REVEALED: Grant Thornton’s previously secret £50,0000 report into how Wirral Council played the regeneration game

REVEALED: Grant Thornton’s previously secret £50,0000 report into how Wirral Council played the regeneration game

REVEALED: Grant Thornton’s previously secret £50,0000 report into how Wirral Council played the regeneration game

                          

If there’s somethin’ strange in your neighborhood
Who ya gonna call (Grant Thornton)
If it’s somethin’ weird and it won’t look good
Who ya gonna call (Grant Thornton)

Yes, my challenge for today is “making accountants sound interesting” (wish me luck)!

So where to start this tale that has about as much twists, turns and complexity as a Dan Brown thriller? Well in order to keep your attention and not send you to sleep I’ll be comparing what happened to far more exciting things (as this blog isn’t called “101 fascinating tales of bean counting”).

Wirral Council paid a company called Enterprise Solutions (NW) Limited approximately a million pounds for work done on a program called ISUS (a program to support businesses). It also paid them for work on another scheme called BIG (a business grants program). However something had gone wrong so Wirral Council sent in a crack team of accountants from Grant Thornton to investigate.

Grant Thornton as Ghostbusters
This blog has no file photo of Grant Thornton’s crack team of accountants, so using perhaps more artistic licence than is necessary this is the blogger’s impression of them (from the film Ghostbusters) (although being accountants they were probably wearing suits instead).

This intrepid team (who were paid ~£50,000 for all this) went to interview the whistleblowers who worked for Enterprise Solutions (NW) Limited to find out what had happened. As Enterprise Solutions (NW) Ltd is an absurdly long name that takes forever to type I will from now on instead be calling them the USS Enterprise instead.

There was trouble on the USS Enterprise and the whistleblowers said (this is a summary of hundreds of page of a report) that the “the engines cannae’ take it anymore”. Money was being fed into the USS Enterprise’s engines from Wirral Council. Its mission was to seek out new businesses and boldly help them (in the form of grants and other assistance). However the whistleblowers knew that thing were going very wrong and detailed the who, what, where, why and when.

The crack team from Grant Thornton heard what the whistleblowers had to say and then tried to investigate what had happened. They even went to the USS Enterprise to investigate further and spent three days there.

However, someone senior on the USS Enterprise heard about this and perhaps frightened that they might find something that would lead to a court-martial prevented Grant Thornton from setting foot on the ship ever again. This was despite the contract between Wirral Council and the USS Enterprise stating that Wirral Council could have access to their “accounts and records” (although there’s a long running controversy as to whether this contract was ever signed). This didn’t however deter (much) the crack team of accountants who then wrote (as best they could) reports on both the BIG and ISUS programs.

These reports went to Wirral Council, who then refused to publish them, giving the reason that they had referred some of the matters in it to the Merseyside Police. They felt that publishing it would prejudice any potential future criminal prosecutions (but there are also others that felt this was an extremely convenient excuse to prevent Wirral Council being embarrassed by what Grant Thornton had discovered).

A long, long time later the Merseyside Police got back in touch with Wirral Council with a letter that can be summed up by we can’t charge or ask the CPS to prosecute people in this matter as the police had been denied access to key evidence they’d need.

So then Wirral Council convened a special meeting of its Audit and Risk Management Committee to discuss the whole matter.

That is it in a nutshell (leaving an awful lot out too). The detailed nature of what the whistleblowers alleged is far beyond a few hundred words I have here to do justice to and I’m sure will be discussed next Tuesday evening at a special meeting of the Audit and Risk Management Committee.

