What does an election year, Cllr Phil Davies, the Schools PFI contract, Lyndale School and the Wirral Schools Forum have in common?

What does an election year, Cllr Phil Davies, the Schools PFI contract, Lyndale School and the Wirral Schools Forum have in common?

What does an election year, Cllr Phil Davies, the Schools PFI contract and Lyndale School have in common?

                                                 

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, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School which was reviewed by the Coordinating Committee on 2nd October 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Added at 8/10 12:04 In response to a reader comment about this article, I am at the start of this adding a declaration of interest, in that my wife Leonora has the liability for Council Tax at the property we both reside. Council Tax is mentioned in this article. However it is already public knowledge that we both reside on the Wirral.

Earlier this year on the 16th June 2014 I made a FOI (Freedom of Information Act) request to Wirral Council for the PFI (private finance initiative) contract Wirral Council has for various schools (eight secondary, one primary and two City Learning Centres). That request was turned down on 9th July 2014 with the Council claiming section 43 (commercial interests) applied to the information. I requested an internal review of that decision on 9th July 2014 and am still waiting three months later for the result of that internal review!

In August 2014, as part of the 2013/14 audit using a right I have under s.15 of the Audit Commission Act 1998, I also requested a copy of the Schools PFI contract.

The next month (September 2014) I was asked to come and collect a paper copy of the contract from a Wirral Council building in Hamilton Square, Birkenhead, which it later turns out is incomplete and missing at least a few hundred pages (which I suppose is to be expected when you’re dealing with Wirral Council)!

One of the duller sides of journalism and blogging is the amount of reading you have to do to write properly about the topics you’re writing articles on. An alternative route is to just use a lot of quotes from experts. After all when I write about matters, people leave comments and sometimes ask follow-up questions in the comments or by email so I try and familiarise myself with the topic I’m writing about first so this can be easily done. This contract runs to 2031, costs ~£12 million a year and is with a company called Wirral School Services Limited (and others).

The day before yesterday I ploughed through the rest of the Schools PFI contract Wirral Council has with Wirral Schools Services Limited (at least the bit of it I have and isn’t missing). Some of the is haven’t been dotted and the ts crossed on the pages I have and there is a large chunk of it that is missing there are some bits I am unsure of. I’ve asked for the rest but how long that will take I’m not sure!

The contract has many boring details that even I find dull to read that I hope even you dear reader would not really find particularly interesting, such as details about school boilers, how many square metres rooms are in various schools on the Wirral & what colours the hot and cold water pipes are (although knowing my luck I’ll end up with a comment from an interested heating engineer telling me how much they’d love to read a detailed article about the building maintenance side of schools).

The Schools PFI contract also has the level of detail of the full names, NI numbers, dates of birth and other details of various employees employed to work at these schools such as cleaners and other staff. Wirral Council also runs the multi-£billion Merseyside Pension Fund, so there is an admission agreement with Merseyside Pension Fund to do with pension rights. There are pages and pages of details about staff as part of an admission agreement with Merseyside Pension Fund. I will however not be publishing such detailed information on living people as it would be a goldmine for ID fraudsters and the height of irresponsible journalism to publish dates of birth, NI numbers and names for large numbers of people!

In order to explain, I need to first write a summary about what this Schools PFI contract is about. This is based mainly on the index.

Part of it is a series of leases to Wirral Council for nine schools and other type of educational premises called city learning centres covered by the contract. At the end of the contract (2031 or earlier if the contract is terminated or modified) ownership of the schools and City Learning Centres reverts back to Wirral Council. Part of the contract is also for services provided at the schools and City Learning Centres such as school meals, caretaking, repairs to the buildings et cetera. Some information on this goes to the schools themselves, some to Wirral Council. There is also a joint liaison committee set up with people from Wirral Council and the contractor.

There are also variations within the contract to account for differences between the schools, for example from memory* (*the caveat is I don’t always remember things correctly and haven’t double checked this against the contract again) I think Leasowe Primary School uses a slightly different system for school meals to the other secondary schools.

Some of the contract also relates to transitional provisions from the previous supplier Jarvis. This applied really in the early stages of the contract.

It’s all very long and very complicated and unless you have an interest in the area or are involved with Wirral Council, one of the nine schools (which are Leasowe Primary, Bebington High, University Academy of Birkenhead (formerly called Park High), South Wirral High, Weatherhead High, Hilbre High, Prenton High, Wallasey High and Wirral Grammar Girls) or two City Learning Centres (Wallasey City Learning Centre and Hilbre City Learning Centre) involved or the contractors in some way it’s probably not very interesting to you. It also interestingly falls into the set of contracts that Wirral Council will be legally required to publish at some future stage in the coming weeks.

The contract is so long and heavy (even with the missing pages) that I had to familiarise myself with our manual handling procedures just to figure out how to lift it up (and am grateful to myself that I didn’t drop it on my foot).

The first section marked “Private and confidential” is an agreement between Wirral Borough Council [1] and Wirral Schools Services Limited [2] dated 9/9/2004 and is called “Deed of Amendment and Restatement relating to Wirral Schools PFI project”. Addleshaw Goddard (a law firm) are mentioned at the bottom which are I presume are the law firm that drafted it. This section is 10 pages. This was when it was renegotiated in 2004.

