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Shock revelations of council's 'illegal' policy of delaying care for vulnerable (From Wirral Globe)
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Shock revelations of council's 'illegal' policy of delaying care for vulnerable
in News Exclusive By Leigh Marles, Editor
Shock revelations of council's 'illegal' policy of delaying care for vulnerable
THE new leader of Wirral Council says he has discovered evidence that social services had been operating a deliberate – and illegal – policy of not acting as quickly as possible to introduce care packages for vulnerable people.
The shocking revelation follows “several years” of official denial by the town hall that any such policy existed.
In September of last year two whistle-blowers claimed Wirral Council social services operated the “illegal” delay in providing care to vulnerable people.
A former social services employee accused the council of operating a four-week wait to save money.
The council at the time disputed the allegation, saying internal and external advice “confirmed its arrangements complied with the law.”
It now appears, according to the council leader, that the whistle-blowers were right all along.
Writing on his blog, Cllr Jeff Green says: “Here in Wirral - where the 'abnormal' has become 'normal' - it has now been confirmed that the council was operating a deliberate policy of not acting as quickly as possible.
“This follows several years of official denials.
"Minutes of a meeting have been unearthed that prove a decision was taken not to implement care packages immediately but to delay for four weeks.
“For residents, this will have meant care that could have been provided quickly, wasn't. It's also considered to be illegal.”
He continues: “This is yet more evidence of a department that was in disarray and a prime example of why we are appointing an independent ombudsman to investigate concerns raised around council practices, particularly in the Department for Adult Social Services.
“As the new leader of the council and cabinet member for social care and inclusion, I have asked the new director to provide me with all of the documents and emails that surround this issue as a matter of urgency.
“I have also asked for a categorical assurance that there are no dubious or illegal processes in place leading to delays when vulnerable people are seeking care from the council."
More later....
Comments(90)
ArdalMcFardle
says...
12:26pm Wed 7 Mar 12
PeteSheff
says...
1:10pm Wed 7 Mar 12
http://www.whatdothe
yknow.com/request/wb
c_policy_in_delaying
_care_minu#outgoing-
187809
The senior officer chairing this meeting is still in post.
woodyres
says...
1:31pm Wed 7 Mar 12
Vulnerable adults have been put at risk because of this action, and it is continuing as WBC "negotiate" a further cut in what they will pay for care in private care homes.
I agree with Ardle, these managers should be named & shamed for their actions ... not allowed to leave with a massive payout as a reward for probably adding to the distress of families who are unfortunate enough to have to deal with the majority of staff at DASS, who tend to be rude & not in the least bit helpful in my experience.
I hope Cllr Green is not using this issue as another way of targetting votes for the May elections - it's much too important.
It's the whistle blowers who should be rewarded for being brave enough to raise these issues in the first place.
ArdalMcFardle
says...
1:35pm Wed 7 Mar 12
"We strongly dispute the allegation that care packages have been, and continue to be delayed; our performance in assessing people is better than average for local authorities and well under four weeks. Allegations around saving money are conjecture."
http://bit.ly/Agm16s
I do hope the new DASS Director takes the lead here and condemns this disgraceful practice and investigates who was responsible! No matter if it isn't happening now. It happened, they covered it up. What a terrible way to behave, especially after all that happened with Martin Morton. Lessons learnt ? I think not !
reliant22
says...
1:38pm Wed 7 Mar 12
Scrutiny Committees were set up to monitor the performance of Departments. Social Care and Health Scrutiny Chair was our current Mayor, Moira McLaughlin.
If there is any justice, everyone remotely linked to stories which are so abhorrent should be sacked from Public Office and barred for life.
Why are Wirral`s MP`s keeping quiet about this serious issue?
ArdalMcFardle
says...
1:46pm Wed 7 Mar 12
woodyres
says...
1:53pm Wed 7 Mar 12
reliant22 wrote:Well said Reliant, yes our MP's - who are they again ? We never see them in Woodchurch unless there is a good photo opportunity !
Can it possibly get any worse? It really is time to dismiss without remuneration, those responsible for what`s been happening within the DASS department of Wirral Council. Scrutiny Committees were set up to monitor the performance of Departments. Social Care and Health Scrutiny Chair was our current Mayor, Moira McLaughlin. If there is any justice, everyone remotely linked to stories which are so abhorrent should be sacked from Public Office and barred for life. Why are Wirral`s MP`s keeping quiet about this serious issue?
Let's hear about this in parliament again, and followed up quickly before the people responsible are "allowed to leave" with big fat payouts.
Ben Beaconsfield
says...
2:09pm Wed 7 Mar 12
These matters are far too important for that sort of behaviour.
The ball is now firmly in Cllr Green's court.
We have yet to see the unredacted Klonowski Report he promised in his speech accepting the leadership of the Council two weeks ago. We have yet to hear that Martin Morton has been given back his job, despite Cllr Green giving instructions to that end to senior council officers during the same speech. Nobody has been sacked, despite the damning evidence detailed in that report. No councillor has been publicly censured, despite the closeness of their relationships with senior officers.
So we now wait with baited breath for names to be named and for officials to leave their employment without the use of compromise agreements or gagging orders.
Come on, Jeff. Are you up for it? Steve Foulkes couldn't do it - can you?
red devil
says...
2:26pm Wed 7 Mar 12
PeteSheff
says...
2:48pm Wed 7 Mar 12
daggers drawn
says...
3:27pm Wed 7 Mar 12
I have said it before he needs to have a good look at leadership from the top! Martin Morton should sue the Council for the treatment & slurs he has had to endure. He should sue the person who quote called him 'a bit mad'. I do hope that Jeff Green is not using this platform for extra votes in May-because I think unless you act on the above with sackings, then you are heading for a crash in the elections in May-& Wirral people will wait & see what you do prior to the May election and then vote with confidence-otherwise I am afraid it will be another short leadership!
PeteSheff
says...
3:45pm Wed 7 Mar 12
The real agenda should be that behind the political agenda there is real zeal in organising the department to serve the vulnerable people who rely on it. On that journey there needs to be openness of the failings and responsibility taken.
ArdalMcFardle
says...
4:15pm Wed 7 Mar 12
PaulCa
says...
4:53pm Wed 7 Mar 12
Mr Hodkinson, the new Director, this is your opportunity to save your own soul, and then those of the people you are supposed be serving.
Ben Beaconsfield
says...
5:05pm Wed 7 Mar 12
I've taken some stick for criticising the manner in which Cllr Foulkes was deposed, for expressing the concern that his ousting was political and that he was not allowed to defend himself against his conduct over this affair. I've been accused of being a Foulkes lackey (which I am absolutely not) who is not prepared to give Cllr Green a fair crack of the whip (even though I am).
And now what's happening? Suspect No. 1 has disappeared into the wings (he'll be back when the Tories lose at least four seats to Labour in May) and now the spotlight is on Jeff, who was stage centre during some of these goings-on, as eventually mentioned in the above posts.
To a degree I feel vindicated, though I don't expect anybody to say so now.
So instead, let's sit back and watch whether Jeff picks political expediency and makes hay from this and other 'discoveries' which are probably in the pipeline, or whether he plays with a straight bat and instead of blaming political opponents actually sacks somebody.
And produces the unredacted Klonowsiki Report, as promised.
And gives Martin Morton his job back, as promised.
MX
says...
5:44pm Wed 7 Mar 12
Would it be OK to "manage increasing costs" if all those present didn't have their salaries paid for 4 weeks?
Would it be OK for one of their family to have to be helpless, at risk of abuse ,in distress,in need of personal care or to go hungry for 4 weeks?
Would it be OK if during that 4 week delay someone died and their last days on earth were spent in abject despair and suffering?
Based on the rationale of the Budget meeting that would seem to be OK.
The only thing that seems not to be OK is to be found out and then have to lie that a 4 week delay ever existed.
Spiffy
says...
6:59pm Wed 7 Mar 12
...
That scandals such as this occur in the first place is down to every individual involved and they should be held individually accountable.
...
Put the blame where it belongs and leave it there.
statictom
says...
7:31pm Wed 7 Mar 12
rosyglow
says...
7:40pm Wed 7 Mar 12
MX wrote:'Would it be OK if during that 4 week delay someone died and their last days on earth were spent in abject despair and suffering ?'
Whatever possessed the people present at the Budget meeting held on 23rd October 2008 to think that it is OK to agree to a "4 week delay in commissioning care from independent sector".
Would it be OK to "manage increasing costs" if all those present didn't have their salaries paid for 4 weeks?
Would it be OK for one of their family to have to be helpless, at risk of abuse ,in distress,in need of personal care or to go hungry for 4 weeks?
Would it be OK if during that 4 week delay someone died and their last days on earth were spent in abject despair and suffering?
Based on the rationale of the Budget meeting that would seem to be OK.
The only thing that seems not to be OK is to be found out and then have to lie that a 4 week delay ever existed.
My mother was 'decanted' (evicted) from her home into an Abbeyfield home under great duress and stress, where she became too frail to remain. She ended her days in misery in hospital because social services refused to place her in a nursing home so she could not be discharged from hospital within (surprise, surprise)4 weeks. What has emerged now is making my blood boil - if this was an expedient, illegal, budget-led decision then heads MUST roll.
unbeleivable
says...
7:48pm Wed 7 Mar 12
ArdalMcFardle
says...
