Cheshire East - Did it break the law?

Cheshire East has a Health and Wellbeing Scrutiny Committee.

One of its remits is that it should meet in in public.

Another remit, set when it was initiated, is that it should meet every two months.

It met on 09 June 2011, then on 28 July 2011. Then the published, 08 September 2011 meeting was stated to be 'closed to the public'.. and the next published date was 10 November 2011 - which even my my poor mathematical skills is not two months.

However, that arrangement was changed as follows. Do read to the end since that establishes - via the Head of Democratic Services - that the public has a right to expect its Council meetings to be held in public.

I telephoned to say that I would be attending the Health and Wellbeing Scrutiny Committee meeting on 08 September 2011 to ask questions. I was told that I could not attend, since the meeting which was advertised on Cheshire East's web site, was 'not open to the public'.

The string of emails below, begins with the explanation from a Council officer as to why I could not attend.

EMAIL NO 1
-----Original Message-----
From: MORLEY, James [mailto:James.Morley@cheshireeast.gov.uk]
Sent: Wednesday, September 07, 2011 5:19 PM
To: 'charlottepetersrock@tiscali.co.uk'
Subject: Scrutiny Committees
Dear Charlotte Peters Rock,

I can confirm that the meeting of the Health and Wellbeing Scrutiny Committee is a private meeting and is not open to the public. The Members of the Committee will be meeting informally to discuss private matters of the Committee and will not be discussing anything that is open to the public. I apologise for any inconvenience this may cause. The document Calendar of Meetings 2011/12 located on the Cheshire East website is out of date now that Health and Adult Social Care has been split. I will raise this issue with the relevant officer and have it resolved promptly.

The Health and Wellbeing Scrutiny Committee is a brand new committee which has been created in line with the creation of Health and Wellbeing Boards that will begin official operations in April 2013 as part of the Public Health White Paper published in November 2010. The Committee is not ready to act as a public Scrutiny Committee at this time.

The Adult Social Care Scrutiny Committee will be meeting on Thursday 22nd September 2011, 10:30 at Westfields and will be open to the Public.

If you have any further questions please feel free to reply. I should be able to provide further information given more time.

Regards

James Morley
Scrutiny Officer
Democratic Services
Cheshire East Council
01270 686465
******************************
EMAIL NO 2 
From: Charlotte Peters Rock [mailto:charlottepetersrock@tiscali.co.uk]
Sent: 07 September 2011 17:42
To: MORLEY, James
Cc: DOMLEO, Roland (Councillor); FITZGERALD, Wesley (Councillor); FLUDE, Dorothy (Councillor); GARDINER, Stewart (Councillor); HUNTER, Olivia (Councillor); MACRAE, Jamie (Councillor); RAYNES, Peter (Councillor); JONES, Shirley (Councillor); MURRAY, Howard (Councillor);
Subject: RE: Scrutiny Committees

Dear James,

Thank you for your prompt response. It is very much appreciated. I feel that it is wrong that following elections which took place months ago, there is no operative - or publicly accessible Health and Wellbeing Scrutiny Committee.

Is it lawful to insist that the public has no access? Perhaps you could send me the Standing Orders in that respect? They will do as an email attachment.

In view of the dire circumstances which currently prevail in the Knutsford area, where the Health and Wellbeing of a large range of the old, ill, disabled, and their very many Carers is being put at severe risk, by the proposed - and actual - removal of vital social care and health services, over which none of them has yet been consulted, I am surprised to hear that there is NO Cheshire East Council overview or scrutiny at such a stressful, demanding and dangerous time for these people.

I would now like to be informed - as a matter of urgency, when an Emergency Special Meeting of the Health and Wellbeing Scrutiny Committee will take place.

I now call on Council Leader, Cllr Wesley Fitzgerald, for an urgent response.

