Will 9 councillors tonight recommend better scrutiny of Wirral Council?

Will 9 councillors tonight recommend better scrutiny of Wirral Council?

Will 9 councillors tonight recommend better scrutiny of Wirral Council?


Tonight, it’s a special meeting of Wirral Council’s Standards and Constitutional Oversight Committee (yes Wirral Council and standards in the same sentence does cause most people to smile). So what’s it about?

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 (which was one of the scrutiny committees abolished last year) held on 15th June 2016

Well last year, Wirral Council decided to save money by having less scrutiny (reducing the scrutiny committees by one). Considering the £millions extra that had to be spent to put a sticking plaster on matters as a result of poor scrutiny and the OFSTED report (which amplified some milder criticisms in the peer review), one wonders with hindsight whether it was both a false economy and a lost opportunity to move towards a better system of scrutiny.

As it states in Surjit Tour’s witness statement (I’ve altered it to the past tense), “the Council had four Policy and Performance Committees that discharge the Council’s overview and scrutiny function.” even though by the time I cross-examined him we both agreed that Wirral Council councillors (albeit bitterly opposed by opposition councillors) had by then recommended to scrap one and have three.

Interestingly the result of that First-tier Tribunal was that the judiciary decided there that Mr. Tour’s decision-making was flawed.

If you read that decision and the OFSTED report together, I wonder if the outcome of the First-tier Tribunal hearing would’ve been different had I had the benefit of that OFSTED report at the time.

Tonight’s meeting, the papers are on Wirral Council website tries to remedy a theme that runs through that First-tier Tribunal decision, the OFSTED report and that that was raised by opposition councillors last year when Labour proposed and then decided on less scrutiny.

I will also make an educated guess that the Improvement Board (which doesn’t appear to meet in public or publish its minutes as far as I can see) decided that the issues expensively identified by Anna Klonowski Associates have never been addressed in any sort of permanent way.

In fact it’s telling that the parting recommendation of the previous Improvement Board (a recommendation endorsed by many of Wirral Council’s committees) for more independent scrutiny, was then vetoed by Cllr Phil Davies. Interestingly his rationale was that Wirral Council would have a combined audit & auditor panel committee, then… yes you’ve guessed it for cost reasons councillors decided later not to!

If I remember correctly, the government are making it a legal requirement that the Combined Authority Scrutiny Committee is chaired by a councillor from a different party, yet Wirral Council has for a number of years considered that scrutiny of Labour councillors is best done by committees chaired by yes it doesn’t take much guessing Labour councillors.

So what is tonight really about?

Well the decision taken last year by Labour councillors is now seen as flawed in light of the OFSTED report.

Labour now propose doing a U-turn and splitting the People Overview and Scrutiny Committee into two new committees. The two new committees will be the Adult Care and Health Overview & Scrutiny Committee and the Children and Families Overview & Scrutiny Committee.

It looks likely that the Children Sub Committee and Health & Care Performance Panel will both be scrapped.

Whether the new scrutiny arrangements will work or whether I’ll be writing next year about a further change to Wirral Council’s scrutiny arrangements who knows?

In the great tradition of Wirral Council, councillors will meet and make no decision tonight, only a recommendation (effectively to all councillors) to then make a decision next month.

Which means nothing will change for at least a further 3-4 weeks.

Plus ça change, plus c’est la même chose!

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Council (Extraordinary) (Wirral Council) 30th April 2013 Revisions to the Constitution Cllr Phil Davies (Labour) speaks for the revisions | Cllr Jeff Green (Conservative) against

Part two of a report on the sixth item of the Council’s Extraordinary meeting of the 30th April 2013 | Revisions to the Constitution | Cllr Phil Davies speaks for and Cllr Jeff Green against | Also HD video

Continued from Council (Extraordinary) 30th April 2013 Declarations of Interest, Mayor’s Communications, Petitions, Minutes, Leader’s Announcements.

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Council (Extraordinary) Meeting, Council Chamber, 30th April 2013, Part 2 (Revisions to the Constitution)

Cllr Jeff Green in the Council Chamber during a debate on revisions to the constitution

Revisions to the Constitution

There are many documents for this agenda item which can be found on Wirral Council’s website.

The Mayor referred to Standing Order 5H. Cllr Phil Davies moved the revisions to the constitution, Cllr Ann McLachlan seconded them. There were two amendments, one was proposed by Cllr Jeff Green and seconded by Cllr Lesley Rennie, the second was proposed by Cllr Tom Harney and seconded by Cllr Phil Gilchrist.

The Mayor said he had been advised by the legal officer that Cllr Phil Davies had fifteen minutes and it would be dealt with as one debate only but with separate votes on the two amendments.

Cllr Phil Davies said he was moving the recommendation from Cabinet which had been forwarded to Council around the revisions to the Council’s constitution. He said that the changes that they were discussing had their origins in the recommendations from the Corporate Peer Challenge, which had taken place last October. It had resulted in a detailed report, which contained a recommendation that the Council should “take the urgent steps you have identified to strengthen governance, make sure you complete a full review of your decision-making currently including the Scheme of Delegation assuring the arrangements are understood and adhered to”.

He referred to a review of the overview and scrutiny system arrangements including how councillors were supported by the organisation and how they would get independent and impartial support from the Corporate Policy Unit. They had sought the expertise of the Centre for Public Scrutiny, whose director was present at one of their councillor seminars.

The Corporate Challenge Team had also noted they’d started to consider the role of Neighbourhood Forums, as part of this they’d looked outside Wirral for examples of good practice. Cllr Davies said these issues had already been included in the Improvement Plan, which was part of the work that the Improvement Board had carried out. In addition to this there had been a smaller group of councillors called the Democracy Working Group chaired by the Deputy Leader of the Council looking at governance issues. There had also been five events for councillors, which had been generally well attended as well as a questionnaire that had been sent out to all councillors.

Cllr Davies felt there’d been an exhaustive appraisal of all these matters in response to the recommendations of the Corporate Peer Challenge Team. He wanted to make it clear that the administration intended to continue to operate the Cabinet and Leader model, he acknowledged there was a difference of opinion on this issue between themselves and the other groups on the Council. Cllr Davies said he had not seen convincing evidence that changing back to the committee system would address all the issues that the Corporate Peer Team had raised in October.

He said the changes were predicated on the Council continuing to operate the Cabinet and Leader system with improvements, which they believed was the best model to take forward. His observation was that any model works best if all councillors and officers have a positive mindset and engage constructively, which was their key challenge in changing the culture of Wirral Council.

The aims of the changes were to improve their governance and decision-making procedures, ensure there was clarity about the role of officers and councillors, enhance the role of councillors not in the Cabinet through changing the scrutiny process, establish a new model of neighbourhood working achieving greater engagement with local residents and introduce a new procedure for Council so that it focuses on issues its responsible for and holds the Cabinet better to account.

Cllr Davies said this recognised the outcome of the elections by giving the ruling [Labour] Group appropriate authority to carry out its policies but at the same time having a transparent process for holding the [Labour] Administration to account. He said the changes gave the opposition opportunity to question the Executive and propose alternatives.

On scrutiny the six existing overview and scrutiny committees would be replaced with three policy and performance committees, which would broadly align with the three strategic directorates. There would also be a coordinating committee to oversee the new arrangements and deal with cross cutting matters. The key point he wanted to emphasise was that the new committees would be much more involved in influencing Council policy before it’s considered by the Cabinet. This would be moving away from the current model reacting to Cabinet decisions to a model which influenced policy.

To be effective it would need joint working between the Cabinet and the new committees particularly around the Forward Plan. He gave his assurance that they would seek a new relationship with the Policy and Performance Committees and where possible take on board their views before decisions are made.

The second change was the introduction of four committees based on the parliamentary constituencies to replace the existing network of eleven Area Forums. He claimed that the Area Forums cost £1,300 a year per each resident and that the footprint of the existing Area Forums was too small to coordinate services effectively to save money. Cllr Phil Davies said the new arrangements would save £391,000 would aim to have more strategic bodies with an emphasis on the priorities in the Neighbourhood Plans with an emphasis on tackling poverty and deprivation. Although these bodies would be initially given Council money, there was the expectation that this would be matched by money from other organisations. The Neighbourhood Officers would be based in each constituency whose responsibility would be to engage with local residents.

The third set of changes were to procedures for full Council, Cllr Phil Davies said it was his belief that the current format didn’t work, that councillors spent time trying to score political points against each other and often dwell on issues that the Council wasn’t directly responsible for. The intention of the changes was to move to a procedure which focused on services delivered by Wirral Council, with an emphasis on written reports by the Leader and Chairs of the new Policy and Performance Committees. All would be able to be questioned by a councillor. There would still be notices of motion on the agenda, but these would normally be referred to Cabinet or the relevant committee unless Council thought the issue was sufficiently important to be debated by full Council.

The scheme of delegation was also to be amended to introduce greater clarity and consistency around the roles of officers and councillors. He said that they intended that the new arrangements would apply from the start of the municipal year with the impact of the changes being monitored by the Standards and Constitutional Oversight Committee and the Leaders Board.

He thanked all councillors who’ve engaged by attending seminars and filling out questionnaires. Cllr Phil Davies particularly wanted to thank the councillors on the Democracy Working Party. He said their aim was to improve governance and make sure they were more open and transparent about how they operate. Cllr Davies wanted to focus on taking the organisation forward on their key priorities which were tackling inequalities, delivering growth in Wirral’s economy and attracting new jobs and new investment and protecting vulnerable people. He also wanted to develop a new culture where they move away from a position where everything is politicised, to concentrating on practical improvements, which will improve the quality of life for residents who councillors represent. Cllr Phil Davies said the changes weren’t particularly radical, to quote a member of the Improvement Board, who attended the last councillor’s development evening, “They are not particularly transformational, they are what normal Councils do.” He said he hoped all councillors would engage with the new models of governance and resist the temptation to oppose everything without giving the changes a chance to work.

Cllr Jeff Green then addressed his amendment. He said nowhere in the Corporate Peer Challenge did it say they should remove the right of councillors to debate in the Council Chamber on behalf of their residents. He also said he didn’t think the Local Government Association Improvement Board had said it either. He said that it was possibly the last debate in the Council Chamber not approved by the Labour Party, as in the future the Labour Party would decide would could or couldn’t be debated in the Council Chamber.

Cllr Green said that Labour did have a majority and the right to determine the outcome of a debate, but what he took exception to what that they wanted to decide what is debated and what isn’t. He said that people were suffering due to the bin tax and increases in parking charges and the closure of…. At this point he was heckled by Labour councillors shouting bedroom tax.

Cllr Davies heckled and was rebuked by the Mayor. Cllr Green quipped that he was glad to see that Labour wanted to end Punch and Judy politics. He said residents were suffering under the bin tax, the increases in parking charges and the closure of day centres, it felt prosaic that they were having a debate on the constitution. The reason he found the constitution important was because he saw its role as protecting the public of Wirral from an over mighty administration.

Cllr Green said that it hadn’t taken very long for the administration and officers to determine “that’s all a bit messy having to go through these politicians, we just want to get on and do things”. He’d always said to officers that said that to him “perhaps you’re in the wrong job” and that councillors were inclined to think about the impact on their constituents.

One of the elements was to remove the Children and Young People and Health and Wellbeing scrutiny committees. Given Wirral’s history and the abuse of the most vulnerable in society and child protection issues it seemed to Cllr Green a “backward and dangerous step” to remove any of the scrutiny.

Continues at Council (Extraordinary) (Wirral Council) 30th April 2013 | Revisions to the Constitution | Conservative Leader Cllr Jeff Green responds “We remember the libraries, we remember Martin Morton, we remember what you did in closing care homes, we will make sure that these issues are publicly debated whether the Labour Party likes it or not”.

Health and Wellbeing Overview and Scrutiny Committee (Wirral Council) 5th November 2012 Agenda and reports

Health and Wellbeing Overview and Scrutiny Committee 5th November 2012 (Wirral Council) agenda and reports

As Wirral Council are having trouble publishing the agenda and reports for Monday’s Health and Wellbeing Overview and Scrutiny Committee (5/11/2012) on their website they are available from this website until Wirral Council sorts out their issues.

Edit: Update 31/10/2012 The agenda and reports including the missing What Really Matters Consultation result (Cabinet report) are now on Wirral Council’s website.

Maybe their IT department is as overworked as ours is. 😉

Health and Well Being Overview and Scrutiny Committee
Date: Monday, 5 November 2012
Time: 6.00 pm
Venue: Council Chamber, Wallasey Town Hall

Contact Officer: Lyndzay Roberts
Tel: 0151 691 8262
e-mail: lyndzayroberts@wirral.gov.uk
Website: http://www.wirral.gov.uk


Members of the Committee are asked to declare any disclosable pecuniary and non pecuniary interests, in connection with any application on the agenda and state the nature of the interest.

Members are reminded that they should also declare, pursuant to paragraph 18 of the Overview and Scrutiny Procedure Rules, whether they are subject to a party whip in connection with any item(s) to be considered and, if so, to declare it and state the nature of the whipping arrangement.

2. MINUTES (Pages 1 – 12)
To receive the minutes of the Health and Well Being Overview and Scrutiny Committee held on 10 September 2012.

Report to follow


5. WELFARE REFORM (Pages 25 – 40)

To receive a Verbal Update Report




The Forward Plan for the period September to December 2012 has now been published on the Council’s intranet/website and Members are invited to review the Plan prior to the meeting in order for the Committee to consider, having regard to the Committee’s work programme, whether scrutiny should take place of any items contained within the Plan and, if so, how it could be done within relevant timescales and resources.

The Committee was requested to consider what issues should form the basis of its work programme for the ensuing municipal year.


Wirral Council burying bad news in a supplementary agenda



Normally the papers for a meeting have to be (it’s a legal requirement) published five days before a meeting on Wirral Council’s website expect in certain exceptional circumstances.

However when your report is the snappily titled Revenue Monitoring 2012/13 Month 4 (July 2012) detailing exactly why Wirral Council has a projected £14.4 million overspend (or at least it did at the end of July 2012, let’s hope it’s not more now two months later), it’s understandable why somebody wouldn’t want this going out with the regular agenda through the post to councillors on the Council Excellence Overview and Scrutiny Committee before the next meeting on Monday.

In fact publishing on Friday afternoon is a time-honoured way to “bury bad news”, and believe me the news is bad and explains the matters that led to the spending freeze about three weeks ago. By the time anybody has read it and has any questions, most of the relevant Monday to Friday 9-5 Council officers will be enjoying the weekend.

The advantage of course to the online version is it’s in colour, whereas to save costs the Council prints things in black and white (although obviously the lucky few councillors recently given iPads will be able to view it in colour).

However let’s have a look at the highlights and the slightly strange use of statistics and selective quoting of facts. The overspend for months 1 and 2 of Financial Year 2012/2013 seem to be missing from the graph, with no explanation given in the report as to why. However the projected overspends don’t seem to originate from the Department of Finance (who predict a £2.5 million overspend), but the two “usual subjects” of DASS (Department of Adult Social Services) at over £10 million of overspend and CYPD (Children and Young Peoples Department) at around £5 million.

Even the Department of Law, HR and Asset Management headed during some of this period by Bill Norman is projecting a £2 million overspend.

The report of course mentioned that the Labour Cabinet’s response this year has been to spend a further £677,000.

So how does this breakdown compare to what the Budget should be (according to report anyway)? The answer in the report is £3 million over budget on employee spend, £1.3 million overspend on premises and an £11.5 million overspend on “supplies and services”.

The report explains also why Cabinet had to dip into £7 million of reserves (the Working Neighbourhood Fund). So when will we find out what’s happened in month 5 (August), well that’ll be October 18th…. with the “Executive Team” of Council Officers finding out on 4th October… course if the CYPD had submitted the correct figures to the Department for Education then Wirral Council would have a further £1.6 million to spend on education. Oh well…


Sustainable Communities Overview and Scrutiny Committee 20/10/2011 Part 1 (PACSPE call in)

The agenda and reports for the meeting can be found here.

Cllr Stuart Wittingham substituted by Cllr Denise Roberts
Cllr Pat Hackett substituted by Cllr Ron Abbey

Conservative councillors
Cllr John Hale (Chair)
Cllr Don McCubbin (Vice-Chair)
Cllr Steve Williams
Cllr Adam Sykes

Labour councillors
Cllr Denise Roberts (substitute for Cllr Stuart Wittingham)
Cllr Ron Abbey (substitute for Cllr Pat Hackett)
Cllr Jerry Williams
Cllr Chris Jones
Cllr Joe Walsh

Liberal Democrat councillor
Cllr Bob Wilkins

Labour Cabinet member in attendance (who is not part of the Sustainable Communities Overview and Scrutiny Committee)
Cllr Chris Meaden (Cabinet Member for Culture, Tourism and Leisure)

The Chair, Cllr John Hale welcomed people to the meeting. Something about the Serious Fraud Office was mentioned and a wish to “close without session”.

Cllr Ron Abbey suggested ten minutes of the meeting in closed session.

Cllr John Hale mentioned something about the press and an inquiry being another matter.

The legal advisor to the committee said it had been brought to Wirral Council’s attention, but the level of information was limited. He appreciated the Labour councillor’s suggestion.

Cllr Bob Wilkins said he failed to see the evidence, but agreed with the Labour councillors to hold it in closed session for ten minutes.
Cllr John Hale said as it was a majority view of the committee, that press and public would have to leave until they were invited back in.

Due to the large numbers of people present it took some time for the room to clear. Some people went home, others waited in the lobby to go back into the meeting.


In the interests of openness, John Brace lives opposite Bidston Hill which is covered by the PACSPE contract.