12 Questions for the Wirral Council/LGA Improvement Board

12 Questions for the Wirral Council/LGA Improvement Board

12 Questions for the Wirral Council/LGA Improvement Board

                                

The Wirral Council/Local Government Association Improvement Board is asking for questions to its meeting on Friday. Here are a few unanswered questions.

Q1. The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England Decision notices) have not been published. Whereas there are strong reasons not to publish appendix L (Medical Information Relating to Martin Morton provided in confidence), if Wirral Council is now “open and transparent” when will the other fourteen appendices be published?

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

Q2. On the 14th April 2011 Cabinet resolved with regards to the Martin Smith report decided that “at the conclusion of all the necessary internal processes Mr Smith’s report be made public”. On the 12th January 2012 Martin Smith’s report was published, however all the names (presumably of Wirral Council officers and councillors) contained within the reported were redacted before publication. Is publishing the redacted (rather than full) report complying with the spirit of the earlier Cabinet decision? Will Wirral Council to publish an unredacted version of the Martin Smith report?

Q3. Martin Smith’s remit was to “seek to establish whether Martin Morton was subject to any bullying or other inappropriate behaviour by any officer or Elected Member, or by the Council as an organisation, and to present a report on my findings”. Presumably considering his remit some of the blacked out names in his report would be the names of councillors. As councillors are accountable to the people of Wirral, how can the people of Wirral hold their elected representatives to account unless the Martin Smith report is published including the names of councillors in it?

Q4. Bearing in mind questions one to three, does the Improvement Board understand that because of the obfuscation referred to, that the Wirral public will find it hard to believe that Wirral Council has changed when there are so many unanswered questions surrounding these events due to the lack of transparency and accountability?

Q5. The Standards Committee of Monday 4th July 2011 discussed an administrative error that had occurred in dealing with the standards complaint made by Martin Morton made regarding Cllrs Roberts, McLaughlin, Pat Williams and Bridson. He had initially made a complaint about Cllrs Roberts, McLaughlin and Pat Williams, but had replaced this with a more detailed complaint involving Cllrs Roberts, McLaughlin, Pat Williams and Bridson. This second complaint mysteriously vanished from Wirral Council’s files. A public apology was made at the time by the Monitoring Officer to Martin Morton and the councillors who were the subject of the complaint. Did any Wirral councillors have access to the revised complaint prior to its disappearance from Wirral Council’s files if so who were they?

Q6. A separate and unrelated complaint about one of the four councillors referred to in question five (ref SfE 2010/02) was decided on the 20th December 2010. However the covering report sent to the panel which decided was incorrectly titled “Report of the Monitoring Officer – Case Reference 2010/03” . This report to the panel also omitted that the original complaint referred to an alleged breach of 6(a) of the Code of Conduct. As an apology was given for an administrative error to the complainant referred to in question 5, will an apology for this administrative error be given to the complainants of complaint reference SfE 2010/02 and the subject of the complaint?

Q7. In the review report it states “it is proposed to strengthen the independent nature of the Audit and Risk Management Committee through the appointment of a majority of external members”. How many independent members of the Audit and Risk Management Committee will be appointed, who will they be appointed by and will the Audit and Risk Management Committee be chaired in future by one of these independent members?

Q8. The Strategic Director for Regeneration and the Environment Kevin Adderley has been mysteriously absent of late from recent public meetings at Wirral Council. Can a reason be given for this to quash (or confirm) the rumours circulating as to the reasons why?

Q9. Although Wirral Council is meeting its target of responding to 85% of Freedom of Information Act requests within twenty days during the Information Commissioner Office’s monitoring period, a greater proportion of Freedom of Information Act requests have been turned down. If memory serves me correctly, this has been achieved by dedicating greater human resources to responding to Freedom of Information Act requests. This raises the questions, are these resources temporary and only for the Information Commissioner Office’s monitoring period (and if so how will the current performance be maintained once these resources are withdrawn) and how does refusing a greater proportion of Freedom of Information Act requests tally with the administration’s stated desire to be more “open and transparent”?

Q10. The reports into whistleblowing allegations raised about Wirral Council’s BIG (business investment grants) and ISUS (Intensive Startup Support) have both not been published in full despite being received by Wirral Council in the Spring of this year. The Executive Summary to the Grant Thornton report into the BIG scheme was published by Wirral Council on the 15th July (the companies referred to in the Executive Summary were anonymised). If the Executive Summary to the ISUS report follows the same format as the BIG report and has also been anonymised, why has this not been published also?