Regards,

Charlotte Peters Rock
***********************************************************************

EMAIL NO 3
-----Original Message-----
From: MORLEY, James [mailto:James.Morley@cheshireeast.gov.uk]
Sent: Wednesday, September 07, 2011 6:03 PM
To: 'Charlotte Peters Rock'
Cc: DOMLEO, Roland (Councillor); FITZGERALD, Wesley (Councillor); FLUDE, Dorothy (Councillor); GARDINER, Stewart (Councillor); HUNTER, Olivia (Councillor); MACRAE, Jamie (Councillor); RAYNES, Peter (Councillor); JONES, Shirley (Councillor); MURRAY, Howard (Councillor);
Subject: RE: Scrutiny Committees
Charlotte,

Can I assure you that work is continuing during this time to Scrutinise Health and Adult Social Care issues. The Adult Social Care Scrutiny Committee continue to operate as normal and will continue to deal with all of the issues concerned with Health and Adult Social Care. This is a time of transition for both Committees however we are ensuring that proper Scrutiny is carried out at all times.

There are private matters which it is lawful to keep out of the Public domain. I can assure you that if there are any issues that need to be in the Public they will be dealt with in such an arena. I am sure that if you do choose to attend the Adult Social Care Scrutiny Committee you will be satisfied with the work being done.

Regards

James

 EMAIL NO 4
-----Original Message-----
From: Charlotte Peters Rock [mailto:charlottepetersrock@tiscali.co.uk]
Sent: Wednesday, September 07, 2011 6:56 PM
To: MORLEY, James
Cc: roland.domleo@cheshireeast.gov.uk; wesley.fitzgerald@cheshireeast.gov.uk; dorothy.flude@cheshireeast.gov.uk; stewart.gardiner@cheshireeast.gov.uk; olivia.hunter@cheshireeast.gov.uk; jamie.macrae@cheshireeast.gov.uk; peter.raynes@cheshireeast.gov.uk; shirley.jones@cheshireeast.gov.uk; howard.murray@cheshireeast.gov.uk; ; peter.coan@ntlworld.com
Subject: RE: Scrutiny Committees
Dear James,
Thank you for your further reply.
I am concerned that with so much being done with no consultation, Carers are being left in a state of shock, which hardly helps them to continue the exhausting care of loved ones who are demented or disabled. They are left with the uncertainty of:
1. whether they can retain jobs,
2. whether they will be able to cope with the strain of care for any longer
3. whether their loved ones will be mistreated, if transported to distant places which they cannot reach in order to over see that their treatment in day care is adequate, good, cruel or bullying.
The stress which this places on people who effectively have a lifetime, 24 hour a day commitment and are already at full stretch, is just unacceptable.
This is particularly true because this Local Authority made a decision earlier this year, that because the public transport within and around Knutsford is so abysmally poor, the social care transport within Knutsford would not be looked at - or changed/removed - until 2012, yet within a couple of weeks it had been removed on only two days notice.
That destroyed any trust which those carers who attend the Stanley Centre might have had in Cheshire East. And it is from that lack of trust that people now are being informed that decisions have been made to transport their loved ones to various places across this artificial county. 
I suppose the only other thing which could be done, is that they can keep them at home, removed all of their own ability to earn a living, remove their own social life and quietly 'climb the wall' - but it would be out of sight of the public. I am aware that this seems to have been what happened to some degree when Bexton Court shut forever last October. The problem might well have been 'solved' for the Council, but that is not 'social care', since it stifles any social life and cares not at all for the stress-breaking pressure placed on the single, desperate family.
If the Health and Wellbeing Scrutiny Committee is indeed meeting, then it should be accessible by now, to the public which it is professed 'to serve'. That means that it should have a pre-published Agenda (at least 3 days in advance) and the public should be free to listen to its deliberations and to comment, even if only in writing.
If it cannot make up its mind, then all of its members should resign and let us know that we are on our own in this matter.
It seems that because of the splitting of Adult Social Care and Health and Wellbeing Scrutiny Committees, both of which are key overseers in respect of the frail, old and demented,and disabled adults - and their carers, there is in any case a very good reason why these two Committees now need to have joint meetings so that a humane and practical way can be found to supply local services to local people; and so that instead of increasing the already intolerable pressures on all of those people, a way can be found to support them with the help they need, within the Knutsford area.
Such Meetings need to begin to take place a long time before December, if they are to mitigate some of the damage already done by the unthinking decisions, which have been suffered thus far.
They need to be held within Knutsford, where the people of Knutsford and its immediate area, can see what is proposed, add to what is proposed, and together reach a sensible way forward. That would help all parties, and might produce a lessening of the Carer stress and exhaustion, which currently prevails.
This isn't supposed to be a battleground but a Health and Social Care package, designed to help the frail, old, demented and disabled - and their carers - and to keep all of these people as well as possible, and provide a cheaper way forward for  the Health and Local Authorities, than full-time institutional care.
I feel that this now needs a formal, public statement from the Council Leader of Cheshire East, and would invite you to act.
Charlotte Peters Rock
*************************************************