So Section 1 – “Deed of Amendment and Restatement relating to Wirral Schools PFI project” 9/9/2004 10 pages

Then there’s section two, which is a “CONFORMED COPY” of a project agreement dated 27/3/2001 between Wirral Borough Council and Wirral Schools Services Limited which was amended and restated pursuant to the “Deed of Amendment and Restatement” (I’ve just mentioned) dated 9/9/2004. Rowe & Maw or 20 Black Friars Lane, London are at the bottom of the title page, their ref is 617/343/476/27909.1. Rowe & Maw were a legal firm based in London, they then became Mayer, Brown, Rowe & Maw in 2002 and in 2007 shortened their name to Mayer Brown. Apparently now they are the 22nd largest law firm in the world.

Section 2 – “Project Agreement amended and restated pursuant to a Deed of Amendment and Restatement dates 9/9/2014” dated 27/3/2001 198 pages

Schedule 1 (Volume 1 of the schedules) between Wirral Borough Council and Wirral School Services Limited is mainly series of headleases and underleases for various schools:

Pt 1 Bebington Headlease (16 pages and refers to Land Registry title MS435412)
Pt 2 Hilbre Headlease (16 pages and refers to Land Registry title MS435411)
Pt 3 Park High Headlease (15 pages and refers to Land Registry title MS435414)
Pt 4 Prenton High Headlease (8 pages) * note the copy I have been given is partially incomplete as this is missing pg 9 and schedules 1-4
Pt 5 South Wirral High Headlease (15 pages and refers to Land Registry MS435824)
Pt 6 Wallasey Headlease * missing
Pt 7 “Not used”
Pt 8 Weatherhead Headlease * missing
Pt 9 Wirral Girls Headlease * missing
Pt 10 Bebington Underlease * missing
Pt 11 Hilbre Underlease * missing
Pt 12 Park High Underlease * missing
Pt 13 Prenton High Underlease * missing
Pt 14 South Wirral High Underlease * missing
Pt 15 Wallasey Underlease * missing
Pt 16 “Not used”
Pt 17 Weatherhead Underlease * missing
Pt 18 Wirral Girls Underlease * missing
Pt 19 Plans * missing

This comes to only 55 pages supplied out of an estimated 280 which is hardly a way for a Council to comply with its requirements under the audit legislation is it!? Hopefully they treat Grant Thornton (their external auditors better than this)!

Schedule 2 and 3 following it are then completely missing. I wonder at times if Wirral Council can’t do something simple like actually making a copy of a contract for the purposes of the 2013/14 audit without messing it up, what else are they getting wrong (are they deliberately trying to hide something)?

These are:

Schedule 2 Financial Matters * completely missing all parts 1-8
Part 1 Lenders Direct Agreement * missing
Part 2 The Council’s Design and Building Contract Direct Agreement * missing
Part 3 The Council’s Support Services Management Direct Agreement * missing
Part 4 Design and Building Contract Performance Guarantee * missing
Part 5 Support Services Management Agreement Performance Guarantee * missing
Part 6 Initial Senior Funding Agreements * missing
Part 7 Other Initial Funding Agreements * missing
Part 8 Rules for Refinancing * missing

Schedule 3 Works * completely missing parts 1-10 and appendices
Part 1 Design Development Procedure * missing
Part 2 Prohibited Materials * missing
Part 3 Schedule of Key Dates * missing
Part 4 Outline Design Documents * missing
Part 5 The Completion Standards * missing
Part 6 Decant Programme Methodology * missing
Appendix 1 Decant Programme: Park High * missing
Appendix 2 Decant: Further Obligations * missing
Part 7 Handback Requirements * missing
Part 8 Project Programme * missing
Part 9 Construction Site Rules * missing
Part 10 Handback Survey * missing

Schedule 4 between Wirral Borough Council and Wirral School Services Limited is to do with Payments and is split into:

Cover pages (2)
Part 1 Definitions (11 pages, definitions from “Agreed Market Testing Proposal” to “Zone Drawings)
Part 2 Services Contract Payment (5 pages)
Part 3 Performance Deduction Look-up Table (1 page)
Part 4 Table of Service Units per School (1 page) GSUs for each school totalling 28,047 GSUs
Part 5 Monitoring (7 pages)
Part 6 Utility Services (5 pages)
Part 7 Third Party Use (4 pages) dealing with issues such as vending machines
Part 7A Catering (6 pages)
Part 8 Value for Money Testing (12 pages)
Appendix 1 Form of Performance and Payment Report (45 pages) These are examples of the payment reports that go to each school either from Jarvis Workspace FM or Wirral Schools Services Limited.