8:27pm Wed 7 Mar 12
So that excuses them eh ?
http://wirralleaks.t
umblr.com/post/18912
841875/wirral-social
-services-media-stat
ement
JADEE1
says...
8:46pm Wed 7 Mar 12
Ivorromaleyn
says...
9:15pm Wed 7 Mar 12
Only when thet KNOW that thet are accountable in law w2ill honesty and integrity return to UK politics. This should apply to the Westminster Maffia as well.
Lets see the report from the DPP please within a matter of weeks not years when all involved are cooking in Hell.
MX
says...
9:16pm Wed 7 Mar 12
No dear, you can't fire those Budget Meeting minutes to the bottom of the River Mersey along with the Independent Review Report or the Corporate Governance Report or the Bullying/Harassment/
Abuse of Power report or the Audit Commission PIDA report or the CQC safeguarding report .
Madam Mayor must be so proud of the reports which testify to her outstanding contribution to wellbeing of Wirral's most vulnerable people.
I'd keep the yellow headphones on if I were you love - it saves you listening to what we really think about you and your contribution.
PaulCa
says...
9:19pm Wed 7 Mar 12
People should be coming to the conclusion by now that nothing and nobody exists to temper this immoral behaviour or rid us of the people involved in it i.e. saving money in return for shortening the lives of Wirral's vulnerable people, our relatives, our families, our war heroes and heroines.
Wirral Council is the organisation responsible for ensuring that disabled people are not discriminated against.
Which tells us everything. The circle is squared. All disabled discrimination is reported to a proven abusive, bullying, failing council.... what happens to your complaint after that is ANYBODY'S guess.
STAND BY for reassuring platitudes and soft soap from the new director, Mr Hodkinson, before his machine trundles inexorably onwards.
Spot the lyric: "As a love machine lumbers through desolation rows, ploughing down man, woman listening to its command, but not hearing any more. But not hearing any more.... just the shrieks from the old rich"
unbeleivable
says...
9:21pm Wed 7 Mar 12
JADEE1
says...
9:55pm Wed 7 Mar 12
Jimrob
says...
10:14pm Wed 7 Mar 12
My dear late mother was subjected to this "Secret Policy" and only survived for 4 months under her new greatly reduced in hours and vastly increased in costs care package.
I am totally disgusted by the revelations. I always suspected foul play, now I have the proof.
Thank you PeteSheff.
Legal Advice will be sought in the morning.
Councillor Green. You will now have to name and shame before the courts do.
Jimrob
says...
10:32pm Wed 7 Mar 12
Your newspaper has been instrumental in blowing the whistle on the shoddy workings of the Adult Social Services Department in recent times. For this, I and I'm sure many others thank you.
Before you remove my above post. I would like to offer you the oppertunity to see for yourself, the written evidence I have of the claims I make above in relation to my late mother's case.
Written evidence that shows that not only the sitting Mayor and Labour MP were made aware of the case but also the then Director of Adult Social Services, all did nothing except acknowledge reciept of my complaint.
I can assure you. The evidenced facts will shock you.
You can call me on the mobile phone number I provided to this site when joining it (MOBILE number ONLY)
Spiffy
says...
10:43pm Wed 7 Mar 12
...
And to all...
PaulCa
says...
10:53pm Wed 7 Mar 12
Jeff Green, it's up to you. Make them accountable NOW or face countless claims against your organisation for abuse and / or negligence for not acting.
It WAS illegal and the lawbreaking and dripfeeding of selected evidence / duping of your own legal advisers, meddling with the facts, in order to present yet another fabricated denial, heartless and brazen in the extreme.
MX
says...
10:54pm Wed 7 Mar 12
You and your late dearly beloved Mum are the human face of inhuman actions.
We all support you.
Jimrob
says...
11:24pm Wed 7 Mar 12
If the Editor has the b***s, and I think he has, you may be reading more about this in the Globe soon.
As a taster, how about this little snippit?
The care package was cut by over 60% in hours and increased in price by over 40% at the same time.
The reasoning for the cut in hours by SS assessors? Her "improved condition". They never even bothered to contact her GP for a medical report. Had they done so,(which is a legal requirement) they would have seen that her condition had VERY SEREOUSLY deteriorated. The GP was so shocked that she herself wrote a letter of complaint to the Director of Adult Social Services. (message to Editor) I still have the copies of ALL correspondence.
PaulCa
says...
11:38pm Wed 7 Mar 12
My own mother is on the verge of having to call upon Social Services. But I love her and will therefore protect her and fight tooth and nail to ensure she is kept out of their grasp.
Best wishes to you and good luck in taking the fight to them and exposing them.
ArdalMcFardle
says...
6:29am Thu 8 Mar 12
He was then ignored for months when he finally had his concerns answered the so called "investigation" concluded it was all mistake and that there was no such policy, this was in the face of proof which he provided in the form of emails to and from brokerage and management. These emails all specifically mentioned a four week delay.
He therefore contacted the press ( See Daily Post and Community Caring magazine) The Council continued to deny this policy ever existed. Unhappy with the investigation and public declarations from WBC he contacted Frank Field. All this info and the emails can be found on the Wirral Leaks website.
A second whistleblower also came forward and confirmed there was a four week delay , and it was common knowledge in DASS, he too was brushed away with the "its a misunderstanding" defence. Howard Cooper was quoted as saying "We strongly dispute the allegation that care packages have been, and continue to be delayed-Allegations around saving money are conjecture.”
This memo blows that one out of the water.
Good luck in your quest fighting WBC, Jimrob it requires tenacity and the patience of a saint. But you're not alone.
PeteSheff
says...
8:36am Thu 8 Mar 12
AndersPanders
says...
9:02am Thu 8 Mar 12
ArdalMcFardle wrote:“Every practitioner in the department is going to have emails about this. There would have been thousands of cases.”
I've been looking into this case. It appears the whistle blower first reported his concerns in February 2011 and that he received an automatic response from the Director of social services which said "your email was deleted without reading."
He was then ignored for months when he finally had his concerns answered the so called "investigation" concluded it was all mistake and that there was no such policy, this was in the face of proof which he provided in the form of emails to and from brokerage and management. These emails all specifically mentioned a four week delay.
He therefore contacted the press ( See Daily Post and Community Caring magazine) The Council continued to deny this policy ever existed. Unhappy with the investigation and public declarations from WBC he contacted Frank Field. All this info and the emails can be found on the Wirral Leaks website.
A second whistleblower also came forward and confirmed there was a four week delay , and it was common knowledge in DASS, he too was brushed away with the "its a misunderstanding" defence. Howard Cooper was quoted as saying "We strongly dispute the allegation that care packages have been, and continue to be delayed-Allegations around saving money are conjecture.”
This memo blows that one out of the water.
Good luck in your quest fighting WBC, Jimrob it requires tenacity and the patience of a saint. But you're not alone.
Several emails passed by Mr Campbell to the Daily Post refer to a month-long delay and the need for a “waiver” from a senior manager to bypass it."
Did they do an impact assessment ? What do you think?
To impose an artificial four-week delay is illegal because the authority is failing in its duty to meet the assessed need.
The likely impact is the individual will suffer for longer than they need to"
All here
http://bit.ly/zNgErm
AndersPanders
says...
9:03am Thu 8 Mar 12
“Every practitioner in the department is going to have emails about this. There would have been thousands of cases.”
Several emails passed by Mr Campbell to the Daily Post refer to a month-long delay and the need for a “waiver” from a senior manager to bypass it.
PeteSheff
says...
9:19am Thu 8 Mar 12
http://www.whatdothe
yknow.com/user/pete_
sheffield
WBC refused to release legal advice
WBC refused to release the dates of legal advice
WBC did not complete an impact assessment
WBC did not have a consultation with service users, carers, health or service providers
WBC failed to answer if it was discriminating against people needing specialist provision which the council could not provide in its own services as they would have to wait 4 weeks
WBC was unable to provide a waiver form as it was completed by email but unable to give an example
WBC did release its guidance notes and now it has released the minutes of the budget meeting after an internal review request which state it was put in place to save money.
WBC are unable to say what happened if there was a failure in the system or if there was a failure to waiver which the whistleblower seems to be saying happened regularly.
A reasonable local authority acting within the law for the best interests of the vulnerable people in the borough?
woodyres
says...
9:28am Thu 8 Mar 12
WBC are already negotiating a further cut in funding with private care home owners - 9% was cut with no consultation last year + 2.5% the year before.
Adults who quite obviously need nursing care are being placed in residential homes (both general & dementia care) because it's cheaper. Relatives have a real battle on their hands to get the correct care which their loved ones need. I know this because I have spoken to people who have experienced this, and it is still going on.
Neither have DASS ever visited the "service-users" ( i hate that expression to describe real people ) to check they are being well looked after. Funnily
enough, a few months ago, there were a few telephone calls from DASS to ask totally inappropriate questions about their "service-users" not many relating to their actual care. When questioned why this was being done the arrogant reply was "this is something we do every year". Well I can tell you they don't !!
This is such an important issue, and unless you ( or someone you know ) experiences the nightmare that is dealing with Wirral DASS most people are not even aware that this goes on.
Go for it JimRob, with you all the way mate !!
Mr Atheist
says...
9:56am Thu 8 Mar 12
Ivorromaleyn
says...
10:41am Thu 8 Mar 12
Tjhe Rep could then report back to the ST Johns board who could then advise the rate payer if action is required.
Rate payers should face up to the fact that care needs financing, and be prepared to contribute. I feel St Johns managment could make a suitable charge for this oversight which would contribute to the charity.
If politicians were honest such oversight would not be needed,
bigfoot
says...
10:48am Thu 8 Mar 12
Certain Councillors and senior officers are guilty of the crime of maleficence and continue to do so. The situation Martin highlighted was institutionalised financial abuse,fraud and demanding money with menaces.
WirralAl
says...
10:53am Thu 8 Mar 12
With so many different issues all pointing in one direction.
The council and its many senior officers have failed to perform the management of the tasks that they are employed to carry out to the point of criminal negligence.
Report after report have highlighted so many failings it is frankly a disgrace.
The time has come to name and shame the liars, the crooks and the gangsters that our council tax is being spent on. Not one of them has been sacked!
Meanwhile back of the front line of reality the people that the council are supposed to look after have been left in venerable and dire circumstances to the point of death and this has been done deliberately. The council made this policy!!It is time to face the facts and people take responsibility for what they have done to all these poor vulnerable people who have been made to suffer.
Cllr Jeff Green it is now time to man up and give us the truth. This is time to show what you are made of. If you want us to vote at the next election you have got to grow a pair and finish the job that you started. If you don’t you are just as guilty. Don’t drip feed us with scandal after scandal.
If you don’t do it and Cllr Foulk us gets back in as leader will just try and bury it again as he has done for years.
Read the comments made by all the others on this site. We are calling for action.
What would the council do if we all delayed paying our council tax by 4 weeks or stopped paying for this terrible and disgraceful sham.
WHAT HAVE WE GOT TO DO TO GET SOME DAM ACTION.
AndersPanders
says...
11:51am Thu 8 Mar 12
ordinary personn
says...
12:40pm Thu 8 Mar 12
Ben Beaconsfield
says...
2:28pm Thu 8 Mar 12
The sooner there is some government intervention in the form of local government commissioners the better for all concerned (well, perhaps with the exception of some councillors and senior officers of course).
But I'm not holding my breath. Esther McVey brought the matter to the attention of the Prime Minister in a very public way at P.M.Q.s a couple of weeks ago. Then Frank Field held his half-an-hour debate in Parliament (albeit a bit of a damp squib in Westminster Hall). So nobody can say that government circles are unaware of the problem.
Maybe it needs a request from the top in Wirral. Perhaps Jeff Green might like to swallow his pride, say this problem is too big, he can't do any more and call for government intervention himself.
People would not think any less of him if he took this option.
Jimrob
says...
8:24pm Thu 8 Mar 12
Things have been set in motion. The wheels are turning. Can't say too much at this stage but "Watch this space" (hopefully)
The situation at DASS cannot be allowed to go on. Those responsible, both current and past, must be held to account.
council officer
says...
8:42pm Thu 8 Mar 12
PeteSheff
says...
8:47pm Thu 8 Mar 12
council officer
says...
8:56pm Thu 8 Mar 12
council officer wrote:Sorry guys, lose the HR but everything ese stands!!!
May I suggest you all look on the agenda for the Councils next cabinet meeting. The Chief Executive of the Council is recommending the Head of Press and PR is given a promotion and will be head of policy, HR, communications, community engagement, marketing, tourism and equality and diversity. Instead of doing the honourable things, they are now promoting each other! Why are these jobs not going out to advert? Outrageous.
PeteSheff
says...
9:07pm Thu 8 Mar 12
reliant22
says...
9:37pm Thu 8 Mar 12
So look forward to you getting justice for your Mum. How can these people live with their conscience? but then....possibly don`t have one. MX: (if the situation wasn`t so serious and so many of our most vulnerable people abused and that includes Martin M,) I could not help enjoying your comment on the Mayor`s cannon firing, so near the truth it`s unbelievable!!
Ivorromaleyn
says...
10:06pm Thu 8 Mar 12
Vested interests have undermined our democracy and turned it into an old boy's club. I am in my eighties and aware that our discontent is regarded with contempt by those in office. Safeguarding democracy is the responsibility of the voter. We should look in a mirror when wondering how it has got into such a sad state.
We need competent independents known to the community for integrity and competence.
Now stop winging and start cleaning up the town hall and then the palace of Westminster.
The north west could give the country a lead by applying some common sense to the problem of governance. Kicking rear ends is now a necessity rather than an option This is not a party political issue . The Party system is now controlled by those who despise democracy and have purchased control of it. The voter still has a veto ( at present?).
PaulCa
says...
11:29pm Thu 8 Mar 12
That's why they fill their boots. That's why they get away with it.
That's why we are made to look fools.
The Local Government Ombudsman is stuffed to the gills with corrupted ex-Council staff who will keep passing by on the other side.
The world will keep turning, whistleblowers will continue to be treated as troublemakers and passed over for honours, and Dave Green will almost certainly be vindicated.
Yes, that will be the next kick in the teeth for us, as the inner ring close ranks, protect each other, then once again go for the throats of the scapegoated masses.
Ben Beaconsfield
says...
11:36pm Thu 8 Mar 12
It's reward for a job well done. No senior officers sacked. No councillors forced out of office. No unredacted Klonowski Report. No job for Martin Morton.
Trebles and big bonuses all round !!
PS - welcome back.
AndersPanders
says...
7:35am Fri 9 Mar 12
An interesting FOI request may to also to ask who is undertaking PR, spin, call it what you will, for DASS. #justsaying
WirralAl
says...
8:56am Fri 9 Mar 12
council officer wrote:What a disgrace.
May I suggest you all look on the agenda for the Councils next cabinet meeting. The Chief Executive of the Council is recommending the Head of Press and PR is given a promotion and will be head of policy, HR, communications, community engagement, marketing, tourism and equality and diversity. Instead of doing the honourable things, they are now promoting each other! Why are these jobs not going out to advert? Outrageous.
WE WANT ANSWERS AND HEADS TO ROLL NOT PROMOTIONS.
Action needs to be taken to get this situation resolved.
These people are treating us all like idiots.
PeteSheff
says...
9:06am Fri 9 Mar 12
External commissioners to come in and run it are a much more likely outcome.
A truth and reconciliation board or external officer to deal with historic issues would be ideal to allow a new order to go forward.
How all this happens against a local authority, who holds its own people hostage with poor performance, I am unsure.
Ben Beaconsfield
says...
9:19am Fri 9 Mar 12
Firstly he uses it to grap the leadership of the council, now he seems to be drip-feeding 'revelations' in order to try and save his party's skin at the May elections.
Let's look at the timeline on this particular story. He says he 'has discovered evidence' which implies the action was personal. Where did he find this 'evidence'? In a drawere in an empty office in Adult social Services/ Perhaps it was an old councikl minute he overlooked? Or a report his parties Social Services spokesperson failed to spot?
Lay off it, Jeff. There is more at astake here than jostling for political advantage.
If you find you can't sack people, or produce an unredaxcted Klonowski Report, or re-instate Martin Morton as you promised, or if you haven't the will (that's the polite word) to do so, then as I have already suggested and which other posters seem to endorse, you must swallow your pride and ask the government to intervene by means of local government comissioners.
What are you, Cllr Green? A 21st century hero or another Grand Old Duke of York?
Ben Beaconsfield
says...
9:21am Fri 9 Mar 12
WirralAl
says...
11:03am Fri 9 Mar 12
Lack of action means he is just as guilty. Why spend £250,000 on a report that does not give names if you are not going to act on it.
So he used OUR money to pay for his own parties political advantage.
Totally out of order and clearly highlights the need for intervention from a higher authority.
STOP LOOKING AFTER YOUR OWN BACKS. LOOK AFTER THE PEOPLE THAT VOTE FOR YOU.
AndersPanders
says...
1:32pm Fri 9 Mar 12
If it wasn't for Whistleblowers, disgraceful blogs and people like Martin Morton , nobody would be any the wiser
unbeleivable
says...
2:47pm Fri 9 Mar 12
lordthomas
says...
1:01am Sat 10 Mar 12
The whole department was
NOT FIT FOR PURPOSE.
The entire department ofDASS should be fired and martin morton be appointed as chief exec and all can re-apply for their jobs back, if they can justify their position
this way no one get a pay off or hides from expulsion.WITHOUT any intervention from unions, councillers and the HR guy.
This situation makes a good case for an elected mayor, but no councillors should be allowed to appy.
my choice for an elected mayor would be someone like Lord Sugar or a very succesful buisness man who is not afraid to say YOUR FIRED
lordthomas
says...
1:03am Sat 10 Mar 12
The whole department was
NOT FIT FOR PURPOSE.
The entire department ofDASS should be fired and martin morton be appointed as chief exec and all can re-apply for their jobs back, if they can justify their position
this way no one get a pay off or hides from expulsion.WITHOUT any intervention from unions, councillers and the HR guy.
This situation makes a good case for an elected mayor, but no councillors should be allowed to appy.
my choice for an elected mayor would be someone like Lord Sugar or a very succesful buisness man who is not afraid to say YOUR FIRED
edward nigma
says...
8:55pm Sat 10 Mar 12
JADEE1
says...
12:44am Sun 11 Mar 12
AndersPanders
says...
9:40am Sun 11 Mar 12
edward nigma wrote:Mr Nigma, you persist in these snide 45K "pay off" comments. I seriously hope the implication is not that he somehow "angled " for this. For the stress, the loss of career and potential future earnings 45k is scant recompense and not even a years salary. I wonder what the two Senior officers who left WBC recently were paid ? Will we ever know ?
Just one problem with all this lordthomas, don't forget Martin Morton has already had his 45k payoff. Does anybody really believe that anybody in authority will be sacked or even disciplined for what has happened?? Of course not. Jeff Green is making all the right noises for political gain, but he can't actually do anything as his party is as guilty as anybody in all this and the senior officers support his leadership.
http://www.whatdothe
yknow.com/request/da
ss_recent_departure_
of_two_sen#comment-2
6086
Would you rather people like Mr Morton keep their mouths shut and allowed these reprehensible senior officers to get away with it all.
If you look in the right places you will find one of the whistleblowers in this case was "paid off" as you rather ineloquently call it . It's what WBC does. Rather than address the problems it seeks to bully, destroy and finally throw money about to make them disappear. As whistleblowers are bullied, smeared, put under intolerable stress and no longer have a career why should they not be compensated for WBC's disgusting behaviour ?
WBC you see, assume that they will then go away, they of course reckoned without the fact that actually whistleblowers have a conscience . I will repeat that "gagging clauses" are illegal and are separate to compromise agreements. Compromise agreements only stop you taking legal action with regard to the terms of your employment. They do not stop you speaking out to the press etc .
Ben Beaconsfield
says...
10:15am Sun 11 Mar 12
+In the United Kingdom, a compromise agreement is a specific type of contract, regulated by statute, between an employer and its employee (or ex-employee) under which the employee receives consideration, often a negotiated financial sum, in exchange for agreeing that he or she will have no further claim against the employer as a result of any breach of a statutory obligation by the employer.
+Except when ACAS have been involved and arranged a COT3 settlement, compromise agreements are the only means whereby an employee can waive statutory claims such as unfair dismissal, discrimination or entitlements to a redundancy payment.
+The detail and existence of a compromise agreement should remain confidential from third parties.
+The advantage for the employer is that they are able to draw a line under an employee's departure or complain and are protected from future claims.
+The advantage for the employee is the consideration, such as a financial sum, received in return is provided for by a legally-binding contract.
+In addition to confidentiality clauses, a Compromise Agreement may also include an agreed reference.
+A breach of the compromise agreement and any financial loss that breach may incur for the other party, can result in legal action in a court of law
AndersPanders
says...
10:45am Sun 11 Mar 12
a. 43J.
(1) Any provision in an agreement to which this section applies is void in so far as it purports to preclude the worker from making a protected disclosure.
AndersPanders
says...
10:56am Sun 11 Mar 12
An individual who has signed a compromise agreement with a gagging clause yet goes on to make a protected disclosure (i.e. to a regulator or the media), would be able to use 43J as a defence if an employer were to take an action against the individual to recover any money given in settlement. The exact nature of the action would vary depending on the wording of the agreement. However we are not aware of any cases in which this has happened. In reality it would be very unattractive for an organisation to pursue an individual for money given under the agreement, as it would draw further attention to the issue and the fact they attempted to hush it up: Any action pursued would be via the civil courts, where ordinary rules of open justice apply.
PaulCa
says...
1:49pm Sun 11 Mar 12
http://tinyurl.com/8
8dhjb6
PaulCa
says...
1:52pm Sun 11 Mar 12
PaulCa wrote:Will try that again. Compromise agreements and gagging clauses. The unseen aspects.
Compromise agreements and gagging clauses. The unseen aspects:
http://tinyurl.com/8
8dhjb6
(Copy into browser and remove the spaces that this system introduces to prevent direct linking)
http://www.lawbriefu
pdate.com/2012/02/10
/foi-and-local-autho
rity-gagging-clauses
/
AndersPanders
says...
3:42pm Sun 11 Mar 12
Good work!
PeteSheff
says...
10:00pm Sun 11 Mar 12
PaulCa
says...
10:12pm Sun 11 Mar 12
Where the phrase "hideously misconceived" is concerned, Mr Goacher is usually yer man.
You see, at #QuackCWaC council, he appeared to oversee and is now stoutly defending the removal of a whistleblower's statutory querying rights under Freedom of Information and Data Protection; which I believe lasted for 20 months, and was only called off after Ryan Giggs' barrister and privacy guru Hugh Tomlinson got involved.
#QuackCWaC Council have recently made a public declaration insisting that such Kafkaesque tactics "do not require the scrutiny of our councillors" !! Crazy.
Jimrob
says...
10:31pm Sun 11 Mar 12
In 2009 the DASS dispenced with what we all know of as "Home Helps" in favour of handing out the Autorities responsibilities to the "Private Sector"
(Another little something that the Editor might like to look into)
ALL Home Helps were forced to sign a "Gagging order" stopping them from releasing ANY information to client or public about the proposed change-over until contracts had been signed.
The punishment for non complience?
Jeapordising any redundancy payment and or, relocation to another job.
Easy enough for the Editor to check. I have one of the ex-Home helps living opposite me. (She also was one of my late mothers helpers for a while.
Just another instance of the cowardly, inconsiderate and uncaring way in which the DASS has, and may well still operate.
Ben Beaconsfield
says...
6:41am Mon 12 Mar 12
This struck me as odd, but Green didn't contradict it in his acceptance speech. It's all beginning to make sense now....
PeteSheff
says...
10:45am Mon 12 Mar 12
AndersPanders
says...
10:52am Mon 12 Mar 12
Problem is often the heavy handedness of the lawyers representing the employer leads the individual to believe they have either signed a gagging clause or have been effectively gagged and they are too scared to subsequently speak up and take their concern outside of the organisation even to an appropriate regulator.
Ben Beaconsfield
says...
11:37am Mon 12 Mar 12
MX
says...
12:07pm Mon 12 Mar 12
Anyone from the "independent sector" care to comment?.
Ben Beaconsfield
says...
12:11pm Mon 12 Mar 12
ArdalMcFardle
says...
12:20pm Mon 12 Mar 12
back on topic
I'm just looking at quotes form the TWO whistleblowers in this case in the media which was backed up with documentation. I wonder if The Council was ever asked to explain this documentation which appears to be explicit in its instructions
"One email from the brokerage team – which identifies care providers – said: “Hart are unable to assist with this care package. This means the care package WILL BE ON HOLD FOR FOUR WEEKS unless your principle manager waivers the four weeks.”
Another email to Mr Campbell, who had requested care for a client, said: “I have to inform you that this request has not been taken on by Harts and it will now be put on a FOUR WEEK HOLD. This may be waivered by a second authorisation by your principal manager.”
Mr Campbell, , said there was a “culture of bullying and intimidation” in the “dysfunctional” social services department, echoing Mr Morton’s allegations."
The other whistleblower said
"“I am quite happy to confirm there was an official policy of an illegal four-week delay
Once a person’s needs had been assessed and identified, then the authority should make all efforts to meet those needs.
But before the brokerage team were even allowed to look for a care plan, there was the delay unless you had a waiver from a principal manager.”
http://www.councilwa
tchuk.co.uk/index.ph
p/forum/WIRRAL-METRO
POLITAN-BOROUGH-COUN
CIL/782-Whistleblowe
rs-claim-Wirral-Coun
cil-operated-%E2%80%
98illegal%E2%80%99-d
elay-on-care.html
PeteSheff
says...
12:52pm Mon 12 Mar 12
As I said previous the authority here is PaulCa who has written extensively around the legality over including gagging clauses with compromise agreements.. and done extensive research.
My issue is for what purpose it was included for - which seem quite transparent in the AKA report.. and the AKA corporate governance report.
MX
says...
4:56pm Mon 12 Mar 12
I wonder if the 4 week delay whistleblowers were subject to gagging clauses?.
Just doesn't seem right to me .Surely there any Human Rights issues?.
Anyhow Ive just checked out page 148 of the Martin Smith report and apparently there is a clause which required Martin
" not to publicise any of his whistleblowing complaints by communicating them to third parties (including the press) but without prejudice to his right to report any allegations of criminal offences to the police or other official bodies.....".
From that its quite clear the Council did not want him going to the press but its clear as day that if he hadn't of spoken to the Globe none of the abuses would have come to light.
Bizarrely Smith goes on to conclude: " I do not believe it was a gag on Martin Morton's whistleblowing allegations as he has claimed".
Can somebody explain?.
PeteSheff
says...
8:06pm Mon 12 Mar 12
ArdalMcFardle
says...
10:15pm Mon 12 Mar 12
MX wrote:apparently not MX
Its not transparent to me from the AKA reports what the gagging clause was included for.
I wonder if the 4 week delay whistleblowers were subject to gagging clauses?.
Just doesn't seem right to me .Surely there any Human Rights issues?.
Anyhow Ive just checked out page 148 of the Martin Smith report and apparently there is a clause which required Martin
" not to publicise any of his whistleblowing complaints by communicating them to third parties (including the press) but without prejudice to his right to report any allegations of criminal offences to the police or other official bodies.....".
From that its quite clear the Council did not want him going to the press but its clear as day that if he hadn't of spoken to the Globe none of the abuses would have come to light.
Bizarrely Smith goes on to conclude: " I do not believe it was a gag on Martin Morton's whistleblowing allegations as he has claimed".
Can somebody explain?.
http://wirralleaks.t
umblr.com/post/11057
099144/a-whistleblow
ers-open-letter-to-f
rank-field-mp
leonardmeryton
says...
11:09am Tue 13 Mar 12
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