EMAIL NO 5

-----Original Message-----
From: REED, Brian [mailto:Brian.Reed@cheshireeast.gov.uk]
Sent: Wednesday, September 21, 2011 3:54 PM
To: 'charlottepetersrock@tiscali.co.uk'
Subject: Scrutiny Committees
Dear Mrs Peters Rock

I have been on leave for the last two weeks and, in my capacity as Head of Democratic Services, have now been asked to respond to your email to James Morley of my Scrutiny Team.

Firstly, can I thank you for your contact with the Council.

At the Annual Council meeting, approval was given to splitting the responsibilities of the then Health and Adult Social Care Scrutiny Committee so as to allow two new Scrutiny Committees to concentrate on the detailed work in the two areas: Adult Social Care and Health & Wellbeing. Both Committees have already held meetings in the public – Health & Wellbeing Scrutiny Committee has held meetings in public in June and July. However, the meeting held on 8th September was an informal private meeting to enable Members to give detailed consideration to the Committee’s work programme and consider any training needs; other meetings are schedule to be held in public with the next meeting taking place on Wednesday 5th October.

I believe the calendar of meetings that you accessed on part of the Website is out of date and does not reflect the changed Scrutiny Committee structure; I will ensure that this is corrected. You can access an up to date calendar through the link below:

http://moderngov.cheshireeast.gov.uk/ecminutes/mgCalendarMonthView.aspx?GL=1&bcr=1

I would like to assure you that the Council’s scrutiny function continues to operate effectively and that we continue to ensure that information remains open to the public wherever possible. This is the case in the vast majority of reports to the Council’s committees. 

The Council’s Constitution Committee will meet soon to discuss increasing further the volume and range of information open to the public, over and beyond that which is required by legislation.

I appreciate your concern for Carers in Cheshire East Borough. This is an issue that we as a Council have been looking into and a draft Carers Strategy for Cheshire East will be going to the Adult Social Care Scrutiny Committee on 22nd September. The draft of the report will be coming to Cabinet in the near future.  However it will be available to the public when the agenda for the Scrutiny Committee is published. I have requested that the Scrutiny Officer for the Committee contact you via email with an electronic copy of this report as soon as it is available and you will be able to attend the Committee to offer any comments on 22nd September as part of the public speaking arrangements which apply to all committees.  If you wish to take part in  public speaking time, please let the Scrutiny Officer know when he/she makes contact with you.  There are special arrangements which apply to public speaking and you will need to be aware of these before the meeting.

Brian Reed Democratic and Registration Services Manager
Cheshire East Council Westfields, Middlewich Road, Sandbach CW11 1HZ Tel: 01270 686670 Fax: 01270 529891
email: brian.reed@cheshireeast.gov.uk

EMAIL NO 6


From: Charlotte Peters Rock [mailto:charlottepetersrock@tiscali.co.uk]
Sent: 24 September 2011 01:26
To: REED, Brian
Subject: RE: Scrutiny Committees

Personal Attention of: Mr Brian Reed, Democratic and Registration Services Manager, Cheshire East
Dear Mr Reed,

Thank you for your detailed reply.

I am particularly concerned in respect of the non-functioning  Health and Wellbeing Committee. If it has held meetings in June and July, why does it suddenly feel the need to hold a closed meeting in September when it has already become absolutely apparent that the health and wellbeing of a very large number of Carers has been put at great risk by the deliberate actions of Councillors and Council Officers at Cheshire East?