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Martins (389 Upton Road) ask for an alcohol licence; the Merseyside Police Sergeant insists video of a public meeting is erased

Martins (389 Upton Road) ask for an alcohol licence;the @MerseyPolice Sgt insists video of a public meeting is erased

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Licensing Act 2003 subcommittee 8th May 2014 Martins 389 Upton Road, Noctorum (Martin McColl Limited) Councillor Mike Sullivan (Labour), Councillor Steve Niblock (Chair, Labour), Councillor Mike Hornby (Conservative)
Licensing Act 2003 subcommittee (Wirral Council) (Wallasey Town Hall, Committee Room 3) 8th May 2014 Martins, 389 Upton Road, Noctorum (Martin McColl Limited) Councillor Mike Sullivan (Labour), Councillor Steve Niblock (Chair, Labour), Councillor Mike Hornby (Conservative)

Martins (389 Upton Road) ask for an alcohol licence; the Merseyside Police Sergeant insists video of a public meeting is erased

                         

Sometimes public meetings take such a bizarre turn, I couldn’t do justice to what happened at them without providing a transcript. However you first need to know a little about this “public meeting”. As detailed in the published report a application for a licence (from Martin McColl Limited) to sell alcohol at a newsagents at Martins, 389 Upton Road, Noctorum (which is in Claughton ward although it is across the road from Bidston & St James ward and very near Upton ward) had been received by Wirral Council. Martins don’t currently sell alcohol and the shop is run as a newsagents/grocery store.

The application was to sell alcohol from 6am to 11pm (seven days a week) for consumption off the premises. There had been a representation from a local business and a petition signed by ninety-four people against the application being granted. Both the petition and representation related to existing problems with youths in the area of the newsagents.

Merseyside Police were also objecting to the application on the basis of a current problem with antisocial behaviour in the area of the newsagents and the likelihood that this would increase if the licence was granted. Another ground of objection from Merseyside Police was that they didn’t feel that the applicant had sufficiently demonstrated how crime and disorder would be prevented at the premises in the future should the licence be granted.

Unusually a representation had also been received from Wirral Council’s Environmental Health department which related to the prevention of crime and disorder and public safety.

The meeting was supposed to start at 2pm, although it didn’t. The councillors and council officers were in the room at 2pm, but they seem to insist on having a long talk with each other before the meeting officially starts. For some peculiar reason (which is different to all other public meetings held at Wallasey Town Hall) they insist everybody comes in at once and won’t even allow you in the room five minutes a few minutes before the meeting starts (which is necessary to set up a tripod and turn a camera on in time for the meeting to start). I’ve asked a Wirral Council officer why, they just state because of the regulations. There’s nothing in the regulations that states everyone has to go into a public meeting at once, in fact the regulations just state the hearing has to be held in public (subject to Regulation 14(2)).

Anyway after what was a long time of waiting of about fifteen minutes everyone was asked to come in (which takes a few minutes in itself as there was me, Leonora, two petitioners, Sgt Barrigan (Merseyside Police), the applicant’s representative, the “area manager” and a Wirral Council officer working in Environmental Health). The meeting started and here is a transcript. Officially the first two items are appointment of Chair and declarations of interest.

COUNCILLOR STEVE NIBLOCK (Chair)
I’m Councillor Steve Niblock and I’m the Chair of the Subcommittee this afternoon as are my councillor colleagues who will be determining the application. Could I first ask that all mobile phones are switched off or turned to silent please? Thank you and also before we open it’s not the planned fire drill so if the alarm does go off go out of those doors, turn right immediately and assemble in the car park over the road, ok?

There is an issue that has been raised a number of times within the Council with regards to filming of committee meetings and therefore I need to ask all those present if they consent to being filmed and if not errm, the reasons where they do not wish to be filmed and then it’s up to the Committee to make a decision with regards to that particular recommendation.

So, the issue being round if we could introduce ourselves, and then we could deal with that ..

MARGARET O’DONNELL
Chair, sorry to interrupt, just I think the film is running now, so that might defeat the purpose.

COUNCILLOR STEVE NIBLOCK (Chair)
OK, is it possible to pause that film?

JOHN BRACE
OK.

END OF TRANSCRIPT OF PART ONE

The applicant’s representative raised an objection to the meeting being filmed and said he was at the meeting with the Area Manager. He said he had not been told about the filming issue before the meeting and had not received instructions on this from his client.

Sergeant Barrigan of Merseyside Police said he had no objections to the meeting being filmed. The Wirral Council officer from environmental health said he had no objections to being filmed. The petitioners said they had no objection to being filmed.

The Chair asked Merseyside Police, the petitioners, the Wirral Council officer from Environmental Health and the public to leave whilst the councillors received advice from their legal adviser on the filming issue.

=======================================================================================================
Everyone waited outside in the corridor. Margaret O’Donnell came out and spoke with the applicant’s representative out of earshot. After talking with Margaret O’Donnell the applicant’s representative talked with Sergeant Barrigan about police officers wearing cameras. Sergeant Barrigan said in the corridor that he didn’t wear a camera or body armour as both pieces of kit would slow him down if he was chasing after a suspect and put him at a disadvantage.

Eventually after a long period of time Merseyside Police, the petitioners, the Wirral Council officer from Environmental Health and the public were invited back in to Committee Room 3.
=======================================================================================================

COUNCILLOR STEVE NIBLOCK (Chair)
Once the errm the Committee has decided whether or not to make this meeting in camera.

EITHER APPLICANT’S REPRESENTATIVE OR AREA MANAGER
There are two issues that cause me concern in relation to the errm, to the errm, to the errm, filming, not knowing what would happen to the film afterwards. Personally there is a matter which is referred to in two of the representations, more than one, errm, which is, errm, in two of the representations, which is currently I think it’s a matter before the courts in relation to those two issues affecting business. I’m not sure what questions you want to ask, in relation to that, but it’s not a matter that I have confidence on. Others the potential for prejudice if widely reported it could prejudice of that matter.

The second errm, is that, one, arising from that I have assumed that on were there any questions regarding security at this, these particular premises err as a result of that other issue which we believe err will address some of the concerns that were expressed, hopefully all those concerns that were expressed by Environmental Health and again that going into the public domain it would potentially defeat the the the security element so on that basis you will adjudicate the matter based on our concern that that could leak into the wider public domain. So for those two reasons around, I would prefer not to do it. Obviously it’s a determination for the Committee to decide on the regulations on what would be the overall regulation that would cover the matter. I would prefer that the matter wasn’t recorded and reported externally.

COUNCILLOR STEVE NIBLOCK (Chair)
OK, Sergeant Barrigan, do you have any other objections or a view errm with regard to this matter being an exempt item?

SERGEANT BARRIGAN (Merseyside Police)
I think the point Mr Grant makes in relation to the potential sub judice issue is valid, although it’s not a prosecution errm that is being conducted by Merseyside Police. Errm, the other issue in relation to security I think is more valid. The enforcement action that is being conducted by Environmental Health resulted out from some issues in relation to security that is not subject to the representations and some proposals from Mr. Grant and his guys and I don’t think it’s appropriate that that information goes into the public domain because it could muck things up in the future errm and on reflection taking that into consideration I would request that the Committee hold it in camera.

COUNCILLOR STEVE NIBLOCK (Chair)
OK?

Mr ???? (Environmental Health)
We’ve established that.

COUNCILLOR STEVE NIBLOCK (Chair)
OK, that’s closed, now there there’s no one else objecting? I’m going to ask for another adjournment now.

=======================================================================================================

Merseyside Police, the petitioners, the Wirral Council officer from Environmental Health and the public left to the corridor leaving the three councillors with some Wirral Council officers. After a long wait, people were invited back in (for the third time!).
=======================================================================================================

When everyone returned, the Chair Councillor Steve Niblock said that they had heard representations from the applicant and Merseyside Police and were excluding the public (see regulation 14(2) from the rest of the subcommittee meeting due to court proceedings.

For the purposes of this decision (see regulation 14(3) Sergeant Barrigan, the petitioners, the applicant’s representative and the area manager are all classed as “members of the public” and should have left. However they didn’t. Leonora and I proceeded to the door only to find my way blocked by Sergeant Barrigan insisting that before I left (since the redesign of Wallasey Town Hall Committee Room 3 has only one way in and out) that I delete the video footage on my camera of the public meeting! I deleted the second clip but refused to delete the first. Sergeant Barrigan wouldn’t let us leave until he got the ok from Councillor Steve Niblock that this was alright! I wonder if after we left Sergeant Barrigan (as is recommended) made a note of this conversation (conducted loud enough that everyone in the room could hear) in his notebook and if so what he put in these notes! A transcript of the second deleted video clip is above. This is a letter from 2010 Andrew Trotter, Chief Constable of the ACPO Advisory Group. I will quote from the relevant parts:

“There have been a number of recent instances highlighted in the press where officers have detained photographers and deleted images from their cameras. I seek your support in reminding your officers and staff that they should not prevent anyone from taking photographs in public. This applies equally to members of the media and public seeking to record images, who do not need a permit to photograph or film in public places. ACPO (Association of Chief Police Officer’s) guidance is as follows:

  • There are no powers prohibiting the taking of photographs, film or digital images in a public place. Therefore members of the public and press should not be prevented from doing so.
  • We need to cooperate with the media and amateur photographers. They play a vital role as their images help us identify criminals.
  • We must acknowledge that citizen journalism is a feature of modern life and police officers are now photographed and filmed more than ever.
  • Unnecessarily restricting photography, whether for the casual tourist or professional is unacceptable and it undermines public confidence in the police service.
  • Once an image has been recorded, the police have no power to delete or confiscate it without a court order.

If you require further guidance please refer to the ACPO website or contact my Staff Officer Robin Edwards at robin.edwards@btp.pnn.police.uk.”

I know this ACPO guidance was agreed at a national level, but does anybody know of any locally agreed policy of Merseyside Police that applies to the situation of being instructed by a police officer to delete video footage from a camera without a court order? Should I keep a copy of Andrew Trotter’s letter on me for future meetings and will politicians just use the reason of excluding the public from a public meeting to circumvent the regulations in the Openness of Local Government Bodies Regulations 2014 (which will have the force of law at some point in the next few weeks) which place a legal requirement on local councils to permit filming at their public meetings?

I am reminded of rule 1 of the National Union of Journalists Code of Conduct which states “A journalist:

1. At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed.”

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Mark Latham of Wirral Street Pastors tells Wirral’s councillors graphic stories about Birkenhead’s boozy night life

Mark Latham of Wirral Street Pastors tells Wirral’s councillors graphic stories about Birkenhead’s boozy night life

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)

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The presentation by Wirral Street Pastors starts at 1:39 in the video above.

Councillors on Wirral Council’s Licensing Act 2003 Committee yesterday listened to a brief talk from a Mark Latham of Wirral Street Pastors about what Wirral Street Pastors do on a Friday evening and Saturday morning in Birkenhead. Mr. Latham said that he would give a quick overview of what Wirral Street Pastors do and what they are and hoped from that that the councillors would glean valuable information.

He said that his role as coordinator was to try to develop a better relationship between local government, Wirral Council and the police. So far he had had meetings with the Police and Crime Commissioner for Merseyside (Jane Kennedy), Rt Hon Frank Field MP, Rt Hon Esther McVey MP, Cllr Ian Lewis and Emma Degg (a couple of times). Mr Latham said that these meetings were to bridge the gap between what the Wirral Street Pastors do and what they see.

He explained that street pastors started ten years ago when they saw a need that people in the night-time economy were drinking, being drunk and that there were lots of problems relating to those things such as fighting, antisocial behaviour, violence and crime in general. Mr Latham said that Wirral Street Pastors did the same as what other street pastors across the country did and that they were out on Friday night around Birkenhead patrolling the streets, making sure people were safe and making sure particularly vulnerable individuals got home safely.

The example of a young girl on her own was given and he said that one of his team (which were made up of female and male individuals) would stay with them and either ring their parent or a friend or get them into a taxi to make sure they get home safely. Wirral Street Pastors also gave out free flip-flops to ensure that women who had taken their shoes off don’t stand on broken glass or the general filth that’s on the streets.

In addition to free flip-flops Wirral Street Pastors also give out bottles of water and space blankets to the homeless and people who’d had one too many to drink. The aim of this was to hydrate them so that the taxis would take them. He said that some people were so drunk that taxi drivers refused them rides as the taxi drivers were concerned that these people would throw up in the back of their taxi.

Mr Latham said that the average cost to the National Health Service of a drink related incident was £4,000. He said every pair of flip-flops that they gave out meant that that person wasn’t standing on broken glass requiring an X-ray which would cost the taxpayer money. For every fight that the Wirral Street Pastors had broken up, every antisocial behaviour incident that was simmered down put less of a strain on police resources.

He said that they had a standard operating procedure with the police that allowed Wirral Street Pastors to engage with people allowing the police to concentrate on what they needed to do. Mr Latham said the Wirral Street Pastors dealt with the homeless who they gave space blankets too as well as signposting them to the Wirral Churches Ark Project, ARCH Initiatives and other agencies.

Mark Latham gave an example of somebody having their head stamped on a fortnight ago was given, Wirral Street Pastors stayed with him until the ambulance turned up and that he was fortunate that Wirral Street Pastors had been with him “because he would have been dead within about half an hour” because he was losing consciousness.

He told councillors about another person who was “roaming round”, who was “suffering from mental illness” that the Wirral Street Pastors “got back on his medication” and dealt with his needs. Mr Latham said that most of the time that the Wirral Street Pastors were just there to make sure people are safe and to be a listening ear. He referred to Cllr Ian Lewis coming out with the Wirral Street Pastors recently and that Cllr Ian Lewis could relate his experiences of that to the other councillors on the Licensing Act 2003 Committee. Mr Latham said that the Wirral Street Pastors were engaging with the community, the neighbourhood and the people who were out in the night-time economy. He said that there was much more to it than he had outlined, but he was happy to take questions from councillors.

The first question was from Cllr Harry Smith asking if the Wirral Street Pastors were connected to a church and whether they wore any special gear when they were out at night. Mark Latham replied that they had a uniform that they had to wear which was a DayGlo duotone blue jacket. He said that it was a condition of their insurance that they had to wear these uniforms but also so that they were identifiable and that the police knew who they were. He said that the Wirral Street Pastors are a Christian organisation. He said there were various inter denominational churches across the Wirral that were involved.

Mr Latham said that the Wirral Street Pastors were the only recognised ministry by the police and that the reason why it was recognised was because it wasn’t proclamation, that the Wirral Street Pastors didn’t go out preaching but they were just there to help people. He added that the Wirral Street Pastors were a highly trained group of individuals that had “police training”.

Cllr John Salter asked who the Wirral Street Pastors got funding from? Mark Latham answered that they don’t and that all volunteers paid £300 each to do it. Although it was supported by the Home Office, their standard operating procedures were “signed off by Scotland Yard and the Home Office” that that was the entirety of their involvement. He said that the national statistics were fed back regularly to David Cameron, but that the only funding they got was what they received from individuals as well as grants from Christian organisations.

Cllr Andrew Hodson asked how many Wirral Street Pastors there were in total and how many were out on the streets? Mark Latham answered that there were fifteen. He said that they went out every Friday night in teams of four (two men and two women) starting at half past ten at Charing Cross and finish at four.

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Consultation launched after police ask Wirral Council to do more about alcohol related crime in Birkenhead

Sergeant Barrigan (Licensing Sergeant, Merseyside Police) explains to Wirral Council’s Licensing Act 2003 Committee why the police want a special cumulative impact policy due to high levels of alcohol related crime in downtown Birkenhead

Consultation launched after police ask Wirral Council to do more about alcohol related crime in Birkenhead

                            

Sergeant Barrigan (Licensing Sergeant, Merseyside Police) explains to Wirral Council's Licensing Act 2003 Committee why the police want a special cumulative impact policy due to high levels of alcohol related crime in downtown Birkenhead

Sergeant Barrigan (Licensing Sergeant, Merseyside Police) explains to Wirral Council’s Licensing Act 2003 Committee why the police want a special cumulative impact policy due to high levels of alcohol related crime in downtown Birkenhead

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This item starts at 21:44 in the video above.

Merseyside Police’s Sergeant Barrigan addressed councillors on Wirral Council’s Licensing Act 2003 Committee calling for a change to their licensing policy. He told councillors about concerns raised about alcohol related antisocial behaviour in the Charing Cross area of Birkenhead and showed those present maps of street drinking reported to Merseyside Police between the 1st April 2012 and the 1st March 2013. These reports were clustered around the Charing Cross area of Birkenhead.

He also showed a map of crimes reported between November 2012 and October 2013 in this area and said that 52% had taken place on licensed premises and referring to areas of Liverpool which already had four areas covered special cumulative impact policies.

Sgt Barrigan quoted statistics on how alcohol was a reason in a high proportion of the theft offences in that area. Street drinkers were a problem in the area with people drinking on the streets for reasons such as an inability to afford heating or to avoid being evicted. The street drinking was connected to a high number of off-licences in the area. In answer to a councillor’s question he said that the boundaries of the area he wanted covered by the special cumulative impact policy would cover both sides of the road on the boundary. He asked if councillors had any questions?

A few councillors asked questions, then others spoke in support of a special cumulative impact policy in the Charing Cross area and it was agreed that a special cumulative impact policy would be consulted on. Cllr Jean Stapleton welcomed this decision.

Cllr Tony Norbury said he was concerned that it might move the problem to outside the area covered by the special cumulative impact policy. A Council officer said that they would consult on the new policy and if the committee then agreed to amend the guidance then it would be kept under review.

A special cumulative impact policy (if agreed following consultation) in the Charing Cross Area of Birkenhead would mean that there would be a special policy of rebuttal regarding licence applications in this area. This would mean that applications in that area that were likely to add to the existing problems would be refused or subject to limitations (but only if relevant representations had been made).

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Wirral Council plays the Regeneration Game (badly)

Wirral Council plays the Regeneration Game (badly)

Wirral Council plays the Regeneration Game (badly)

                                

Just before Christmas started Wirral Leaks asked for a guide to the BIG Fund/ISUS/Working Neighbourhood investigation. Well where to start?

BIG stands for business investment grants. ISUS stands for intensive start-up support.

BIG is not to be confused with Think Big (marketed under the rather terrible catchphrase Think Big! Think Wirral). Think BIG was for grants of over £20,000 and as far as I know isn’t included in the whistleblowing allegations. Think BIG had a budget of £300k a year in Wirral Council’s budget from 2009/10 and is now called the Think Big Investment Fund.

Business Investment Grants (for under £20,000) were awarded to companies that were successful in applying for a business investment grant. Grant Thornton (who are also Wirral Council’s auditors) were asked in October 2012 for a quotation for work to look into the whistleblowers’ concerns. As a result of this work, two reports were produced and sent to Wirral Council. One report was on BIG and the other on ISUS.

In response to a question from Nigel Hobro to Cllr Phil Davies at the full Council meeting in July, Wirral Council published the summary of Grant Thornton’s report into the BIG program.

I made a Freedom of Information request for Grant Thornton’s ISUS report in August 2013. On the 23rd September 2013 Wirral Council stated that “the report, which has been reported previously, has been handed over to the Police for their consideration, in accordance with the recommendations contained within the report” and refused providing the report using a s.30 exemption (Investigations and Proceedings conducted by Public Authorities).

I asked for an internal review as the investigation had been carried out by Grant Thornton UK LLP (who isn’t a public authority). Another factor I pointed out was that Wirral Council weren’t bringing criminal proceedings, but instead passing it to the police. I also pointed out that s.30 was a qualified exemption and subject to a public interest test (which Wirral Council hadn’t included in its original reply).

Wirral Council’s response to the internal review was that they still refused to release the report. However they did provide further detail as to why. Firstly they stated that the investigation into the BIG and ISUS program was done independently of Grant Thornton’s role as Wirral Council’s auditors. This was to “review the earlier investigation conducted by the authority’s Internal Audit section and to conduct their own investigation into these allegations” and referred to an assurance by Grant Thornton that their work on BIG & ISUS was independent to that of their work auditing Wirral Council’s accounts.

Wirral Council regarded the work that Grant Thornton had done on BIG and ISUS as on Wirral Council’s behalf, therefore in Wirral Council’s view a s.30 exemption still applied. Stating this in English only a person with a legal background would write “as such Section 30 of the Freedom of Information Act 2000 is still appropriate as the investigation was conducted by an organisation acting on behalf of the organisation.” Despite referring it to the police, Wirral Council gave the impression they hadn’t made their minds up as to whether they would start a criminal prosecution themselves. However if they hadn’t made their mind up already not to institute criminal proceedings on this why refer it to the police?

In a concession though, they did agree with me that the original refusal should have included Wirral Council considering the public interest test. The person doing the internal review did carry out a public interest test (of sorts).

They gave many reasons against disclosure (and none for). The reasons they gave were that they regarding it being in the public interest not to disclose the report were that “the investigatory process is safeguarded“, that it would “undermine an investigation/prosecution of criminal matters“, “dissuade members of the public from reporting potential or actual wrongdoings“, “undermine the prosecution process and the role of the criminal courts” and “could prejudice the right to a fair trial“.

However, there is more than this in this story. As referred to in this previous blog post headlined “Million pound contract between Wirral Council and Enterprise Solutions (NW) Ltd for ISUS scheme was never signed” and referred to at 1.16 to 1.22 of Grant Thornton’s report the contract between Wirral Council and Enterprise Solutions Limited (also known as Wirral Biz) was never signed (a copy of the unsigned contract is linked to from that blog post).

Therefore Enterprise Solutions (NW) Ltd don’t regard it as a binding contract. Enterprise Solutions (NW) Ltd are quoted in Grant Thornton’s report as stating in a letter to Wirral Council from December 2012 “this company has nothing to hide in relation to its involvement in any of the above programmes [one of which was the BIG programme] on which it provided services. We are therefore prepared to grant access on the basis requested, on the understanding that your costs of the exercise are borne by the Council.

Despite this commitment by Enterprise Solutions (NW) Ltd to Wirral Council by letter in December 2012, that they had “nothing to hide” Grant Thornton state in 1.21 of their report that “we have not been given access to the documentation retained by the company concerning the services it provided under the BIG programme and have, therefore, been unable to discuss these with Enterprise Solutions.

Complicating the matter further, Wirral Council was also in receipt of money from the (since abolished) North West Development Agency in the form of grants. This was for the ISUS (intensive startup side of things). The first ninety pages of the contract with the North West Development Agency is here and a further thirty-six pages here.

The North West Development Agency money given to Wirral Council under the terms in the contract (one hundred and twenty-six pages isn’t the whole contract as there were pages on publicity requirements I haven’t scanned in yet) came from Europe. Just to complicate things even further, Wirral Council also used Working Neighbourhood Funds money to fund these programs.

The whistleblowers’ concerns were that companies that didn’t qualify for grants were given them. On the BIG side, applications were first reviewed by the BIG Panel then the award of the grants were agreed by Wirral Council’s Cabinet (not part of public meetings of Cabinet but in private after the press and public were excluded) due to “commercial confidentiality“.

Grant Thornton looked into the applications of six companies that had applied for business investment grants. In five of these they found “financial anomalies” which were not explained to the BIG Panels. Four of these five were “significant anomalies” which had not been brought to the BIG Panel’s attention. The types of anomalies are outlined in 2.33 but ranged from accounts that indicated that the applicant had paid unlawful dividends (contrary to the Companies Acts) to balance sheets were one year’s opening balance didn’t match the previous year’s closing balance.

One applicant had included a £500 grant from Wirral Council in its accounts, which had been received four months before the accounting period that the accounts covered. Grant Thornton recommended that out of the six applications it looked at that Wirral Council should claw back the grant to the company referred to as BIG6 and refer that application to the police (which happened at some point earlier this year).

I asked Merseyside Police some questions in September about their investigation in September. The reply I got from a Detective Chief Inspector Gareth Thompson was “This matter is currently in the hands of Wirral Borough Council and any requests for information you have should be directed to them, perhaps by way of a Fredom of Information enquiry” (yes freedom is spelt incorrectly in the reply, but to be fair to Detective Chief Inspector Gareth Thompson I would guess that freedom is a word used very rarely by police officers).

This blog post contains a transcript of the answer given to Nigel Hobro by Cllr Phil Davies back in July 2013.

So who knows what’ll happen next in this overly complicated saga? Who knows? Certainly my attempts to make inquiries have been stonewalled (apart from the contracts which I’ve published). However there is an unconfirmed rumour that DCLG (the Department for Communities and Local Government) are going to clawback grant money from Wirral Council in 2014 which could come to a six-figure amount.

So there you have it, nearly everything I know about the BIG/ISUS saga and Wirral Council.

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