Schedule 5 is the Accommodation Services Output Specifications (82 pages long)

Schedule 6 is the Support Services Output Specifications
Part 1 Building and Asset Management Output Specifications (12 pages)
Part 2 Support Services Requirements and Performance Tables (59 pages)
Part 3 Service Level Agreements (such as control of pests) (141 pages)
Part 4 Service Level Agreements Alteration Procedure (4 pages)

Schedule 7 Reports and Records
Part 1 Reports (3 pages)
Part 2 Records (2 pages)

Schedule 8 Variations
Variation Notice (1 page)

Schedule 9 Insurance (2 pages)
Part 1 The Part 1 Insurance Period (10 pages) deals with construction all risks, business interruption insurance & public liability insurance
Part 2 The Part 2 Insurance Period (8 pages) deals with property all risks insurance, business interruption insurance & public liability insurance
Appendix 1 Endorsements (4 pages)
Appendix 2 Broker’s Letter of Undertaking (4 pages)
Appendix 3 Business Interruption Insurance – the Authority’s Obligations as Insurer (4 pages)
Appendix 4 Schedule of Insured Parties (2 pages)

Schedule 10 Liaison Committee (4 pages)

Schedule 11 Compensation on Termination
Part 1 Definitions (6 pages)
Part 2 Project Co Default (6 pages)
Part 3 Authority Default (2 pages)
Part 4 Notice by the Authority (8 pages)
Part 5 Fore Majeure, Uninsurability and Planning Challenge (1 page)
Part 6 Corrupt Gifts (1 page)

Schedule 12 Dispute Resolution Wirral Borough Council & Wirral School Services Limited
Cover pages (2 pages)
Dispute Resolution (9 pages)

Schedule 13 Senior Representatives (1 page)

Schedule 14 Compensation Events (2 pages)

Schedule 15 Methodology for Asbestos (2 pages)
Appendix 1 MB Wirral Policy (16 pages)
Appendix 2 Asbestos Survey Risk Assessment (6 pages)

Schedule 16 Liquidated Damages (2 pages)

Schedule 17 Quality Systems
Part 1 Design and Build Period Quality System (24 pages)
Part 2 Operational Period Quality System
Appendix 1 A Quality Policy (1 page)
Appendix 2 B Certificate of Approval (2 pages)
Appendix 3 C Proposed QA Implementation Plan (1 page)
Appendix 4 D Contact Directory (1 page)
Appendix 5 E Local Procedures (1 page)

Schedule 18 Employees
Part 1 Employee Information (6 pages)
Part 2 Terms and Conditions of Employment (1 page)

Schedule 19 Admission Agreements and Bonds
Part 1 Jarvis Workspace FM Limited (Wirral Borough Council and Jarvis Workspace FM Limited and Wirral Schools Services Limited) Merseyside Pension Fund Admission Agreement with Transferee Admission Body (15 pages)
Part 2 Compass Group PLC
(Wirral Borough Council and Compass Group PLC and ??? ) MPF Admission Agreement with Transferee Admission Body (12 pages)
(Wirral Borough Council and Compass Group PLC and ???) Agreement for a bond and indemnity in respect of sums due under an admission agreement arising from the premature termination of a best value arrangement (8 pages)
Part 3 MTL Commercial Limited (22 pages)

Part 3 is an admission agreement to the Merseyside Pension Fund between Wirral Borough Council, MTL Commercial Limited and Merseyside Pension Fund from 2001. This also relates to an unfilled in guarantor (which I will have to assume is Compass Group PLC), MTL Commercial Limited and Wirral Borough Council as well as a bond and indemnity. This admission agreement also relates to Jarvis Workspace FM Limited. This is one of the schedules which includes pages and pages and pages of staff surnames (organised alphabetically by staff surname), initials for staff names, NI (National Insurance) numbers, post titles, pension and birth dates et cetera. However on the copy I was supplied with much has been left incomplete such as the date the agreement was agreed in 2001, the office address of MTL Commercial Limited and much other detail is missing too such as director and secretary signatures.

The end of schedule 19 is an agreement between Wirral Borough Council and MTL Commercial Ltd and ???? which is titled “Agreement for a bond and indemnity in respect of sums due under an admission agreement arising from the premature termination of a best value arrangement”. This too is incomplete and unsigned.

Schedule 19 – Admission agreement (Merseyside Pension Fund/ Wirral Borough Council/MTL Commercial Limited) – 22 pages

Schedule 20 is a one page staff security protocol which details the information staff have to provide on any criminal matters and also references they have to provide before getting a job. There is also information detailed here that they have to provide to their employer during their employment if things change.

Schedule 21 is “operational site rules” – 19 pages long

Schedule 22 is a “draft transitional services agreement” which is an agreement for the supply of transitional services between Wirral Borough Council and Jarvis Workspace FM Limited which is 145 pages long

Schedule 23 is about the City Learning Centre (8 pages long)

Schedule 24 is the “non moveable equipment schedule of rates” (5 pages)

***

As the contract is so long, has been supplied incomplete and falls within the category that Wirral Council should be publishing within a matter of weeks, I won’t be scanning in the whole contract and publishing it! If there are any sections you would like me to publish though (that aren’t in the missing sections) please leave a comment or send me an email.

It is going to be discussed at the Wirral Schools Forum meeting tonight as the Wirral Schools Forum is being asked to make £2.3 million of in year savings to pay for it (which is in addition to the £600,000 of savings made earlier this year to pay for PFI), see report of Julia Hassall (Director of Children’s Services) here and an appendix showing its effect (if agreed) on the 2014-15 Schools Budget.

Just to make it clear the amount paid under the PFI contract isn’t going up by £2.5 million a year as it’s pegged to increases based on RPI.

The ratio between December 2013 RPI and December 2012 RPI was an increase of 2.674%.

There is then an “efficiency factor” of 10% built into the contract.

So, 90% * 2.674% = 2.4066%

So the yearly increase this year in PFI costs is in the region of ~£289,000 . Next year’s increase will be known when the RPI data for December 2014 is published.

