A Martian tries to understand the incredible Lyndale School situation

A Martian tries to understand the incredible Lyndale School situation

A Martian tries to understand the incredible Lyndale School situation

                                                  

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

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. When the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 come into force in October, we’ll probably rely on them too and the new section 30A on parody.

JOHN BRACE: Thanks for agreeing to be interviewed about Lyndale School.

MARVIN THE MARTIAN: You’re welcome. We have watched your news broadcasts about this school and are frankly confused. Back on Mars we would be asking our politicians to resign if they behaved as yours do. Why do your politicians think they can get away with being like this?

JOHN BRACE: Well they don’t operate under Martian law for a start. British law gives them wide latitude to do what they like within reason.

MARVIN THE MARTIAN: Well our politicians always tell us they’re on the side of the people, how come yours aren’t?

JOHN BRACE: Well that’s difficult to say. The yellow, blue and green politicians have said they are. The red ones are being careful not to express an opinion.

MARVIN THE MARTIAN: “Not to express an opinion”! If we had politicians like that it would spark a revolution!

JOHN BRACE: We’re too polite for revolutions here, the most the British tend to do if they’re cross is write a grumpy letter.

MARVIN THE MARTIAN: Does that work?

JOHN BRACE: Sometimes.

MARVIN THE MARTIAN: So getting back to Lyndale, can you explain it simply in terms we can understand?

JOHN BRACE: If someone could they would have. Money is taken off the people in the form of taxes. These taxes are then used for services such as education and schools such as Lyndale.

MARVIN THE MARTIAN: Yes, we have schools for our young Martians too.

JOHN BRACE: The politicians decide how the money is spent and what on. They’ve decided to spend it on Lyndale this year, but have yet to make their minds up about next year.

MARVIN THE MARTIAN: So what’s changed?

JOHN BRACE: Well, there’s been a consultation about closing the school. This is because of lack of money, but everyone’s also been told it won’t save any money and could in fact cost more.

MARVIN THE MARTIAN: That sounds very confusing.

JOHN BRACE: It is. The other reason given is that the school is small.

MARVIN THE MARTIAN: What’s the problem with small schools then?

JOHN BRACE: Seems the bureaucrats don’t like them. More schools means more problems for them.

MARVIN THE MARTIAN: So this is being done to suit the bureaucrats?

JOHN BRACE: Well no, the politicians decided on this.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Because the bureaucrats told them too.

MARVIN THE MARTIAN: These bureaucrats sound like they have more power than the politicians.

JOHN BRACE: Well we’ll leave that discussion for another day. The bureaucrats blame it on the government.

MARVIN THE MARTIAN: What’s “the government”?

JOHN BRACE: Another set of politicians.

MARVIN THE MARTIAN: So let’s recap, one set of politicians “the government” is used as a reason by the bureaucrats to persuade another set of politicians to close the school?

JOHN BRACE: Almost right, but “the government” deny that they want to close the school.

MARVIN THE MARTIAN: I’m confused again.

JOHN BRACE: So am I.

MARVIN THE MARTIAN: Wouldn’t it be easier if we just invaded Wallasey Town Hall and promised not to close the school?

JOHN BRACE: Maybe it would, but sadly as you’re a fictional character it won’t happen.

MARVIN THE MARTIAN: A shame, I was looking forward to invading your planet. So going back to Lyndale, apart from confusing arguments about money and its small size is there any other unstated reason why they want to shut it?

JOHN BRACE: Well the person in charge of special educational needs left and a new guy came in. Some people don’t like him.

MARVIN THE MARTIAN: Why don’t they like him?

JOHN BRACE: For a wide variety of reasons I won’t go into because it’ll probably lead to another libel threat.

MARVIN THE MARTIAN: What’s that?

JOHN BRACE: Where Wirral Council threaten to sue you for telling the public the truth.

MARVIN THE MARTIAN: Can they do that?

JOHN BRACE: No they can’t, our laws don’t allow it but sometimes they get a little cheesed off with me.

MARVIN THE MARTIAN: Why would they have issues with someone telling the truth about them?

JOHN BRACE: Because they have been known in the past not to tell the truth, if the public hears two mutually contradictory versions of the same thing they tend to assume Wirral Council is lying.

