38 more pages of the Wirral Schools Services Limited private finance initiative (PFI) contract with Wirral Council

38 more pages of the Wirral Schools Services Limited private finance initiative (PFI) contract with Wirral Council

38 more pages of the Wirral Schools Services Limited private finance initiative (PFI) contract with Wirral Council

                                          

I posted the first 17 pages of Wirral Council’s contract with Wirral Schools Services Limited, followed by the next six pages of the contract last month. This took it to the definitions as far as “benchmarking”.

At the weekend I scanned in the rest of the pages that define terms used in the contract (which come to a further 38 pages). This is from page 7 onwards. The next page after that deals with third-party rights.

The Wirral Schools Forum meets tomorrow evening to discuss where to find the £2.3 million of savings to its budget to pay for it. This is not because the price of the contract is going up considerably year on year, but because Wirral Council have decided to stop making a £2.3 million contribution to it each year. In total the annual contract payments are ~£11 million a year. Wirral Council receive an annual grant of £5.472 million towards this and a further £2.972 million from schools for the services under the contract (such as cleaning, caretaking et cetera). This leaves £2.586 million that in earlier years Wirral Council has paid, but next year has decided to cut its contribution by £2.3 million on top of a further £600,000 reduction this year.

It looks like (although it’s not confirmed yet), according to the papers for tomorrow evening’s Wirral Schools Forum (agenda item 3 PFI and Central Budget Review – Verbal Update (Previous report from 8th October attached)) that at least £1 million of this £2.3 million saving will come out of cuts to SEN Top ups/independent school fees (£600,000), statements (£200,000) and support for SEN (£200,000). None of the schools covered by the PFI contract are special schools.

Below are the definitions (from page 7 onwards) and the next page after that deals with third-party rights. Wirral Council plan to publish the complete contract by 31st December 2014 under a new transparency regime (imposed by central government).

Wirral Council Wirral Schools Services Limited PFI Contract page 7 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 7 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 8 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 8 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 9 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 9 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 10 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 10 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 11 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 11 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 12 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 12 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 13 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 13 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 14 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 14 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 15 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 15 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 16 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 16 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 17 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 17 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 18 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 18 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 19 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 19 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 20 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 20 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 21 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 21 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 22 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 22 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 23 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 23 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 24 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 24 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 25 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 25 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 26 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 26 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 27 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 27 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 28 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 28 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 29 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 29 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 30 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 30 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 31 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 31 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 32 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 32 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 33 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 33 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 34 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 34 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 35 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 35 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 36 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 36 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 37 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 37 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 38 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 38 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 39 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 39 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 40 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 40 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 41 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 41 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 42 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 42 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 43 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 43 definitions
Wirral Council Wirral Schools Services Limited PFI Contract page 44 1.3 Third Party Rights
Wirral Council Wirral Schools Services Limited PFI Contract page 44 1.3 Third Party Rights

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Do you want to know what 6 redacted legal invoices paid by Wirral Council on employment matters (including one from a consultant psychiatrist) state?

Do you want to know what 6 redacted legal invoices paid by Wirral Council on employment matters (including one from a consultant psychiatrist) state?

Do you want to know what 6 redacted legal invoices paid by Wirral Council on employment matters (including one from a consultant psychiatrist) state?

                                                 

Continuing from Do you want to know what 10 redacted legal invoices (6 on employment matters) paid by Wirral Council state? are a further 6 legal invoices relating to HR matters at Wirral Council.

The first is to a Dr Gareth Vincenti (consultant psychiatrist) for a 2 hour medico-legal interview and assessment on 24th July 2013, charge for MMCI-III (10th September 2013), scrutiny of medical notes and other documentation as supplied (4 hours) and preparation of report (3 hours). This comes to £2,550 + VAT (total £3,060).

I’ve supplied both the original and a partly unredacted copy of this as the original is heavily redacted. My additions are in green.

The next five are all from Eversheds and range from Employment Tribunal claims, counsel fees, advice on governance and employment issues, strategic advice, employment and governance advice (appeals). The amounts of these are £1,408.03, £14,336.40, £4,098.00, £1,549.80 and £23,280.00.

There are also a further dozen HR related Eversheds invoices that I haven’t scanned in and included here with amounts ranging from £1,140 to £14,049.60 (inclusive of VAT). These further invoices are for (amounts are inclusive of VAT) advice on governance and employment issues (1/3/13 to 26/3/13) £4,811.74, employment advice (6/3/13 to 8/4/13) £14049.60, employment advice (22/4/13 to 21/5/13) £10,893.60, employment advice (22/5/13 to 29/7/13) £8,508.00, employment advice (22/7/13 to 9/8/13) £1,315.97, employment advice (11/8/13 to 24/9/13) £1,140.00, advice on governance and employment issues (4/11/13 to 8/11/13) £3,345.60, employment advice (6/11/13 to 3/12/13) £2,280.00, secondment (4/12/13 to 13/1/14) £2,850, advice on governance and employment issues (2/12/13 to 6/12/13) £1,722.00, employment advice (18/11/13 to 24/1/14) £7,800 and employment advice (14/1/14 to 25/2/14) £2354.88.