Q11. The recommendation at the end of the review into the Improvement Board’s work recommends a review by the end of the year, ending the work of the Improvement Board and the Council following the next steps recommendations in the report. Does the Improvement Board think that the Corporate Governance Committee should be reconstituted to ensure sufficient oversight by councillors of the work identified in the “Next Steps” section?

Q12. a) Are the LGA members of the Improvement Board financially renumerated for their work on the Improvement Board?
b) Is Wirral Council invoiced by the LGA for the Improvement Board’s work?
c) If the answer to (a) or (b) is yes, could amounts be given (whether exact or approximate) of the total cost to Wirral Council over the lifespan of the Improvement Board?

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Corporate Governance Committee (Wirral Council) Questionnaire to Councillors (2011)

H:Corporate ServicesHuman ResourcesO DElected Member TrainingMTSG MeetingsCorporate Governance CommitteeBackground Reports & Action PlanSurveyv6 Elected Member Questionnaire.doc

V6 DRAFT

Wirral Council Members Questionnaire

Dear Councillor,

We are all aware of the AKA Governance report. Almost all of us were present at a presentation by Anna Klonowski recently.

One if the areas for action identified by Anna Klonowski in her report was that of Councillor Development and Training.

The Corporate Governance Committee has agreed that myself, with the other members of the Member Training Strategy Group, Cllr Wendy Clements and Cllr Pat Glasman, will co-ordinate activity in this area.

We plan to provide opportunities for us all to reflect on the issues raised by Anna Klonowski, together with appropriate training.

We have in mind to focus on -:

• the roles and responsibilities of Members and Officers
• our roles as individuals and as members of various Committees, including Cabinet.
• our role when holding the Executive and Officers to account.

We do however need to include the needs of everyone. Please could you help by filling in the attached questionnaire. There is of course a vast range of experience amongst Members both inside and outside the Council. Let us know how we can best use this in our programme.

We will keep you informed but in the meanwhile if you have any queries, please do not hesitate to contact myself or Pat or Wendy.

Cllr Tom Harney

Instructions

The Questionnaire has two parts:-

Part One is a series of scenarios that ask you to consider how you would respond in certain situations.
Part Two asks questions about your skills and knowledge and how you like to learn.

Please complete the following questions and return your response either by e-mail to melissaholt@wirral.gov.uk or directly to Melissa Holt who is supporting the process at the Organisational Development Team, South Annex, Wallasey, CH44 8ED

Please respond by return but at the very latest by the 16th December in order for the results to be used to inform a Development Programme ready to commence in the New Year.

Part One – Scenarios

Step 1

Please consider the scenarios below and the possible actions available to you.

Step 2

Once you have considered your response, rank them in preference order by placing a number 1, 2 or 3 next to each of them.

1 = this would be the most appropriate response
2 = this would be the next most appropriate response
3 = this would be the least appropriate response

Step 3
Add any alternative actions that you would take. Also please include any comments you would like to make on the scenario.

1) Some reports were due for a Scrutiny Committee. There is a briefing before the meeting and the papers are not available. This is the 3rd time this sort of event has happened.

What action would you take?

a) Talk to the Chairman in advance of the meeting asking that the report be deferred on the basis that it is not available for the briefing. In addition, agree with the Chairman that he/she will write to the Chief Executive cc the Cabinet Member asking for an explanation for the recent failures and remedial action that will be taken?
b) Talk to the Chairman in advance of the meeting asking that the report be deferred on the basis that it is not available for the briefing. Agree with the Chairman that he will raise the issue with the Chief Officer in the briefing seeking an explanation of the continued failures. If this explanation is unacceptable, agree with the Chairman that he/she will write to the Chief Executive cc the Cabinet Member asking for an explanation for the recent failures and remedial action that will be taken?
c) Write to the Chief Executive cc the Cabinet Portfolio holder asking for an explanation and seeking details of the action he/she proposes?

Other actions taken and your comments

2) The Key Performance Indicators reported for a particular Department show that in the 3rd quarter they have under performed but, states that they will have recovered the situation by the 4th quarter. It’s now the end of February (half way through the 4th quarter).

