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)

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Audio of entire consultation meeting

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Wirral Council plan to spend £22,500 on a Birkenhead community newspaper. Will it fall foul of Pickles’ publicity law?

Wirral Council plan to spend £22,500 on a Birkenhead community newspaper. Will it fall foul of Pickles’ publicity law?

Wirral Council plan to spend £22,500 on a Birkenhead community newspaper. Will it fall foul of Pickles’ publicity law?

                             
A recent meeting of the Birkenhead Constituency Committee who will consider proposals to spend £22,500 on a Birkenheadcommunity newspaper
A recent meeting of the Birkenhead Constituency Committee who will consider proposals to spend £22,500 on a Birkenhead community newspaper

Buried among the appendices published ahead of the Birkenhead Constituency Committee on Thursday are two interesting reports.

The first report is the result of a Surveymonkey survey sent out to all residents that Wirral Council has an email address for in the “CH41, CH42 or CH42 postcode” areas. It seems however this is just a typo and residents in CH43 (which covers Bidston & St. James, Claughton, Oxton and Prenton) were also included as I received an email about the survey with the subject “Would you like to receive a community news update?” on 27th February.

Most people responding to the survey stated that what they liked most about the local free newspapers was local news, however question three revealed that around half responding to that question said that they don’t read the local free newspaper as it isn’t delivered to them any more. This answers concurs with statistics in the other report that states that out of the 39,823 households in Birkenhead, 24,962 receive the Wirral News (62.7%) and 22,091 the Wirral Globe (55.5%).

The survey continues with asking what people want they would want included in a “Birkenhead Constituency Committee news update” and the top answer was “unbiased, relevant local news” closely followed by finding out about local services, events and activities.

Interestingly there were also responses about why people didn’t currently read the newspapers from surveys in public locations where people gave responses such as “Council matters only appear if news editors think that they are controversial” and “fed up of hearing about bad people doing bad things and getting away with it”.

When asked about what information they thought should be included in a Birkenhead Constituency Community Newspaper there were a range of responses such as “find out about positive local news and important council information concerning regeneration and development”, “main council committee decisions – with commentary if necessary”, “planning applications”, “proposed road & transport information” but interestingly and this one seems to be a reference to Labour Rose/Lib Dem Focus “but not of councillors’ photographs at places where council work has been done at their behest”.

Not unsurprisingly not one of the questions asked residents if they thought that spending £22,500 of taxpayer’s money for three editions was a good idea. What is proposed is a pilot of three editions over six months (each edition being bi-monthly) of an eight page publication (whether it would be colour or black and white is not mentioned). It’s stated that “It will be non political and inform people of news they are interested in.” Quite how it will manage to write anything about Wirral Council that people are interested in (which means the more controversial political news), yet remain “non political” remains to be seen. The long term aim is to have advertising from “public sector partners”, grants and “appropriate advertising” cover its costs for future editions.

It will be edited by Lairdside Community Together, who will be recruiting an apprentice to work on it through Wirral Metropolitan College. Interestingly it won’t be delivered by paid deliverers but by volunteers with ward councillors suggesting an organisation in their ward (sports clubs and scout groups are mentioned in the report). These organisations would then receive “an incentive”.

However the future is not looking particularly rosy for such Council run publications. Rt Hon Eric Pickles MP is not as keen on them as the Birkenhead Constituency Committee. In approximately a week (30th March 2014) s.39 of the Local Audit and Accountability Act 2014 on the code of practice on local authority publicity comes into force. This section gives Eric Pickles the legal power to tell Councils off who aren’t complying with the “Code of practice on local authority publicity” and force them to comply. This section also allows the Rt Hon Eric Pickles MP to create a new law making it a legal duty for all local Councils to comply with the Code of Practice on Local Authority Publicity.

So what is the Code of Practice on Local Authority Publicity (which also comes with an explanatory memorandum and how could the proposed Birkenhead Constituency Community Newspaper fall foul of it?

Section 2 of the code makes it quite clear that it applies to such publications “The code therefore applies in relation to all decisions by local authorities relating to paid advertising and leaflet campaigns, publication of free newspapers and newssheets and maintenance of websites – including the hosting of material which is created by third parties.”

Section 4 outlines some principles applying to “publicity by local authorities”. These are that it should be cost effective, objective, even-handed, appropriate and “be issued with care during periods of heightened sensitivity”. I think that last bit refers to the period in the lead up to elections.

Going back to what somebody wanted in such a newspaper being “main council committee decisions – with commentary if necessary” section 15 would appear to rule that out “Such publicity may set out the local authority’s views and reasons for holding those views, but should avoid anything likely to be perceived by readers as constituting a political statement, or being a commentary on contentious areas of public policy.”

