What was the First-tier Tribunal decision (EA/2016/0033) on whether Wirral Council should have withheld some of the minutes of the Headteachers’ and Teachers’ Joint Consultative Committee meeting held on the 29th March 2013 in response to a Freedom of Information request?

What was the First-tier Tribunal decision (EA/2016/0033) on whether Wirral Council should have withheld some of the minutes of the Headteachers’ and Teachers’ Joint Consultative Committee meeting held on the 29th March 2013 in response to a Freedom of Information request?

What was the First-tier Tribunal decision (EA/2016/0033) on whether Wirral Council should have withheld some of the minutes of the Headteachers’ and Teachers’ Joint Consultative Committee meeting held on the 29th March 2013 in response to a Freedom of Information request?

                            

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA#47;2016#47;0033)
Tribunal Room 5, 3rd Floor, Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA⁄2016⁄0033 held as a whole day hearing on the 23rd June 2016)

I will start by making a declaration of interest as I was the Appellant in this case heard in June 2016 over in Liverpool.

I finally received a copy of the First-tier Tribunal’s decision in the case involving Wirral Council (EA/2016/0033).

Part of it is dated the 14th July 2016, but for some reason it’s taken nearly two months to send out (presumably because of the summer holidays).

I’ve linked from the decision to the original ICO decision notice FS50596346 published on ICO’s website as it makes more sense in reading both the decision in the First-tier Tribunal case and the ICO decision notice that it’s an appeal from at the same time. I’ve also linked to the edited version of the minutes released by Wirral Council around 3 years after the FOI request was first made (these minutes have been previously published on this blog).

I’ve included in this version the extra line, “On the subject of Acre Lane, David Armstrong is leading an assets review, which includes identifying a new location for the services currently provided at Acre Lane.” which was disclosed during the hearing itself and was part of the redacted part of the minutes.

At the time of writing this decision is not yet published on the First-tier Tribunal’s website but should be in the near future. There may be some minor formatting changes between the version below and the printed version (due to the differences between HTML and the printed page) although the text remains the same.

Missing from the version below is the Royal Coat of Arms on the first page (which I don’t have permission to reproduce).

The below decision (and reasons for it) were received from the First-tier Tribunal by email as I was an Appellant in the case. The other parties were the Information Commissioner’s Office (ICO) (First Respondent) and Wirral Metropolitan Borough Council (2nd Respondent).


ON APPEAL FROM:
The Information Commissioner’s Decision Notice No:
FS50596346

Dated: 25th. January, 2016

Appeal No. EA/2016/0033

Appellant:                 John Michael Brace (“JMB”)
First Respondent:     The Information Commissioner (“the ICO”)
Second Respondent: Wirral Metropolitan Borough Council (“WMBC”)

Before

David Farrer Q.C.

Judge

and

Michael Hake
and
Malcolm Clarke

Tribunal Members

Date of Decision: 7th. Sept, 2016

The appellant appeared in person
The ICO did not attend but made written submissions
Robin Hopkins appeared on behalf of WMBC

Subject matter:

FOIA S. 36(1)(b) and 36(2)(b)(i) and (ii)

Whether the public interest in withholding the requested information outweighed the public interest in its disclosure.

DECISION OF THE FIRST-TIER TRIBUNAL

All parties having agreed that the exemption is engaged, the Tribunal finds that the public interest in withholding such of the requested information as remained in dispute at the hearing outweighs the public interest in its disclosure.

The appeal is therefore dismissed.

Dated this 14th. day of July, 2016
David Farrer Q.C.
Judge [Signed on original]

Relevant Statutory Provisions

FOIA  S.36(1) This section applies to –
 
 
. . . . . .
 
(b) information which is held by (a local authority)
 
 
(2) Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act –
 
. . . . . .
 
(b) Would, or would be likely to, inhibit
 
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purpose of deliberation . . . . .
 

Abbreviations

In addition to those indicated above, the following abbreviations are used in this ruling –

The DN           The Decision Notice of the ICO.

The EIR          The Environmental Information Regulations 2004

The JCC          The Headteachers and Teachers Joint Consultative Committee.

