Incredible: FOI reveals “the Council are seeking to draw a line under matters in relation to Mr Morton”

Incredible: FOI reveals “the Council are seeking to draw a line under matters in relation to Mr Morton”

Incredible: FOI reveals “the Council are seeking to draw a line under matters in relation to Mr Morton”

                                                       

Families and Wellbeing Policy and Performance Committee  Wirral Council  3rd November 2014   L to R Legal adviser who was missing Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Journalism is printing what someone else does not want printed: everything else is public relations” (George Orwell)
 

There are many areas of journalism the public sector wished I hadn’t written about. For example claiming an email from Graham Burgess inviting some councillors to the Open Golf Championship was fraudulent, then 5 minutes later executing a screeching U-turn.

Or as Mr. Tour put it before the U-turn, “This is clearly a serious matter and I formally request that you immediately remove the email and the associated commentary concerning this subject matter from your blog.” Yes it seems even Mr. Tour can get quite cross!

The Merseyside Fire and Rescue Service press office repeatedly phoned asking me to remove this multi-million pound PFI contract. Merseytravel’s press office were horrified at my reporting of their Head of Internal Audit stating at a public meeting that some whistleblowing was “Mickey Mouse” & “complete nonsense”.

And of course after the story INCREDIBLE: £2,877.35 spent by Wirral Council last year in previously hidden payments on taxis for Labour councillors! Wirral Council decided to just downright ignore my FOI requests.

This is the public sector, I’m writing news that falls within the George Orwell quote above, news that from a public relations perspective “they” don’t want the public to know.

I think if I could be paid off with a generous pension and a large six-figure redundancy payment and a confidentiality agreement, they’d have tried it by now!

So it’s time for some more public interest journalism. Something that falls within the George Orwell quote above.

This is an email which sums Wirral Council up, but I’d better explain. Emma Degg was the head of the press office, Surjit refers to Surjit Tour (Monitoring Officer/Head of their Legal Department), Joe Blott has responsibility for industrial relations and is Surjit Tour’s line manager, Graham Burgess was Chief Executive and Joe Blott’s line manager.

Graham Hodkinson is in charge of Adult Social Services (you can read the war of words between him and Cllr Blakleley over Girtrell Court elsewhere in the press) and Rob Vickers, well I don’t like to spoil the surprise (but he’s not the famous rugby player of the same name).

This response to a FOI request was made through whatdotheyknow.com, but Wirral Council felt the information was so embarrassing that they didn’t want it published there.

So here it is, it falls within the George Orwell quote above, it’s something that someone else does not want printed here. Enjoy! Strangely Mr. Hodkinson doesn’t take on board Emma Degg’s advice about oversight and scrutiny, but have a read for yourself. You can read the Anna Klonowski Associates report on Wirral Council’s website and the appendices to the AKA report on this blog (they were never published by Wirral Council). However in order to understand the report please also read the key which shows that Service Provider 3 (referred to below) was Salisbury Independent Living (SIL) who sued Wirral Council for £3 million.


From: Vickers, Rob
Sent: 18 June 2013 08:09
To: Hodkinson, Graham R.
Subject: FW: Financial Liability

Hi Graham, I have now discussed this matter with Emma Degg, still no response from Surjit, Emma has advised that we should respond to Mr Morton as we would respond to anyone else and that our reply should be concise and cover the following – thank him for his Email, note his continuing oversight and scrutiny of the matters referenced and reinforce that the matter is subject to due process. The response should be in letter form and we should share letter with Joe Blott and Graham Burgess, due to wider matters relating to Mr Morton – the Council are seeking to draw a line under matters in relation to Mr Morton. Given the advice the letter would be as follows –

Dear Mr Morton

I write to acknowledge receipt of your Email dated 5th June 2013 and note your continued oversight and scrutiny of the matters you referenced allied to the AKA Report and specifically Service Provider 3. I can confirm that these matters are subject to due process and that we are seeking to bring matters to a conclusion.

Yours Sincerely

Robert Vickers

Graham, such a response is blunt but captures the advice provided, what do you think.