So why ask is the Wirral Schools Forum being asked to make £2.3 million of cuts in year (2014-15), in addition to the £600,000 of cuts earlier this year for the Schools PFI contract then and what is this actually going to fund instead?

Well last year there was a 0% rise in the Council Tax (after a budget was prepared a few months before showing a 2% rise). Yes a freeze on Council Tax means Wirral Council got a grant which equates to a 1% rise. I presume for the financial year 2015/16 based on statements previously made by Cllr Phil Davies that senior officers at Wirral Council are also planning for a 0% rise for 2015/16 (although we’ll all find that out for sure over the next few months at a Council meeting as plans are sometimes subject to change).

It’s also interesting to note that Cllr Phil Davies (who is the Cabinet Member for Finance/Leader of the Council) four year term of office comes to an end in May 2014 so this is an “election year” for him (presuming he wishes to stand again which by all the recent press articles about Cllr Phil Davies related to Birkenhead & Tranmere means it is likely that Labour have picked him as the candidate for this area already). What better way for Cllr Phil Davies to get himself elected by telling the voters of Birkenhead and Tranmere that he has frozen their Council Tax (helpfully leaving out in leaflets to the voters in Birkenhead and Tranmere the inconvenient facts that this will come at the expense of cuts made this year (pending Wirral Schools Forum approval) to the money spent on pupils with a disability, statements, support for Special Educational Needs, maintenance of school buildings, axing funding for the School Sports Coordinator & use of swimming baths (although this two last items may be funded in future by schools directly themselves through the traded services) and other in year cuts to the Schools Budget)? Oh and also another inconvenient truth that thanks to cuts made by his Cabinet to Council Tax support many in Birkenhead & Tranmere are now having to pay 22% of their Council Tax bill whereas previously they had to pay nothing as 100% of their bill was covered by Council Tax Benefit?

After all, if Cllr Phil Davies is challenged between now and the elections in May about why he is making all these cuts by presumably the Conservatives, Lib Dems or Green Party, he based on past experience of his answers to this very question will probably blame the need to make any cuts to Wirral Council’s budget on the Coalition (Tory and Lib Dem) government, which of course absolves himself of any responsibility for these “difficult decisions”. This is of course is conveniently leaving out the fact that:

a) Wirral Council decides itself whether it wants to freeze Council Tax, rise it or decrease it each year. There is a majority Labour administration in charge of Wirral Council since 2012 so they make these decisions on the budget, Labour decided the 2013/14 budget, the 2014/15 budget and will decide the 2015/16 budget. If Labour want a Council Tax rise over x%* (a figure set by the government each year which was set last year at 2%) they have to win a referendum of the people and
b) that these are all locally made decisions over how the money is spent and that he’s the Cabinet Member for Finance (therefore he is the politician with democratic accountability to the public (and other politicians) for tax and spending decisions).

Of course there are some that would also say that these plans have come from senior officers at Wirral Council, not the Cabinet Member himself and will ask well is it a case of the officer tail wagging the Labour dog instead of the other way round? However senior officers at Wirral Council and politicians do surprise, surprise work together! These large in year changes to the agreed budget do also show as Cllr Stuart Kelly (Lib Dem audit spokesperson) quite recently pointed out at a recent public meeting that in his opinion this year’s (14/15) budget isn’t stable if changes are being made in year!

In fact at this point a £3 million overspend is predicted by the end of the year! I’m also curious as to why the date of the next Council meeting has been shifted from the 13th October 2014 to 20th October 2014. I’m sure it can’t be just because I tabled a question and they need an extra week to answer! If anyone knows the answer to that mystery please leave a comment?

Here’s an interesting question that stems from all this though. Despite the flim flam and contradictory statements over Lyndale School, is the price of Cllr Phil Davies getting reelected in May 2015 in Birkenhead & Tranmere the closure of Lyndale School (in Eastham) or is he just “rubber stamping” plans of senior officers?

After all the closure of Lyndale School currently pencilled in for January 2016 (if agreed by Cabinet later this year) won’t actually happen until after the May 2015 elections have taken place.

Can the many Labour councillors on Wirral Council seriously sleep at night knowing all this or are some behind closed doors expressing their disquiet about how this has played out in private meetings (especially the ones facing the electorate in May 2015)? Are Labour councillors worried that being directly involved in a decision about Lyndale (whether Cabinet or call in) will either affect their ability to be reselected by their fellow party members or indeed their future election prospects when they face the public at election time? Does this also explain why so many Labour deputies were sent to the Coordinating Committee meeting about Lyndale School last week? It’s all very mysterious isn’t it as one can only guess at what happens behind closed doors!?

I know the Cabinet decision to consult on axing Children’s Centres (currently on hold due to Conservative councillors calling it in) isn’t going down well with some Labour Party members (to put it mildly). That decision (made in the last few weeks by Cabinet) “called in” by Conservative councillors (Councillor Paul Hayes seems to be fast becoming the “call in councillor” and is going to be reviewed at a special meeting of the Coordinating Committee on the 15th October 2014 starting at 5.00pm (you can read the papers for that decision here).

Will Labour councillors decide that enough is enough when it comes to children’s centres, or will they agree with the Labour Cabinet and agree to start a consultation on closing them?