REASONS FOR DECISION

The Background

  1. WMBC is a Metropolitan Borough Council responsible for the education provided by a large number of primary and secondary schools. Like many other local authorities, it is permanently involved in inevitably controversial debates and decisions on educational issues, which arouse the concerns of elected members, teachers and head teachers, parents and the wider general public.
  2. Elected members exercise the extensive powers conferred on public authorities such as WMBC in the field of local education. Public consultation with the different interest groups identified in §1 is, however, essential to the successful functioning of any education authority. For that purpose, WMBC holds a Schools Forum at which the views of all those groups can be aired publicly. It also convenes, once per school term, the JCC, at which elected members discuss with representatives of head teachers’ and teachers’, trades unions matters of current concern. WMBC officers attend. The JCC sits in private and its minutes are circulated only to JCC members.
  3. The request

  4. JMB is a local resident and elector with a keen interest in the governance and the efficient running of WMBC which he pursues using the Hash tag “Scarlet Pimpernel”. On 29th. March, 2013 he issued a request to WMBC for the minutes of previous meetings of twenty – six panels and committees, including “15. Headteachers and Teachers JCC”. It was refused, first by reference to FOIA s.12 (cost of compliance exceeding appropriate limit) and later s.14 (vexatious requests), varied to EIR 12(4)(b).
  5. The ICO’s decision, dated 8th. September, 2014, so far as material to this appeal, was that these exemptions or exceptions could not be relied on and that WMBC must either provide the requested information or issue a response which did not rely on the rejected grounds for refusal.
  6. As regards items 15, 18, 19 and 26, WMBC again refused in a response dated 3rd. September, 2015, citing, as to 15, 18 and 19, the exemption enacted in s.36(2)(b)(i) and (ii). The qualified person whose opinion was obtained was Mr. Surjit Tour, WMBC’s principal legal officer and Monitoring Officer, who was consulted as to 15, 18 and 19 on a number of occasions during August and September, 2014 and whose opinion is dated 31st. October, 2014. The details of that process are immaterial, since JMB now accepts that s.36(2)(b) is engaged.
  7. Section 36 provides a qualified exemption, so that, where it is engaged, the question to be determined is whether the public interest in withholding the information is shown to be greater than the public interest in disclosure.
  8. The DN

  9. Item 26 was disclosed during the ICO’s investigation. He ordered disclosure of items 18 and 19. Disagreements as to the redaction of names on those documents were very sensibly resolved before the hearing of this appeal. As to item 15, the minutes of a JCC meeting on 13th. February, 2013, the ICO upheld WMBC’s reliance on s.36(2)(b) and ruled that the public interest favoured maintaining that exemption. JMB appealed to the Tribunal.
  10. The Appeal

  11. Whilst WMBC’s assessment of these requests may have been initially flawed, Mr. Tour conducted a review of the public interest resulting in disclosure to JMB, on 19th. May, 2016, of an edited version of the relevant JCC minutes of the meeting on 28th. February, 2013, which was just a month before the request. Those minutes were still in draft form at the date of the request. There was no evidence that their final substance differed from the draft in any material respect. Such disclosure was made without prejudice to the contention that a correct view of the balance of public interests had been taken. Disclosure went further at the hearing when the subject matter of the excised portions of the minutes was revealed.
  12. The welcome result of these developments is that the scope of this appeal was greatly narrowed. The Tribunal is concerned with the public interest in withholding or disclosing identified passages from a single set of minutes, whilst having regard to the broader issue whether there are general arguments of principle for either course.
  13. The evidence

  14. Mr. Tour and Mr. Andrew Roberts, a senior financial officer and representative of the Children and Young Persons Department on the JCC gave evidence on behalf of WMBC.
  15. Mr. Tour stated that WMBC’s principal concern was the inhibition of full and frank discussion in the JCC (s.36(2)(b)(ii)). The topics discussed were generally major contentious strategic educational issues on which members of the JCC, approaching them from very different positions, held strong diverging views. It was essential that all concerned, whether elected members or union representatives, should be assured of confidentiality. They participated with that expectation. The principal function of the JCC was to inform WMBC of current concerns among teachers and within their unions. It valued the blunt candour of many contributions, which was not replicated in the Schools Forum, where all participants knew that their words would or might be reported. The disputed extracts from the minutes in question contained robust and candid expressions of opinion, which might not emerge from a meeting known to be on the public record. Council members also expressed vigorous political opinions in the JCC.
  16. As to the modification of WMBC’s position on the minutes, Mr. Tour explained that, a further detailed examination of the minutes, over a period of time, enabled him to take a more liberal view of the public interest in withholding material. The passage of eighteen months was also a factor. However, the withheld passages contained emphatic expressions of opinion which deserved the maintenance of confidentiality.
  17. Mr. Roberts spoke from regular experience of JCC meetings. There was a shared understanding of confidentiality. The main input was generally from trades union representatives. He confirmed the circulation of the minutes, which did not go to Cabinet. He could not say whether they were circulated within the unions. He stated that they were not marked “confidential”.
  18. The topics in recent years have included such controversial issues as the Academy programme, teacher retention, funding of schools and teachers’ pay.
  19. JMB’s case

