#FoI request ~ Unscrutinised Machinations; Suspended Director of Law Departs Wirral Council

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17th October 2012


See also this related blog post

Dear Wirral Metropolitan Borough Council,

On 17th October 2012, it became public knowledge that suspended
Director of Law, Bill Norman had received
permission, as part of a secret, protected and apparently
unscrutinised process, concealed from public
view, to leave his employment with Wirral Council. According to the
press, this is believed to follow an external investigation stating
that he had “no case to answer” and to involve the granting of a
package approaching £150,000 in public money.


Above is a link to a news story published today in the
Wirral Globe, which reported this matter. Once again, the comments
beneath the article indicate the strength of feeling amongst a
still outraged public.

The former CEO, Jim Wilkie, who himself is the subject of another
freedom of information request, currently breaching the FOI Act:


…admitted to years of learning disabled abuse by the council.
This was followed by the departure of two senior social services
officers in January of this year. It is still not clear whether
these two individuals WERE leaving as a result of their involvement
in abuse AND whether they signed compromise agreements with gagging
clauses. As of today, despite several assurances, Wirral have not
responded to the following FoI request and are many months overdue
and again in breach of the FOI Act:


Despite the fine words trotted out in Appendix S2 of the Anna
Klonowski “Refresh and Renew” Supplementary Report, the Wirral
public have still yet to see any sign of accountability or a
reckoning towards the as yet anonymous employees who perpetrated
this sustained abuse against learning disabled people over a period
of several years – which totalled over £700,000 plundered from
their bank accounts.

There were also abuses of power, as found by two independent
investigations – but which remain unpunished, and an admission to
learning disabled abuse here (See 7.1):


Please provide all information you have which is connected to the
departure of Mr Norman. This will relate to meetings, hearings,
discussions, reports (including the report of Mr Richard Penn, the
external investigator), and may be stored in the form of recorded
minutes, verbatim and non-verbatim notes, emails, letters, memos,
aide memoirs, documents, whether electronically or manually stored.

Please confirm and provide full details of the existence of any
payments made to Mr Norman in relation to his departure. This will
include precise amounts, the method of payment and the budget from
which the payment was / is to be derived.

Please confirm details of the existence of any “compromise
agreement” or “confidentiality agreement” or “compromise
contract”or “confidentiality contract” agreed and signed by Mr
Norman in relation to this departure or to his involvement in
abuse or malpractice. This will include confirmation and
description of any ‘gagging clauses’ and whether a positive /
neutral / negative reference was provided regarding potential
future employment.

In light of the [strangely] recent discovery by Wirral’s NOW
EX-Chief Internal Auditor David Garry that “compromise contracts”
were NOT being recorded but were being arranged behind closed
doors, beyond any councillor scrutiny and beyond view of the


…please describe the exact process that was followed and supply the
documents, reports, aide memoirs, notes, etc. that were created and
recorded as part of the NEW process. Please take a deep breath
before you do this, and ponder your overriding duty to act not out
of self-interest, but fairly and impartially in the unbending
service of us the public.

Please provide the names and addresses of all organisations /
bodies involved in providing legal advice to Mr Norman. Please also
provide details of meetings which occurred including times, dates
and matters discussed.

Please confirm the details of any disciplinary charges either
planned or levelled against Mr Norman in relation to any failures /
malpractice / abuse which may or may not have brought about his
departure from the Council.

If Mr Norman was provided with a “clean bill of health” regarding
his time served at the council, please provide a copy of this /
these document(s).

Please redact documents as you see fit, and remove any personally
sensitive information in accordance with the requirements of the
Data Protection Act.”

Please be mindful that as Mr Norman was the “Director of Law” and
fulfilling that role, and paid / rewarded in line
with that role as part of these as yet secret arrangements, I am
making you aware that case law within this area, combined with the
legitimate and compelling public interest demands a far greater
degree of openness.

As yet, I can find no evidence either in the press or on the
Council website that this departure has received ANY democratic
scrutiny by elected officials. Please confirm which meetings took
place. Presumably there will have been at least one gathering
called to scrutinise the so-called “compromise contract” that was
drawn up and agreed.