We’ll just have to wait and see! Please leave a comment on the above as I am interested to read your views!

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UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

UPDATED: 9 Labour councillors vote to continue to next stage of consultation on closing Lyndale School despite concerns raised

                                                                          

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, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School which was being reviewed by the Coordinating Committee on 2nd October 2014 L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

Wirral Council’s Coordinating Committee (which comprises fifteen councillors, two parent governor representatives, a Catholic rep, is required to have an Anglican rep but at this stage I don’t really know why there isn’t one), met on the evening of 2nd October to reconsider the Cabinet decision of 4th September 2014 which made a decision to consult on closure after the “consultation” earlier this year. Neither of the two parent governor representatives (who have speaking and voting rights) nor the Catholic representative (who also has speaking and voting rights) were present.

According to correspondence received hours before the meeting, a senior Wirral Council officer stated they have previously tried to persuade the Church of England to appoint an Anglican representative, but have failed and refers to this as merely an “anomaly”.

Here is the list of the people who made the decision itself and were there on the night, including matters such as whether they are spokesperson, Chair, Vice-Chair and which political party. I have listed people who are on the committee first, it is unclear to me who the Conservative spokesperson was or whether it was Cllr Bruce Berry or Cllr Leah Fraser who was deputising for him:

Labour
Cllr Moira McLaughlin (Chair), Labour
Cllr Paul Doughty (Vice-Chair), Labour
Cllr Janette Williamson, Labour
Cllr Michael Sullivan, Labour
Cllr Denise Roberts, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr Harry Smith, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr James Crabtree, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams
Cllr Ron Abbey, Labour * note deputy for either Cllr Phillip Brightmore, Cllr Anita Leech, Cllr Christina Muspratt or Cllr Jerry Williams

Conservative
Cllr Wendy Clements, Conservative
Cllr Tom Anderson, Conservative
Cllr Steve Williams, Conservative
Cllr Bruce Berry, Conservative * note deputy for either Cllr Chris Blakeley or Cllr Mike Hornby
Cllr Leah Fraser, Conservative * note deputy for either Cllr Chris Blakeley or Cllr Mike Hornby

Lib Dem
Cllr Phil Gilchrist, Liberal Democrat spokesperson

So to summarise, that is eight people on the committee and seven deputies substituting for people who are on the committee but chose to send a deputy in their place for reasons best known to themselves.

Ultimately the decision taken at the end of a long meeting (there were a series of votes at the end on whether to uphold the decision or refer it back to Cabinet to reconsider based on concerns councillors had) was to uphold the Cabinet decision of the 4th September 2014. This was taken on a majority of 9 votes to 6. Each of the alternative recommendations failed on a vote of 6 to 9. The alternative recommendations which were lost were proposed by by Cllr Phil Gilchrist (Lib Dem spokesperson) and Cllr Steve Williams (Conservative councillor).

Labour councillors (9) voted to uphold the Labour Cabinet decision. The joint votes (6) of the Conservative councillors (5) and Liberal Democrat spokesperson (1) voted against Labour’s recommendation.

Although six councillors were in favour of not implementing the Cabinet decision of 4th September and referring it back to Cabinet with their concerns, they were outvoted by the nine Labour councillors who voted against.

This means the Director of Childrens Services, Julia Hassall can now go ahead to the next stage of closing the Lyndale School which is a short consultation (lasting about a month). Even if Wirral Council were taken to court over this matter, Surjit Tour made it quite clear in a formal letter to me that they would not pause the process and would just carry on doing this, regardless of many outstanding legal concerns. In the interests of transparency at this point, I refer to the exchange of letters between myself (mainly the one of 8th September 2014) and Surjit Tour in this matter about the possibility of legal action through the courts.

He is of course entitled to his opinion on this matter, so am I. He has to work within the policy and budget framework of Wirral Council and is in a politically restricted post, I have to consider other concerns such as financial, legal, political and commercial (it’s complicated basically).

Following this consultation Wirral Council’s Cabinet will make a further decision at some future point on closure of the Lyndale School. As it was such a long meeting and negotiations over potential access to Wirral Council’s wi-fi network for live broadcast of meetings as they happen have stalled, only part of the footage of the five-hour meeting at the time of writing has been uploaded. You can watch video of part of the meeting below.

On a more personal note and this is just my opinion, I would like to point out (briefly) that politics comprises objective and subjective tests that can be applied when determining decisions.

Nobody expects politicians to be experts as they are there to represent the public interest. In certain areas such as law and other areas they have to rely on the internal advice of Wirral Council officers. That is why officers giving advice are in politically restricted posts and can’t really be seen to be taking sides in a party political matter.

Although it would be unlawful to drop Lyndale School’s budget by more than 1.5% under the minimum funding guarantee regulations this year (2014-15) compared to its 2013-14 budget, the government is currently consulting on draft regulations which would remove this current protection under the minimum funding guarantee for SEN places in 2015-16. However there is a current consultation on regulations which cover 2015-16 and the draft regulations put to Parliament may differ from those being consulted on.

In fact you only have to look at how the regulations on filming meetings of Wirral Council changed after the consultation and lobbying by people such as myself to show that that is a distinct possibility.

