Wellbeing Policy and Performance Committee and Coordinating Committee.

However as a representative of the Anglican diocese has not yet been appointed to the Families and Wellbeing Policy and Performance Committee or the Coordinating Committee due to this lack of oversight the Cabinet was required to have them take part in the decision making on this matter.

This legal requirement is outlined in the School Standards and Framework Act 1998 c.31/ s.499 of the Education Act 1996 c.56 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 and other underlying regulations.

(c) Human Rights issues

Wirral Council have to make decisions that are compatible with the Convention Rights (s.6(1) Human Rights Act 1998 c.42). Specifically these concerns are about Protocol 1 (Article 2), article 2, article 3, article 11 and article 14.

The concerns are briefly outlined below:

Protocol 1 (Article 2) “right to education” as closure of the school would interfere with the parent’s right to “ensure such education and teaching in conformity with their religious and philosophical convictions”

Article 2 “right to life” as closure of the school would possibly cause the death of one or more of its current pupils

Article 3 “prohibition of torture” as closure of the school would be “degrading treatment or punishment” of the parents and pupils

Article 11 “freedom of assembly and association” as closure of the school would interfere with the rights of the pupils, staff and parents to associate with each other and none of the requirements in 11(2) are known to be met

Article 14 “prohibition of discrimination” as:

(a) the school is for severely disabled children therefore closing (whilst not making known closures elsewhere) could be classed as discrimination

(b) the political views of the parents are that the school should not close which has been widely expressed in the media prior to the meeting in opposition to the stated views of the Labour administration at Wirral Council

(c) many of the severely disabled children at the school were born that way

(d) Equality Act 2010 c.15 considerations

Section 13 – the Lyndale pupils (person B) have a protected characteristic (disability). They would be treated less favourably if the school closed as less money would be spent on their education. Furthermore many of the approximately thirty staff have protected characteristics (who will be out of a job if the school closes)

Section 15 – this relates to discrimination arising from disability. The pupils at the school are disabled. Wirral Council would have to show that the treatment is “a proportionate means of achieving a legitimate aim” which has not yet been demonstrated

Section 19 – this relates to indirect discrimination of the parents and family members of the Lyndale pupils

Section 26 – “harrasment”, the closure plans have resulted in a violation of dignity of those with protected characteristics and have intimidated staff, parents and pupils at the school. One example of this would be that the headteacher has left.

Section 27 – the parents have threatened legal action which is a protected act

Section 85 – these plans force the Lyndale School to breach s.85(2)(f) as it subjects pupils and their parents to detriment

Section 86 – this relates to victimisation of the pupils for the conduct of their parents. The parents have petitioned, campaigned and lobbied against closure. The siblings and parents of the children at the Lyndale School are being penalised for this

Section 112 – the way Wirral Council behaved (for example making a false public statement that if the school was closed that staff would be redeployed during the consultation) is aiding contraventions of the Equality Act 2010

Section 149 – “public sector equality duty” Due regard to 149(a), (b) and (c) by Wirral Council has not been given. The same goes for the duties under 149(5)(a) and 149(5)(b). These relate to the proteted characterists of pupils, staff and parents at the school.

Section 150 – “public authorities and public functions” – the Metropolitan Borough of Wirral Council is a “district council” in England as defined in Schedule 19, therefore 150(3), 150(4) and 150(5) apply to it.

Section 158 – “positive action: general” the pupils of Lyndale school have needs that are different from the needs of person that are not disabled. Those that have PMLD (which is a protected characteristic) are a disproportinately low proportion of the school population. The Lyndale pupils are at this school because it’s a special school that caters for the needs of disabled pupils with PMLD. Therefore they will suffer a disadvantage if the school closes. The level of education they receive will change if the school closes and it is alleged that this new provision will not meet their needs.

(e) Disability Discrimination Act 1995 c.50 considerations

Section 19 – Wirral Council provides the service of education to the disabled pupils at the Lyndale School. If the school is closed the current (and potential future) disabled pupils would find it “impossible” or “unreasonably difficult” to use the school. Although Wirral Council is a “local education authority in England” and therefore a “relevant body” as defined in s.19(6), it remains to be seen whether education & transport are services that fall under s.19(5)(a) or not.

Section 21 – The adjustment required would be to fund the running costs of the Lyndale School, whilst it is appreciated that Wirral Council is a “local education authority in England” and therefore a “relevant body”, this duty of providers of services to make adjustments could/could not apply to Wirral Council

Section 21B – Wirral Council is a “public authority” and is discriminating against disabled people in carrying out its functions.

