Lyndale School parent “we really have lost faith in the democratic process”
Lyndale School parent “we really have lost faith in the democratic process”
Councillor Harry Smith asks a question about Lynn Wright’s qualifications
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Above is a nearly two-minute video that shows a number of comments made at meetings about Lyndale School (plus at the end one councillor’s views on filming). A transcript is below.
CLLR PHIL DAVIES: Retaining the Lyndale School, this is chaos.
CLLR LEAH FRASER: The buildings have been valued at £1.7 million and the land at errm, the land at errm £508,000.
DAVID ARMSTRONG: It’s not a value, it’s an accounting process.
CLLR HARRY SMITH: What are Lynn Wright’s qualifications?
CLLR MOIRA MCLAUGHLIN: It’s the kind of question Harry I don’t want to take from this teaching assistant.
CLLR HARRY SMITH: With respect Chair, she was criticising her qualifications so I’m asking her what are Lynn Wright’s qualifications?
CLLR MOIRA MCLAUGHLIN: We’ll ask Lynn Wright as well what her qualifications are if you’re able to answer that?
NICOLA KENNY (TEACHING ASSISTANT): Errm, well I can’t tell you exactly all her qualifications but what I can tell you is in terms of PMLD, she’s not as qualified as me.
(applause)
CLLR WENDY CLEMENTS: And I just wonder if there’s anything else particularly that you think we need to know that will help us make our decision tonight?
DAWN HUGHES (parent): And we feel that you know that we’ve lost, we really have lost faith in the democratic process and how that we really haven’t been listened to and we feel that the, that local authority officers have not been comprehensive in their examination of all the evidence and the evidence that they’ve presented to Cabinet and that when our views are not listened to and we have an authoritarian top down way of dealing with people in the community, then you know people get angry and frustrated and people are angry and frustrated about this whole process and not just us I think actually generally the community across Wirral is really unhappy about this so I just wanted to make those comments.
CLLR STEVE NIBLOCK: I’m asking you to stop filming, that means stop now! Stop now!
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1) How many pupils go to the school and how many teachers and other staff are there at present?
Wirral Council state that there are now 21 pupils on the roll at Lyndale School (as of yesterday 30th September 2014). However it is noted that a number of these will reach secondary school age next year and will not be directly affected by the proposed closure in January 2016.
According to the Lyndale School website there are 19 teaching assistants and 3 teachers at the school. However this information might be out of date. It is possible there are other staff too that are not listed on its website. However only The Lyndale School could answer the actual current number about how many teachers and other staff are now employed on this particular day as this number fluctuates. My own guess is that the total number of staff is somewhere between twenty-two and thirty-five (I am assuming you are referring in your question to paid staff and not volunteers).
2) How many different schools are likely to be used for the transfer of the children if the school is closed and would the attention they receive now be diminished in another environment?
Stanley School and Elleray Park have already been named as alternative schools so at least two, however some parents have said they will not send their children to either of those schools if Lyndale School closes. So the number of different schools if it was closed that the children at Lyndale School would go to is likely to be a number between three and six. In theory it could be as high as twelve, but that’s highly unlikely.
In answer to the second part of your question, if the school was closed and the pupils were transferred to either Elleray Park or Stanley School, then Wirral Council plans to spend less money on a per pupil basis than Lyndale currently receives. Currently Lyndale School receives on average ~£33,000 per pupil, this would drop to between ~£17,000 per a pupil to ~£26,000 per a pupil depending on which one of five new bands that particular former Lyndale School pupil is assessed in based partly on their EHCP (Education, Health and Care Plan).
However if Lyndale School shut and the former Lyndale pupil/s was transferred to an independent special school, the amount received per a pupil would be uncapped. If the former Lyndale School pupil went to a special school outside of Wirral (bear in mind Lyndale School is in Eastham very close to the edge of Wirral so it is a possibility parent/s would choose placements outside of Wirral) the amount would also be uncapped based on the current policy.
This is because Wirral Council’s current policy is to not have a cap on funding for independent special or out of borough special placements, but they intend to introduce a cap for special pupils in schools on the Wirral Borough from next year assuming they get agreement to this from the various decision-making bodies.
This reduction in funding will probably lead both to less staff time available per a child and/or a reduction in other costs that the school has. That is the view of the parents, some councillors, staff and other people replying to the consultation. However Wirral Council takes a different view on this point.
I do not think it is realistic to state that education would remain the same as they receive at Lyndale School although Wirral Council would disagree with me on that point.
3) Would all children find places nearer or further away from home as at present and would transport be provided for them to go and come back from school each day?
The first part of that answer is impossible to answer until a final decision over closure is made and a parental choice is made about alternative schools. However I remember one parent stating that they moved house so that they could be nearer to Lyndale School, therefore in some cases the places would be further away from their home.
SEN Transport can be provided for pupils to go and come back from school, however some parents choose to take their children to school themselves. If your question is would SEN Transport be provided at the new schools as a choice, then the answer if yes if it was requested. However SEN Transport is not compulsory and results in a cost to Wirral Council.