However how much Lyndale School receive this year for the education of children there and in future years is down to a complicated combination of the Wirral Schools Forum, Cabinet, Council and other factors beyond anybody’s reasonable control. A schools formula is arrived at locally by a combination of the Wirral Schools Forum, Cabinet and Council. This schools formula determines how much each individual school gets each year (and is changed each year).

In essence though, this shouldn’t really be about money. The law allows Wirral Council to close a school, however naturally they have to plan for what happens next to the existing pupils. Some will transfer to secondary school well before the planned closure date of January 2016. This should really be about the children of Lyndale School.

I will recite a little personal history here. My primary school was changed (when I was 10), not because of closure but because my parents had moved three miles away and transport to and from school was taking my mother longer than it was when I only lived a mile away.

Therefore my perception of what happens to a primary aged child when you do this to them, is somewhat clouded by that. Twenty-four years later, I still resent that decision, as I do not feel my interests were properly considered especially considering the fact I would’ve left that primary school within the next twelve months to go to secondary school and that we had moved house many years previous.

I can understand though that it resulted in a reduced carbon footprint as I could walk to the school I was transferred to. It ended up with me being admitted to hospital for a week though and knowing how much that costs makes it a false economy.

The children of Lyndale School are more fragile than I was at aged ten. Wirral Council identify themselves in a Equality Impact Assessment that the disruption will have an effect on the children.

However a letter from their legal department takes the contrary view that any potential risks can be mitigated against. Personally I have no confidence in Wirral Council that the potential risks have been mitigated at this stage, as my feeling is that such detailed planning won’t actually happen until a decision to close (or not close) the Lyndale School has been finally made at some future point. At this stage officers may consider behind the scenes that spending officer time and resources on planning for something that might not happen would not be value for money. However all scenarios should be explored if Wirral Council insists on going down this route.

Considering the high costs already expended by Wirral Council on their plan to close Lyndale School, one wonders if that seemingly large and endless budget allocation had instead been used for keeping the Lyndale School open, whether it would’ve been a better use of public funds. Each time they hold a public meeting it costs thousands of pounds and there have been many of these so far. Such is the price of democracy I suppose which has deliberately made closing a school a long and drawn out process so that a “spanner can be put in the works” to stop it at any one of many stages.

Some people are surprised it has not been stopped before now. However looking at the wider aspects of the way society treats disabled people, prejudice and other matters I am not wholly unsurprised by this course of events.

Below is a playlist from when the meeting started. When the video was shown due to an outstanding unresolved copyright claim regarding one of the two pieces of music used in it by Sony Music Entertainment, the video has sadly had to be edited out of the footage of the meeting. However it can be viewed elsewhere online.

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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)

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)
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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Lyndale School Closure Consultation Meeting 16th June 2014 (Audio only)

Continues from Lyndale School Consultation Meeting: Cllr Dave Mitchell “They need the care they’ve got!” (part 9).

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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Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

Lyndale School Consultation branded “white-wash” & 1 officer is singled out for criticism for lack of impartiality

                           

Phil Ward (Wirral Council's SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014
Phil Ward (Wirral Council’s SEN Lead) at a later meeting of Wirral Schools Forum 2nd July 2014

Lyndale School has of course made the news again, as the “high level notes” of the six consultation meetings have been published in response to a Freedom of Information Act request.

The concept that these “high level notes” should actually be used as part of the decision-making process is an interesting one.

I was at one of the six consultation meetings so I looked at the “notes” for that one and compared it to my own notes, transcript of the first hour (part 1, part 2, part 3, part 4, part 5, part 6, part 7, part 8) and an audio recording of what actually happened.

As Tom Harney (the Chair of governors at Lyndale School) himself said at that actual meeting in relation to another matter “it’s amazing the things that go on”. He was also one of the few speakers at that meeting to get applause. The comments made by Cllr Paul Hayes (a Conservative councillor who if I remember correctly was also present at that same meeting) about the consultation process as reported in their local paper were very critical of the way the consultation process and that meeting was handled.

As I’ve mentioned the Conservative and Lib Dem positions, I should mention that the only Labour councillor I recognised at the meeting (Cabinet Member for Childrens’ Services Cllr Tony Smith) arrived late. It is of course extremely difficult to describe what the Labour position is on Lyndale School other than being pro closure consultation, telling the public that they have an open mind and that no decision has been made yet. A decision is expected on the 4th September on the next stage. The point that Labour are keen to make is not for Labour to do things that would give the impression that they have made their mind up. This was again made at the July Council meeting by Councillor Tony Smith and Councillor Phil Davies.

So in the words of a Wirral Council officer Phil Ward what was the purpose of these notes about the meetings? Phil Ward said “They’re notes recording the high level points raised at the meetings and importantly we will be reporting them to Cabinet.”

I had a look through the notes for the one question I asked in the two-hour meeting (something is there but it bears little resemblance to what I asked). It wasn’t there in any form that resembles what I asked. Maybe it wasn’t classed as “high level” enough. Maybe I should instead have started by saying “This is a high level question I am asking so please put it in the notes”. Or maybe Wirral Council doesn’t like putting down tricky questions and answers and prefers to subtly rewrite the historical record to suit itself.

However this isn’t about me. This is about Lyndale School. Let’s have a look at the notes Wirral Council produced.

Here’s the first line of their notes “10th April 2014: 10am to 12pm”

Err no, seems Wirral Council can’t get the date and time of its own consultation right (which should worry you there right from the start if they can’t get the simple stuff right like the date and time!) It should read “16th June 2014: 5.30pm to 7.30pm”.