What action would you take?

a) Accept the report

b) Ask the Chief Officer attending the Committee to explain whether performance as of today’s date proves that they will achieve the outturn performance as per the report to the previous committee
c) On receipt of the report agree with the Chairman that he will write to the Chief Officer asking for updated performance information to be submitted in writing to the Committee if necessary on the night to prove that the performance promised in the 3rd quarter will be achieved by the end of the 4th quarter.

Other actions taken and your comments

3) A Chief Officer has submitted an improvement programme. Monthly reports appear to suggest everything in on track but from some feedback at local surgeries, members of the public do not appear to recognise the improvements and are still raising concerns.

How would you react?

a) Write to the Chief Officer detailing the concerns of the members of the public and asking for their response.
b) Write to the Chief Officer cc the relevant Cabinet detailing the concerns of the members of the public and asking for their response)
c) As for (b) but ask to meet the Portfolio Holder seeking proposals as to external verification of the delivery of the inputs, outputs and outcomes from the improvement programme.

Other actions taken and your comments

4) You are conducting a surgery when you are approached by a member of the public who happens to be an employee at Wirral Council. They ask if what they tell you can be kept confidential but then continue to relate a story regarding fraudulent behaviour within the team in which they work.

How would you respond?

a) Listen but tell the individual that this outside of your remit and that they should report it to Internal Audit
b) Tell the individual you intend to discuss the allegation with the Monitoring Officer maintaining their confidentiality as far as possible.
c) Take the issue up personally with the Director of Finance

Other actions taken and your comments

5) In a Committee meeting a fellow Elected Member becomes frustrated by the Officer’s answers to their questions. The Elected Member begins to shout and make unreasonable requests for further information.

How would you deal with this situation?

a) Leave the situation to the Chair as it is their role to manage this kind of thing
b) Propose to the Chair a 5 min cooling off period explaining the Officer’s role

c) Nothing – the situation is indeed very frustrating and venting a little emotion is acceptable

Other actions taken and your comments

6) At a Committee meeting an unexpected report is handed out by an Officer.

What would you do?

a) Look to the Chair to approve the report as urgent and accept the report on the Officer’s recommendation that it is a “good news story”

b) Request an adjournment to understand the detailed and controversial information the report
c) Recommend that the Chair refuses to accept the report and articulate this strongly because you feel due process has not been followed.

Other actions taken and your comments

Part Two – Questions

7) What skills or knowledge could you bring to the work being done by the Council on the topic of Corporate Governance?

8) What are the key skills and areas of knowledge you think you need as a Councillor to practice in a way that shows good corporate governance?

9) Are there any other training or development needs that you have at present?

10) How do you like to learn?

E-Learning

Workshops/ face to face sessions

Reading materials

One to one coaching/ mentoring

11) Do you have any further observations or comments?

Thank you for your time.

Letter to Cllr Steve Foulkes from Local Government Association 11/11/2011

Letter to Cllr Steve Foulkes and Jim Wilkie from Local Government Association 11/11/2011 from Dr Gill Taylor of the Local Government Association

UPDATED: 14th April 2015

The second paragraph of page 1 of this letter contains the sentence:

"The Whistleblower, who had been dismissed by the authority, had made allegations against the backdrop of long standing concerns about Adult Social Care but also the wider corporate governance issues around the authority’s failure to recognise or act on information which it had received over a number of years."

"The Whistleblower" is Mr Martin Morton and he was not dismissed by Wirral Council. A compromise agreement was agreed between Mr Martin Morton and his former employer Wirral Council which ended his employment.

The Local Government Association have apologised to Mr Morton for incorrectly stating in their letter below that he was dismissed. They now realise this sentence in their letter was inaccurate and have asked for this amendment to be published here.

Click on images for larger version.
 
Letter to Cllr Steve Foulkes from Local Government Association Page 1 of 6

 
Letter to Cllr Steve Foulkes from Local Government Association Page 2 of 6

Letter to Cllr Steve Foulkes from Local Government Association Page 3 of 6
Letter to Cllr Steve Foulkes from Local Government Association Page 4 of 6

Letter to Cllr Steve Foulkes from Local Government Association Page 5 of 6
Letter to Cllr Steve Foulkes from Local Government Association Page 6 of 6