MARVIN THE MARTIAN: So why would they lie?

JOHN BRACE: The less the public know about what goes on, the easier it is for them to do things. If the public do find out they can get quite grumpy and ask the politicians to do something about it.

MARVIN THE MARTIAN: Ahh, so the public have been asking the politicians to do something about Lyndale?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: So if the red politicians are so gung-ho about closure that must mean lots of people have asked them to close it?

JOHN BRACE: No, quite the opposite the majority of people have told the red politicians not to close it.

MARVIN THE MARTIAN: I’m confused again, I thought the politicians were supposed to be on the side of the people.

JOHN BRACE: Well you’d hope so, but not always. Generally the public don’t get a say in political decision-making, it all gets carved up by the establishment.

MARVIN THE MARTIAN: And who or what are the “establishment”?

JOHN BRACE: People with the connections to make sure the decision-making always goes their way.

MARVIN THE MARTIAN: Wow, they sound very powerful.!

JOHN BRACE: They are.

MARVIN THE MARTIAN: So why don’t the “establishment” just listen to the people?

JOHN BRACE: Well in public they say they do, in private things are a little more complex. Sometimes different sections of the public ask for two completely different things.

MARVIN THE MARTIN: So they have to use their own judgement on matters?

JOHN BRACE: Yes, but getting back to Lyndale.

MARVIN THE MARTIAN: Ahh yes Lyndale. You have red, green, blue and yellow politicians who individually don’t seem to understand the “big picture”.

JOHN BRACE: Yes.

MARVIN THE MARTIAN: And who all say they’re on the side of the public?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: The green, blue and yellow politicians all say they’ll do their best with Lyndale knowing it’s only the red politicians that will decide?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: The red politicians are doing this because the bureaucrats told them that they’d have to because of a different set of blue and yellow (but not green) politicians?

JOHN BRACE: Sort of.

MARVIN THE MARTIAN: But it’s not about money.

JOHN BRACE: Different answers have been given to that one.

MARVIN THE MARTIAN: So what is it really about?

JOHN BRACE: Well the school is for disabled children, some of whom thankfully have a sense of humour and laugh at all this.

MARVIN THE MARTIAN: Good for them, but it’s no “laughing matter”?

JOHN BRACE: You got it it’s a very serious matter.

MARVIN THE MARTIAN: So why don’t they just let the children decide?

JOHN BRACE: It’s a novel suggestion, but the red politicians wouldn’t allow it no.

MARVIN THE MARTIAN: Is there another reason why the red politicians could be doing it this way?

JOHN BRACE: Well another red politician called Alison is in a battle with the blues to carry on as a politician.

MARVIN THE MARTIAN: So is she on the side of the reds or the people?

JOHN BRACE: She would say both. However it would be breaking the rules to use such issues for party political gain.

MARVIN THE MARTIAN: But that could explain why the red politicians are keeping quiet?

JOHN BRACE: The red politicians just do what they’re told.

MARVIN THE MARTIAN: By who?

JOHN BRACE: The red leader and the Cabinet Member.

MARVIN THE MARTIAN: Why?

JOHN BRACE: Because if they didn’t, they’d be causing trouble and nobody wants to be seen to rock the boat.

MARVIN THE MARTIAN: So they have to vote for something they may not personally agree with?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Sounds strange, I thought they were supposed to represent the people.

JOHN BRACE: At election time yes, but they also represent their party too.

MARVIN THE MARTIAN: So what will happen about Lyndale?

JOHN BRACE: A solution will have to be found that means the red politicians save face.

MARVIN THE MARTIAN: What does that mean?

JOHN BRACE: Well they will need to both blame what’s happened on someone (something they’ve had a lot of practice doing) and come out of it smelling like roses.

MARVIN THE MARTIAN: But the public think something stinks?

JOHN BRACE: Yes they do, but as I said before the public aren’t the establishment.

MARVIN THE MARTIAN: I see, so it’s terribly complicated isn’t it? The blue, green and yellow politicians can say what they like because they don’t make the decisions. The red politicians do make the decision but won’t talk. The bureaucrats have told the red politicians it’s all the blue and yellow politicians’ (but not green politicians’) fault. The shadowy “establishment” always gets its own way and basically the wishes of the children, staff, public are pushed to one side and politely ignored?