Section 28 is specifically about such newspapers, restricts their frequency to quarterly and restricts what can be put in it “Local authorities should not publish or incur expenditure in commissioning in hard copy or on any website, newsletters, newssheets or similar communications which seek to emulate commercial newspapers in style or content. Where local authorities do commission or publish newsletters, newssheets or similar communications, they should not issue them more frequently than quarterly, apart from parish councils which should not issue them more frequently than monthly. Such communications should not include material other than information for the public about the business, services and amenities of the council or other local service providers.”

Section 34 bans such publications in the lead up to elections “During the period between the notice of an election and the election itself, local authorities should not publish any publicity on controversial issues or report views or proposals in such a way that identifies them with any individual members or groups of members. Publicity relating to individuals involved directly in the election should not be published by local authorities during this period unless expressly authorised by or under statute. It is permissible for local authorities to publish factual information which identifies the names, wards and parties of candidates at elections.”

As it states in the explanatory memorandum “Council newspapers, issued frequently and designed to resemble a local newspaper can mislead members of the public reading them that they are local newspapers covering council events and give communities a biased view of the activities of the council.” There’s also the concern that such publications (as this one is expected to be funded after the first three issues through advertising) will take advertising away from local newspapers and make them less financially viable.

So I’m starting a poll to see what readers think about the community newspaper proposal ahead of the Birkenhead Constituency Committee on Thursday which will consider it.

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Wirral Council say police are “fairly confident arrest will be made fairly shortly” in £45k care home fraud

Wirral Council say police are “fairly confident arrest will be made fairly shortly” in £45k care home fraud

Wirral Council say police are “fairly confident arrest will be made fairly shortly” in £45k care home fraud

                    

This story is an update to an earlier blog post headlined Wirral Council reveals how fraudsters conned them out of £45k. Video of this part of Wirral Council’s Audit and Risk Management Committee starts at the beginning of agenda item 6 and continues at the next clip for a further fifteen minutes. The report into this item is available to read here.

Mark Niblock (Wirral Council’s Chief Internal Auditor) said to those at the Audit and Risk Management Committee meeting, “Since the report was written we have had further contact and we’ve undertaken further investigations with the banks concerned and their fraud teams and we’ve managed to identify a number of account holders residents in the South of England. Active names and addresses of active accounts that’s been passed on to the Metropolitan Police and they are fairly confident that an arrest will be made fairly shortly. That may or may not lead to some of the monies may … be recovered. They did say progress had been made.”

Joe Blott, Strategic Director of Transformation and Resources in answer to questions from councillors, “it’s important to note that whether it’s error or negligence or anything else, that I have authorised that an appropriate internal disciplinary investigation does take place” and later added, “just to clarify just in terms of that internal disciplinary investigation, it does cover more than one person”.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Improvement Board (15th November 2013) The first five minutes (a transcript)

Improvement Board (15th November 2013) The first five minutes (a transcript)

Improvement Board (15th November 2013) The first five minutes (a transcript)

                          

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Above is video from the first twenty-six minutes of the Improvement Board. If you want to watch the whole meeting from start to finish you can watch using the playlist. If I was to write a report on the meeting, I don’t think it would really do it justice. Therefore it would be better instead to have a verbatim account of what was said (which I’ll be adding to the video as subtitles).

Those at the meeting got this handout which had the responses to the consultation and questions submitted to the meeting (although it’s best to read this about the questions as some had subtle alterations). The handout also contained the text of motions agreed at meetings of Wirral Council’s Coordinating Committee and at Wirral Council’s Audit and Risk Management Committee about the review. At the later meeting Cllr Simon Mountney voted against the resolution. So here’s the transcript of the first five minutes.

Joyce Redfearn, Chair of the Improvement Board: A very, very warm welcome. It is most encouraging to see so many people here.

If you can’t hear, can you please wave hands and indicate to us and we’ll try and project better. If you do want to move forward there are more seats at the front if that helps people but you know wherever you’re comfortable you are very welcome to stay in terms of the proceedings.

I probably should begin with introductions of the people sitting at the top table just so that you know who we are but we have deliberately taken away the tables and tried to make it a more relaxed and more informal situation. So we hope that that will create the right atmosphere this afternoon for you to be able to ask the questions and make your comments that you wish to make in terms of the review.

I’m Joyce Redfearn, I’m the Chair of the Improvement Board.

Graham Burgess: I’m Graham Burgess, Wirral Council Chief Executive

Cllr Phil Davies: I’m Phil Davies, Leader of the Council.

Dr Gill Taylor: I’m Gill Taylor from the Local Government Association and member of the Improvement Board.

Mike Thomas: I’m Mike Thomas, I’m the Council’s external auditor.

Joyce Redfearn: And we have other members of the Improvement Board in the audience, both past and present members of the Board so no doubt at times they may want to also join in as Board members in terms of the comments and queries that we’ve received.