Rob


From: Hodkinson, Graham R.
Sent: 18 June 2013 12:52
To: Vickers, Rob
Subject: RE: Financial Liability

I would refer to continued interest as a citizen rather than scrutiny/oversight as below :

Dear Mr Morton

I write to acknowledge receipt of your Email dated 5th June 2013. Thank you for taking the time to write, setting out your views in relation to matters relating to a former care provider. I note your continued interest as a concerned citizen into the matters you referenced allied to the AKA Report and specifically Service Provider 3. I can confirm at this stage that these matters are subject to due process and that we are seeking to bring matters to a conclusion.

Yours Sincerely

Robert Vickers

Graham Hodkinson
Director of Adult Social Services
Five ways to add years to your life:
Connect • Be Active • Take Notice • Keep Learning • Give
Wirral Council
Please save paper and only print out what is necessary


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

Why did Wirral Council spend £48,384 on a London-based barrister in benefits battle with landlord?

Why did Wirral Council spend £48,384 on a London-based barrister in benefits battle with landlord?

                                                          

ICO Information Commissioner's Office logo
ICO Information Commissioner’s Office logo

For those who don’t remember Wirral Council’s motto is "by faith and foresight" and last night’s meeting of Wirral Council’s Audit and Risk Management Commmittee (which you can watch in full by following that link) had a number of comments and queries by councillors about why when Wirral Council seeks legal advice from outside third parties, the usual procurement rules don’t apply.

By strange coincidence, that very day and an hour before the Audit and Risk Management Committee started, Wirral Council finally responded (in part) to a Freedom of Information Act request of mine made on the 23rd March 2015 for a two-page fee note for the services of a barrister called Miss Jennifer Richards QC.

Many justifications were made at the Audit and Risk Management Committee meeting for Wirral Council’s legal expenditure, such as paying for the best advice. Miss Jennifer Richards QC’s services came with a price tag of £48,384 so I’m not surprised that Wirral Council spent 8 months wasting my time and theirs by arguing about whether I should have access to this (until the Information Commissioner’s Office issued decision notice FS50585536) which I can summarise in the following sentence.

Stop being silly Wirral Council and just give John a copy of the invoices within 35 days (or appeal within 28 days) otherwise it may be dealt with as contempt of court)!

Although this may seem for a small amount of legal expenditure in the grand scheme of things, it’s just one of a series of legal expenses for Wirral Council in a case that ended up in the Court of Appeal and is in some ways connected to the Anna Klonowski Associates/Martin Morton issues and Wirral Council’s Department of Adult Social Services.

You can read that final Court of Appeal judgement online for yourself ([2012] AACR 37, [2012] EWCA Civ 84, [2012] PTSR 1221, [2012] WLR(D) 31), but this was an appeal from an earlier decision to the Upper Tribunal of the Administrative Appeals Chamber, see [2011] UKUT 44 (AAC).

As referred to in that later decision it was about “a protracted dispute between Salisbury Independent Living (“SIL”) and Wirral Metropolitan Borough Council (“the local authority”) concerning housing benefit claimed by SIL to be due to its tenants and former tenants.

I have mentioned in a question at a public meeting to a councillor before that there is a cost to the public purse in legal expenses for Wirral Council not resolving issues and then these matters ending up being adjudicated by the courts.

In the interests of openness and transparency I am reproducing the invoice supplied below in full (the scan with bits blacked out by Wirral Council is of a rather poor quality).

Thirty Nine Essex Street (or 39 Essex Chambers) is the name of the London-based chamber of barristers. Weightmans is a firm of solicitors that does a lot of work for Wirral Council.

DX stands for document exchange (it’s a system that legal practices use for exchanging documents). DWP stands for Department for Work and Pensions. It seems this invoice is for the earlier Upper Tribunal stage of the legal proceedings (I hate to think what the total legal expenditure comes to for this whole case as that decision was then appealed by Wirral Council to the Court of Appeal).

Yes there are typos in the invoice (which I’ve left in the copy below). If I’ve made any mistakes in typing it up compared to the original please leave a comment pointing out where I’ve made a mistake.

In converting it from print to HTML I’ve tried to keep the formatting as close to the printed invoice as possible.