Section 21D – Wirral Council is failing in its general duties to:

(1)(a) the need to eliminate discrimination that is unlawful

(1)(b) the need to eliminate harrassment of disabled persons that is related to their disabilities

(1)(c) the need to promote equality of opportunity between disabled persons and other persons

(1)(d) the need to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons

(1)(e) the need to promote positive attitudes towards disabled persons

(1)(f) the need to encourage participation by disabled persons in public life

Section 28A – “Discrimination against disabled pupils and prospective pupils” This relations to 28A(2) and 28A(1)(a) as Wirral Council is “the local education authority” defined in Schedule 4A. Wirral Council is proposing altering its admission arrangements which discriminate against the current disabled pupils at the Lyndale School. Closure would result in the current pupils being excluded permanently.

Section 28B – Lyndale pupils are being treated less favourably because of reasons realted to their disability/ies. It is unreasonable to assume that Wirral Council does not know they are disabled as it is a special school

Section 28C – “disabled pupils not to be substantially disadvantaged” The Lyndale pupils are being put at a substansial disadvantage compared to persons who are not disabled with regards to the admission arrangemnts.

Section 28F – There has been a failure of the duty of the education authority not to discriminate, it is unknown at this stage what prescribed function this relates to (if any).

Section 49A – In carrying out its functions, Wirral Council is not having due regard to

(1)(a) the need to eliminate discrimination that is unlawful

(1)(b) the need to eliminate harrassment of disabled persons that is related to their disabilities

(1)(c) the need to promote equality of opportunity between disabled persons and other persons

(1)(d) the need to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons

(1)(e) the need to promote positive attitudes towards disabled persons

(1)(f) the need to encourage participation by disabled persons in public life

(f) Disability Discrimination Act 2005 c.13 considerations

Section 2 – This section inserted 21B in the Disability Discrimination Act 2005 (see arguments above for s.21B of the Disability Discrimination Act 2005)

Section 3 – This section inserted 49A in the Disability Discrimination Act 2005 (see arguments above for s.49A of the Disability Discrimination Act 2005)

(g) statutory guidance

Statutory guidance has been issued which includes the application of a test to such proposals known as the “SEN Improvement Test” to such decisions. Wirral Council claims that its plans for closure meet the SEN Improvement Test. The Claimant disagrees that the requirements of the SEN Improvement Test have been met to the preferred option (which is closure of the Lyndale School). This is because:

(i) it would not lead to improved access to education and associated services

(ii) it would not lead to improved access to specialist staff

(iii) it would not lead to improved access to suitable accommodation

(iv) it would not lead to an improved supply of suitable places

(v) there seems little clarity that the host schools mentioned in the decision (Elleray Park and Stanley School) are willing to receive pupils with communication and interaction needs

(vi) there is confusion as to how the proposals will be funded and the planned staffing arrangements that will be put in place

(Set out the date and details of the decision, or act or omission being challenged, a brief summary of the facts and why it is contented to be wrong)

6

The details of the action that the defendant is expected to take are:

(a) to make a written undertaking not implement the decision as an interim measure until a new Cabinet meeting happens,

(b) hold a further meeting of the Cabinet to make a decision that complies with:

(i) the notice requirements for the meeting (SI 2012/2089 Regulations 9-11) and

(ii) the other legal issues addressed in this letter

(c) to carry out a review of the matters raised in this letter and inform the Claimant of the outcome of that review

(d) to inform the Claimant if the decision is implemented and if so from what date

(e) to respond to this letter before the proposed reply date in section 12

(f) meet with Mr. John Brace before the proposed reply date so that these issues can be explored in depth in the hope that litigation can be avoided.

7

The details of the legal advisers, if any, dealing with this claim

N/A

8

The details of any interested parties

Cllr Phil Davies phildavies@wirral.gov.uk

Cllr Tony Smith tonysmith@wirral.gov.uk

Cllr Bernie Mooney berniemooney@wirral.gov.uk

Cllr Stuart Whittingham stuartwhittingham@wirral.gov.uk

Cllr Chris Meaden chrismeaden@wirral.gov.uk

Cllr Chris Jones christinejones@wirral.gov.uk

Cllr Adrian Jones adrianjones@wirral.gov.uk

Cllr George Davies georgedavies@wirral.gov.uk

Cllr Pat Hackett pathackett@wirral.gov.uk

Julia Hassall juliahassall@wirral.gov.uk

9

The details of any information sought

Details of information sought:

(a) a request for a fuller explanation of the reasons for the decision being challenged beyond those that form a part of the recommendation at 2.1

(b) statistical information on staff at the Lyndale School with reference to all protected characteristics

(c) statistical information on Wirral Council’s workforce with reference to all protected characteristics

(d) statistical information on current pupils at the Lyndale School with reference to all protected characteristics

(e) three year projected financial information about the Lyndale School projected budgets supplied to Wirral Council by the Lyndale School governors including total projected expenditure, total projected costs and total projected income

(f) earlier drafts of report titled “Report detailing the outcome of the consultation on the closure of the Lyndale School”

(g) earlier drafts of the report at Appendix 1 titled “The Independent Consultant’s Report”

10

The details of any documents that are considered relevant and necessary

(a) The consultation responses. These are considered necessary as they are referred to in 1.1 and 1.2 of the decision. Although I have already published some, I am unsure whether it is a complete set of consultation responses.