4) What would happen to the present teachers and other staff if the school was closed?
They would lose their jobs, that is to say they would be made redundant as the school had closed. It would then be down to the individual members of staff to apply for jobs elsewhere if they so wished to do so at that stage.
It is to be noted that Wirral Council made an error in the consultation document in relation to what would happen to the staff if the Lyndale School closed.
Despite how the unimplemented Cabinet resolution of 4th September 2014 is phrased, no jobs are guaranteed. Any decision over employing former Lyndale staff elsewhere would be up to that school’s governing body, the usual legal processes such as filling out application forms, criminal record background checks, interviews etc and the former Lyndale staff would be in a competitive process with other applicants for any new jobs created at other schools.
Due to the funding reduction, even if all the former Lyndale School staff applied for jobs at the places where the former Lyndale School pupils had been moved to, the funding reductions would mean that there would be a reduction in posts compared to current staffing levels at Lyndale School.
5) Would the real saving come from the sale of the Lyndale premises and site?
(a) it was declared surplus to requirements (a decision that would have to be made by Wirral Council)
(b) a buyer was found
(c) there are other decisions that would have to be made by bodies outside Wirral Council in relation to the land and buildings before a sale could proceed as it is a school. It is unknown whether such bodies would agree to it or not. For example multiple approvals would be needed from the government in relation to the land and buildings before any changes such as a sale or change of use were made.
(d) in order to change its use planning permission would be required (a decision that would have to be made by Wirral Council)
It is to be noted at this stage that the Land Registry entry for Lyndale School refers to a conveyance agreement (if memory serves correct 1952) between Cheshire County Council, a limited company and an individual. I note that prior to the creation of Wirral Council in 1974, this piece of land was in the Cheshire County Council area. Although Cheshire County Council was abolished in 2009, in 2009 its functions were transferred to Cheshire West and Chester and Cheshire East.
I do not currently have access to a copy of this document, which is lodged with Land Registry, Birkenhead. Due to public service cutbacks I have to wait for an appointment with Land Registry in order to view and request a copy of it although either Chester West and Chester or Cheshire East should have a copy when the Cheshire County Council records were transferred.
I have given as full an answer as I can to the above questions, considering that some of the detail is either not known to me, would take too long to collate or would result in me having to make enquiries of others.
There will be a public meeting of Wirral Council’s Coordinating Committee on 2nd October 2014 starting at 6.00pm in Committee Room 1 at Wallasey Town Hall to discuss the recent Cabinet decision and decide what to do next.
At the moment implementation of the decision has been put on hold pending the outcome of that meeting.
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A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong
A letter to Wirral Council about the 29 ways they allegedly got the Lyndale School decision wrong
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
Below is a copy of a letter emailed to Wirral Council’s Surjit Tour, the nine councillors on the Cabinet that took the “decision” and Julia Hassall.
Jenmaleo,
134 Boundary Road,
Bidston
Wirral
CH43 7PH
Wirral Council
Metropolitan Borough of Wirral
Wallasey Town Hall,
Brighton Street,
Wallasey,
Merseyside,
CH44 8ED,
England
8th September 2014
By email
Surjit Tour surjittour@wirral.gov.uk
Cllr Phil Davies phildavies@wirral.gov.uk
Cllr Tony Smith tonysmith@wirral.gov.uk
Cllr Bernie Mooney berniemooney@wirral.gov.uk
Cllr Stuart Whittingham stuartwhittingham@wirral.gov.uk
Cllr Chris Meaden chrismeaden@wirral.gov.uk
Cllr Chris Jones christinejones@wirral.gov.uk
Cllr Adrian Jones adrianjones@wirral.gov.uk
Cllr George Davies georgedavies@wirral.gov.uk
Cllr Pat Hackett pathackett@wirral.gov.uk
Julia Hassall juliahassall@wirral.gov.uk
LETTER BEFORE CLAIM
Proposed claim for judicial review
1. TO
SURJIT TOUR
Legal and Member Services
Metropolitan Borough of Wirral
Wallasey Town Hall,
Brighton Street,
Wallasey,
Merseyside,
CH44 8ED,
England
2. The claimant
MR JOHN BRACE
Jenmaleo,
134 Boundary Road,
Bidston,
CH43 7PH
3. Reference details
Amended Cabinet recommendation of 4th September 2014 with respect to Lyndale School (agenda items 4&5)
4. The details of the matter being challenged
What is being challenged is the decision of Wirral Council’s Cabinet on the evening of the 4th September 2014 to make the amended recommendation which is copied below. More specifically the details of the matter being challenged are 1.1, 1.2, 1.3, 2.0 and 2.1 of the recommendation.
“CABINET – 4TH SEPTEMBER 2014
THE LYNDALE SCHOOL
RECOMMENDATION
1.1 Cabinet thanks all those who have participated in the consultation exercise, with particular regard to submissions from parents of children at The Lyndale School.
1.2 Having reviewed the responses received during the consultation process, analysed the alternative options and applied the SEN Improvement Test, is it recommended that:
Statutory notices be published in respect of the closure of The Lyndale School from January 2016.
That Wirral Council, under the leadership of the Director of Children’s Services, work individually, with children and families, towards effecting a smooth and supportive transition to an alternative place at one of the following schools:
Elleray Park Special School
Stanley Special School
Another appropriate school
In doing so, that the Director of Children’s Services, in acknowledgement of the close relationships that exist between staff and pupils at The Lyndale School, investigates if staff could be employed, where possible, at receiving schools, (subject to legal practice and the approval of governing bodies).
The Director of Children’s Services be authorised to take all necessary steps to publish the proposals and ensure the prescribed procedures are followed, including requesting permissions from the Secretary of State, in furtherance of the proposals.
A further report be brought on the outcome of the publication of the statutory notices.
1.3 That the Director of Children’s Services to ensure that Education, Health and Care Plans for all pupils of the Lyndale School are completed by the 31st October.
2.0 REASONS FOR RECOMMENDATION
2.1 Having looked at all the options, and applied the SEN Improvement Test, it is our opinion that, while we recognise the special place that The Lyndale School has in the affection of parents and children, the continued operation and maintenance of a school of this size will not meet the future educational needs of the children, nor is a financially viable option, especially when there are good alternative options available.
The Council has a responsibility to ensure for the sustainable future provision of education for the pupils of The Lyndale School. In addition, we have to manage resources effectively for all schools and the school population.
This has been a difficult decision to make, and we would like to affirm our continued intention to work positively with the families and the children affected, and reassure parents of our continued commitment to their child’s wellbeing and education.”
5
The issue
Brief summary of facts:
Wirral Council’s Cabinet made a key decision on the evening of 4th September 2014 at a public meeting to proceed to a second round of consultation on the closure of the Lyndale School. The recommendation agreed by nine councillors is outlined above.
Why it is contended to be wrong:
It is contended to be wrong because:
(a) The notice requirements before the meeting were not met.
The actions specified to be taken in advance of the Cabinet meeting in the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 specifically Regulations 9-11 weren’t met. More specifically the document specified in Regulation 9 wasn’t published 28 days before the meeting or the notice in Regulation 10(3)(b) or the notice in Regulation 11(2)(b).
Regulation 9(1) makes it quite clear that if these requirements are not met that “that decision must not be made)
(b) The key decision was made by the wrong people.
In addition to the Cabinet between four and nine other people should’ve been included in the decision. Specifically these are:
between 2-5 parent governor representatives,
a representative of the Catholic diocese and
a representative of the Anglican diocese
These people should have all had voting/speaking rights and been invited to take part in the Cabinet meeting.
Normally Cabinet would not be required to have such representatives on it as it has oversight by the Families and Wellbeing Policy and Performance Committee and Coordinating Committee.
However as a representative of the Anglican diocese has not yet been appointed to the Families and Wellbeing Policy and Performance Committee or the Coordinating Committee due to this lack of oversight the Cabinet was required to have them take part in the decision making on this matter.
This legal requirement is outlined in the School Standards and Framework Act 1998 c.31/ s.499 of the Education Act 1996 c.56 and the underlying regulations such as Regulation 5 of the Local Authorities (Committee System) (England) Regulations 2012 and regulation 5 of The Education (School Organisation Committees) (England) Regulations 1999 and other underlying regulations.
(c) Human Rights issues
Wirral Council have to make decisions that are compatible with the Convention Rights (s.6(1) Human Rights Act 1998 c.42). Specifically these concerns are about Protocol 1 (Article 2), article 2, article 3, article 11 and article 14.
The concerns are briefly outlined below:
Protocol 1 (Article 2) “right to education” as closure of the school would interfere with the parent’s right to “ensure such education and teaching in conformity with their religious and philosophical convictions”
Article 2 “right to life” as closure of the school would possibly cause the death of one or more of its current pupils
Article 3 “prohibition of torture” as closure of the school would be “degrading treatment or punishment” of the parents and pupils
Article 11 “freedom of assembly and association” as closure of the school would interfere with the rights of the pupils, staff and parents to associate with each other and none of the requirements in 11(2) are known to be met
Article 14 “prohibition of discrimination” as:
(a) the school is for severely disabled children therefore closing (whilst not making known closures elsewhere) could be classed as discrimination
(b) the political views of the parents are that the school should not close which has been widely expressed in the media prior to the meeting in opposition to the stated views of the Labour administration at Wirral Council
(c) many of the severely disabled children at the school were born that way
(d) Equality Act 2010 c.15 considerations
Section 13 – the Lyndale pupils (person B) have a protected characteristic (disability). They would be treated less favourably if the school closed as less money would be spent on their education. Furthermore many of the approximately thirty staff have protected characteristics (who will be out of a job if the school closes)
Section 15 – this relates to discrimination arising from disability. The pupils at the school are disabled. Wirral Council would have to show that the treatment is “a proportionate means of achieving a legitimate aim” which has not yet been demonstrated
Section 19 – this relates to indirect discrimination of the parents and family members of the Lyndale pupils
Section 26 – “harrasment”, the closure plans have resulted in a violation of dignity of those with protected characteristics and have intimidated staff, parents and pupils at the school. One example of this would be that the headteacher has left.
