Accountability failures by local government highlighted in report by Research for Action and High Court Judge

Accountability failures by local government highlighted in report by Research for Action and High Court Judge

Accountability failures by local government highlighted in report by Research for Action and High Court Judge

                                 

By John Brace (Editor)
and
Leonora Brace (Co-Editor)

First publication date: 28th April 2021, 05:48 (BST).

The three boxes on the left comprise the PFI fire stations contract
The three boxes on the left comprise the PFI fire stations contract

A 40 A4 page report published today (28th April 2021) by Research for Action titled Democracy Denied: Audit and Accountability Failure in Local Government looked at the experience of those who have tried (during a 30 working day period each year) to inspect the financial records of councils, as well as the experience of those who have asked questions of auditors or made objections using rights in the Local Audit and Accountability Act 2014 (in England) or the Local Authority Accounts (Scotland) Regulations 2014 (in Scotland). The report concentrates on requests to inspect, as well as related rights to ask questions to the auditor and/or object to the auditor. The report is mainly about requests in relation to PFI (Private Finance Initiative) schemes or LOBO (Lender Option Borrower Option) loans.
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Disclosure of 46 pages of PFI contractor’s banking details by Merseyside Fire and Rescue Service described as “oversight”

Disclosure of 46 pages of PFI contractor’s banking details by Merseyside Fire and Rescue Service described as “oversight”

                             

The author of this piece is an Appellant in a First-Tier Tribunal (Information Rights) case involving Merseyside Fire and Rescue Authority.

Today, the eighteen councillors on the Merseyside Fire and Rescue Authority met. One of the decisions they agreed was a constitution which includes the following (Members means councillors), “Members should avoid public criticism of individual Officers, as it is unfair and oppressive.”

Last year during the 2014/15 audit, I requested the North West Fire and Rescue PFI contract. This is the PFI contract with Merseyside Fire and Rescue Authority for the Belle Vale, Birkenhead, Bootle/Netherton, Formby, Kirkdale, Newton-le-Willows and Southport fire stations on Merseyside as well as fire stations in Lancashire and Cumbria.

After Merseyside Fire and Rescue Authority insisted I provide them with a blank DVD, a copy was provided to me on DVD which contained the entire contract. The contract (apart from 46 pages in section 4.7 (Bank account mandates and specimen signatures)) was published on this blog.

When it was published on this blog in October 2015, a former press officer working for Merseyside Fire and Rescue Service Lyndsay Young phoned me asking me to remove the contract from my blog. I explained why I wasn’t going to do so and alerted her to the 46 pages of bank account mandates and specimen signatures that I had not published.

Last week Merseyside Fire and Rescue Authority’s Audit Sub-Committee met and discussed the Corporate Risk Register which included the risk of data loss and the possibility of regulatory action by the Information Commissioner’s Office (ICO). I requested a press officer be present for this meeting so I could ask for a quote from Merseyside Fire and Rescue Service about its disclosure of this information. This request was denied.

Merseyside Fire and Rescue Service refused to comment (in part because of criticism in an article published that day about how Merseyside Fire and Rescue Authority was managed and led) and instead asked us to speak to their solicitor on Tuesday 14th June.

Deputy Chief Fire Officer Phil Garrigan (bottom left) tells Merseyside Fire and Rescue Authority's Audit Sub-Committee 9th June 2016 about the risk of data being compromised
Deputy Chief Fire Officer Phil Garrigan (bottom left) tells Merseyside Fire and Rescue Authority’s Audit Sub-Committee 9th June 2016 about the risk of data being compromised

After Deputy Chief Fire Officer Phil Garrigan’s glowing comments at that meeting about the efforts Merseyside Fire and Rescue Service had taken to prevent data loss at the Audit Sub-Committee meeting, I emailed the Merseyside Fire and Rescue Services’ auditors Grant Thornton alerting them to this and also asked the contractor Balfour Beatty for a quote.

Merseyside Fire and Rescue Service’s position changed from their original “no comment” to an email requesting that the information be destroyed or returned (offering to pay any costs of doing so).

Louise McCulloch, Head of Media & PR for Balfour Beatty kindly gave us the following quote, “Last year, information relating to [the] North West Fire and Rescue (NWFR) [contract] in which Balfour Beatty has an interest, was inadvertently shared with an individual as part of a response to their request to the Fire and Rescue Authority under s 15(1)(a) of the Audit Commission Act 1998.

The Authority made NWFR fully aware of the oversight immediately. NWFR has taken the necessary steps to ensure no adverse impact.

NWFR has asked the Authority to request the individual destroy or return the information which has no public interest, which Merseyside Fire and Rescue Service has done.”

The 46 pages of disclosed information contain details of sort codes, account numbers, specimen signatures and names of those authorised to use various Barclays Corporate bank accounts connected to the PFI fire stations project run by Balfour Beatty.

Clearly this information should not have been disclosed to me, but it is worrying that Merseyside Fire and Rescue Service seemed to only realise this had happened after I told them first in October 2015 and again in June 2016!

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What were the 9 most viewed stories on this blog over the last week?

What were the 9 most viewed stories on this blog over the last week?

                                                      

ICO Information Commissioner's Office logo
As nearly half of the stories this week are about freedom of information requests the logo above is of ICO (Information Commissioner’s Office) who are the regulator

It’s time again to look back at the 9 most viewed stories of the last week (with a few comments on each of them).

1. 5 different versions of one political cover up but which one will you choose?

The BIG/ISUS issues rumble on with a government minister making sure an audit report isn’t provided in response to a FOI request.

2. Isle of Man company cancels plans for ICT College in Birkenhead

Wirral Council is forced to go back to the drawing board on plans to lease the Conway Building and Hamilton Building in Birkenhead as Isle of Man based International Centre for Technology Ltd pulls the plug on the project.

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

A FOI request reveals a behind the scenes email about how to manage Martin Morton.

4. Why after 2 years, 9 months and 13 days have Wirral Council U-turned on refusing a FOI request for minutes of the Safeguarding Reference Group?

Another story about a FOI request and a long running battle to persuade Wirral Council to produce minutes of a meeting about safeguarding.

5. Does fire safety construction flaw at PFI school affect Wirral schools?

A story about how a flaw at one of Merseyside’s school built using PFI led to fire safety problems, are any of the PFI schools on Wirral affected?

6. Is this what an “open and transparent” Council looks like?

A question answered by a number of blacked out pages from the BAM Nuttall Highway Services contract.

7. Deputy Chief Fire Officer Phil Garrigan tells councillors “90 working days” are lost each year in responding to FOI requests

Continuing a theme running through a number of these stories about freedom of information requests, Merseyside Fire and Rescue Service’s Deputy Chief Fire Officer Phil Garrigan gives his view on freedom of information.

8. Cllr Foulkes on Mersey Ferries “we cherish that service and want to maintain it”

Cllr Foulkes responds to the campaign to save Woodside ferry terminal.

9. Why is Merseytravel spending £57,000 + VAT to monitor this blog?

The top story in last week’s round up details how much Merseytravel spend on media monitoring.

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Does fire safety construction flaw at PFI school affect Wirral schools?

Does fire safety construction flaw at PFI school affect Wirral schools?

                                                        

Cllr Lesley Rennie speaking at a public meeting of Merseyside Fire and Rescue Authority 29th January 2015
Cllr Lesley Rennie speaking at a public meeting of Merseyside Fire and Rescue Authority 29th January 2015

11/1/16 08:19 Edited to change University Academy Birkenhead to Birkenhead Park School as it changed its name last year.

A report to be considered by councillors on the Merseyside Fire and Rescue Authority‘s Performance and Scrutiny Committee on Tuesday afternoon warns, during a fire at a PFI school on Merseyside, that smoke spread from a ground floor kitchen to a protected staircase.

Further investigation found the same problem at eleven additional PFI sites.

Wirral has a number of schools constructed using PFI that are managed by Wirral Schools Services Limited. It is not known if any of the schools on the Wirral are affected by this. Here is the information from the report.

Case Study 2: Fire Separation in Major Construction projects

24. A site visit to a local school on 9th January 2015 following a fire on 7th January 2015 (incident no 32304) identified serious fire separation concerns due to smoke spread from the ground floor kitchen to the 1st floor protected staircase.

25. The school was built as part of a Private Finance Initiative (PFI) initiative. The investigation led to 11 additional PFI sites where the same issues were detected. As the issues potentially had national implications Protection Officers utilised the CFOA [Chief Fire Officer Association] Community of Practice to share the risk information. It was subsequently established that the same issue had been found in other major new-build / refurbishment projects across England with estimated repair bills totalling in excess of £100m.

26. Officers escalated the issue to the CFOA Fire Engineering Technical Standards Group due to the national potential in order that the risk information can be effectively shared with other Fire and Rescue Services and that national guidance is produced to ensure that these issues are dealt with consistently and effectively.”

 

Will either of the two Wirral councillors (Cllr Lesley Rennie and Cllr Jean Stapleton) on MFRA’s Performance and Scrutiny Committee ask if any of the Wirral PFI Schools (Leasowe Primary, Bebington High, Birkenhead Park School (previously University Academy Birkenhead and before that Park High), South Wirral High, Weatherhead High, Hilbre High, Prenton High, Wallasey High and Wirral Grammar Girls) or the two Wirral PFI City Learning Centres (Wallasey City Learning Centre and Hilbre City Learning Centre) are affected by this?

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

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

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

                                                       

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

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

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

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

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

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

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

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

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

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

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

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


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

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

Dear Mr Morton

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

Yours Sincerely

Robert Vickers

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

Rob


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

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

Dear Mr Morton

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

Yours Sincerely

Robert Vickers

Graham Hodkinson
Director of Adult Social Services
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