(b) Those documents outlined in section (9) specifically (e) to (g) (financial information and earlier drafts of reports)

(h) details of consultation with staff and relevant trade unions

(i) details of consultation with the governing body at Lyndale School

(j) Principal Educational Psychologist’s report

(k) detail as to how Wirral Council think the preferred option of closure meets the “SEN Improvement Test”

11

The address for reply and service of court documents

Jenmaleo

134 Boundary Road

Bidston

Wirral

CH43 7PH

12

Proposed reply date

24th September 2014

Yours sincerely,

John Brace

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

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

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

                                                                  

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

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

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

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

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

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

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

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

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

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

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

A5. No, I’m not.

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

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

Add new additional item to recommendation after paragraph 1.2:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A13. Yes.

Q14. So what’s the problem then?

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

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

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

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

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

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

A17. Yes.

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

A18. No.

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

A19. No.

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

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

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

A21. Yes.

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

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

Q23. Why’s that?

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

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

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

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

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

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

Q26. Well why doesn’t it have one?

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

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

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

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

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

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

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

A29. Yes.

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

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

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

A31. No.

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

A32. Yes.

Q33. What are they?

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

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

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

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

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

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

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

A35. Yes.

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

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

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

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

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

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

Some however are stronger than others.

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

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

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

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

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

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

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Openness of Local Government Bodies Regulations 2014 prevents councillors stopping filming at public meetings

Openness of Local Government Bodies Regulations 2014 prevents councillors stopping filming at public meetings

Openness of Local Government Bodies Regulations 2014 prevents councillors stopping filming at public meetings

                               

Today marks a change in the filming of public meetings of Wirral Council. Today is when the Openness of Local Government Bodies Regulations 2014 comes into effect. This new law (which only applies to England) prevents local councils stopping filming of their public meetings (which obviously is welcomed by myself and others up and down the country).

It doesn’t however just apply to local councils, but also to the Merseyside Fire and Rescue Authority, meetings of the Liverpool City Region Combined Authority (which includes Merseytravel) and joint committees such as the Merseyside Police and Crime Panel. The Liverpool City Region Combined Authority and Merseyside Police and Crime Panel have in the recent past refused requests from myself to film their public meetings (you can read here about the refusal by four councillors on the Merseyside Police and Crime Panel which happened back in April). The new law also applies to meetings of parish councils, although there aren’t any of these in Wirral there are in the rest of Merseyside.

However Wirral Council it seems is still clinging to the past. Here is a statement they gave to BBC Radio Merseyside which was read out this morning on the Tony Snell show:

“We are considering the practical implications of the legislation. Wirral Council’s meetings are regularly filmed by members of the public and journalists and residents live tweet and write blogs about proceedings. However we also need to consider the feelings of members of the public, who might be involved in proceedings and who may or may not wish to be filmed. We’re always keen to look at new ways of opening the democratic process to residents.”

The most recent example of Wirral Council stopping filming at a public meeting was exactly two months ago today at a Licensing 2003 subcommittee meeting to decide on an application for an alcohol licence for a shop in Moreton.

As to blogs, well it was about a month ago that Wirral Council made a threat of a libel lawsuit (which was withdrawn five minutes later) against this blog with regards to a comment somebody else had written.

August however is a quiet time for public meetings at Wirral Council. There is a public meeting of the Wallasey Constituency Committee Working Group tonight at 6pm in Committee Room 2 to discuss how they’ll spend £38,875 on improving road safety, £38,875 on promoting active travel and health and whether to spend £1,000 on marketing (leaflets about the Wallasey Constituency Committee and the Have Your Say meetings).

Tomorrow at 6pm (also at Wallasey Town Hall) is a meeting of the Coordinating Committee to discuss two call ins. The first call in is about a recent Cabinet decision over less generous concessions for current and former Armed Forces personnel at Wirral’s leisure centres and the second is about a recent Cabinet decision to remove funding for the Forest Schools program. However before a decision is reached on both matters the meeting will be adjourned. The one about Forest Schools will be adjourned until 6pm on Thursday 18th September and the one about leisure centres will be adjourned to Tuesday 23rd September at 6pm. The rest of the month of August (apart from a Licensing Act 2003 subcommittee meeting on the 27th August at 10am) there is only one other public meeting which is a Planning Committee meeting on Thursday 21st August at 6pm.