Turns out there were two different meetings at Acre Lane as part of the consultation. There were notes from both meetings. Apologies.

Moving on, it seems the “points” column according to the table used are not what the people had to say at the consultation. No the “points” column is reserved solely for points made by officers and the Cabinet Member Cllr Tony Smith.

The more difficult questions raised, the important concerns of parents about what’s going to happen, what appears in the points column? Nothing… almost as if Wirral Council is ashamed as to what was said to these questions to be known in public.

Even some of the answers that do make it are misleading. At least one of the officers is in fact tying themselves in knots and going into policy areas that strictly speaking in my opinion they shouldn’t. To the best of my knowledge all the officers at that meeting are in politically restricted posts. One of these legal restrictions from what I remember is that they are not allowed to “speak to the public at large or to a section of the public with the apparent intention of affecting public support for a political party”.

Now I will make this clear, I’m not referring to Julia Hassall, David Armstrong or Andrew Roberts. These people are senior professionals and although I’m sure people like me make doing their jobs more difficult, I will state now my personal opinion that all three have been extremely professional in my past dealings with them.

This is despite me doing what in any other sphere of life outside the political arena would be classed as behaviour that would lead to people falling out with each other. I have written things (robust criticism would be putting it very mildly) that disagree with their professional opinions and have pointed out what I perceive as flaws in arguments they have used. They know I do not however do this out of malice or anything personal.

That’s just the nature of politics as one of the rules is “don’t take things personally”. Other people’s opinion of them may be wildly different but like myself they are doing a job in a highly political environment, so criticism goes with the territory. They are public figures (as are politicians) and are rewarded with a high salary partly to reflect the problems that having to deal with the likes of the press can cause.

Now you can point out at this point the press is supposed to be impartial. I try to be even-handed (and believe me that’s very difficult at times) and to quote Cllr Jerry Williams recently “There’s no side to the gentleman, he does a very good job”. An editorial decision (and I’m pretty sure the Wirral Globe takes a similar policy stance too) was made a long time ago that we’re against the closure of Lyndale School, but obviously in the reporting of this matter to do it justice we have to report both sides of this issue.

There are people of course that are for the closure of Lyndale School. You are entitled to your opinion too (it just happens to be one that this publication disagrees with but that is the nature of politics)! However one of the extremely important roles of the press in society is to stand up for the viewpoints of people who can’t advocate for themselves. The children of Lyndale School are in that position.

The person to whom my criticism is about at that meeting is the Wirral Council officer Phil Ward. Now I’m not saying he said things downright stupid and overt like “vote Labour in May” I’m not. However throughout the whole meeting he appeared to champion a particular policy position/stance on this matter.

There is admittedly a fine line between explaining decisions that have already been made and talking about decisions that have yet to be made by politicians in the future. The former is entirely legitimate for officers to do. Taking policy positions (especially on a party political matter such as how education budgets are spent) is something that officers have to be very careful of.

Now officers can say in relation to future decisions “based on my professional advice or opinion I advise you to do X (or X, Y and Z are options I’d prefer you to do X). However the decision is up to you.” That is one thing, however they should not advocate support when speaking to the public during a consultation for a particular political decision that has yet to be decided or even worse give the impression that a decision has already been made when it hasn’t yet (even if they think they can guess how it will be made). If they go down this route, their impartiality will be called and can be called into question (and his was during the meeting).

No officer at Wirral Council I know of before in a politically restricted post has done what was done at that consultation meeting by Phil Ward in the way he did it. Believe me, during meetings politicians have put officers under extreme pressure to take sides. Most officers with some common sense (and there are a lot of them at Wirral Council) will politely decline to answer such questions. This is what should happen.

This was however what the audience at Acre Lane found so amazing. A consultation is supposed to be about listening to their views (and yes Wirral Council has a long way to go on getting better at involving the public in their decision-making). However chairing this meeting was an officer who was the equivalent of waving a red flag to a bull. Had he come to the meeting with the genuine attitude of “We’re here today to hear your views, the purpose of the consultation is to do that, we appreciate you being here and we’ll listen carefully to what you have to say.” then I think the audience would’ve applauded him. However the impression the audience got was that he was lecturing them and completely impervious to any other viewpoints.

Sadly this particular officer did somewhat get stuck in “broadcast” mode. However, this attitude leads to the audience getting the following impression and I quote from the notes “No one has fully answered any question. You are just white-washing it. You have already made your decision”.

The Wirral public are not stupid, nor are they children. They are able to read people’s body language and how they say something. How something is said and the person’s body language when saying it are a large part of its meaning. Sadly Phil Ward didn’t seem politically savvy enough that night to develop a positive relationship with the audience. Nor did he seem to appreciate the way power shifts. The senior officers are better attuned to these kind of things.

There was for example in that room that night, Emma Rigby from the Wirral Globe, myself and Leonora. For those who recognise us, they’d know that that amount of people from the press means you have to be very careful what you say. I hope to carry on in the next few days with publishing a transcript of the long meeting itself. In the meantime the below links should take you to what has been published so far.