To try to help things because we have had rather I’m pleased we’ve had a very strong response to the consultation and to the opportunity to ask questions. We have put out I hope everybody can see a piece of paper that says Feedback from partners but then it goes onto the questions which will be the main focus of today’s session and I have also as Chair agreed that Martin Morton with whom much of this began should have the opportunity to also make a statement at the end of the meeting at the end of the questions, so I hope people are comfortable with that, ok.

I’m not going to dwell on the initial feedback. We wanted you to be aware that there have been responses and this was actually yesterday evening when we’d just received these and we are expecting more potentially through the course of the day up to five o’clock this evening. They do give a flavour of some of the responses that are coming back and I hope this is helpful in terms of seeing what others are saying as well as as hearing today what the people in this audience actually feel and think about the review report, the work that’s been done by the Improvement Board and I suppose fundamentally the issue is where and how well prepared Wirral Council now is for the next stage which it still knows is an improvement journey.

Nobody is saying today this is the end of the story. This is part of where we will be continuing, but in a different form to see further improvements in Wirral Council.

So if we’re all happy to do so, I’d like to turn to the first question, so the heading, it’s on page one, two, three, four, five if you’re with me, questions or feedback submitted by the public and the first one is from J Yates.

I don’t know if J Yates is in the room and wants to identify themselves. It’s not necessary, we will actually take the question whether people want to idetify or not and themselves associated with that. OK, the first question there is about the timing and not having given at least five working days notice, I’ll ask Graham to respond to the question please.

Graham Burgess: I think I’ll stand up if that’s ok. First of all the requirement for public notice of meetings applies to statutory meetings of the Council, this isn’t a statutory meeting of the Council, this is a meeting of the Improvement Board and therefore the regulations in that respect don’t apply, but clearly we like to follow good practice where we can, so immediately following the last Improvement Board meeting because we knew there was a really tight timescale, we met with representatives of the media and made sure there was extensive coverage of the decision of the Improvement Board to hold this meeting and indeed I think in the Echo and in the Globe and on Radio Merseyside there was specific coverage of the intention to hold this meeting at this time on this day and that was almost two weeks I think before this meeting had been held.

So we did make sure there was coverage in those newspapers and also we updated with both the Globe and the Echo to ensure there’s some coverage even in the last day or two of this meeting taking place. So on that basis we think that we have advertised, in fact we’ve advertised this meeting, via our partners in the press, far more vigorously and intensively than we would a normal Council meeting.

Joyce Redfearn: Thanks very much.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Wirral Council reveals how fraudsters conned them out of £45k

Wirral Council reveals how fraudsters conned them out of £45k<

Wirral Council reveals how fraudsters conned them out of £45k

                             

Published yesterday as part of the agenda for Wirral Council’s Audit and Risk Management Committee meeting on the 25th November was the report into how fraudsters managed to con Wirral out of £45,683.86 and £95.60 meant for one of Wirral’s care homes.

As the care home had to then be paid, this con cost the Wirral taxpayer £45,779.46. The report goes into detail stating that other local authorities have fallen victim to this particular type of fraud and lost far larger amounts as a result.

The report details that the investigation started when the manager of a care home telephoned Wirral Council on the 23rd August querying why they hadn’t been paid as expected the previous week. Wirral Council confirmed that a payment had been made by bank transfer on the 13th August and that they’d received a request to change the bank details of the payee a few weeks earlier. The manager of the care home informed Wirral Council that they hadn’t made a request to change bank details, so the matter was referred to Wirral Council’s Internal Audit team.

The audit team contacted the bank that the fraudulent payment had been made to and were informed that once the money had cleared on the 16th August that it had been moved to another account. A replacement payment was made to the care home.

On investigation Internal Audit found that a request to change bank details had been made via email in July 2013. This email had been sent to the Wirral Council email address that Wirral Council’s Accounts Payable team request that their suppliers use. The email address used (although an email address can be easily forged) matched the information held on Wirral Council’s records and contained details of the payment the previous month to the care home.

Wirral Council’s procedures require staff to phone the supplier to check such a request is genuine. However as the email address matched and details of the payment the previous month was included this phone call was never made as it was assumed (wrongly) that the request was genuine.

The change was then checked by a supervising officer and the change to the bank details were made on Wirral Council’s Oracle system.

The fraud was reported to Merseyside Police on the 23rd August 2013 and Internal Audit were able to provide the name, account holder and address for both the account that the money was initially transferred to and the second account it was transferred to after the payment had cleared. This information was also passed to Action Fraud, who passed it onto the Metropolitan Police.

The Metropolitan Police contacted Internal Audit on the 5th November 2013 who confirmed that they are “actively pursuing” it. Internal Audit provided the Metropolitan Police with a statement detailing what happened.

A report was also prepared for senior management detailing ten recommendations which “stress the importance of following documented procedures in respect of changes to any account details”. These recommendations are also included in the monthly Internal Audit Activity Summary report which will also be discussed at the next Audit and Risk Management Committee.

Four days later the Wirral Globe wrote about this story too.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks: