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I received an email this morning from Local Government Consultant and external investigator Anna Klonowski, in response to an email I sent last night regarding years of disability discrimination at Wirral Council – as discovered by Mike Smith of the Equality and Human Rights Commission:
From: Anna Klonowski
Sent: 27 July 2012 08:58
To: Paul C; Michael Frater
Cc: Graham Burgess; Green, Jeff E.; Phil Davies; Joyce Redfearn
Subject: Re: Disability Discrimination
Dear Mr Cardin,
I am no longer a member of the Wirral Improvement Board and have no commission with the Council. As a result I am unable to assist you further.
Office Tel: 07824 531919
I’ve now decided to raise the issue of historical disability discrimination with Michael Frater, the LGA troubleshooter. He is unlikely to be told about it by anybody, so I see it as my duty to make sure he gets all the information, acts on it now, prevents it recurring, and earns his money.
From: “Paul C”
Date: Thu, 26 Jul 2012 23:36:27 +0100
To: Michael Frater
Cc: ‘Anna Klonowski’; Graham Burgess [email returned – address not known]; ‘Green, Jeff E. [Councillor]; Phil Davies [Councillor]
Subject: Disability Discrimination
Dear Mr Frater,
Back in 2010, I visited one of Angela Eagle MP’s surgeries and raised the subject of Wirral Council’s unlawful charging policy. This was something that I regarded as systematic disability discrimination.
This discrimination had been committed both prior to and since Social Services’ senior staff ignored the detailed submissions of a whistleblower (Martin Morton), who had told them it was wrong and unlawful. But the Adult Social Services Department continued to deduct payments from the bank accounts of 16 learning disabled residents of three supported living accommodations in Moreton, Wirral. It is believed this unlawful charging occurred for a period of up to 9 years, perhaps longer. As you will be aware, Mr Morton, in return for his public-spirited actions was forced out of his job, and I believe he is now unemployed.
Quite apart from the proven bullying and alleged mobbing of Mr Morton, I viewed the taking of this money from vulnerable people as disability discrimination, as did Mike Smith, the Chair of the Disability Committee of the Equality and Human Rights Commission. In addressing Angela Eagle’s initial query, Mike Smith had written to her on 29th December 2010, confirming this and I attach his letter for you to read.
Within the letter, Mike Smith states that this was disability discrimination, because he disagrees with Bill Norman’s opinion on it. He goes on “…Mr Cardin’s concerns should be included in the inquiry (Anna Klonowski inquiry), in order to identify whether there are other issues or systemic problems that need to be addressed.”
In other words, disability discrimination was “a given” – and the inquiry should now focus on looking for other issues or problems needing to be addressed.
However, whether through breakdown of communication, malpractice or incompetence, the law firm assuming the “disability discrimination role”, DLA Piper UK LLP (see pp. 240 to 249 of AKA report), did not address Mike Smith’s concerns at all. They were either instructed, or took it upon themselves to adopt a much narrower remit, determining whether or not there HAD BEEN disability discrimination throughout a number of different time periods, eventually deciding overall that there hadn’t. Which flew in the face of Mike Smith’s opinion and failed to address his stated requirements.
Prior to this letter, the now suspended Director of Law Bill Norman had reached his own conclusion, in Mike Smith’s opinion wrongly, that there hadn’t been disability discrimination. I am concerned that a reasonable assumption by any third party would consider this arrangement to be suspect, given that Mike Smith’s concerns weren’t addressed, and that large amounts of public money in the form of solicitors’ fees were involved.
As I’m sure you will appreciate, unaddressed disability discrimination is an extremely urgent, serious and compelling subject, and I would be very grateful if you could acknowledge receipt of this email and then make enquiries of Anna Klonowski, Bill Norman, Surjit Tour and any other officers who may have been in a position to allow sloppiness or malpractice to creep in where it should not be permitted to,
UPDATE 27th August 2012
Although the above email, dated 26th July was sent into the ether over a month ago, I’ve had nothing back from Michael Frater. I’ve decided to email Joyce Redfearn, the chair of the LGA Improvement Board instead, hopefully to shake things up and get them a bit more motivated. This is after all an important issue. We shouldn’t allow things to slide and permit DLA PIPER UK to get away with what many now regard as sloppy practice, possibly aimed at saving the Council (who commissioned AKA and presumably footed the bill for DLA Piper’s toil) a hefty compensation bill – yes – how shockingly cynical our world has become:
From: Paul C
Sent: 27 August 2012 22:20
To: ‘Joyce Redfearn’
Cc: ‘Michael Frater’; Paul Burstow; ‘Angela Eagle’
Subject: FW: Disability Discrimination
Dear Ms Redfearn,
There’s an important issue covered in the emails below; that of Wirral Council’s historical disability discrimination, carried out deliberately over several years – raised with the Equality and Human Rights Commission some time ago, and with Mr Frater last month.
However, despite being “remunerated” a reported £1,200 per day, he has failed to acknowledge the original email, nor the reminder sent recently. I’d appreciate it if you could acknowledge receipt of this one with me, and then discuss and action the matters raised with Mr Frater, possibly during the Improvement Board sessions which you are privileged to chair. You may wish to remind him that the issue has now been taken up again with my local MP Angela Eagle, in part due to his ongoing failure.
I was told today that Paul Burstow MP, the minister concerned, is writing to me this week to update me on the related issue of an ongoing threat of abuse to vulnerable people – on Wirral and further afield, created and enabled by Wirral Council’s quite calculated failure to safeguard their wellbeing,
Best regards and thank you in advance,
UPDATE 2nd September 2012
I’ve received the following reply from Joyce Redfearn, chair of the LGA Improvement Board at Wirral Council:
Dear Mr Cardin
I am acknowledging receipt of your email as you requested.
The issue you raise is one to which Wirral Council should respond . Mr Frater has now left the Council so I am forwarding your email to the acting Chief Executive Mr David Armstrong who will ensure that your email receives appropriate attention.
By my estimate, Michael Frater earned approximately £75,000 for his stint of 3 day weeks at Wirral. If you divide £75,000 by £1,200, you arrive at the number of days worked, which is…. 62 and a half.
It’s a relief that he wasn’t taken on for a whole year, because this would have translated to an annual salary of approximately £313,200.
It’s also a pity he couldn’t respond to my July email (see above) and say, “This is nothing to do with me…. this is for the Council to address” – maybe because this would have flown directly into the face of just about everything those big names in central government e.g. Grant Shapps, Paul Burstow have been shouting… that the LGA has been sent in to sort the place out !
And alas, the Wirral public won’t get any answers from the troubleshooter. Mr Frater has now packed up and gone…