Section 27 – the parents have threatened legal action which is a protected act
Section 85 – these plans force the Lyndale School to breach s.85(2)(f) as it subjects pupils and their parents to detriment
Section 86 – this relates to victimisation of the pupils for the conduct of their parents. The parents have petitioned, campaigned and lobbied against closure. The siblings and parents of the children at the Lyndale School are being penalised for this
Section 112 – the way Wirral Council behaved (for example making a false public statement that if the school was closed that staff would be redeployed during the consultation) is aiding contraventions of the Equality Act 2010
Section 149 – “public sector equality duty” Due regard to 149(a), (b) and (c) by Wirral Council has not been given. The same goes for the duties under 149(5)(a) and 149(5)(b). These relate to the proteted characterists of pupils, staff and parents at the school.
Section 150 – “public authorities and public functions” – the Metropolitan Borough of Wirral Council is a “district council” in England as defined in Schedule 19, therefore 150(3), 150(4) and 150(5) apply to it.
Section 158 – “positive action: general” the pupils of Lyndale school have needs that are different from the needs of person that are not disabled. Those that have PMLD (which is a protected characteristic) are a disproportinately low proportion of the school population. The Lyndale pupils are at this school because it’s a special school that caters for the needs of disabled pupils with PMLD. Therefore they will suffer a disadvantage if the school closes. The level of education they receive will change if the school closes and it is alleged that this new provision will not meet their needs.
Section 19 – Wirral Council provides the service of education to the disabled pupils at the Lyndale School. If the school is closed the current (and potential future) disabled pupils would find it “impossible” or “unreasonably difficult” to use the school. Although Wirral Council is a “local education authority in England” and therefore a “relevant body” as defined in s.19(6), it remains to be seen whether education & transport are services that fall under s.19(5)(a) or not.
Section 21 – The adjustment required would be to fund the running costs of the Lyndale School, whilst it is appreciated that Wirral Council is a “local education authority in England” and therefore a “relevant body”, this duty of providers of services to make adjustments could/could not apply to Wirral Council
Section 21B – Wirral Council is a “public authority” and is discriminating against disabled people in carrying out its functions.
Section 21D – Wirral Council is failing in its general duties to:
(1)(a) the need to eliminate discrimination that is unlawful
(1)(b) the need to eliminate harrassment of disabled persons that is related to their disabilities
(1)(c) the need to promote equality of opportunity between disabled persons and other persons
(1)(d) the need to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons
(1)(e) the need to promote positive attitudes towards disabled persons
(1)(f) the need to encourage participation by disabled persons in public life
Section 28A – “Discrimination against disabled pupils and prospective pupils” This relations to 28A(2) and 28A(1)(a) as Wirral Council is “the local education authority” defined in Schedule 4A. Wirral Council is proposing altering its admission arrangements which discriminate against the current disabled pupils at the Lyndale School. Closure would result in the current pupils being excluded permanently.
Section 28B – Lyndale pupils are being treated less favourably because of reasons realted to their disability/ies. It is unreasonable to assume that Wirral Council does not know they are disabled as it is a special school
Section 28C – “disabled pupils not to be substantially disadvantaged” The Lyndale pupils are being put at a substansial disadvantage compared to persons who are not disabled with regards to the admission arrangemnts.
Section 28F – There has been a failure of the duty of the education authority not to discriminate, it is unknown at this stage what prescribed function this relates to (if any).
Section 49A – In carrying out its functions, Wirral Council is not having due regard to
(1)(a) the need to eliminate discrimination that is unlawful
(1)(b) the need to eliminate harrassment of disabled persons that is related to their disabilities
(1)(c) the need to promote equality of opportunity between disabled persons and other persons
(1)(d) the need to take steps to take account of disabled persons’ disabilities, even where that involves treating disabled persons more favourably than other persons
(1)(e) the need to promote positive attitudes towards disabled persons
(1)(f) the need to encourage participation by disabled persons in public life
Section 2 – This section inserted 21B in the Disability Discrimination Act 2005 (see arguments above for s.21B of the Disability Discrimination Act 2005)
Section 3 – This section inserted 49A in the Disability Discrimination Act 2005 (see arguments above for s.49A of the Disability Discrimination Act 2005)
(g) statutory guidance
Statutory guidance has been issued which includes the application of a test to such proposals known as the “SEN Improvement Test” to such decisions. Wirral Council claims that its plans for closure meet the SEN Improvement Test. The Claimant disagrees that the requirements of the SEN Improvement Test have been met to the preferred option (which is closure of the Lyndale School). This is because:
(i) it would not lead to improved access to education and associated services
(ii) it would not lead to improved access to specialist staff
(iii) it would not lead to improved access to suitable accommodation
(iv) it would not lead to an improved supply of suitable places
(v) there seems little clarity that the host schools mentioned in the decision (Elleray Park and Stanley School) are willing to receive pupils with communication and interaction needs
(vi) there is confusion as to how the proposals will be funded and the planned staffing arrangements that will be put in place
(Set out the date and details of the decision, or act or omission being challenged, a brief summary of the facts and why it is contented to be wrong)
6
The details of the action that the defendant is expected to take are:
(a) to make a written undertaking not implement the decision as an interim measure until a new Cabinet meeting happens,
(b) hold a further meeting of the Cabinet to make a decision that complies with:
(i) the notice requirements for the meeting (SI 2012/2089 Regulations 9-11) and
(ii) the other legal issues addressed in this letter
(c) to carry out a review of the matters raised in this letter and inform the Claimant of the outcome of that review
(d) to inform the Claimant if the decision is implemented and if so from what date
(e) to respond to this letter before the proposed reply date in section 12
(f) meet with Mr. John Brace before the proposed reply date so that these issues can be explored in depth in the hope that litigation can be avoided.