JOHN BRACE: In a nutshell, but it’s a little more complicated than that. There’s also a group called the media or press that is powerful too.

MARVIN THE MARTIAN: Ahh, you haven’t mentioned them yet!

JOHN BRACE: Well I’m part of them so I have. The broadcast (TV), print (newspaper), online (blogs) have all decided to side with the school.

MARVIN THE MARTIAN: Why’s that?

JOHN BRACE: Well the media don’t have to give reasons, but they think the politicians are being unfair by picking on people that can’t stick up for themselves.

MARVIN THE MARTIAN: But they are!

JOHN BRACE: That’s a matter of opinion.

MARVIN THE MARTIAN: Only a coward would pick on someone that couldn’t fight back.

JOHN BRACE: Indeed. However the media are powerful because they influence how people think.

MARVIN THE MARTIAN: Ahh, including the politicians, the establishment, the bureaucrats and the people.

JOHN BRACE: Yes, however there are wider international considerations too. Nobody wants another war.

MARVIN THE MARTIAN: Why would picking on disabled kids and closing a school start a war?

JOHN BRACE: On its own no, but pandering to society’s prejudices towards the disabled, coupled with the purple party talking about immigration and other factors could.

MARVIN THE MARTIAN: Ahh there’s a purple party too!

JOHN BRACE: Yes but they really don’t feature in this tale. They have politicians at the European level but not national or local.

MARVIN THE MARTIAN: Good as we’re starting to run out of colours.

JOHN BRACE: As I was saying, the fragmentation of society by playing off people against each other and scapegoating minorities leads eventually to war.

MARVIN THE MARTIAN: Oh dear. Has that happened before?

JOHN BRACE: Yes. Many times which is why measures were put in place to prevent things getting to that stage.

MARVIN THE MARTIAN: So will these “measures” prevent Lyndale being closed?

JOHN BRACE: Who knows? We’ll just have to wait and see.

Continues at A Martian tries to understand the incredible Lyndale School situation (episode 2).

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“Money that the service users have left over is given to ?, for the service users to have a nice grave when they pass away”

Money that the service users have left over is given to ?, for the service users to have a nice grave when they pass away”

“The money that the service users have left over is given to (name blacked out), for the service users to have a nice grave when they pass away.”

                           

Continuing from yesterday’s publication of the appendices to the Anna Klonowski Associates report the next Adult Protection Strategy Meeting at pages 336-337 has one of the most chilling lines I’ve ever read in minutes of a meeting which is “The money that the service users have left over is given to (name blacked out), for the service users to have a nice grave when they pass away.” This is from August 2005, but it shows a shocking attitude of one of the people present who seems to almost go as far as wishing people with a learning difficulty dead!

The full shocking minutes of the meeting referred to are below.

Metropolitan
Borough of Wirral

Adult Protection Subsequent Strategy Meeting

Name of Victim: Newhaven Care Care Home

Time/Date: 14:30pm, 03rd August 05

Chair: (name blacked out) Service Manager
Introductions: (name blacked out) Inspector, CSCI
(name blacked out) FSU, Bebington
(name blacked out) Minutes, Adult Protection

Apologies: (name blacked out) Team Manager, Contracts Department

Minutes from previous meeting

Agreed

Actions from previous meeting – progress reports

1. (name blacked out) to check whom and if the service users are allocated to and to what team the social workers are from.

(name blacked out) to chase this up.

2. CSCI to investigate financial affairs. An inspection will occur were and the current set up for managing service users finances will be looked at.
A CSCI investigation took place and (name blacked out)’s finances were looked over. There is no evidence of any financial abuse. The resident’s fees are paid into (name blacked out)’s account. (name blacked out) takes his fee and then gives the residents their £18.50. (name blacked out)’s in and out balance are all up to date.
The new accounts have been opened for the residents they will receive the interest on there accounts. CSCI feel this is good practice on the service users behalf.
The money that the service users have left over is given to (name blacked out), for the service users to have a nice grave when they pass away.