Lyndale School Consultation Meeting: Tom Harney “it’s amazing the things that go on” (part 8)
Lyndale School Consultation Meeting: Funding, banding and need (part 7)
Lyndale School Consultation Meeting: Kingsway, funding and hydrotherapy pools (part 6)
Lyndale School Consultation Meeting: questions about the sensory garden, resources, Elleray Park and Stanley (Part 5)
Lyndale School Consultation Meeting: questions about Stanley, Elleray, Foxfield & the educational psychologist (Part 4)
Lyndale School Consultation Meeting: questions about banding, outdoor space and Stanley School (Part 3)
Lyndale School Consultation Meeting: David Armstrong explains why there’s a consultation and questions begin (Part 2)
Lyndale School Consultation Meeting: Julia Hassall explains why Wirral Council are consulting on closure (Part 1)

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Audio of entire consultation meeting

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The politics of jealousy: why Wirral’s 66 politicians need to be careful what they say about disability

The politics of jealousy: why Wirral’s 66 politicians need to be careful what they say about disability

Liverpool Carnival 12th July 2014

Liverpool Carnival Parade 2014: A number of wheelchair users taking part in the parade

The politics of jealousy: why Wirral’s 66 politicians need to be careful what they say about disability

                         

Above is a photo of a carnival you will probably never get to see in a newspaper as it shows two disabled people in wheelchairs participating in the parade. So why am I showing you this and what relevance does it have?

For years, Wirral Council has got itself into trouble on disability issues. I’ll briefly recap, Martin Morton and the way Adult Social Services treated disabled adults, the proposed closure of Moreton Day Centre and now the proposed closure of Lyndale School.

The thread running through all of those is an extremely dangerous one to tell society. It’s one of withdrawing services for those with a disability or in the case of Martin Morton’s whistleblowing shamefully taking advantage of adults with disabilities as some of them due to the nature of their disability can’t stand up to organisations like Wirral Council without outside help.

So what sort of message does this give out? It’s one of jealousy of the vital services people require because of their disability. It’s one that fuels an increase in disability hate crime (much of which goes unreported). It’s one (that in the case of Lyndale School) thousands signed a petition against it going any further.

Disabled people are a part of society. I was brought up in the 80s and we were taught to be accepting and tolerant. When I was a teenager I went to school with a lad who had epilepsy, he used to routinely have fits and the school called an ambulance due to him knocking himself out. We didn’t treat him any differently though because of his epilepsy! We treated him as a friend.

In adult life I sat on a university committee of staff and students (I was there to represent the views of ~17,000 students). In what to some will seem an extremely ironic twist, the law library wasn’t accessible to wheelchair users as it was on the first floor. Despite our pleas, despite this being unlawful, the Chair of the committee was told that the university wanted to spend the small amount of money for adapting the building on other things. Disabled students weren’t a priority you see, not to senior management who came from a bygone age when people with disabilities didn’t go to university.

However, politicians have to be extremely careful when dealing with sensitive issues involving minorities. There’s a sensational over reporting of benefit fraud cases in the media. Officially more is lost to administrative errors than benefit fraud and the rates of benefit fraud are extremely low. Due to the press coverage this isn’t what some of the public think. Telling the public such boring facts sadly doesn’t tie in with the political line of some irresponsible tabloid sensational journalism.

So going back to Lyndale School. My views on it are well known and on public record. I don’t have any personal connection to the place other than having known its Chair of Governors Tom Harney for many years. The problem for Wirral Council is this though, it has a very chequered history involving disability issues that the public know about through the press. Such issues weren’t caused by one or two people being prejudiced but a culture at Wirral Council that allowed this to operate.

Now I know there are plenty of politicians at Wirral Council that know what happened in the past was wrong and despite what some people may think about politicians I know that many have a highly developed sense of right and wrong and know in their hearts when they’re asked to vote for something they don’t believe in. Yes, I’m being reasonable to politicians for a change.*

*A rare occasion I know.

The change has to start with them though, the rhetoric has got to change, the demonising of the disabled and minorities in society that they know can’t speak back has got to stop. For that they’ve got to look into their hearts. They’ve got to realise the damage their actions, that their words are doing to society at large, they’ve got to have some understanding of the consequences.

The people involved in the Lyndale School campaign are wonderful, pleasant people. Just because I wrote about what was happening I got sent a thank you card! I’ve never received a thank you card for a story I’ve written on this blog before (or since).

No, don’t be silly I’m never expecting a thank you card for writing about politicians but I’m trying to get across that the people involved with Lyndale School are very different to the political class. Unlike how certain politicians are being portrayed I don’t think many of the people involved in Lyndale School have even one ruthless bone in their entire body.

Yet this has been a struggle for them, they have families to care for and children with very complex and life limiting conditions. Many of them should be rewarded, applauded for the unsung work they do every day, unthanked by some politicians who now propose pulling the rug out from under their feet. The work of unpaid carers doing hard work in difficult circumstances saves the taxpayer billions each year.

The issues involving disability, culture, prejudice and stereotyping are extremely complex. They won’t be solved overnight. The law has changed, such legal battles have been won but society itself needs to catch up. My plea to politicians is to show leadership, to realise the sensitivities of these issues and to realise there are times when the politically right thing is to show compassion, humility and be flexible enough to have an open mind on such issues. The days of prejudice and stereotyping by politicians should be confined to the history books as they no longer have a part to play in 21st century society.

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