UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses
UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
UPDATED 19/11/2014 16:12 to include anonymised consultation response received.
First copy of a response to the consultation (he or she wishes to remain anonymous) is added here:
“I am writing in response to the consultation. As a Wirral resident, I believe that this school should remain open. I am not convinced that it will be in the best interests of the children of Lyndale or the other two schools for Lyndale to close. Further, I have not seen evidence that the independent consultants report was based on an in depth analysis of the children’s needs. The consultant appears to have spent little time with the school staff or parents. These children have really specialist needs and the Council should take into account that the most vulnerable children must be protected the most. This is a matter of humanity. The financial argument is not convincing so why close? ”
Today is the last day of the four-week consultation on closure of the Lyndale School from January 2016. The details are currently on Wirral Council’s website.
Shortly before Christmas on the 17th December 2014 Wirral Council’s Cabinet will meet to discuss (and probably) decide what to do next.
On the basis I’m sure I’ll get a similar response if I make a FOI request tomorrow for responses to the four-week consultation closing today, if you have responded to this consultation and would like me to publish your response (whether anonymously or not), please email me at john.brace@gmail.com.
I’ll do my best to publish consultation responses I do receive on this blog ahead of the Cabinet meeting on the 17th December 2014.
Wirral Council take nearly 20 months to respond to a FOI request for SACRE meeting minutes that should only take 20 days
Wirral Council take nearly 20 months to respond to a FOI request for SACRE meeting minutes that should only take 20 days
ICO Information Commissioner’s Office logo
I wanted to write this piece to show how hard it is to get information out of Wirral Council, that is routinely published elsewhere.
On the 29th March 2013, I made this Freedom of Information Act request for the minutes of the previous meeting of Wirral Council’s Standing Advisory Committee on Religious Education (SACRE).
This document on Brent Council’s website on page 14 states “The main meetings of SACRE are public and open to all. Under the Freedom of Information Act 2000 all SACRE documents are required to be available for public scrutiny.”
Under Wirral Council’s internal rules this committee is not however administered by Legal and Member Services, but instead serviced by officers from the Children and Young People’s Department. It doesn’t for example appear in the list of public meetings on Wirral Council’s website.
So this is what happened when I tried to request the minutes of one meeting of SACRE.
29th March 2013 FOI request made using excellent whatdotheyknow website. 29th April 2013 Wirral Council exceeds 20 day limit for responding to request and is sent a reminder 30th April 2013 Request refused on s. 12(1) cost grounds (require >18.5 hours of work) due to:
“a great deal of Personal Data and Sensitive Data, which would have to be reviewed and redacted were applicable.”
30th April 2013 Internal review of decision of 30th April 2013 requested. It is pointed out to Wirral Council that redacting documents does not count towards the 18.5 hour limit. 30th July 2013 Internal review decision also refuses request, not on s.12(1) cost grounds but on s.14 (vexatious or repeated request) grounds. 14th August 2013 Internal review decision appealed to Information Commissioners Office 8th September 2014 ICO issue decision notice FS50509081
Decision notice states (in relation to this part of the FOI request) Wirral Council breached s.10 and incorrectly applied s.12 and s.16:
s.10 (time for compliance with request) due to failure to respond to FOI request within 20 working days
s.12 (exemption where cost of compliance exceeds appropriate limit) (failed to provide evidence)
s.16 (duty to provide advice and assistance) (breached requirement)
ICO require Wirral Council to take the following steps within 35 calendar days (deadline 13th October 2014) or alternatively appeal the decision notice within 28 days of the 8th September 2014:
Issue a response to the complainant’s request that does not rely upon section 12(1) of the FOIA or regulation 12(4)(b) of the EIR.
Provide advice and assistance to the complainant about which of the requested information is held by the council, and therefore falls under the terms of the FOIA or EIR.
