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5:00pm Thursday 20th January 2011 in News Exclusive By Leigh Marles, Editor
THE UK's powerful equality watchdog has accused Wirral Council of discriminating against disabled people - and it could cost the town hall £500,000 in compensation.
The Equality and Human Rights Commission says the authority should include its findings in an ongoing inquiry into the systematic overcharging of disabled people in council care.
The shock ruling centres around a scandal in which elderly and vulnerable people living in homes at Bermuda Road, Curlew Way and Edgehill Road, all in Moreton, were systematically overcharged by Adult Social Services for seven years from 1997.
The scandal only came to light after former council employee Martin Morton revealed the overcharging to the Wirral Globe in November, 2008.
He had raised his concerns several times with his managers, but claimed he was ignored, bullied and driven out of his job.
Following our exclusive reports, two senior officers were suspended but, after disciplinary hearings, were later reinstated.
The outcome of an investigation saw the council agreeing to repay almost a quarter-of-a-million pounds to 16 care home residents.
However, a change of administration after last May's local elections saw a new and independent inquiry immediately being launched chaired by Anna Klonowski, a senior public sector professional with more than 20 years' experience, leading the review.
Now it has been claimed that the compensation package could rise by a massive £500,000 if the inquiry agrees with the Equality Commission's view that the overcharging represented discrimination against the disabled.
A confidential email by the Commission's disability committee chairman Mike Smith has been seen by the Globe.
It states: "I do not agree with the conclusions drawn by the council's Director of Law that discrimination did not occur because the residents were not overcharged for reasons relating to disability.
"Current discrimination law clearly establishes that motive and intent are irrelevant to this issue.
"The facts are that disabled people were subject to unlawful levels of charging (whether of not the cause was maladministration)."
It continues: "It is the opinion of the Commission that [these] concerns should be included in the inquiry in order to identify whether there are other issues or systemic problems that need to be addressed."
Councillor Simon Mountney, who has championed whistleblower Martin Morton's cause, said: "This scandal just gets worse and worse.
"The compensation of £250,000 paid to our residents was set in the light of a ruling by our legal department that the council had not acted in a discriminatory manner.
"It would have been far higher otherwise.
"It is my understanding that a further £500,000 would need to be added to that package if discrimination is found to have occurred."
Council leader Cllr Jeff Green said: "As soon as the issue of discrimination was brought to my attention I raised it with our legal department and was not satisfied with the answers I received.
"I asked at that point for the Anna Klonowski inquiry to be widened to include the Equality Commission's findings.
"I have received assurance that this has been done and I am pressing for the inquiry report to be completed as soon as possible."
Comments(71)
Webstertheobscure
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12:08pm Thu 13 Jan 11
PaulCa
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12:51pm Thu 13 Jan 11
West Wirral Reader
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12:52pm Thu 13 Jan 11
spenser
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1:45pm Thu 13 Jan 11
Marleys Ghost
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3:57pm Thu 13 Jan 11
MX
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5:59pm Thu 13 Jan 11
statictom
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7:44pm Thu 13 Jan 11
Jayo
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8:37pm Thu 13 Jan 11
spenser
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9:57pm Thu 13 Jan 11
statictom wrote:Yes closing council run old peoples homes without a whimper-absolutely disgusting.And some who are responsible have shot off into the sunset with their payoffs without a care in the world for what they have left behind.
It seems a case of the blind leading the blind - when the councils own Director of Law gets it so wrong. Despite the damning CQC report and all of the above, Adult Social Services continues to be run by headless chickens. They are closing old folks homes, closing respite centres like Maplehome, all this with no consultation with the people that matter. They are supposed to carry out Impact Assessments to see how this will effect the vulnerable people, it does not happen. They will need to save as much as they can for when they move out of Westminster House, which they sold to Wirral Partnership homes, to new surrounds. The cost of that move will be astronomical.