ThirtyNine
ESSEX STREET

LONDON WC2R 3AT

Telephone: 0208 7832 1111 Facsimile: 020 7353 3978 DX: LDE 298

E mail: clerks@39essex.com

Professional Fees of Miss Jennifer Richards Q.C
VAT Registration No: 606103782



DX: 718100 LIVERPOOL 16
Weightmans LLP (Liverpool)
India Buildings
Water Street
Liverpool
L2 0GA
England
 Your Ref:          MHL/186279/97
Case Ref:          174541
Page: 1/2


Various tenants of Salisbury Independent Living -v- Wirral Metropolitan Borough Council – Upper Tier Tribunal

Court: Upper Tribunal CH/1528/2012



DateDescription of WorkFees VAT
27 Feb 2012Drafting application for permission to appeal from First tier Tribunal to Upper Tribunal£1,650.00330.00
03 Apr 2012Drafting Grounds of Appeal to Upper Tribunal
 
£2,200.00440.00
04 Jul 2012Perusal and Consideration of various documents, emails, correspondence etc and advising by telephone£1,650.00330.00
04 Sep 2012Perusal and Consideration of submissions of Department for work and Pensions filed in support of Upper Tribunal appeal and adsvising by telephone£600.00120.00
06 Sep 2012Preparation for and Advising by Telephone re order of XXXXXXXXXXXX DWP and progress of Upper Tribunal£70.0014.00
10 Sep 2012Perusal and Consideration of draft directions and drafting position statement and further directions for Upper Tribunal = 4 hours£1,100.00220.00
13 Sep 2012Preparation For and Attending Hearing
 
£2,500500.00
25 Oct 2012Between 18th October and today’s date considering bundles of evidence and identifying documents for inclusion in the bundle for the Upper Tribunal£3,000.00600.00
31 Dec 2012Reviewing Trial bundle and drafting skeleton argument
 
£6,325.001265.00
07 Feb 2013Perusal and Consideration of transcripts FTT proceedings and proposed amendments/ corrections
 
£4,125.00825.00

     Note: items marked ‘*’ are previously unbilled




















Rate Fees V.A.T. TOTAL FEES C/Fwd C/Fwd
20.00% £40320.00 £8064.00 TOTAL VAT C/Fwd
TOTAL DUE C/Fwd
Rendered on 21 Feb 2013, 22 Feb 2013, 05 Mar 2013, 28 Mar 2013, 01 May 2013, 03 May 2013, 13 Jun 2013
THIS IS NOT A TAX INVOICE
 
04 Jul 2013
 

Please make payment to the following account: XXXXXXXXXXXX

XXXXXXXXXXXX
XXXXXXXXXXXX
We also accept payment by cheque to XXXXXXXXXXXX
Please quote case number and barrister name on BACS payment and notify us of bank tranXXXXXXXXXXXX



ThirtyNine
ESSEX STREET

LONDON WC2R 3AT

Telephone: 0208 7832 1111 Facsimile: 020 7353 3978 DX: LDE 298

E mail: clerks@39essex.com

Professional Fees of Miss Jennifer Richards Q.C
VAT Registration No: 606103782



DX: 718100 LIVERPOOL 16
Weightmans LLP (Liverpool)
India Buildings
Water Street
Liverpool
L2 0GA
England
 Your Ref:          MHL/186279/97
Case Ref:          174541
Page: 2/2


Various tenants of Salisbury Independent Living -v- Wirral Metropolitan Borough Council – Upper Tier Tribunal

Court: Upper Tribunal CH/1528/2012



DateDescription of WorkFees VAT
25 Feb 2013Preparation For and Attending Hearing
Preparation beofre trial 30 hours
Preparation after court 4 hours
Full day in court
£12,500.002500.00
26 Feb 2013Refresher
Ful;l day in court
Preparation 4 hours after court
£2,000.00400.00
27 Feb 2013Refresher
Full day in court
Preparation 1 hour
£2,000.00400.00
04 Sep 2012Perusal and Consideration of Respondents’ Post Hearing Note and Drafting Note in Response
 
£600.00120.00
     Note: items marked ‘*’ are previously unbilled




















Rate Fees V.A.T. TOTAL FEES £40,320.00 £8,064.00
20.00% £40320.00 £8064.00 TOTAL VAT £8,064.00
TOTAL DUE £48,384.00
Rendered on 21 Feb 2013, 22 Feb 2013, 05 Mar 2013, 28 Mar 2013, 01 May 2013, 03 May 2013, 13 Jun 2013
THIS IS NOT A TAX INVOICE
 
04 Jul 2013
 

Please make payment to the following account: XXXXXXXXXXXX

XXXXXXXXXXXX
XXXXXXXXXXXX
We also accept payment by cheque payable to XXXXXXXXXXXX
Please quote case number and barrister name on BACS payment and notify us of bank transfer byXXXXXXXXXXXX

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

The dark days of Wirral Council and the "bureaucratic machinations" surrounding the Anna Klonowski Associates report

The dark days of Wirral Council and the “bureaucratic machinations” surrounding the Anna Klonowski Associates report

The dark days of Wirral Council and the “bureaucratic machinations” surrounding the Anna Klonowski Associates report

                                                            

Councillor Steve Foulkes answers a question during the public question time section of a Council meeting in December 2011
Councillor Steve Foulkes answers a question during the public question time section of a Council meeting in December 2011

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

YouTube privacy policy

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

The public question time element of the Council meeting on 12th December 2011

I thought I would write a blog post today on what was probably one of those nearly forgotten times in Wirral Council’s history (which you can watch above recorded by my wife).

I include a transcript below about what was said at that meeting and well worth watching is another video below which is a clip from when a discussion of the same issue was on the North West News in January 2012. It was around the time of the news clip that Leonora and I decided to leave the Liberal Democrats.

It’s also worth pointing out at this stage that in 2011 the Liberal Democrats (proposed by Cllr Pat Williams, seconded by former Councillor Ann Bridson) suspended me with one of the reasons given was that I had criticised Cllr Foulkes (a Labour councillor).

The rest as they say is history, shortly after Cllr Foulkes was removed as Leader of Wirral Council in a vote of no confidence and the Labour administration was replaced by a short-lived Conservative/Lib Dem one.

I will at this point, point out two of the Nolan principles which all councillors had signed up to as part of the Code of Conduct which are accountability “Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.” and openness “Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”

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

YouTube privacy policy

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

John Brace: There has been much public interest in the (as yet unpublished) AKA (Anna Klonowksi Associates Ltd) report into issues that need to be remedied at Wirral Council.

My personal view is that Wirral Council needs to publish the report, reassure the public what it’s doing differently now and restore its tarnished reputation as a result of the events that led to the report being commissioned.

Please could you answer:

a) what date the report will be published on and whether changes are to be made between the draft version and final version (if so the reasons why) and

b) an update on changes and decisions made since the report, as a result of the report becoming available in draft form, including progress (which includes consultation) already made and how the changes will benefit Wirral Council, its staff, its councillors and the public?

Cllr Steve Foulkes: [sighs] What a surprise seeing you here John! [laughter]

Well, can I just thank you for your question? And, and this is a genuine, genuine answer, errm which will be backed up by a errm official statement which has been circulated to all elected Members and it is a public document so I’m more than happy for you to have a copy of that.

If you haven’t got it yet you’ll receive it very, very shortly.

As long as I’ve been Leader, I’ve been pressing both Anna Klonowski and the officers to [inaudible] of the long awaited report. It’s not in this Council’s interests for this to drag out any longer.

But it is in the Council’s interests is that procedure is done properly and within err natural justice and err you know protection for the Council’s future err prospects and liabilities. Currently err Miss Klonowski and her independent solicitors are conducting a Right to Reply process.

The purpose of this and its current state of progress is fully explained in the Director of Law’s advice note which has been circulated to all councillors.

Like I just said a copy is on its way to you immediately and I cannot you know give a specific date for publication of the final report but I give you my assurance that I will do all I can to make this soon and as and as reasonably possible.

As I say it’s not in this Council’s best interests to drag on.

We want the department to move forward. We want the Council to move forward.

What we have done though in terms of of what reports are available.

We’ve insisted that the corporate governance issues are up and running and they are believed to be at the stem of some of the issues in the other report.

I can’t say any further than that.

So I can’t you know. It would be wrong to me to tell you lies, or or or to pretend I’m, but at this point of time I cannot given that the Director’s advice note.

I believe we’ll say it’s inappropriate to publish that report.

If we are true to our word that you know whistleblowers should be protected and are important within our Council’s processes, then therefore anyone involved in the whistleblower process should have the same rights as the whistleblower and my view is that individuals have the Right to Reply, have the right for natural justice and I don’t believe that we should hurry justice just for the sake of of of of err public you know public clamour.

If the report is correct, and final replies (inaudible) then we in public cannot in full conscience cannot act upon it.

It’s not at that state yet and that’s not through any fault or mine.

Mayor Moira McLaughlin: OK, Mr. Brace, content with that?

John Brace: I have just one small supplementary.

Mayor Moira McLaughlin: Supplementary [inaudible] understand that.

John Brace: Yes, err can you give an approximate timescale, in the Spring of next year or you know something like that?

Mayor Moira McLaughlin: I think he has answered that Mr. Brace to be fair.

Cllr Steve Foulkes: I would would hope, I would hope it’s as soon as possible.

I’ve not been given an exact date.

But I have been informed, and as we’ve all been informed, that progress has been made on the Right to Reply. Err, there are some late Right to Reply issues come in come into the system as I think are detailed in Bill’s report.

Everything around this issue is within the report of the Director of Law and I think that once you will read that you will understand the difficult position he got in in this type of report.

As I say it’s not in the Council’s interests, or my interests or anybody’s interest for that report to be delayed any longer than it need be.

Because I think quite frankly people need to move on, the Authority needs to move on and rights need to err err wrongs need to be put right, and I’m interested in that happening.

But, I can’t give you an exact date and I’m not going to give you out an answer to this supplementary.

John Brace: Ok, thank you.

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

Looking back to 2014 on this blog at the 3 most popular stories for each month

Looking back to 2014 on this blog at the 3 most popular stories for each month

Looking back to 2014 on this blog at the 3 most popular stories for each month

                                              

Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess

The lists below are of the top three most viewed stories in each month in 2014. To be selected each story also had to be published in that particular month.

January 2014
1 Why did Martin Morton call for three councillors to resign?
2 Birkenhead Market Limited Accounts: Is This The Reason Behind Neptune’s Masterplan?
3 The letter Wirral Council wrote gagging Councillor Gilchrist

The year started with a look at why Martin Morton had called on Cllr Pat Williams, Cllr Moira McLaughlin and Cllr Denise Roberts to resign. I also published the accounts for Birkenhead Market Limited (who lease Birkenhead Market from Wirral Council) and a letter gagging Councillor Gilchrist.

February 2014
1 Exclusive: Incredible £88,174 loss made by Merseytravel on sale of Liverpool pub
2 Incredible: Lyndale School call in causes second constitutional crisis for Wirral Council!
3 District Judge Woodburn grants Wirral Council possession order: pony club given a year to leave Fernbank Farm

After the Merseytram matter hit the buffers, Merseytravel was left with property that it didn’t want or need. The first story is about what happened when they tried to sell it off. The second story is the first about Lyndale School and how when the first Cabinet decision got called in, the call in committee had to ask Council to add extra people to it who’d been left off in a “constitutional oversight”. The third story was about the court battle between Wirral Council and Upton Park Pony Association. Upton Park Pony Association were given a year to leave Fernbank Farm (which is owned by Wirral Council).

March 2014
1 Will you comment on the government’s new public meeting filming law before consultation ends on the 12th March?
2 Wirral Council show how “open and transparent” they really are
3 Mark Latham of Wirral Street Pastors tells Wirral’s councillors graphic stories about Birkenhead’s boozy night life

Mark Latham from Wirral Street Pastors told councillors on Wirral Council's Licensing Act 2003 Committee about his experiences of Birkenhead's night life and alcohol (19th March 2014)
Mark Latham from Wirral Street Pastors told councillors on Wirral Council’s Licensing Act 2003 Committee about his experiences of Birkenhead’s night life and alcohol (19th March 2014)

It may seem strange now, but in March the government were consulting on changes to the filming public meetings law. Some changes were made to the draft regulations and a right to live commentary during meetings was removed. Some new criminal offences were also added to the same legislation (but not to the section about filming). The “open and transparent” story was about the Chief Executive, in a 4 page letter, upholding an earlier decision at internal review to refuse a Freedom of Information Act request for the minutes of the Standards Working Group of the 17th December 2013. The last story was about the Wirral Street Pastors organisation and what Mark Latham had to say at a public meeting about Birkenhead’s night life.