3. It was felt to prevent any suspicions being raised by (name blacked out), Halifax will open the accounts. The accounts will be carefully monitored.

Accounts have now been open; Halifax will monitor and inform Adult Protection if an incident occurs.

4. (name blacked out) to liaise with (name blacked out) and inform of new meeting and request that (name blacked out) chairs the meeting as (name blacked out) is on leave.

(name blacked out) was unable to chair the meeting; therefore (name blacked out) chaired the meeting in place of (name blacked out).

Update:

Police – Satisfied that this is not criminal and that (name blacked out) has done this for the right reasons not the wrong reason.

Social Services – Better practises need to be put in place in managing finances for people with learning difficulties.

Is investigation complete or are further actions required

Further actions will be needed.

Summary of further action plan

1. (name blacked out) to liaise with (name blacked out) and FLO’s team in relation to putting practise in place.

2. (name blacked out) to develop the practise and then this will be circulated to all care homes who will be expected to comply.

Date and time of next meeting

No further action for Adult Protection, case closed.

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Cllr Simon Mountney: “Now I don’t know, I’ve asked, no one will tell me what the issue was that caused that employee to be paid that large amount of money”

Cllr Simon Mountney: “Now I don’t know, I’ve asked, no one will tell me what the issue was that caused that employee to be paid that large amount of money”

Cllr Simon Mountney: “Now I don’t know, I’ve asked, no one will tell me what the issue was that caused that employee to be paid that large amount of money”

                           

Continuing from yesterday about last week’s Audit and Risk Management Committee meeting, Cllr Simon Mountney’s further comments start at 24:22 in this video clip and continue in the clip below.

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Cllr Mountney said, “Chair, thank you. Chair your comments about fraud are interesting because I don’t know of one councillor that would not support an employee who followed the procedures, made the decision but got it wrong. I think that’s what happens I hear every day of the week that’s important.

Perhaps they need training, perhaps they need guidance, whatever they need but not one councillor I don’t think has called for that person to be sacked, or fired or disciplined as they have with other council employees in the past and that’s the difference.

Steve you had an analogy about people given legal advice that you found yourself up against all this legal advice. That was probably because you’d done something wrong.”

Cllr Steve Foulkes said “I got divorced.”

Cllr Simon Mountney continued, “Whatever the case may be, it’s difficult to prove a wrong. You can get away with something, you can prove an innocent but you can’t prove a wrongdoing err the main reason you can’t frame people because now people find out about it down the line.

No one’s calling for employees to be dragged out and flogged publicly for making mistakes. That’s not what we’re asking for. Importantly as if you like a director of this company being a councillor, I want to learn the lessons that need to be learnt so that we can improve it.

Now, what we’re not doing is that process. An employee of this Council has just been paid tens of thousands of pounds for something that was done to them. Now I don’t know, I’ve asked, no one will tell me what the issue was that caused that employee to be paid that large amount of money. How can we therefore learn the lessons? We’re not. So page after page after page has been written here to say we did wrong and we’re improving. No we’re not, because we’re not learning the lessons which have been learnt clearly from all these issues because we’re still doing it!

Please somebody tell me that the level of rigour, robustness and due diligence was in force against the payment of that large amount of money recently to a Council employee as is being applied to the Martin Morton issue, because I tell you that is impossible, impossible!? Two years that process has been gone one, two years! He’s been dragged through every last ditch, the man is at the edge and hang on, I haven’t finished, I’ve not said anything that’s wrong.

He’s been dragged through every ditch, he is at the end and yet we can find a large amount of money to pay for an individual in this Council within what appears to be, appears to be weeks. Now that same level of robustness and diligence cannot have been applied to that case as indeed applies to Martin Morton and therefore your comments about I want everyone to be treated the same is not happening in this Council! All these lessons which we’re supposed to have learnt, not one! Thank you.”

Cllr Jim Crabtree (Chair): “Surjit would like to come in.”

Surjit Tour, head of Legal and Member Services said, “I would advise it’s not appropriate for Members to discuss or go into detail about any particular case and I appreciate what Cllr Mountney has said.

What I would say however, I agree with Mr. Morton, he has legal advice, he has a legal adviser and matters are being dealt with through his solicitors.”

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