So the minutes supplied (this is an extract of the first three agenda items) look like this (I’ve added annotations in italics with an asterisk):
MINUTES OF THE MEETING OF THE STANDING ADVISORY COUNCIL FOR RELIGIOUS EDUCATION HELD ON 7 FEBRUARY 2013
Present:
Names Redacted
* Groups A to D are as follows (who makes up SACRE is determined by s.390 of the Education Act 1996:
Group A “a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;”
Group B “except in the case of an area in Wales, a group of persons to represent the Church of England;”
Group C “a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area;”
Group D “a group of persons to represent the authority.” (see below)
Councillor W Clements
Group D
Councillor W Smith
Group D
Councillor P Kearney
Group D
Councillor B Mooney
Group D
In Attendance: Names redacted
Name redacted in the Chair
1. WELCOME
Name redacted formally welcomed everyone to the meeting and introduced the first item on the agenda – the Election of a Wirral SACRE Chair for the year 2013/14. .
2. ELECTION OF POSTS
Name redacted was proposed by Councillor Clements and seconded by Name redacted. By a unanimous show of hands Name redacted was duly elected to the post of Vice Chair.
Name redacted nominated Name redacted for the post of Vice Chair and this was seconded by Name redacted. By a unanimous show of hands Name redacted was duly elected to the post of Vice Chair.
3. SACRE Business Matters
Apologies for absence were received from Names redacted, Councillor T Smith, Name redacted.
So advice anyone, should I request an internal review of the decision to redact the names? As these are public meetings, how are the public or press supposed to find out when they meet? If I requested further SACRE meeting minutes do you think they’d take 20 months (rather than the 20 days required under FOI) to supply them?
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Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters
Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters
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I’m beginning to think I should look for sponsorship from a black marker pen manufacturer as even the minutes they have supplied have been heavily redacted. Below is an example of set of minutes I’ve finally received, which is the minutes of the Birkenhead Park Advisory Committee meeting of the 17th October 2012. I think over 19 months is a record by Wirral Council for responding to one of my FOI requests.
Birkenhead Park Advisory Committee Minutes of meeting 17th October 2012
Attendance Chair: Cllr George Davies Councillors: Cllr Denise Roberts, Cllr David Elderton, Cllr Cherry Povall, Cllr Stuart Kelly, Cllr Jean Stapleton, Cllr Alan Brighouse Members:XXXXXXXXXXXX Wirral Council Officers: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Item 1 Apologies
Cllr Brian Kenny, Insp Roy McGregor, XXXXXXXXXXXXXXXXXXXXXXXX
Item 2 Minutes of previous meeting
The minutes were accepted as a true record.
Item 3 Matters arising
Cllr Elderton raised an issue over traffic calming measures. XXXXXXXXXXXX confirmed signage for the advisory speed limit had been approved by the Conservation Officer.
There was then a question over funding for the above and a request for legal advice on how this advisory speed limit could be made enforceable.
Item 4 Park Manager’s Report XXXXXXXXXXXX reported the fall in the number of school visits and suggested possible reasons for it, including poor weather and the closure of two schools which regularly visited the park.
Cllr Stapleton asked why such small numbers from University Academy. XXXXXXXXXXXX suggested the loss of the education officer has affected contact. XXXXXXXXXXXX suggested a possible role for a volunteer to contact schools and encourage visits.
XXXXXXXXXXXX reported that the work experience programme was a real success as was the Physical Activities programme. XXXXXXXXXXXX suggested that income from commercial activities could help with finances. XXXXXXXXXXXX said an increase was required in commercial operations. XXXXXXXXXXXX predicted that this will increase.
XXXXXXXXXXXX reported to the group regarding the park’s drainage.
It was agreed by all that exceptional weather this year had caused flooding and was unavoidable.
XXXXXXXXXXXX the Events Arena could take surplus water which will also enhance biodiversity.
XXXXXXXXXXXX referred to the increase in concreting over gardens which doesn’t allow the water to drain and thereby causes increased flooding.
XXXXXXXXXXXX reported on underground water tank proposed by United Utilities because of flooding to basements in Park Road South. XXXXXXXXXXXX said there was a potential revenue asset from development of remaining plots in the park, and the United Utilities proposal to build a storage tank on the plot by Gothic Lodge would make this asset difficult to sell.
Cllr George Davies reported that the ESWA club was closing down and the building was for sale. XXXXXXXXXXXX asked if the park could make use of the area.
Cllr George Davies suggested keeping eye on developments.
XXXXXXXXXXXX reported the launch of the Park Watch scheme, adding that members were being recruited before calling the first (inaugural) meeting.
XXXXXXXXXXXX gave a report on IRIMS Incident Reporting and Management System, saying there were some “glitches” remaining but it should be up and running in a couple of months.
XXXXXXXXXXXX reported on the new Dog Control Order being proposed to exclude dogs from all children’s play areas in Wirral. He also reported on the possibility of a further Dog Control Order requiring an owner to put a dog on lead if requested, currently the byelaws state only that the dog must be under control.
Cllr Elderton suggested publicising the result of any further action after the event be recorded. XXXXXXXXXXXX expressed his concern at the nature and number of dog related incidents, suggesting the voluntary code of conduct was no good.
XXXXXXXXXXXX updated the group on the success of the Forest Schools initiative.
Item 5 Membership of Birkenhead Park Advisory Committee
Cllr George Davies requested to expand group to take in the councillor with cabinet responsibility for Cultural Services. This was agreed by all.
Item 6 Any Other Business XXXXXXXXXXXX suggested an opportunity for external funding for restoration of the Jackson Memorial, Bandstand, Conservatory and Horticultural Training. XXXXXXXXXXXX suggested that the Friends of Birkenhead Park be invited to submit a report to a future meeting.
Item 7 Date of Next Meeting
It was agreed to meet in Mid April 2013.
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What does an election year, Cllr Phil Davies, the Schools PFI contract, Lyndale School and the Wirral Schools Forum have in common?
What does an election year, Cllr Phil Davies, the Schools PFI contract and Lyndale School have in common?
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School which was reviewed by the Coordinating Committee on 2nd October 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
Added at 8/10 12:04 In response to a reader comment about this article, I am at the start of this adding a declaration of interest, in that my wife Leonora has the liability for Council Tax at the property we both reside. Council Tax is mentioned in this article. However it is already public knowledge that we both reside on the Wirral.
In August 2014, as part of the 2013/14 audit using a right I have under s.15 of the Audit Commission Act 1998, I also requested a copy of the Schools PFI contract.
The next month (September 2014) I was asked to come and collect a paper copy of the contract from a Wirral Council building in Hamilton Square, Birkenhead, which it later turns out is incomplete and missing at least a few hundred pages (which I suppose is to be expected when you’re dealing with Wirral Council)!
One of the duller sides of journalism and blogging is the amount of reading you have to do to write properly about the topics you’re writing articles on. An alternative route is to just use a lot of quotes from experts. After all when I write about matters, people leave comments and sometimes ask follow-up questions in the comments or by email so I try and familiarise myself with the topic I’m writing about first so this can be easily done. This contract runs to 2031, costs ~£12 million a year and is with a company called Wirral School Services Limited (and others).
The day before yesterday I ploughed through the rest of the Schools PFI contract Wirral Council has with Wirral Schools Services Limited (at least the bit of it I have and isn’t missing). Some of the is haven’t been dotted and the ts crossed on the pages I have and there is a large chunk of it that is missing there are some bits I am unsure of. I’ve asked for the rest but how long that will take I’m not sure!
The contract has many boring details that even I find dull to read that I hope even you dear reader would not really find particularly interesting, such as details about school boilers, how many square metres rooms are in various schools on the Wirral & what colours the hot and cold water pipes are (although knowing my luck I’ll end up with a comment from an interested heating engineer telling me how much they’d love to read a detailed article about the building maintenance side of schools).
The Schools PFI contract also has the level of detail of the full names, NI numbers, dates of birth and other details of various employees employed to work at these schools such as cleaners and other staff. Wirral Council also runs the multi-£billion Merseyside Pension Fund, so there is an admission agreement with Merseyside Pension Fund to do with pension rights. There are pages and pages of details about staff as part of an admission agreement with Merseyside Pension Fund. I will however not be publishing such detailed information on living people as it would be a goldmine for ID fraudsters and the height of irresponsible journalism to publish dates of birth, NI numbers and names for large numbers of people!
In order to explain, I need to first write a summary about what this Schools PFI contract is about. This is based mainly on the index.
Part of it is a series of leases to Wirral Council for nine schools and other type of educational premises called city learning centres covered by the contract. At the end of the contract (2031 or earlier if the contract is terminated or modified) ownership of the schools and City Learning Centres reverts back to Wirral Council. Part of the contract is also for services provided at the schools and City Learning Centres such as school meals, caretaking, repairs to the buildings et cetera. Some information on this goes to the schools themselves, some to Wirral Council. There is also a joint liaison committee set up with people from Wirral Council and the contractor.