My next blog post today will be illustrating why filming is necessary to show that what politicians say at public meetings of Wirral Council and what Wirral Council states in their press releases isn’t always true

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Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

                            

The last of the meetings concerning the consultation on closing Lyndale School was held in the hall at Acre Lane Professional Excellence Centre. There to answer questions people had were David Armstrong (Assistant Chief Executive), Julia Hassall (Director of Children’s Services), Andrew Roberts and Phil Ward (who was chairing the meeting). There was also a sign language interpreter called Sue March, however Phil Ward sent the sign language interpreter away as there was no one present (from the twenty-five or so others present at the start of the meeting) that indicated they needed sign language interpretation.

Labour’s Cabinet Member for Children and Family Services Councillor Tony Smith arrived about five minutes late to the meeting. He sat with the three officers, but didn’t take a part in answering the questions people had.

Julia Hassall said she was “pleased to see so many people” and that there had been some people who had been to all six meetings. She was giving the same introduction at each one, which was drawn from the consultation document (copies of which were available for people at the meeting). She described Lyndale School as a special school in Eastham for children with complex learning disabilities whose viability was compromised by a falling roll and a small number of children.

It was at this point that Councillor Tony Smith arrived.

She repeated a point she had made at a previous meeting, that the consultation on closure was nothing to do with standards of education at the school as the last OFSTED inspection in November 2012 had concluded that the school was good with many outstanding aspects. However in her view Wirral Council needed to get future provision right and in her view two other schools (Elleray Park and Stanley) were able to provide good quality education and care.

Ms Hassall said that the closure proposal was not linked to Wirral Council’s need to save money as any money saved would be used elsewhere, however they were under a duty to make sure there were sufficient school places. She referred to the Children and Young Peoples Plan and the Children and Families Act 2014 c.6. She said that the new legislation would improve the partnership between education and health as the care plan would detail how both education and health would meet the children’s needs in a joined up way.

She referred to the report to the Cabinet meeting of the 16th January when they had agreed to start the consultation and the other options that were being consulted on (she went through the options some of which other than closure were becoming a 2-19 school, federating with another school, co locating with another school, becoming a free school or academy). The full list of options are detailed in an appendix to the Cabinet report. Julia Hassall said that during the consultation all options and any new ones were being considered.

Continuing she told those present that the Cabinet decision of the 16th January had been called in and looked at again by the Coordinating Committee on the 5th February and 27th February. She said that the Coordinating Committee had recommended that the consultation start, which had begun on the 2nd April.

Since the consultation had begun, there had been three meeting in April, two already in June with this meeting being the last of the six. Issues that had been brought up previously were referred to. She said that they had to apply the SEN Improvement Test as any alternative had to be as good as or better than the current provision. Julia Hassall said that they had agreed to engage an independent consultant Lynn Wright (Ed – I am unsure of the exact spelling of this person’s name however this was what it sounded like Julia Hassall said) to offer advice how how they looked at the eight options, any new options and to assess how they applied the SEN Improvement Test. She said that Lynn Wright was not known to the officers prior to this and would produce a separate report with an independent view that would be included when Cabinet decided whether to proceed for a formal proposal.

If Cabinet decided to proceed to the next stage, then there would be a four week statutory representations period and if Cabinet finally approved to close the school it would close at the end of the summer term in 2015 and children at Lyndale would be transferred in September 2015. She wanted to stress that no decision had been made and they would take everybody’s views into account. Ms Hassall referred to someone called Janice who was taking notes on the front row. She continued by saying that small schools could go into financial deficit whereas larger schools had more flexibility and could spend a higher proportion on teaching and meeting children’s needs.

Every January they took a census of pupil numbers. There were 401 children attending nursery with complex learning difficulties and within this 401, sixty-four had profound and multiple learning difficulties. However the number of children with profound and multiple learning difficulties had been similar over the past four years and wasn’t a growing trend. She referred to the number of places at Elleray Park and how through discussions with the school and building work they planned to increase the places there to 110. Stanley School had moved from its former site to a purpose built school and in her view they could add a further five to ten more children there without an extension but could extend it if needed to give sufficient places. She referred to a meeting between the Chief Executive (Graham Burgess) and three parent governors and how there would be a further meeting on Friday (20th June). She then handed over to David Armstrong.

Continues at Lyndale School Consultation Meeting: David Armstrong explains why there’s a consultation and questions begin (Part 2).

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