West Wirral Reader
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8:36am Fri 14 Jan 11
hugo2008
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9:43am Fri 14 Jan 11
spenser
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10:09am Fri 14 Jan 11
ArdalMcFardle
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11:37am Fri 14 Jan 11
PaulCa
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2:41pm Fri 14 Jan 11
MX
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5:09pm Fri 14 Jan 11
ArdalMcFardle
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12:21am Sat 15 Jan 11
PaulCa
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9:35am Sat 15 Jan 11
Webstertheobscure
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12:02pm Sat 15 Jan 11
Bruce Lee
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12:50pm Sun 16 Jan 11
PaulCa
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1:57pm Sun 16 Jan 11
MX
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2:47pm Sun 16 Jan 11
TheLooseCannon
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6:58pm Sun 16 Jan 11
Webstertheobscure
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7:37pm Sun 16 Jan 11
Webstertheobscure
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7:44pm Sun 16 Jan 11
MX
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8:03pm Sun 16 Jan 11
Bruce Lee
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10:44am Mon 17 Jan 11
Webstertheobscure
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12:36pm Mon 17 Jan 11
Ben Beaconsfield
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12:41pm Mon 17 Jan 11
Jack Boot
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1:31pm Mon 17 Jan 11
ArdalMcFardle
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1:41pm Mon 17 Jan 11
Jack Boot
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2:02pm Mon 17 Jan 11
spenser
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3:06pm Mon 17 Jan 11
Ben Beaconsfield wrote:Not just Councillor Green-it's like Robin Hood without his merry men.Councillor McLaughlin too.What about all those ex Adult Social Services managers who've taken the money and run,totally unconcerned about what they've left behind and the huge problems they're causing others as a result.
At the end of the day, those ultimately responsible are the councillors. They employ the council officers and have a duty to us to ensure that those officers do their jobs correctly. More often than not, however, councillors seem more inclined to make political capital out of other people's misery, whilst treating enquiring voters with contempt. Want an example? Look at PaulCa's posting at the top of this exchange. He makes some serious charges against Cllr Jeff Green, yet from that councillor we have a deafening silence in response. Are we to assume that PaulCa's charges are correct? Come on Jeff, stand up for yourself...
Bruce Lee
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3:09pm Mon 17 Jan 11
Jayo
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9:29pm Mon 17 Jan 11
ArdalMcFardle
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9:33pm Mon 17 Jan 11
spenser
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10:09am Tue 18 Jan 11
ArdalMcFardle
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11:55am Tue 18 Jan 11
statictom
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12:59pm Tue 18 Jan 11
spenser
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1:59pm Tue 18 Jan 11
ArdalMcFardle
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2:18pm Wed 19 Jan 11
spenser wrote:Told by whom ? The tangled webb spun by senior managers. You'd be amazed how a flashy power point presentation, (which a six year old could produce) all style over substance, with graphs and PI's that make little sense, can impress the technological luddite . Throw in some choice phrases like ' a bespoke service', 'rights based approach' and 'person centred'
Told by whom? How exactly are they back on track? By closing all the council run old peoples' homes and hushing it up? By letting ''managers'' leave with fat payoffs and silence? And by letting old people caught in the middle and affected by it all suffer even more ? And nobody seems to care.
ArdalMcFardle
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2:19pm Wed 19 Jan 11
spenser
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2:47pm Wed 19 Jan 11
Exitstageleft
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3:22pm Wed 19 Jan 11
Webstertheobscure
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6:05pm Wed 19 Jan 11
hugo2008
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8:27am Thu 20 Jan 11
Webstertheobscure
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10:48am Thu 20 Jan 11
spenser
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10:51am Thu 20 Jan 11
Leigh Marles
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2:48pm Thu 20 Jan 11
PaulCa
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3:47pm Thu 20 Jan 11
spenser
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6:49pm Thu 20 Jan 11
West Wirral Reader
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10:43am Fri 21 Jan 11
Webstertheobscure
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11:57am Fri 21 Jan 11
ArdalMcFardle
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12:22pm Fri 21 Jan 11
TheLooseCannon
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3:35pm Fri 21 Jan 11
spenser
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5:49pm Fri 21 Jan 11
MX
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5:59pm Fri 21 Jan 11
statictom
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7:17pm Fri 21 Jan 11
ArdalMcFardle
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8:32pm Fri 21 Jan 11
hugo2008
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9:43pm Fri 21 Jan 11
Toryman
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7:27am Sat 22 Jan 11
PaulCa
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8:24am Sat 22 Jan 11
MX
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8:50am Sat 22 Jan 11
statictom
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10:39am Sat 22 Jan 11
ArdalMcFardle
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11:34am Sat 22 Jan 11
spenser
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1:31pm Sat 22 Jan 11
Snappy10
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2:20pm Sat 22 Jan 11
statictom
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3:06pm Sat 22 Jan 11
MX
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3:27pm Sat 22 Jan 11
Webstertheobscure
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9:14am Tue 25 Jan 11
statictom
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5:54pm Tue 25 Jan 11
Webstertheobscure
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7:48am Mon 31 Jan 11
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