7
The details of the legal advisers, if any, dealing with this claim
N/A
8
The details of any interested parties
Cllr Phil Davies phildavies@wirral.gov.uk
Cllr Tony Smith tonysmith@wirral.gov.uk
Cllr Bernie Mooney berniemooney@wirral.gov.uk
Cllr Stuart Whittingham stuartwhittingham@wirral.gov.uk
Cllr Chris Meaden chrismeaden@wirral.gov.uk
Cllr Chris Jones christinejones@wirral.gov.uk
Cllr Adrian Jones adrianjones@wirral.gov.uk
Cllr George Davies georgedavies@wirral.gov.uk
Cllr Pat Hackett pathackett@wirral.gov.uk
Julia Hassall juliahassall@wirral.gov.uk
9
The details of any information sought
Details of information sought:
(a) a request for a fuller explanation of the reasons for the decision being challenged beyond those that form a part of the recommendation at 2.1
(b) statistical information on staff at the Lyndale School with reference to all protected characteristics
(c) statistical information on Wirral Council’s workforce with reference to all protected characteristics
(d) statistical information on current pupils at the Lyndale School with reference to all protected characteristics
(e) three year projected financial information about the Lyndale School projected budgets supplied to Wirral Council by the Lyndale School governors including total projected expenditure, total projected costs and total projected income
(f) earlier drafts of report titled “Report detailing the outcome of the consultation on the closure of the Lyndale School”
(g) earlier drafts of the report at Appendix 1 titled “The Independent Consultant’s Report”
10
The details of any documents that are considered relevant and necessary
(a) The consultation responses. These are considered necessary as they are referred to in 1.1 and 1.2 of the decision. Although I have already published some, I am unsure whether it is a complete set of consultation responses.
(b) Those documents outlined in section (9) specifically (e) to (g) (financial information and earlier drafts of reports)
(h) details of consultation with staff and relevant trade unions
(i) details of consultation with the governing body at Lyndale School
(j) Principal Educational Psychologist’s report
(k) detail as to how Wirral Council think the preferred option of closure meets the “SEN Improvement Test”
11
The address for reply and service of court documents
Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
12
Proposed reply date
24th September 2014
Yours sincerely,
John Brace
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Lyndale School Consultation Meeting: Julia Hassall “we’re not having straightforward consultation” (part 10)
Lyndale School Consultation Meeting: Julia Hassall “we’re not having straightforward consultation” (part 10)
Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014 (who chaired the consultation meeting at Acre Lane on the 16th June)
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This transcript below starts at 1:05:50 in the video above.
DAVID ARMSTRONG (ASSISTANT CHIEF EXECUTIVE)
Just before we get to it, just before we get to it, I’ll just make the point about you’ll know there a number of people sitting here who will know we’re having discussions about Elleray Park and Stanley …(unclear)… and more recently we’ve been having discussions about Foxfield based on comments that have been made towards us.
Subsequently and clearly I’ve got to talk about the nature around the Wallasey School, but what was referred to was Wallasey School is currently based at an outpost base where inevitably …(unclear)… similar …(unclear)… some space …(unclear)… and I think that’s a very short-term arrangement, so it’s nothing at all to do with the Lyndale School.
TOM HARNEY (CHAIR OF GOVERNORS)
Well thanks for that point about a shared site.
JULIA HASSALL (DIRECTOR OF CHILDRENS’ SERVICES)
Can I just come back to the point the gentleman made at the back you know? I’ll come back in a minute on what Alison McGovern said. You’ve said why haven’t we got parents at the front telling?
GENTLEMAN AT BACK
I said there’s, I don’t want to object, but whether it was legal.
JULIA HASSALL (DIRECTOR OF CHILDRENS’ SERVICES)
and I had a meeting with the Chief Executive of the Council, Graham Burgess. There were three parent governors, two of whom are here tonight and they said to Graham Burgess and myself, it feels like we’re not having straightforward consultation about some of these issues. We don’t know err what you’re doing to investigate the other eight options along with the other proposals that have come forward and what we have done and what Alison McGovern also said was I think, was is there something about, can you recreate Lyndale ethos in a different setting? Can you explore that and so we’ve had one meeting so far, we’ve got another meeting on Friday, to try and have a different kind of conversation about how we explore all the different options because I think the gentleman here raised the point when we were at the Floral Pavilion, it feels like when we have these meetings sometimes you can, questions from the floor, we know we kind of almost it feels like defend the position, whereas you can with smaller groups sometimes saying you can have a different kind of conversation but we’re doing that in tandem with these meetings to try and flush out all the different options and look at them in real detail.
GENTLEMAN FROM AUDIENCE
OK, well can I just say that the replication of Lyndale and that’s what I want to talk about. Lyndale even though we knew at the beginning of the year and it’s fully documented, it says many of the children have had PMLD [profound and multiple learning disabilities], it’s the actual, it’s the vast majority, it’s almost all the children.
JULIA HASSALL (DIRECTOR OF CHILDRENS’ SERVICES)
It is.
GENTLEMAN FROM AUDIENCE
So, the reason why Lyndale is so effective in that area is because it’s a small, lovely school and it does feel like, it does feel like a home and people say …(unclear)… 0.1%, it’s the very most vulnerable of our children. So they are all, this facility actually caters for them because they are vulnerable, they are vulnerable to other more boisterous children in care.
They need more responsible adult care, they are in the absolute …(unclear)… in this Borough and the reason why I’ve gone round approaching all those businesses, is because one hundred percent of the people think that that 0.1% of our most vulnerable children should be the …(unclear)… number one priority on everybody’s agenda and everything else should come second to this.
He received a round of applause for what he had said.
1:09:00
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How was the history of the Lyndale School closure consultation rewritten by Wirral Council?
How was the history of the Lyndale School closure consultation rewritten by Wirral Council?
Phil Ward who chaired the consultation (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014
A while ago, well nearly two months ago I was at the last of the six consultation meetings about Lyndale School. Nobody could really fathom out then why the officers were keeping the notes of these meetings “a secret”. In fact, had it not been for the Freedom of Information Act request of the Wallasey Conservatives I doubt they wouldn’t have been published for a further few weeks (and let’s face it they can use “future publication” as a reason to turn down FOI requests).
The officer chairing that meeting, Phil Ward was adamant in that meeting that the notes were for councillors on the Cabinet. Previously on this blog I’ve written up a transcript of the first hour or so of that meeting. Yesterday I compared the transcript of the meeting to the notes that officers wanted to use to tell Cabinet Members about the meeting.
One of the councillors in Eastham (where Lyndale School is) (who was present at the meeting) is Cllr Chris Carubia. He has written several books for example, The Raven Flies which is described as “finding out the location of his father, Sigurd and his crew, join King Olaf of Norway’s invasion to the land of the Moor’s, encounter a strange new culture and battle a savage new enemy”. I’ve never read any of his books (this isn’t really a blog for book reviews) but this is to make a point. The reason I mention this obscure fact is that his books would be put in a library under the “fiction” section. He used his imagination to come up with them. They’re made up.
This is probably where the notes (which let’s face it officers were going to use to persuade Cabinet to make the decision they wanted) should be as they are veering towards a fictional account of that meeting. Now the alternative viewpoint is, oh don’t be so cruel John, officers are doing their best under difficult circumstances. Yes, they are, but we’ve seen this subtle rewriting of history recently before at the Improvement Board where Wirral Council asked for questions from the public, rewrote their questions and handed out the “approved” version of history to those at the meeting hoping nobody would “spot the difference”.
So what is the proof I have of this? Well yesterday (and believe me it took some time to do as it was a two-hour meeting) I compared the notes to the transcript of what was said by whom. I am only about halfway through the meeting. It is only then when you can compare and contrast the two versions that you see what edits were made, what was left out and how things were changed. After all this is consultation, Wirral-style where we ask for your contributions but then officers meddle afterwards with them.
Call me biased (because let’s face it on Lyndale I am and it’s an editorial line we all agree on here but this is a serious point about how consultations are done and how decision-making happens). Is this the way consultations should be done? If the information politicians take into account when making important decisions has been altered in between being gathered and being put before politicians by officer/s is this honest? Does the way the notes were presented originally give anybody reading them the impression that the meeting was vastly different to how it happened and the misleading impression (as apart from a brief list of some present) as no names are used so that officer’s views can look like people responding to the consultation?
Below this is just the first half of the meeting compared to the notes. Things I have added are I hope highlighted in green. There are aspects of the notes that are broadly similar to what happened and I’ve left them in unedited. The aspects of the notes that seem to be at odds with what was said, have got a line through and are replaced with a direct quote of what was actually said. There are sections which were originally blank in the notes and some of the extra detail has been added.
This is so you can compare the “Wirral Council version” to my version of what happened based on the transcript. I hope that is clear. Most of the changes happen to the “key points” column. As names aren’t in the original version, this could’ve originally given the misleading impression that “key points” were made by the public. However this is just officers’ (and the Cabinet Member’s) viewpoints. It would take a long time to transcribe the rest of the meeting and do the same with the last few pages of the notes. If I have the time I will though. You can listen to the whole consultation meeting at Acre Lane about Lyndale from start to finish if you wish. Please leave a comment on this as (as has been mentioned many times by politicians and others before) getting consultation right is key to the decision making process at Wirral Council.
Annotations are added in red.
Public Consultation Meeting re The Lyndale School held at Acre Lane
16th June 2014: 5.30pm to 7.30pm
In Attendance:
Julia Hassall: Director of Children’s Services, Phil Ward Senior Manager SEN, Councillor Tony Smith: Lead Member for Children and Family Services (arrived late not present from start), David Armstrong: Assistant Chief Executive, Andrew Roberts: Senior Manager School Funding and Resources.
Attendees 34.
Questions/Comments Key points
Can we have a copy of the notes which you have been taking throughout the 6 consultation meetings
Could you then have key bullet points, or pick
up the themes and can we see them.
These are high level summary notes and not minutes and we will be using them to inform Cabinet. They are to capture your views
Phil Ward: “They’re not for circulation.”
They will be made public when our report goes
to Cabinet
I have been to 100 companies so far and have asked them what they think of the closure of Lyndale and they are 100% against it.
You are public servants and you should be serving the needs of people not yourself
Thank you for your comments
Phil Ward: “Is that something you’d like to submit to us?”
The consultation document is not worth the
paper it is written on
Phil Ward: “point taken”
When the children’s assessments are done
will they be used to cost need. Will you look at the banding
The assessment is about capturing the most up to date information of a child. This will be done on an individual basis
Phil Ward “then we had captured the up to date information that we retain on the children so that we could begin on an individual family basis”
The banding system is new and it was agreed by the Schools Forum.
There will be review after the first year. DA/AR will feed this information you are raising back to the Forum
David Armstrong “Just on the banding system, the banding system where we have five bands because of the special schools budget. Clearly, it’s new so it’s only been in place for a short while and I mentioned the Schools Forum before.” … He referred to the Schools Forum and how questions about the banding feed into the Schools Forum.
Ed – 1st update: Everything below this has gone a bit wrong (table wise) below this point. I’m working on fixing it! 2nd update: Fixed (11:36 13/8/14) 3rd update 3:55 pm removed duplicate cell in column 1 (above)
Councillor Dave Mitchell:
Will the petition from 5 years ago also be presented to Cabinet?
“Will that include the decisions made by Council which were fully supported by all parties?”
All 3 parties fully supported it and decided not to close Lyndale
“I think that’s a very important issue, it should actually be highlighted. It was a notice of motion to Council and it was fully supported by the local authority at that time.”
David Armstrong: No, it would just include references to previous reports.
Julia Hassall: This is a new consultation.
“We did make clear reference to that to my recollection at the call in.”
Lyndale school is a fabulous resource inside the school as well as outside. We are able to take our children out so that they can enjoy the trees, the garden etc. The idea of squashing us into another school is not conducive to provide a high level of care and education
Phil Ward: “Thank you for that point.”
Is it 5 or 10 places in Stanley School, it is just a play on words
The new building was built to accommodate a higher number of pupils.
The number of extra places will depend on the needs of the children
David Armstrong: “The school’s brand new and what we learnt when the Lyndale School was built was looking at primary schools. We built them absolutely tight on the existing campus. We found that the schools became more popular and also you’re building something for fifty or sixty years. We’re building something for fifty or sixty years, so we’re building to a generous standard and the new style that was built to a generous standard. The school, the school that we’re building had a capacity of ninety pupils. The new building is capable of taking a hundred and ten and the reason for that is that we’ll be building to the maximum standards in place, we’re building some spare capacity because we’re investing several million pounds for the next couple of years.”
Are there any PMLD children at Stanley School at the present time?
No, but there are some children with PMLD at Elleray Park
David Armstrong: “The school was built to take the full range of PMLD.”
I have visited Stanley School and I would be petrified to leave my child there. I think it would be a massive risk as I don’t think my child will be safe “would be absolutely petrified to leave Scott there. I’m absolutely petrified.”
Both Head Teachers are confident that they can safely integrate your children into their school. Across the country there are many schools who do this successfully
Phil Ward thanked her for her point.
Has anyone spoken to Paediatricians or Specialist Health Visitors about this consultation
Phil Ward: “Sorry I can’t speak for paediatricians, but surely the point… No they have not, no is the answer to that.”
What is going to happen if there are growing numbers with children with CLD if you transfer our children into Elleray and Stanley
This is something which we have to manage all the time. We need to keep up with the changes in SEN.
Phil Ward said the question had come up a number of times and the answer was that Wirral Council has a responsibility on specialist provision. When there was evidence that the numbers were growing in any particular category then they would start discussions with schools to plan places.
In your special arrangements to provide an up to date assessment of each child you need to take into account that some of the children don’t have language etc and the environment is as important as well as relationships, friends, as well as a sense of place and security. They need a safe environment and this could be difficult if you mix them with children who have ASC ASD (autistic spectrum disorders)
We have asked our Principal Educational Psychologist to ensure that we have an up to date picture of each child and their needs. She understands each child and if we know the needs of each child, this will help to drive our future provision
Julia Hassall “This is why we’ve got our principal educational psychologist pulling together a group of meetings with the key staff involved with each child, the parents, any health professionals to really understand each individual child but also how the children interacty with each other.”
What aboutCouncillor Chris Carubia: However nobody had mentioned Foxfield School before? That was a great provision why have you not put this forward as an option
This is a secondary school; children come into this school at aged 11. One of the options mentioned in the consultation document is a 2 to 19 provision. We are looking at Foxfield School as an option as parents have asked us to.
Also it is important to remember that if we close Lyndale we will have a discussion about each child and parents can state their preference for any school
How come at Stanley only 90% is funded, will this mean that the other 10% will not be funded and have to be found our of their resources
She said that there were ten children at the school [Stanley] that were not funded and would this be sorted out if the Lyndale School children went to Stanley School?
Annually there is a census for each school. Numbers are reviewed and amended taking this into account.
Andrew Roberts replied, “In terms of places at special schools, those decisions are taken annually. So the schools take it at a point in time, the decision taken in respect of Stanley was taken last November as a census. Clearly we need to be reviewing, as do the number of places at other special schools.”
We gained public support when we fund raised £80,000 for the sensory garden, if you close what will happen to it and how will you give the money back to the general public who had donated it?
This was their hard work and you are going to knock down Lyndale!
There is an amphitheatre; do you know who built it?
It was the YTS lads from Wirral Action
Phil Ward: “We don’t know” David Armstrong: “there’s no decision been taken to determine it”…. In other schools we have always made sure that if we were about to close and transfer the children, we relocate any other equipment where possible. “anything that was in memory of a particular pupil we’ve dealt with that first and then we’ve gone on from that”We will look to relocate the sensory garden
David Armstrong: “I don’t know.”
David Armstrong: “I can’t know every detail.”
No
Ian Lewis
4 years ago officers put forward a proposal to close Kingsway Primary School because it was not financially viable and this was voted against and this school is still here. So what is to say 4 years on Lyndale will not be the same and continuing to deliver high quality care and education.
“If in four years time that’s [Lyndale] still here, who’s to say it won’t be viable?”
Kingsway remains a small school which limits its budget income and there is an outstanding Council resolution to carry out a review.
David Armstrong “In Kingsway, we haven’t gone back, but at some point there’s a Council resolution to go back and revisit Kingsway.”
Elleray and Stanley school do not always provide 1 to 1 support or even 2 – 1 support for their children so if you relocate Lyndale will that not effect their financial viability
The Head Teachers of both schools are confident that they will be able to manage integration of the children from Lyndale.
Ian Lewis
5 years ago at a full council meeting all 3 parties agreed to keep Lyndale open. Therefore the message is keep it open
Julia HassallThe difficulty as mentioned is that there is a change to the funding formula and we have been funding empty spaces in this school. You have been really clear during these consultations that what you want is wherever your children go to school that it needs to replicate the provision at Lyndale
“No, no the significant difference Ian now to five years ago, is the government have changed the funding formula. So Lyndale is currently funded as if there were actually forty children at that school and over the last seven years, the numbers have gone down. It’s been about fifty odd percent occupancy in the school and following the exact funding formula, it will mean that as some point, the £10,000 per a child will have to be applied and that will mean £230,000 for twenty-three children as opposed to £400,000 because there aren’t the children in the places.”
I have an issue in relation to the banding of our children. I accept that they all have different needs but my worry is that my child who is on band 4 is getting £8,000 less than others on a band 5 but what will happen at Stanley School? what band are they because how much money are they going to have taken off them?
We do not think that this will work as my son needs 1 to 1 care as although my son can feed himself he also needs to be fed as well.
Andrew Roberts: The banding is a new system and only came into being on 1st April 2014.
David Armstrong The question about whether your child is on the right band needs to be fed in to their annual review. You can also take this up with the Principal Educational Psychologist.
Julia Hassall said, “Can I just add one other bit, I think it’s important to feed that in through the psychologist when the meetings are taking place as well.”
If the banding was changed would that keep the school open?
David Armstrong:
In relation to the National Funding, Local Authorities have the ability to say what system they are going to use and Wirral chose to do a banding system which has no flexibility.
“decided to do away with this system, which you know because it was easier, but it really doesn’t have much flexibility or address the actual needs of the children involved.”
The difficulty is that by the time you go to the Schools Forum to change this system, Lyndale will be closed
(no response given)
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