There are also variations within the contract to account for differences between the schools, for example from memory* (*the caveat is I don’t always remember things correctly and haven’t double checked this against the contract again) I think Leasowe Primary School uses a slightly different system for school meals to the other secondary schools.
Some of the contract also relates to transitional provisions from the previous supplier Jarvis. This applied really in the early stages of the contract.
It’s all very long and very complicated and unless you have an interest in the area or are involved with Wirral Council, one of the nine schools (which are Leasowe Primary, Bebington High, University Academy of Birkenhead (formerly called Park High), South Wirral High, Weatherhead High, Hilbre High, Prenton High, Wallasey High and Wirral Grammar Girls) or two City Learning Centres (Wallasey City Learning Centre and Hilbre City Learning Centre) involved or the contractors in some way it’s probably not very interesting to you. It also interestingly falls into the set of contracts that Wirral Council will be legally required to publish at some future stage in the coming weeks.
The contract is so long and heavy (even with the missing pages) that I had to familiarise myself with our manual handling procedures just to figure out how to lift it up (and am grateful to myself that I didn’t drop it on my foot).
The first section marked “Private and confidential” is an agreement between Wirral Borough Council [1] and Wirral Schools Services Limited [2] dated 9/9/2004 and is called “Deed of Amendment and Restatement relating to Wirral Schools PFI project”. Addleshaw Goddard (a law firm) are mentioned at the bottom which are I presume are the law firm that drafted it. This section is 10 pages. This was when it was renegotiated in 2004.
So Section 1 – “Deed of Amendment and Restatement relating to Wirral Schools PFI project” 9/9/2004 10 pages
Then there’s section two, which is a “CONFORMED COPY” of a project agreement dated 27/3/2001 between Wirral Borough Council and Wirral Schools Services Limited which was amended and restated pursuant to the “Deed of Amendment and Restatement” (I’ve just mentioned) dated 9/9/2004. Rowe & Maw or 20 Black Friars Lane, London are at the bottom of the title page, their ref is 617/343/476/27909.1. Rowe & Maw were a legal firm based in London, they then became Mayer, Brown, Rowe & Maw in 2002 and in 2007 shortened their name to Mayer Brown. Apparently now they are the 22nd largest law firm in the world.
Section 2 – “Project Agreement amended and restated pursuant to a Deed of Amendment and Restatement dates 9/9/2014” dated 27/3/2001 198 pages
Schedule 1 (Volume 1 of the schedules) between Wirral Borough Council and Wirral School Services Limited is mainly series of headleases and underleases for various schools:
Pt 1 Bebington Headlease (16 pages and refers to Land Registry title MS435412)
Pt 2 Hilbre Headlease (16 pages and refers to Land Registry title MS435411)
Pt 3 Park High Headlease (15 pages and refers to Land Registry title MS435414)
Pt 4 Prenton High Headlease (8 pages) * note the copy I have been given is partially incomplete as this is missing pg 9 and schedules 1-4
Pt 5 South Wirral High Headlease (15 pages and refers to Land Registry MS435824)
Pt 6 Wallasey Headlease * missing
Pt 7 “Not used”
Pt 8 Weatherhead Headlease * missing
Pt 9 Wirral Girls Headlease * missing
Pt 10 Bebington Underlease * missing
Pt 11 Hilbre Underlease * missing
Pt 12 Park High Underlease * missing
Pt 13 Prenton High Underlease * missing
Pt 14 South Wirral High Underlease * missing
Pt 15 Wallasey Underlease * missing
Pt 16 “Not used”
Pt 17 Weatherhead Underlease * missing
Pt 18 Wirral Girls Underlease * missing
Pt 19 Plans * missing
This comes to only 55 pages supplied out of an estimated 280 which is hardly a way for a Council to comply with its requirements under the audit legislation is it!? Hopefully they treat Grant Thornton (their external auditors better than this)!
Schedule 2 and 3 following it are then completely missing. I wonder at times if Wirral Council can’t do something simple like actually making a copy of a contract for the purposes of the 2013/14 audit without messing it up, what else are they getting wrong (are they deliberately trying to hide something)?
These are:
Schedule 2 Financial Matters * completely missing all parts 1-8
Part 1 Lenders Direct Agreement * missing
Part 2 The Council’s Design and Building Contract Direct Agreement * missing
Part 3 The Council’s Support Services Management Direct Agreement * missing
Part 4 Design and Building Contract Performance Guarantee * missing
Part 5 Support Services Management Agreement Performance Guarantee * missing
Part 6 Initial Senior Funding Agreements * missing
Part 7 Other Initial Funding Agreements * missing
Part 8 Rules for Refinancing * missing
Schedule 3 Works * completely missing parts 1-10 and appendices
Part 1 Design Development Procedure * missing
Part 2 Prohibited Materials * missing
Part 3 Schedule of Key Dates * missing
Part 4 Outline Design Documents * missing
Part 5 The Completion Standards * missing
Part 6 Decant Programme Methodology * missing
Appendix 1 Decant Programme: Park High * missing
Appendix 2 Decant: Further Obligations * missing
Part 7 Handback Requirements * missing
Part 8 Project Programme * missing
Part 9 Construction Site Rules * missing
Part 10 Handback Survey * missing
Schedule 4 between Wirral Borough Council and Wirral School Services Limited is to do with Payments and is split into:
Cover pages (2)
Part 1 Definitions (11 pages, definitions from “Agreed Market Testing Proposal” to “Zone Drawings)
Part 2 Services Contract Payment (5 pages)
Part 3 Performance Deduction Look-up Table (1 page)
Part 4 Table of Service Units per School (1 page) GSUs for each school totalling 28,047 GSUs
Part 5 Monitoring (7 pages)
Part 6 Utility Services (5 pages)
Part 7 Third Party Use (4 pages) dealing with issues such as vending machines
Part 7A Catering (6 pages)
Part 8 Value for Money Testing (12 pages)
Appendix 1 Form of Performance and Payment Report (45 pages) These are examples of the payment reports that go to each school either from Jarvis Workspace FM or Wirral Schools Services Limited.
Schedule 5 is the Accommodation Services Output Specifications (82 pages long)
Schedule 6 is the Support Services Output Specifications
Part 1 Building and Asset Management Output Specifications (12 pages)
Part 2 Support Services Requirements and Performance Tables (59 pages)
Part 3 Service Level Agreements (such as control of pests) (141 pages)
Part 4 Service Level Agreements Alteration Procedure (4 pages)
Schedule 7 Reports and Records
Part 1 Reports (3 pages)
Part 2 Records (2 pages)
Schedule 8 Variations
Variation Notice (1 page)
Schedule 9 Insurance (2 pages)
Part 1 The Part 1 Insurance Period (10 pages) deals with construction all risks, business interruption insurance & public liability insurance
Part 2 The Part 2 Insurance Period (8 pages) deals with property all risks insurance, business interruption insurance & public liability insurance
Appendix 1 Endorsements (4 pages)
Appendix 2 Broker’s Letter of Undertaking (4 pages)
Appendix 3 Business Interruption Insurance – the Authority’s Obligations as Insurer (4 pages)
Appendix 4 Schedule of Insured Parties (2 pages)
Schedule 10 Liaison Committee (4 pages)
Schedule 11 Compensation on Termination
Part 1 Definitions (6 pages)
Part 2 Project Co Default (6 pages)
Part 3 Authority Default (2 pages)
Part 4 Notice by the Authority (8 pages)
Part 5 Fore Majeure, Uninsurability and Planning Challenge (1 page)
Part 6 Corrupt Gifts (1 page)
Schedule 12 Dispute Resolution Wirral Borough Council & Wirral School Services Limited
Cover pages (2 pages)
Dispute Resolution (9 pages)
Schedule 17 Quality Systems
Part 1 Design and Build Period Quality System (24 pages)
Part 2 Operational Period Quality System
Appendix 1 A Quality Policy (1 page)
Appendix 2 B Certificate of Approval (2 pages)
Appendix 3 C Proposed QA Implementation Plan (1 page)
Appendix 4 D Contact Directory (1 page)
Appendix 5 E Local Procedures (1 page)
Schedule 18 Employees
Part 1 Employee Information (6 pages)
Part 2 Terms and Conditions of Employment (1 page)
Schedule 19 Admission Agreements and Bonds
Part 1 Jarvis Workspace FM Limited (Wirral Borough Council and Jarvis Workspace FM Limited and Wirral Schools Services Limited) Merseyside Pension Fund Admission Agreement with Transferee Admission Body (15 pages)
Part 2 Compass Group PLC
(Wirral Borough Council and Compass Group PLC and ??? ) MPF Admission Agreement with Transferee Admission Body (12 pages)
(Wirral Borough Council and Compass Group PLC and ???) Agreement for a bond and indemnity in respect of sums due under an admission agreement arising from the premature termination of a best value arrangement (8 pages)
Part 3 MTL Commercial Limited (22 pages)
Part 3 is an admission agreement to the Merseyside Pension Fund between Wirral Borough Council, MTL Commercial Limited and Merseyside Pension Fund from 2001. This also relates to an unfilled in guarantor (which I will have to assume is Compass Group PLC), MTL Commercial Limited and Wirral Borough Council as well as a bond and indemnity. This admission agreement also relates to Jarvis Workspace FM Limited. This is one of the schedules which includes pages and pages and pages of staff surnames (organised alphabetically by staff surname), initials for staff names, NI (National Insurance) numbers, post titles, pension and birth dates et cetera. However on the copy I was supplied with much has been left incomplete such as the date the agreement was agreed in 2001, the office address of MTL Commercial Limited and much other detail is missing too such as director and secretary signatures.
The end of schedule 19 is an agreement between Wirral Borough Council and MTL Commercial Ltd and ???? which is titled “Agreement for a bond and indemnity in respect of sums due under an admission agreement arising from the premature termination of a best value arrangement”. This too is incomplete and unsigned.
Schedule 20 is a one page staff security protocol which details the information staff have to provide on any criminal matters and also references they have to provide before getting a job. There is also information detailed here that they have to provide to their employer during their employment if things change.
Schedule 21 is “operational site rules” – 19 pages long
Schedule 22 is a “draft transitional services agreement” which is an agreement for the supply of transitional services between Wirral Borough Council and Jarvis Workspace FM Limited which is 145 pages long
Schedule 23 is about the City Learning Centre (8 pages long)
Schedule 24 is the “non moveable equipment schedule of rates” (5 pages)
***
As the contract is so long, has been supplied incomplete and falls within the category that Wirral Council should be publishing within a matter of weeks, I won’t be scanning in the whole contract and publishing it! If there are any sections you would like me to publish though (that aren’t in the missing sections) please leave a comment or send me an email.
Just to make it clear the amount paid under the PFI contract isn’t going up by £2.5 million a year as it’s pegged to increases based on RPI.
The ratio between December 2013 RPI and December 2012 RPI was an increase of 2.674%.
There is then an “efficiency factor” of 10% built into the contract.
So, 90% * 2.674% = 2.4066%
So the yearly increase this year in PFI costs is in the region of ~£289,000 . Next year’s increase will be known when the RPI data for December 2014 is published.
So why ask is the Wirral Schools Forum being asked to make £2.3 million of cuts in year (2014-15), in addition to the £600,000 of cuts earlier this year for the Schools PFI contract then and what is this actually going to fund instead?
Well last year there was a 0% rise in the Council Tax (after a budget was prepared a few months before showing a 2% rise). Yes a freeze on Council Tax means Wirral Council got a grant which equates to a 1% rise. I presume for the financial year 2015/16 based on statements previously made by Cllr Phil Davies that senior officers at Wirral Council are also planning for a 0% rise for 2015/16 (although we’ll all find that out for sure over the next few months at a Council meeting as plans are sometimes subject to change).
It’s also interesting to note that Cllr Phil Davies (who is the Cabinet Member for Finance/Leader of the Council) four year term of office comes to an end in May 2014 so this is an “election year” for him (presuming he wishes to stand again which by all the recent press articles about Cllr Phil Davies related to Birkenhead & Tranmere means it is likely that Labour have picked him as the candidate for this area already). What better way for Cllr Phil Davies to get himself elected by telling the voters of Birkenhead and Tranmere that he has frozen their Council Tax (helpfully leaving out in leaflets to the voters in Birkenhead and Tranmere the inconvenient facts that this will come at the expense of cuts made this year (pending Wirral Schools Forum approval) to the money spent on pupils with a disability, statements, support for Special Educational Needs, maintenance of school buildings, axing funding for the School Sports Coordinator & use of swimming baths (although this two last items may be funded in future by schools directly themselves through the traded services) and other in year cuts to the Schools Budget)? Oh and also another inconvenient truth that thanks to cuts made by his Cabinet to Council Tax support many in Birkenhead & Tranmere are now having to pay 22% of their Council Tax bill whereas previously they had to pay nothing as 100% of their bill was covered by Council Tax Benefit?
After all, if Cllr Phil Davies is challenged between now and the elections in May about why he is making all these cuts by presumably the Conservatives, Lib Dems or Green Party, he based on past experience of his answers to this very question will probably blame the need to make any cuts to Wirral Council’s budget on the Coalition (Tory and Lib Dem) government, which of course absolves himself of any responsibility for these “difficult decisions”. This is of course is conveniently leaving out the fact that:
a) Wirral Council decides itself whether it wants to freeze Council Tax, rise it or decrease it each year. There is a majority Labour administration in charge of Wirral Council since 2012 so they make these decisions on the budget, Labour decided the 2013/14 budget, the 2014/15 budget and will decide the 2015/16 budget. If Labour want a Council Tax rise over x%* (a figure set by the government each year which was set last year at 2%) they have to win a referendum of the people and
b) that these are all locally made decisions over how the money is spent and that he’s the Cabinet Member for Finance (therefore he is the politician with democratic accountability to the public (and other politicians) for tax and spending decisions).
Of course there are some that would also say that these plans have come from senior officers at Wirral Council, not the Cabinet Member himself and will ask well is it a case of the officer tail wagging the Labour dog instead of the other way round? However senior officers at Wirral Council and politicians do surprise, surprise work together! These large in year changes to the agreed budget do also show as Cllr Stuart Kelly (Lib Dem audit spokesperson) quite recently pointed out at a recent public meeting that in his opinion this year’s (14/15) budget isn’t stable if changes are being made in year!
In fact at this point a £3 million overspend is predicted by the end of the year! I’m also curious as to why the date of the next Council meeting has been shifted from the 13th October 2014 to 20th October 2014. I’m sure it can’t be just because I tabled a question and they need an extra week to answer! If anyone knows the answer to that mystery please leave a comment?
Here’s an interesting question that stems from all this though. Despite the flim flam and contradictory statements over Lyndale School, is the price of Cllr Phil Davies getting reelected in May 2015 in Birkenhead & Tranmere the closure of Lyndale School (in Eastham) or is he just “rubber stamping” plans of senior officers?
After all the closure of Lyndale School currently pencilled in for January 2016 (if agreed by Cabinet later this year) won’t actually happen until after the May 2015 elections have taken place.
Can the many Labour councillors on Wirral Council seriously sleep at night knowing all this or are some behind closed doors expressing their disquiet about how this has played out in private meetings (especially the ones facing the electorate in May 2015)? Are Labour councillors worried that being directly involved in a decision about Lyndale (whether Cabinet or call in) will either affect their ability to be reselected by their fellow party members or indeed their future election prospects when they face the public at election time? Does this also explain why so many Labour deputies were sent to the Coordinating Committee meeting about Lyndale School last week? It’s all very mysterious isn’t it as one can only guess at what happens behind closed doors!?
I know the Cabinet decision to consult on axing Children’s Centres (currently on hold due to Conservative councillors calling it in) isn’t going down well with some Labour Party members (to put it mildly). That decision (made in the last few weeks by Cabinet) “called in” by Conservative councillors (Councillor Paul Hayes seems to be fast becoming the “call in councillor” and is going to be reviewed at a special meeting of the Coordinating Committee on the 15th October 2014 starting at 5.00pm (you can read the papers for that decision here).
Will Labour councillors decide that enough is enough when it comes to children’s centres, or will they agree with the Labour Cabinet and agree to start a consultation on closing them?
We’ll just have to wait and see! Please leave a comment on the above as I am interested to read your views!
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Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)
Bins, Biffa, page 59, Wirral Council, “Confidential Information” and what you’re not supposed to know (yet)
I was reading through the Biffa contract (who get paid ~£12 million a year for collecting bins and other things) and this interesting snippet about Freedom of Information and Data Protection caught my eye on page 59. I haven’t made any FOI requests for the yearly CO2 emissions of bin lorries but this is how such a request would be dealt with if someone were to do so. This is probably only of interest to those who work in this area such as the media, FOI practitioners and of limited interest to the public, so apologies if I’m getting boring! Contractor in the contract refers to Biffa Waste Services Limited. At 4.61.2.3 I couldn’t help but laugh at the bit about time for compliance for FOI requests considering Wirral Council’s track record and my recent decision notice from ICO on that matter.
The “absolute discretion” bit in 4.61.3 is very interesting as quite often local councils refuse to release information about companies and contracts on commercial sensitivity grounds saying well we’d like to give you this information but company X won’t let us.
Last Thursday (11th September 2014) Wirral Council’s Cabinet agreed to ask Kevin Adderley to enter into negotiations with Biffa over extending this ~£12 million/year contract from 2020 to 2027 without putting it out to tender. However an extra clause was added over value for money. Mr. Adderley was asked to report back to a future Cabinet meeting on the outcome of negotiations.
However the contract does state that if Wirral Council wish to extend the contract from 2020 to 2027 they don’t have to tell Biffa this until on or before 21st August 2019. So why the big rush other than to pander to Biffa’s commercial interests and damage Wirral Council’s?
Well from what was said at the Cabinet meeting Biffa Waste Services Limited have offered Wirral Council “incentives” on the current contract (which runs to 2020) if Wirral Council agree to a seven-year contract extension and don’t put it out to competitive tender when it expires in 2020.
Extending the contract by seven years is effectively making a decision that will tie the hands of future administrations (of whatever party or parties) at Wirral Council. However I’m sure (if officers are doing their job properly) that what I’ve just written is the kind of details that were in the exempt appendices for last Thursday’s Cabinet meeting. The Labour politicians on Wirral Council’s Cabinet decided that the public aren’t really supposed to know about it (which is why the press and public got chucked out of the public meeting before those appendices were decided despite the public interest test arguably being in favour of such stuff being in the public domain).
Another factor to consider is that from November 2014 Wirral Council will be under a legal duty to publish such contracts (we here have a copy of the very long contract as part of the 2013/14 audit but it would probably take me about a day of work just to publish a fraction of it as it is very, very, very long) and from November 2014 invoices. Hence I’m sure Biffa are keen to have it extended by seven years, before people like the Rt Hon Frank Field MP start referring to them again (see the last Birkenhead Constituency Committee meeting for that) and anyone kicks up more of a fuss! Oh dear, have I let an awful lot of cats out of the bag yet again?
4.61.1 The Contractor acknowledges that the Council is subject to the requirements of the FOIA and the Environmental Information Regulations and shall assist and cooperate with the Council (at the Contractor’s expense) to enable the Council to comply with Information disclosure requirements.
4.61.2 The Contractor shall and shall procure that its sub-contractors shall:
4.61.2.1 Transfer a Request for Information to the Council as soon as practicable after receipt and in any event within two Working Days of receiving a Request for Information;
4.61.2.2 Provide the Council with a copy of all Information in its possession or power in the form that the Council requires within five Working Days (or such other period as the Council may specify) of the Council requesting that Information; and
4.61.2.3 Provide all necessary assistance as reasonably requested by the Council to enable the Council to respond to a Request for Information within the time for compliance set out in section 10 of the FOIA or Regulation 5(2) of the Environmental Information Regulations.
4.61.3 The Council shall be responsible for determining at its absolute discretion whether:-
4.61.3.1 The Information is exempt from disclosure under FOIA and the Environmental Information Regulations;
4.61.3.2 The Information is to be disclosed in response to a Request for Information, and
4.61.3.3 In no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Council.
4.61.4 The Contractor acknowledge that the Council may, acting in accordance with the FOIA, or the Environmental Information Regulations disclose Information:-
4.61.4.1 Without consulting with the Contractor, or
4.61.4.2 Following consultation with the Contractor and having taken its views into account.
4.61.5 The Contractor acknowledges that any lists or schedules provided by it outlining Confidential Information are of indicative value only and that the Council may nevertheless be obliged to disclose Confidential Information in accordance with Clause 4.60.2.1.6.3.
4.61.6 The Contractor shall ensure that all information produced in the course of the Contract relating to the Contract is retained for disclosure and shall permit the Council to inspect such records as requested from time to time.