Please also confirm whether the July suspension of Mr Norman and
his two colleagues was carried out correctly i.e. it followed to
the letter the guidance laid out within the Local Government Act
2000 and was mindful of the extra protection that is afforded to
Directors of Law and Finance.

If Mr Michael Frater, local gov troubleshooter [now departed] made
an error in suspending the two officers Norman and Coleman, and
this has “blown up in his face” and potentially caused a situation
in which we may find ourselves today i.e. shot in the foot;
compromised; picking up the pieces, and paying off officers who
have had their employment rights breached, then please confirm it
if true, and release all the documents which relate to it,

Yours faithfully,

Paul Cardin

18th October 2012

According to Principal Committees Officer Andrew Mossop, the relevant minutes were added to the website yesterday, almost a whole month after the Employment and Appointments (Compromise Contracts) meeting took place.

This relatively new committee was established in April 2012.  As we all know, mucho concealed machinations will have transpired before then.  Anyway…. drip, drip, drip….


Pay-offs ~

David Garry’s breakdown

Total to the tax payer: £46,584.

People will wonder, “Why did the Chief Internal Auditor have to go?”  Is it anything to do with the HESPE Highways Contract awarded to COLAS, now lying in tatters?  Can it be related to the lack of audit oversight which was allowed to occur under Mr Garry’s watch?  Can it be connected to the perverse decision to award “3 stars” (whatever that means – sounds like an endorsement to me) to the whole rotten process?  Did David Garry receive a “clean bill of health” within his compromise agreement, intended to reassure any unwitting employers thinking of appointing him in the future, following this fiasco?  We need to know!

Bill Norman’s breakdown

Total to the tax payer: £151,416.

The reason given for the former Director of Law’s departure is “Redundancy/Severance payment”.  Presumably the post of “Director of Law” now lies redundant, obsolete; to be deleted from the staff structure…. or have I got this wrong?  Experience tells us such issues are approached differently on Wirral.  Will the position be given a new, fresher title…. one to key in with the positive spin, with the supporting machinations whipped into a frenzy, as the media machine churns onwards and “moves forward”.

Did anybody ever read and digest the Klonowski Supplementary Report ~ the absurdly titled “Refresh And Renew”, with its fine words promising accountability before the public?  Or does that and the full report sit on a shelf somewhere, unheeded, gathering dust ?

Sharp-eyed readers of the Council minutes will have spotted that the meeting called on 20th September 2012 was just one day prior to the reporting of the external investigator, Richard Penn, on 21st September 2012.  Which reminds us of the release of the two senior DASS oficers the day before the release of the full Klonowski report.  “Manipulation” and “massage” appear to be writ large not just through the minutes produced on the website, but in the actions and the exquisite timing of the actions of Wirral’s “inner ring”.

What kind of an organisation would draw up and present a compromise agreement the day before a crucial investigation finally reports its findings.  What kind of an organisation would allow a suspended employee to leave in the event that the investigation came up with “no case to answer” – which is precisely what transpired.  What the hell is going on here?


5 thoughts on “#FoI request ~ Unscrutinised Machinations; Suspended Director of Law Departs Wirral Council

  1. Well Cllrs Hodson, Johnston and Meaden decided to hold the compromise contract of D Garry and Bill Norman behind closed doors on the 20th September (agenda item 3), on the recommendation of Chris Hyams/Surjit Tour. I was there for the first three agenda items and would happily have stayed for the rest of the meeting, had the press and public not been excluded. Cllr Chris Meaden was the Chair. However they decided not to pay Bill Norman off until a day later when the I&DC met (again behind closed doors but that was due to a different set of councillors), against chaired by a Labour councillor. So it was Labour that suspended Bill Norman, Labour that offered him a compromise contract and Labour that put in a process that gave him a “clean bill of health”. Bear in mind also Bill Norman would be on full pay while suspensed between June to September (three months or so). Chris Hyams conveniently left off £4,000 of VAT on legal costs on the report too, which makes the total £4k higher than stated.

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