April 2014
1 Who are the 113 candidates in the 2014 Wirral Council elections?
2 Liverpool City Region Combined Authority choose Cllr Phil Davies as Chair
3 How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

113 candidates stood in the Wirral Council elections and only 23 of these were later elected. However if you’re interested who they were then there’s a list of names. The Liverpool City Region Combined Authority met for the first time on April 1st and chose Cllr Phil Davies as Chair. The third story is my rebuttal of a (mainly) false complaint made about me by a Lib Dem.

May 2014
1 Election results for North West Region (European Parliamentary Election 2014)
2 Election results for Wallasey (Conservative hold), West Kirby and Thurstaston (Conservative hold) and Upton (Labour hold)
3 Election results for Leasowe and Moreton East (Labour Gain), Hoylake and Meols (Conservative hold) and New Brighton (Labour hold)

May had two elections in it. The first was where one councillor to Wirral Council was elected for each ward (except one that elected two due to a recent resignation in Greasby, Frankby and Irby). The second election was for 8 Members of the European Parliament for the North West region. The Lib Dems lost their only MEP in the region Chris Davies and ended up with no Members of the European Parliament in North-West England. Brian Kenny (Labour) lost his council seat in Birkenhead and Tranmere to Pat Cleary (Green Party). Ian Lewis (Conservative) lost his council seat to Treena Johnson (Labour) in Leasowe and Moreton East. Labour also gained in Pensby and Thingwall (the seat was held by an independent formerly a Lib Dem who wasn’t standing).

So the net result was that Labour increased its number of councillors from 37 to 38 (a majority of seats on Wirral Council is one party having 34 or more councillors). The Conservatives decreased their number of councillors from 22 to 21. The Lib Dems stayed on six and the Greens increased from no councillors to one.

June 2014
1 Wirral Council: It’s time for some answers over Fernbank Farm and filming!
2 Horses or 100 houses at Fernbank Farm? Liverpool City Region Combined Authority agrees to list it for housing
3 If Lyndale School closed: what might happen next?

In June I started publishing some of the court papers to do with the Fernbank Farm case including Wirral Council’s particulars of claim. During filming a public meeting of the Licensing Act 2003 Committee Cllr Steve Niblock insisted on me stopping so I moaned to Surjit Tour about it. The last story was warning about the effects on the health of the children at Lyndale School if the Lyndale School were to be closed.

July 2014
1 Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors
2 Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship
3 Councillor Walter Smith “I must say I enjoyed lavish hospitality”

Wirral Host of the Open Championship 2014

July was all about golf because of the Open Golf Championship. First the email of Graham Burgess was claimed to be “fraudulent” by Surjit Tour (who referred to it as the “Open Gold Championship”). Then five minutes later Surjit Tour tried to recall the email. Then BBC Radio Merseyside had a caller asking about the story. Wirral Council’s press office then managed to tell BBC Radio Merseyside two contradictory versions of events over a short period of time. However don’t worry Cllr Walter Smith came on the radio and told everybody how in his day job as a tailor he had enjoyed “lavish hospitality” at the golf!

August 2014
1 Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality
2 UPDATED: EXCLUSIVE: 90 Incredible Lyndale School Closure Consultation responses
3 Why did Wirral Council spend an incredible £1,872 on a London barrister to prevent openness and transparency?

Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)
Treasury Building (Wirral Council), Hamilton Square, Birkenhead, 19th August 2014 (you can click on the photo for a more high-resolution version)

Phil Ward came in for criticism for the way he’d chaired the Lyndale School consultation meetings. As part of the 2013/14 audit I made public the £1,872 Wirral Council had spent on Robin Hopkins of 11KBW to make sure that they didn’t have to give out information to a Freedom of Information Act requester in response to ICO decision notice FS50474741.

