Proposed by Councillor Mountney

Seconded by Councillor Watt

(1)  This Council recognises that a number of concerns were raised by a Council ‘whistleblower’ in October 2007 under the Public Interest Disclosure Act 1998, which in turn has resulted in the Audit Commission issuing Wirral Council with a Public Information Disclosure report.

(2)  Council notes the findings of the report:

• Although 30 accredited providers are used by the Council only 12 contracts have been signed and returned by providers.

• No formal arrangements have been established for the contract monitoring of supported living providers.

• There are no arrangements at present for feedback from service users where there is dissatisfaction with services or where quality standards have not been met.

• There remains a substantial risk that users receiving services from one of the Councils service providers are being charged unfairly.

• The Council does not always know the actual contributions that the provider requires service users to contribute for services they provide.  Consequently the Council is not in a position to know whether the aggregate of charges levied on service users by the Council and contributions required by the provider are in compliance with the guidance of fairer charging.  It is not clear who is currently ensuring that these service users are receiving adequate protection for the risk of financial abuse.

(3)  Council notes the fact that these findings had previously been raised with officers of the Council by the whistleblower and, whilst thanking the Audit Commission for the production of this report and bringing the matter out into the open, condemns the fact that the Council’s own procedures are so defective as to have needed the Audit Commission’s intervention to bring them to the notice of the Council and the public.

(4)  Council believes that this PIDA report and the Department’s unwillingness to bring to the Council’s attention the whistleblower’s concerns regarding the treatment of those in our care demonstrates a lack of effective governance, management and leadership within the Department.

(5)  Therefore this Council instructs the Chief Executive to appoint an independent person of sufficient standing and experience to investigate these matters fully, speedily and rigorously and to bring their findings to the Council’s attention, including any disciplinary action, if required, at the earliest possible occasion.

Proposed by Councillor Mountney

Seconded by Councillor Watt

(1)  This Council recognises that a number of concerns were raised by a Council ‘whistleblower’ in October 2007 under the Public Interest Disclosure Act 1998, which in turn has resulted in the Audit Commission issuing Wirral Council with a Public Information Disclosure report.

(2)  Council notes the findings of the report:

Although 30 accredited providers are used by the Council only 12 contracts have been signed and returned by providers.

No formal arrangements have been established for the contract monitoring of supported living providers.

There are no arrangements at present for feedback from service users where there is dissatisfaction with services or where quality standards have not been met.

There remains a substantial risk that users receiving services from one of the Councils service providers are being charged unfairly.

The Council does not always know the actual contributions that the provider requires service users to contribute for services they provide.  Consequently the Council is not in a position to know whether the aggregate of charges levied on service users by the Council and contributions required by the provider are in compliance with the guidance of fairer charging.  It is not clear who is currently ensuring that these service users are receiving adequate protection for the risk of financial abuse.

(3)  Council notes the fact that these findings had previously been raised with officers of the Council by the whistleblower and, whilst thanking the Audit Commission for the production of this report and bringing the matter out into the open, condemns the fact that the Council’s own procedures are so defective as to have needed the Audit Commission’s intervention to bring them to the notice of the Council and the public.

(4)  Council believes that this PIDA report and the Department’s unwillingness to bring to the Council’s attention the whistleblower’s concerns regarding the treatment of those in our care demonstrates a lack of effective governance, management and leadership within the Department.

(5)  Therefore this Council instructs the Chief Executive to appoint an independent person of sufficient standing and experience to investigate these matters fully, speedily and rigorously and to bring their findings to the Council’s attention, including any disciplinary action, if required, at the earliest possible occasion.

In accordance with Standing Order 9(q), Councillor Simon Holbrook moved a motion, seconded by Councillor Steve Foulkes, that discussion of this matter be deferred to the next meeting of the Council.

The Director of Law, HR and Asset Management advised the Council that it was preferable, but not a legal requirement, that the matter be deferred in order for the Cabinet and Audit and Risk Management Committee to consider the matter accordingly.

The motion was put and carried, with the Council dividing as follows:

For the motion (33) - Councillors RL Abbey, JA Crabtree, WJ Davies, George Davies, PL Davies, F Doyle, S Foulkes, G Gardiner, John George, PN Gilchrist, T Harney, SA Holbrook, AT Jennings, SE Kelly, Brian Kenny, DT Knowles, Ann McLachlan, CM Meaden, GD Mitchell, RK Moon, SAM Niblock, Jean Quinn, M Redfern, PTC Reisdorf, DE Roberts, J Salter, PA Smith, WW Smith, PM Southwood, JV Stapleton, CM Teggin, R Wilkins, KJ Williams.

Against the Motion (22) - Councillors T Anderson, C Blakeley, SL Clarke, WA Duffey, DM Elderton, GJ Ellis, Mrs L Fraser, JE Green, J Hale, Karen Hayes, AC Hodson, PSC Johnson, J Keeley, I Lewis, SD Moseley, SR Mountney, A Pritchard, Mrs LA Rennie, SL Rowlands, Sue Taylor, GCJ Watt, and Mrs K Wood.

Abstainers (2) – Councillor A Jones and P Williams

The Motion was carried (33:22).

RESOLVED:  That consideration of this matter be deferred to the next meeting of the Council.