  20. The public interest in disclosure was plain. The promotion of high standards in maintained schools and decisions as to their conversion into academies were issues of fundamental importance to the community. Transparency was always a vital interest in the conduct of public affairs but nowhere more so than in education, one of the key functions of a local authority.
  21. Any representative of a teaching union should be accountable to his/her members for opinions expressed or demands made at the JCC, the meeting place for teachers and local administrators of education. Likewise, council members should be answerable to their constituents for what they said in this kind of forum. There was no justification for off – the – record exchanges on critical issues between teachers’ representatives and elected members or senior management paid by WMBC.
  22. The absence of any confidentiality marking on the minutes was significant.
  23. Other local authorities, said JMB, published such exchanges, which were evidence of good industrial relations.
  24. The public interest in confidentiality for these meetings was correspondingly slight or non – existent. If union members or councillors were really concerned at the prospect of disclosure of their contributions at the JCC, it was odd that no attempt had been made to adduce direct evidence from them. If there was, indeed, an expectation of confidentiality, it was unjustified and should be removed.
  25. There was no sound reason for members of the JCC to flinch from candour if they knew their words might be recorded in a published document.
  26. The case for WMBC

  27. Confidentiality is essential if the JCC is to function properly. Its value lies in the outspoken expression of views on important and sensitive topics, whether by teachers/ representatives or by elected members. The feedback to local and national government as to teachers’ concerns and sentiment, on an unattributable basis, is of considerable importance.
  28. The requested information may grow less sensitive with the passage of time – witness the revision of WMBC’s position on disclosure. The timing of this request was significant, however. It was made immediately after the relevant meeting and before the requested minutes had even been approved. The “safe space” argument is compelling in this case.
  29. The Reasons for our decision

  30. As indicated above, the sole issue for determination by the Tribunal is the balance of public interests, applying the test cited in §6 as related to this appeal in §9.
  31. It is accepted that the exemption provided by s.36(2)(b) is engaged. Having regard to all the evidence, we conclude that its engagement is dependent on (ii), we conclude that its engagement is dependent on      “the inhibition of the free and frank exchange of views for the purpose of deliberation”
       because, as indicated in §27, we do not think that the JCC is an advisory body.
  32. The public has an obvious interest in knowing how decisions are reached or what advice is given on matters affecting every stage of education, whatever the age of the student. An important issue in this appeal is, therefore, the purpose of the JCC.
  33. It is not a forum for general public debate on educational issues. That function is performed by the aptly named Schools Forum, where the expression of opinions receives appropriate publicity. We were told and we accept that contributions from teachers and councillors tend to be more cautious than in the JCC.
  34. More importantly, the JCC is not an advisory still less a decision – making body. Its function is to permit blunt and fearless exchanges of view, often controversial and sometimes unpredictable. Such exchanges may enable council officers present to warn Cabinet, or possibly the Department of Education, of tensions and strong feelings on important questions such as the role of Academies or the morale of the local teaching profession and to do so without reference to the particular contribution of a member of the JCC. To consult is not to seek advice. The WMBC witnesses stressed the importance to a local education authority of this channel of communication. The Tribunal agrees with their assessment.
  35. JMB argued that any expression of opinion by an elected member of an authority should be accessible to the electorate and that a similar principle applies to the relationship between a trades union representative and those whose interests he/she serves. That may be a reasonable proposition where the member or representative is participating in a decision or in the tendering of formal advice or recommendations intended to influence directly a specific decision. We find that different considerations apply to a consultative committee, whose function is to promote a debate without constraints.
  36. The absence of direct evidence from JCC members as to the expectation of confidentiality is a significant but not a decisive omission. We infer from the evidence of Mr. Roberts and Mr. Tour and from our own experience that such an expectation exists. It is a feature of many bodies in which potentially conflicting interests are convened for the purpose of clarifying their differences and identifying any common ground.
  37. The absence of confidentiality markings would be relevant to questions of the public interest if, but only if, it demonstrated that WMBC’s own practice was inconsistent with its claim that there was a strong public interest in the confidentiality of JCC proceedings. We are inclined to view this rather as an administrative oversight than a reflection of the true expectations of JCC members.
  38. The restricted circulation of minutes is consistent with confidentiality. Plainly, WMBC cannot control their disclosure by a member to fellow teachers but that does not indicate that it has no concerns over publicity.
  39. These are considerations which apply to JCC minutes generally and the Tribunal acknowledges that it must have particular regard to the specific information withheld from the set of minutes with which it is concerned.
  40. We have already observed that the request was made at a time when the minutes were still in unapproved draft form. Although WMBC did not appear to attach much weight to this fact, draft minutes are generally more sensitive than the final approved version. However, this is not a decisive factor in our decision.
  41. One redaction relates to the personal data of a WMBC employee. It is accepted that such data are properly withheld for reasons unrelated to s.36(2).
  42. The other redactions involve firm expressions of opinion and closely related responses on academies, advanced skills teachers, and teachers’ pay and two short references to future changes which would require consultation. In the Tribunal’s opinion, adopting the approach already discussed, they are properly withheld. We do not consider that a Closed Annex is required to deal with them further.
  43. Conclusion

  44. In summary, the Tribunal recognizes the particular importance of transparency in the process of policy – making, locally as much as nationally, in such a vital service as education.
  45. However, we do not regard the function of the JCC as a part of that process, save in the very indirect sense already indicated.
  46. On the other hand, we see a real public value in unconstrained consultation designed to get to the core concerns of teachers, parents and elected members. We accept that the price to be paid for such an airing of opinion is confidentiality.
  47. We acknowledge some public interest in disclosure of the discussions of even a consultative committee but judge that they are clearly outweighed by the interest in maintaining the function of such as the JCC. Absent confidentiality, we conclude that the JCC would either disappear or be reduced to a largely worthless role.
  48. This appeal is therefore dismissed.
  49. Our decision is unanimous.

David Farrer Q.C.
Tribunal Judge,
7th September, 2016



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What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?

What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?

What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?

                                                       

At the outset I will make four declarations of interests.

1) I am the Appellant in this case (EA/2016/0033).
2) My wife was my McKenzie Friend in case EA/2016/0033.
3) I made the original Freedom of Information request on the 29th March 2013.
4) I am referred to by name (Mr. Brace) in paragraphs 1, 4 and 5 of the witness statement of Andrew Roberts.


Hearing: EA/2016/0033
Court/Room: Tribunal Room 5, 3rd Floor
Address: 35 Vernon St, Liverpool, Merseyside L2 2BX
Date/time: 16th June 2016 10:15 am

First-tier Tribunal (Information Rights) (General Regulatory Chamber)
First-tier Tribunal Judge Mr. David Farrer QC
First-tier Tribunal Member Mr. Michael Hake
First-tier Tribunal Member Dr. Malcolm Clarke

Appellant: Mr John Brace
First Respondent: ICO (Information Commissioner’s Office)
Second Respondent: Wirral Metropolitan Borough Council


The below is an incomplete record written up from my handwritten notes made at the hearing. The below does not cover some of the sections when I am speaking due to the difficulties in taking notes as doing that you end up facing the paper you’re writing on.



Continues from What did Andrew Roberts answer to questions about the Headteachers’/Teachers’ Joint Consultative Committee at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?

Surjit Tour’s 11 A4 page witness statement can be read here.


Surjit Tour (Monitoring Officer (Wirral Council)) at the Coordinating Committee held on 15th June 2016
Surjit Tour (Monitoring Officer (Wirral Council)) at the Coordinating Committee held on 15th June 2016

Continue reading “What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?”

What was in the 11 A4 page witness statement of Surjit Tour (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?

What was in the 11 A4 page witness statement of Surjit Tour (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?

                                             

At the outset I will make four declarations of interests.

1) I am the Appellant in this case (EA/2016/0033).
2) My wife was my McKenzie Friend in case EA/2016/0033.
3) I made the original Freedom of Information request on the 29th March 2013.
4) I am referred to by name (Mr. Brace) in paragraphs 1, 5, 6, 8, 9, 11, 13, 14 and 15 of the witness statement of Surjit Tour.
5) My profession ("local press") is referred to in paragraph 27.

This continues from two earlier blog posts headlined What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013? and What was in the 5 A4 page witness statement of Andrew Roberts (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?.

Line breaks are indicated by a double horizontal line break. A picture of Surjit Tour at a public meeting of Wirral Council’s Coordinating Committee from the 15th June 2016 is below so people reading know who I’m referring to. I have included his signature, typed name and handwritten date at the end of the witness statement as an image.

Surjit Tour (Monitoring Officer (Wirral Council)) at the Coordinating Committee held on 15th June 2016
Surjit Tour (Monitoring Officer (Wirral Council)) at the Coordinating Committee held on 15th June 2016

Continue reading “What was in the 11 A4 page witness statement of Surjit Tour (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?”

Surjit Tour asks Wirral councillors to agree to changes to how complaints about councillors are dealt with

Surjit Tour asks Wirral councillors to agree to changes to how complaints about councillors are dealt with

                                       

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Surjit Tour (Monitoring Officer, left) speaking at the Standards and Constitutional Oversight Committee meeting of Wirral Council on the 2nd June 2016 Right Cllr Denise Roberts (Chair)
Surjit Tour (Monitoring Officer, left) speaking at the Standards and Constitutional Oversight Committee meeting of Wirral Council on the 2nd June 2016 Right Cllr Denise Roberts (Chair)

As I am referred to at this meeting because of an email I wrote to the Committee and others I will declare an interest at the outset. I will also declare an interest as a paid member of the press who are referred to in a report that was agenda item 4.

The public meeting of Wirral Council’s Standards and Constitutional Oversight Committee was a special meeting held in Committee Room 3 at Wallasey Town Hall without microphones.

The following councillors were present: Cllr Eddie Boult (Conservative) deputy for Cllr Gerry Ellis (Conservative), Cllr David Elderton (Conservative), Cllr Chris Blakeley (Conservative spokesperson), Cllr Denise Roberts (Labour Chair), Cllr Moira McLaughlin (Labour), Cllr Ron Abbey (Labour), Cllr Jean Stapleton (Labour) deputy for Cllr Brian Kenny (Labour), Cllr Paul Stuart (Labour) and Cllr Phil Gilchrist (Liberal Democrat spokesperson).

There were also two independent people on the Standards and Constitutional Oversight Committee present who were Brian Cummings and Professor Ronald Jones.

Wirral Council officers present were Surjit Tour and Shirley Hudspeth.

Present from the press & public were myself and Leonora Brace.

The new Chair (Cllr Denise Roberts) welcomed people to the first meeting of the Standards and Constitutional Oversight Committee of the municipal year.

Apologies were given for Cllr Gerry Ellis (Cllr Eddie Boult was deputy for him) and Cllr Brian Kenny (Cllr Jean Stapleton was deputy for him).

No interests were declared. The minutes of the previous meeting of the Standards and Constitutional Oversight Committee held on the 23rd November 2015 were approved and also approved were the minutes of the Standards and Constitutional Oversight Working Group held on 24 February 2016.

The Committee then considered its main item (item 4 Appointment of Panels), which had a report of Mr Surjit Tour (Monitoring Officer) on establishing the Standards Panel and Standards Appeal Panel, appendix 1 (the Code of Conduct for councillors at Wirral Council), appendix 2 – the protocol for investigating and making decisions on complaints made alleging breach/breaches of the Code of Conduct, appendix 3 – an extract from Wirral Council’s constitution about the Standards and Constitutional Oversight Committee and appendix 4 – a proposed procedure for meetings of the Standards Panel and Standards Appeal Panel.

Mr Tour started by addressing some of the points raised in my email which you can read in an earlier blog post here.

He said the following, “Yes, I’ll introduce that report for you Chair.

If it helps Chair, shall I address the email from Mr. Brace at the back who has provided an email to us all with regards to a couple of procedural points that he’s raised if you’re content with me to do that before I respond and deal with the report?

Essentially there are three points that Mr. Brace has raised.

One is in relation to the supplementary agenda, the report that you have before you not being circulated with the original initial agenda, but that was the reason for that, we were still in the process of trying to co-ordinate dates for the Standards Panel which we need to establish and there was a slight delay in terms of getting the finalised date.

I can confirm that there is a date that has now been confirmed and I’ll come onto that as part of the substantive item. So that was the reason for why the report was not published because I wanted to actually provide you with a date as part of ??? rather than leave you with a outstanding issue.

Unfortunately that caused a difficulty with regards to the date when I published the supplementary agenda despite our efforts to try and provide the full report to you in terms of the date that a particular Panel would meet.

With regards to concerns around errm the article 6 arguments or the section 6 arguments and Article 10 provisions that have been referred to, errm the Protocol and the paragraph within the Protocol paragraph 12.5, simply requires anyone who’s involved in the investigation is being advised not to share information with the press or media rather than go through our Press Office purely because any investigation it’s important that the integrity of the investigation is maintained and if information appears provided in the public domain, it could have the effect of prejudicing the investigation.

It is only an advisory point, individuals are entitled to ignore that advice if they so wish, but they do so in the knowledge that they could potentially jeopardise an investigation.

So if you’re a complainant you could find that the subject councillor is prejudiced because you could bring about a potential conclusion of the investigation prematurely and clearly if it’s a subject councillor again could find themselves bringing the Council into disrepute by not adhering to appropriate advice and undermining the ethical framework.

So paragraph 12.5 in the first instance specifically makes reference to anyone involved in the investigation, who will be advised, it doesn’t require and doesn’t say that they are prohibited from sharing information in the public domain and clearly they would be advised against that.

So I don’t believe that provision in any shape or form either contravenes either section 6 or indeed article 10.

With regards to the constitutional changes, with regards to paragraph 7 of the Access to Information Rules, we’re aware of that change. It was an oversight and you know in previous reviews the Standards Working Group of this Committee when it meets in July, if you’re minded to re-establish the Standards and Constitutional Oversight Working Group again. One of its tasks will be to again review the full ethical framework and see if there any constitutional changes that are required and so I’m grateful to Mr. Brace to raise that, we’ll be aware that that change needs to take place and the constitutional amendment and that will take place as part of the Standards Working Group Working Program if you’re minded to re-establish it, if not then I’ll bring a separate report requiring that change to be made in relation to Council be made for that amendment to be made to the Constitution accordingly.

Thank you Chair, with regards to the substantive matter before you, the purpose of this meeting is to establish or for the Committee to establish formally the Standards Panel and the Standards Appeal Panel which all form part of the arrangements for dealing with standards complaints under paragraph 9.5 of article 9 of the Council’s constitution.

You’ll find in the report I’ve attached a number of appendices, there is information on article 9 of the constitution, which effectively sets out the constitutional framework for both panels and that’s in the first agenda document that we’ve got. Can I refer you to page 11 of the original agenda and in particular if you turn to page 13 and 14 and ?? onwards you will have the terms of reference of both the Standards Panel and the Standards Appeals Panel setting out not only its composition, but also its scope, remit and indeed its authority in terms of any sanctions that may be imposed.

So the purpose of this Committee is really to establish formally those two panels, not least because there is a particular matter that needs to be considered by the Standards Panel and therefore this Committee by formally establishing those enables the particular Standards Panel to be progressed to the first meeting of the Standards Panel.

With regards to that particular Panel meeting, we have canvassed dates. It has been a matter that has been long-standing in terms of both its progression, but we have now managed to secure a convenient date for a number of parties who need to be attending including at least one of our independent members and the date that is now available for that Standards Panel to meet is Tuesday 28th June at 6.00pm. There is also the possibility of a further date of the following day the 29th of June which I would suggest that we keep that date as a hold over provisional date that if we’re not able to conclude matters on Tuesday evening, we are in a position to adjourn to the following day where all the parties who are required are also available for Wednesday the 29th.

I’m not anticipating the matter having to extend to a second day, but it would be prudent now that we have a date to hold both days indeed if that we need them.

So Chair, the report itself sets out the position, I would like to just remind all people to bring to the attention of everyone the procedure, suggested procedure in appendix 4 of the supplement which sets out the suggested procedure for how matters will be dealt with by either the Standards Panel or indeed the Standards Appeals Panel.

As essentially an indicative process or procedure that would be followed. There is the discretion here for the Chairperson of the Panel to vary the ??? procedure if it’s necessary in the interests of fairness to all parties I understand, but it’s anticipated that following the process there will be making it ??? who needs to have whose views need to be sought, have the opportunity to share those thoughts with the Panel before the Panel considers its position with regards to the standards matter and also goes so far as to deal with if they do uphold and find that there is a breach, also then to address the issue of any sanctions if any that it thinks are appropriate.

So your approval is also sought in respect of that decision.”

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Do you want to know what 10 redacted legal invoices (6 on employment matters) paid by Wirral Council state?

Do you want to know what 10 redacted legal invoices (6 on employment matters) paid by Wirral Council state?

Do you want to know what 10 redacted legal invoices (6 on employment matters) paid by Wirral Council state?

                                                                         

10 invoices for legal work (6 involving HR) to Wirral Council

As had written before that I’d publish some legal invoices relating to Wirral Council’s HR function, which I requested as part of the 2013/14 audit.

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1 Committee: HR

The first (two A4 pages) is from Sharpe Pritchard (numbered 14), transaction 202652 from 2nd May 2013 for £25,698.

It’s dated 31st March 2013 and is for legal services in the matter of:- (the rest is blacked out) in the period January to March of 2013 totalling £15,540.

It carries over to a second page where it states it’s also for Counsel’s fees of £5,875 in the (blacked out) hearing.

These two amounts total £21,415.00. VAT of £4,283.00 is then added making a grand total of £25,698.00.

Sharpe Pritchard Invoice 1 Page 1 of 2 2nd May 2013 £25698 legal services HR Wirral Council
Sharpe Pritchard Invoice 1 Page 1 of 2 2nd May 2013 £25698 legal services HR Wirral Council
Sharpe Pritchard Invoice 1 Page 2 of 2 2nd May 2013 £25698 legal services HR Wirral Council
Sharpe Pritchard Invoice 1 Page 2 of 2 2nd May 2013 £25698 legal services HR Wirral Council

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2: Committee HR

The next is also a two A4 page invoice, this time from Tim D N Kenward of 7 Harrington Street Chambers. It was dated 19th April 2013 and Wirral Council is the defendant in the case of Gregory Eyitene v Wirral Metropolitan Borough Council. It is for £900 and relates to 19 pages of written advice and an amended draft letter (3 pages) that took 6 hours.

It also relates to a previously paid invoice of £1875.00 for an 18 pages submission on grounds of appeal, plus advice by telephone, email, perusal of documentation with regards to disciplinary proceedings.

This totals to £750 (£125/hour * 6) + VAT of £150 = £900. Colin Hughes was the solicitor at Wirral Council that dealt with this matter and the file reference is CJH/LHRAM/25270.

Tim D N Kenward Invoice 2 Page 1 of 2 7 Harrington Street Chambers 19th April 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £900 written advice draft letter
Tim D N Kenward Invoice 2 Page 1 of 2 7 Harrington Street Chambers 19th April 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £900 written advice draft letter
Tim D N Kenward Invoice 2 Page 2 of 2 7 Harrington Street Chambers 19th April 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £900 written advice draft letter
Tim D N Kenward Invoice 2 Page 2 of 2 7 Harrington Street Chambers 19th April 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £900 written advice draft letter

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3: Committee HR

This is also a two A4 page invoice of Tim D N Kenward of 7 Harrington Street Chambers. It was dated 19th June 2013 and Wirral Council is the defendant in the case of Gregory Eyitene v Wirral Metropolitan Borough Council. It is for £3,660.00.

This is for:
Skeleton argument 5 hours preparation £750 + VAT (£150) = £900
List of authorities and paginated bundle of authorities and letter to Employment Appeal Tribunal 2 hours £300 + VAT (£60) = £360
Brief on hearing listed and prepared for preliminary hearing – Prep 10 hours, travel 4 hours, waiting 15 minutes hearing 2 hours 15 minutes £2,000 + VAT (£400) = £2,400

Total: £3,660.00.

Tim D N Kenward Invoice 3 Page 1 of 2 7 Harrington Street Chambers 19th June 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £3660 skeleton argument authorities Employment Appeal Tribunal
Tim D N Kenward Invoice 3 Page 1 of 2 7 Harrington Street Chambers 19th June 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £3660 skeleton argument authorities Employment Appeal Tribunal
Tim D N Kenward Invoice 3 Page 2 of 2 7 Harrington Street Chambers 19th June 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £3660 skeleton argument authorities Employment Appeal Tribunal
Tim D N Kenward Invoice 3 Page 2 of 2 7 Harrington Street Chambers 19th June 2013 Gregory Eyitene v Wirral Metropolitan Borough Council £3660 skeleton argument authorities Employment Appeal Tribunal

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4: Committee EDU

This is an invoice from Sharpe Pritchard dated 18th July 2013 for £10,080. This is for legal services from April to May 2013 in the matter of (blacked out).

Sharpe Pritchard Invoice 4 Page 1 of 1 18th July 2013 £10080 legal services April to May 2013
Sharpe Pritchard Invoice 4 Page 1 of 1 18th July 2013 £10080 legal services April to May 2013

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5: Committee HR

This is an invoice from Jonathan Manning of Arden Chambers for £1,800 dated 26th July 2013. This is for 6 hours of advice given on the 8th March 2013 @ £250/hour (+VAT) in a “Determination of Employment” matter involving Wirral Metropolitan Borough Council. The blacked out bit of the line after DX 33016 is “CARDIFF”.

It appears a duplicate of invoice 6 but with more redaction.

Jonathan Manning Invoice 5 Page 1 of 1 Arden Chambers 26th July 2013 £1800 advice determination of employment
Jonathan Manning Invoice 5 Page 1 of 1 Arden Chambers 26th July 2013 £1800 advice determination of employment

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6. Committee HR

This is an invoice from Jonathan Manning of Arden Chambers for £1,800 dated 26th July 2013. This is for 6 hours of advice given on the 8th March 2013 @ £250/hour (+VAT) in a “Determination of Employment” matter involving Wirral Metropolitan Borough Council.

It appears a duplicate of invoice 5 but with more redaction.

Jonathan Manning Invoice 6 Page 1 of 1 Arden Chambers 26th July 2013 £1800 advice determination of employment
Jonathan Manning Invoice 6 Page 1 of 1 Arden Chambers 26th July 2013 £1800 advice determination of employment

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7. Committee ???

This is an interim invoice for £1,598.40 (including VAT) from Wilkin Chapman LLP. It was dated 16th October 2013 and is for advice to Wirral Council’s Monitoring Officer in August 2013.

Charges
It includes £1,190 (+VAT £238.00) total £1,428.00

Expenses
It includes an amount of £11.60 (+VAT of £2.30) total £13.80 for subsistence.
It also includes expenses for £130.50 (+VAT of £26.10) total £156.60. However the reason for this £156.60 is blacked out.

Wilkin Chapman LLP Invoice 7 Page 1 of 1 16th October 2013 advice to Monitoring Officer in August 2013 subsistence expenses £1598 40p
Wilkin Chapman LLP Invoice 7 Page 1 of 1 16th October 2013 advice to Monitoring Officer in August 2013 subsistence expenses £1598 40p

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8. Committee ENV

This is an invoice for £607.50 from Ruth Stockley of Kings Chamber for email advice (2.25 hours). She charges £225/hour (+VAT). The invoice dated 19th November 2013 and it’s to do with a planning case.

Ruth Stockley Invoice 8 Page 1 of 1 Kings Chambers 19th November 2013 email advice planning £607 50p
Ruth Stockley Invoice 8 Page 1 of 1 Kings Chambers 19th November 2013 email advice planning £607 50p

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9. Committee HR

This is an invoice for £2,220.00 from Tim D N Kenward of 7 Harrington Street Chambers. It was dated 7th January 2014. Wirral Metropolitan Borough Council is the defendant.

It is for the following:

9/12/13 Respondents Notice (8 pages) £350
20/12/13 Skeleton Argument (19 pages) 4 hours £750
3/1/14 Written advice (11 pages)
Notice of application (2 pages)
Draft order (2 pages)
Statement in support of application (10 pages)
Total 4 hours £750

Total £1850
VAT £370

Total Due £2,220

Tim D N Kenward Invoice 9 Page 1 of 1 Harrington Street Chambers 7th January 2014 respondent s notice skeleton argument written advice notice of application draft order statement in support of application £2220
Tim D N Kenward Invoice 9 Page 1 of 1 Harrington Street Chambers 7th January 2014 respondent s notice skeleton argument written advice notice of application draft order statement in support of application £2220

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10.

This is an invoice for a 1 year subscription from 2/4/14 to 1/4/15 for “Law of Food & Drugs” from LexisNexis. Invoice was dated 3rd March 2014 and is for £1659.

LexisNexis Invoice 10 Page 1 of 1 Law of Food and Drugs 1 Year subscription £1659
LexisNexis Invoice 10 Page 1 of 1 Law of Food and Drugs 1 Year subscription £1659

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