September 2014
1 Expense claim forms for Councillor Tony Smith 2013 to 2014 reveal mysterious Lyndale School meeting in February 2013
2 The 25 ways in which the Wirral Council Cabinet decision about Lyndale School is flawed
3 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

The mileage claim forms for councillors threw up some interesting visits, including one by Cllr Tony Smith to Lyndale School back in February 2013. Once again the Cabinet decided to go ahead to the next stage of consultation on closure of Lyndale School, Surjit Tour got sent another of my letters pointing out the flaws in the decision-making process. The decision was called in.

October 2014
1 Marvin the Martian returns to try to understand the incredible Lyndale School situation and the £1 million SEN budget cut
2 Whistleblowers assembled in Committee Room 1 to hear apologies from Wirral Council over a toxic whistleblowing saga involving secrecy, national, local and regional government, internal and external audit, the private sector, ££££s, senior managers, contracts and Wirral Council
3 Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

Marvin the Martian returned to discuss Lyndale and cuts to the SEN budget. The special Audit and Risk Management Committee meeting (twice adjourned from July 2014) finally met on 8th October 2014 to discuss the BIG/ISUS issues and hear from Nigel Hobro. Graham Burgess also gave in his three-month notice and announced his retirement from 31st December 2014.

November 2014
1 Merseytravel’s Head of Internal Audit brands some whistleblowing as “Mickey Mouse” & “complete nonsense”
2 Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was
3 Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby
Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby

A Merseytravel public meeting to discuss whistleblowing led to an interesting turn of phrase. The trade unions marched on Wallasey Town Hall, to have to first sit through a Cabinet meeting discussing how wonderful the Open Golf Championship had been. A consultation on a possible new fire station in Greasby village led to a packed public meeting in Greasby, with Dan Stephens (Chief Fire Officer) doing his best to answer questions from the public about Wirral Council’s involvement.

December 2014
1 8 Labour councillors on Wirral Council vote to close Lyndale School from 31st August 2016
2 Wirral Schools Forum member expresses concern at proposed £600,000 cut for children with special educational needs
3 7 Wirral Council councillors, 1 appointment to be longlisted & an HR consultant from Penna PLC; what could possibly go wrong?

December’s stories start with the sad news that just before Christmas the Cabinet decided to close Lyndale School (from 31st August 2016). A member of the Wirral Schools Forum expressed concern at the scale of cuts to special educational needs and Wirral Council councillors decided on a long list for a Head of Specialist Services (the outgoing Head of Specialist Services leaves on 31st December 2014).

Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess
Cabinet 17th December 2014 vote on Lyndale School L to R Shirley Hudsepth Surjit Tour Cllr Phil Davies Graham Burgess

So that’s it for the 2014 round-up! See you in 2015!

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

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

A stranger rides in to Wirral Town in a thrilling Wild West tale about gold, greed, horses, the law and a land grab

                                     

John Wayne as the sheriff in Rio Bravo
John Wayne as the sheriff in Rio Bravo

The following is a work of satire.

Deep in the dusty, hot West was a town called Wirral. This tale is about a land grab, a common theme in these parts as some townsfolk had let greed enter into their hearts.

Outside of town were about ten acres of farmland known as Fernbank Farm where all day the pony club offered rides to the local children. Everyone had fun there and the pony club had been there for as long as people could remember and paid rent for the use of the land to their landlord. Everybody was happy.

Little did the pony club know then, but their landlord wanted them off that land. At first they thought everything was going as it had in years gone by as their landlord even sent them a new lease to sign, which they returned back thinking everything would be just as it was in the past.

However they didn’t know that the local politicians had had a meeting and at this meeting they had changed the rules so a hundred houses could be built on the land. This was deliberately kept a secret from the pony club on the instructions of Tony Simpson.

Once a deadline had been passed and a new lease had deliberately not been agreed (while telling the pony club they would happily agree to a new lease), the landlord went to Surjit “the Sheriff” Tour, who worked for the landlord to ask him what to do. He told them that he couldn’t turf the pony club off their land yet and in order to evict them he’d first need a judge to agree to it.

The pony club were surprised by this move and got Kirwan (a lawman and former politician to help them), he did his best but the pony club soon ran out of gold coins to pay him and asked for help from Lewis instead.