Wirral Council Dr Gareth Vincenti consultant psychiatrist £3060 31st December 2013
Wirral Council Dr Gareth Vincenti consultant psychiatrist £3060 31st December 2013
Wirral Council Dr Gareth Vincenti consultant psychiatrist £3060 31st December 2013 partially unredacted
Wirral Council Dr Gareth Vincenti consultant psychiatrist £3060 31st December 2013 partially unredacted
Wirral Council Eversheds £1408.23 21st May 2013 Employment Tribunal claims travel expenses photocopying charges 3rd April 2013 to 11 April 2013
Wirral Council Eversheds £1408.23 21st May 2013 Employment Tribunal claims travel expenses photocopying charges 3rd April 2013 to 11 April 2013
Wirral Council Eversheds £14336.40 25th September 2013 advice on governance and employment issues travel expenses counsel's fees August 2013 to September 2013
Wirral Council Eversheds £14336.40 25th September 2013 advice on governance and employment issues travel expenses counsel’s fees August 2013 to September 2013
Wirral Council Eversheds £1549.80 24th January 2014 employment and governance advice appeals
Wirral Council Eversheds £1549.80 24th January 2014 employment and governance advice appeals
Wirral Council Eversheds £4098 24th January 2014 employment advice strategic advice
Wirral Council Eversheds £4098 24th January 2014 employment advice strategic advice
Wirral Council Eversheds £23280 26th February 2014 advice on governance and employment issues Counsels fees
Wirral Council Eversheds £23280 26th February 2014 advice on governance and employment issues Counsels fees

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Wirral Council paid barrister £6,090 for 2 day planning inquiry hearing & 5 hours of work

Wirral Council paid barrister £6,090 for 2 day planning inquiry hearing & 5 hours of work

Wirral Council paid barrister £6,090 for 2 day planning inquiry hearing & 5 hours of work

                                                                  

Below is a redacted invoice and a partially unredacted invoice. These relate to a planning application for land at the former Ellerman Lines Sports & Social Club, Carr Lane, Hoylake CH47 4AX.

On the 23rd November 2011, Wirral Council received a planning application for “The erection of 62 affordable homes together with associated works” ( planning application APP/11/01348 )

On the 26th April 2012, Wirral Council planning officers decided to refuse the planning application.

This decision was appealed to the Planning Inspectorate by Kirby Park Ltd C/O Agents, JASP Planning and the appeal was accepted on the 31st October 2012.

The Planning Inspectorate then arranged a public hearing in front of a planning inspector (Karen L Baker DipTP MA DipMP MRTPI) on the 7th and 8th of February 2013 with a site visit on the 8th February 2013. The inspector issued her decision on the 18th March 2013 which upheld Wirral Council’s planning officer’s decision (Mr M Rushton) to refuse planning permission.

The invoice below (for £6,090) is for the junior barrister (Mr Jonathan Easton of Kings Chambers) who acted for Wirral Council at the two-day hearing. This is for £5,075 + VAT (total £6,090). I enclose two versions below. The original received from Wirral Council incorrectly redacted Jonathan Easton’s name and the address/planning reference for the inquiry (which is held in public).

You can read the decision on the Planning Inspectorate’s website.

The planning fee Wirral Council charged the developer for this application was £17,765. So at least what they got charged for legal advice and representation at the planning inquiry didn’t exceed this!

The Wirral Globe wrote about this planning application back in December 2011.

Wirral Council Jonathan Easton £6090 APP/W4325/A/12/2184753 17th March 2013
Wirral Council Jonathan Easton £6090 APP/W4325/A/12/2184753 17th March 2013

Wirral Council Johnathan Easton £6090 APP/W4325/A/12/2184753 17th March 2013 partially unredacted
Wirral Council Johnathan Easton £6090 APP/W4325/A/12/2184753 17th March 2013 partially unredacted

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

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

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

                                                                         

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

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

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1 Committee: HR

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

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

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

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

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

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2: Committee HR

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

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

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

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

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3: Committee HR

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

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

Total: £3,660.00.

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

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4: Committee EDU

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

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

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5: Committee HR

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

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

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

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6. Committee HR

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

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

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

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7. Committee ???

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

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

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

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

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8. Committee ENV

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

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

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9. Committee HR

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

It is for the following:

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

Total £1850
VAT £370

Total Due £2,220

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

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10.

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

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

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UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

                                                       

Councillor Tony Smith 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, Lyndzay Roberts
Councillor Tony Smith 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, Lyndzay Roberts

UPDATED 19/11/2014 16:12 to include anonymised consultation response received.

First copy of a response to the consultation (he or she wishes to remain anonymous) is added here:

“I am writing in response to the consultation. As a Wirral resident, I believe that this school should remain open. I am not convinced that it will be in the best interests of the children of Lyndale or the other two schools for Lyndale to close. Further, I have not seen evidence that the independent consultants report was based on an in depth analysis of the children’s needs. The consultant appears to have spent little time with the school staff or parents. These children have really specialist needs and the Council should take into account that the most vulnerable children must be protected the most. This is a matter of humanity. The financial argument is not convincing so why close? ”

Today is the last day of the four-week consultation on closure of the Lyndale School from January 2016. The details are currently on Wirral Council’s website.

Shortly before Christmas on the 17th December 2014 Wirral Council’s Cabinet will meet to discuss (and probably) decide what to do next.

I was planning tomorrow to make a FOI request to responses to this current consultation. Wirral Council refused my FOI request for responses to the previous consultation that ran from 2nd April 2014 to 25th June 2014. I requested an internal review as they stated on the 29th July 2014 they would publish them in September (but never did). I’m still waiting for the internal review.

On the basis I’m sure I’ll get a similar response if I make a FOI request tomorrow for responses to the four-week consultation closing today, if you have responded to this consultation and would like me to publish your response (whether anonymously or not), please email me at john.brace@gmail.com.

I’ll do my best to publish consultation responses I do receive on this blog ahead of the Cabinet meeting on the 17th December 2014.

UPDATED 27/11/2014 You can now read the second consultation response from Cllr Phil Gilchrist here.

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