The pony club’s day in court came and in the judge’s chambers in the town’s courthouse a Judge explained to all (including two curious journalists from the local reservation) that it would have to go to a proper trial where everyone would have their say. Reluctantly the landlord agreed to this.

The day of the trial came and another Judge was in charge. The landlord had hired expensive help from far, far away. The Judge said he was very sorry, but that he had no choice but to sign a possession order to turf the pony club off the landlord’s land. His hands were tied, he felt he had no choice but was very apologetic. If their landlord hadn’t been so underhand he said, he would have granted the pony club a new lease, but now unfortunately his hands were tied.

Once again the two curious journalists from the local reservation were there including a large number of the townsfolk who wanted the pony club to stay. The journalists wrote down what happened, told the local people and a story about the trial appeared in the town’s newspaper.

The husband of one of those put on trial felt the whole thing was unfair and complained. The landlord read his complaint but (surprise, surprise) said he didn’t agree. One of the two curious journalists from the local reservation even asked a question at a meeting of the politicians (it took a month for the politician to answer).

The landlord wasn’t entirely happy with these two going off the reservation at all, as well, these two were known to have caused trouble in the past but they also knew the townsfolk would really start kicking up a fuss if a large number of braves on horseback rode into the town because of how badly it had been handled. You see those on the reservation quite liked horses and didn’t like as it tended to be translated “white man speak with forked tongue”.

It wasn’t the done thing anymore for the landlord to label people (even those from the reservation) they saw as troublemakers as “crazy”. They’d done just that and ending up having to pay many, many, many (and probably a few more) gold coins to a Mr. Morton (a former employee) after he’d raised a big stink about their past skullduggery and a large amount of gold coins that the landlord had stolen accidentally removed in one of their “mistakes” and had said that they wouldn’t pay back (later changing their mind).

So what was the landlord to do? They asked a stranger from far away to come into town. The stranger did come into town, he talked with the pony club and he talked with the landlord.

Not quite understanding the rules of the game* Mr Aspin (the stranger) was from a far away town called Rochdale. He was not a lawman, but a surveyor but he did not like all he surveyed. Phrases such as “this is not an appropriate action for a Local Authority landlord to take”, “accusation of dishonesty”, “gnawed at his professional conscience” and “unfortunate sequence of events” ran through his report as a series of criticisms as to how the landlord had behaved.

*rules of the game referring to the landlord’s rule in that they preferred “independent” people to agree with them as if they didn’t it would mean no more gold coins from the landlord for them.

The stranger recommended they send an immediate written apology to the pony club, pay them them the gold coins they had paid to Kirwan and allow them to stay rent free as well as finding them somewhere else to move to.

Oh dear, what was the landlord to do? Sooner or later those two pesky reservation journalists would start writing about it (although on the plus side the landlord thought it might stop them writing about another of their dastardly schemes to try and close a local school called Lyndale) and then their mistakes would end up in the newspaper again which would mean all the townsfolk would know. Oh dear! How could they stop the press writing about it they thought? Let’s release the report on a Saturday they decided, the press won’t be at work then.

As no politician wanted to associate themselves with such an unpopular issue, they got the big cheese and well-known troubleshooter Mr. Burgess to apologise. “We apologise for the distress”, “the site is on of the three most valuable council-owned development sites”, “savings targets” and “we should have communicated better” he wrote as well as making the same commitment his boss had Councillor Phil Davies to find the pony club somewhere else.

Mr Burgess even went a little too far in some people’s minds in his enthusiasm and wrote things like “the independent investigation”“found that the Council acted legally throughout possession proceedings” when the investigator’s report in fact stated “I am satisfied that the Council followed the correct procedure in the preparation and issuing of Court proceedings. It is outside my remit to make further comments in this regard as a legal process subsequently followed resulting in the Court granting permission.”

So, one of the two journalists on the reservation saw what went on and wrote this tale and here it is. A partial victory for the pony club, but it seems that the fight will carry on.

Tune in for next week’s thrilling episode about the Wild West Town of Wirral to hear how about the landlord continues to get into hot water in its efforts to “evict” disabled children from the local school called Lyndale in another tale of communication problems, politicians, apologies but this time (as far as we know at this point) not involving horses.

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