You state: "..the meeting held on 8th September was an informal private meeting to enable Members to give detailed consideration to the Committee’s work programme and consider any training needs;"

Yet the Meeting which I attended on 22 September 2011 both considered its work programme and training needs. So what is the problem with the new Health and Wellbeing Scrutiny Committee? If it was due to meet in public, it should have met in public. Had there been anything which could not be discussed in public, then it could have used the usual private part 2 of its Meeting for such discussions. There is no excuse f or refusing to hold a Scrutiny Meeting in public. That is what your council states it does. This particular time is no time for any Scrutiny Committee to pussyfoot about.

Also, I do not understand the purpose of splitting down the two Committees

Health and Wellbeing Scrutiny
Adult Social Care Scrutiny

when it seemed to be stated at the Adult Scrutiny Committee at 10am on 22nd September 2011, that the Director of Adult Services had just taken on a far larger (too large??) role as also representing the interests of Children's Social Care, with all the ramifications of vulnerability and safeguarding of a very dependent group of youngsters, which that brings to the role.

It seems that with Scrutiny Committees splitting off in one direction, the opposite is true of the professionals employed to enact the public duty and will, in that they are bunching together far too much work to possibly hope to achieve any positive result. As you will be aware, should anything go wrong within Adult, social, health care or within the children's section, particularly within safeguarding, this will be devastating to those for whom it goes wrong.

How are these 'services' or Scrutiny Committees ever to meet the remit which they need to have? The severe problems deliberately caused by those professionals who have closed three facilities in Knutsford, Bexton Court/Tatton Ward and social transport, with absolutely no consultation; and who are now stating that The Stanley Centre WILL close following the very belated 'consultation' which has yet to take place, in respect of those disabled people who attend The Stanley Centre and the Carers of those people, this whole nasty episode was designed to distress the most vulnerable section of our community - and to isolate them out from the support of each other..

**** Can you comment on that? Can you remove the person/people who made such rotten, untenable decisions?

There is a great deal of legislation in respect of the old, the ill, the disabled and of Carers. So who, within Cheshire East is taking any notice of that legislation? The family lives of all those people are being deliberately disrupted. That is against The European Convention on Human Rights , which states:

"Article 8 – Right to respect for private and family life¹
1.                  Everyone has the right to respect for his private and family life, his home and his correspondence.
2.                  There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."
In regularly failing to respect this right as set out above, I believe that Cheshire East lays itself open to litigation, for deliberately disrupting the lives and health of hard working Carers, many of whom also hold down paid employment, as well as caring for relatives - and all of whom have the right to a social life, such as they can arrange, without interruptions made by overpaid council officials. trying to balance the books to keep George Osborne sweet.

With 10 people being paid sometimes well in excess of £100,000 per annum http://www.cheshireeast.gov.uk/council_and_democracy/your_council/how_the_council_works/corporate_management_structure/staff_salaries.aspx
for this terrible way of treating people, what is the purpose of employing them at all? The Council Tax, together with the National Tax, is paid for by us. What do we get for it, when in the 21st Century any council thinks it can treat us in such a way?

Where "the economic wellbeing of the country" is mentioned above, it is clear that having stated at the Adult Social Care Scrutiny Committee Meeting on  22 September 2011 that Carers save Cheshire East around £500 million pounds per year.. and the statement that there are currently known to be 36,704 Carers residing within Cheshire East - who are presumably caring for around the same number of people (ie 73,408 people in total) if those carers are not fully supported and encouraged to remain in good health, the burden on the Council Taxpayer in respect of Care Home beds, would be far higher than it currently is. So it is in the interests of Cheshire East to fully support the overburdened Carer, and encourage them to continue in the very difficult job which they do.

Just as a matter of interest, should those 36,704 Carers and their charges fall in need of a care home bed each, once this Council has achieved its 'savings', that would cost, at the low Local Authority rate of £400 per bed per week £1,526,886,400 per annum.

That, expressed in words is
One thousand five hundred and twenty six million, eight hundred and eighty six thousand, four hundred pounds 
- that is an (ever increasing in cost) ANNUAL BILL. (More than One and a Half Billion pounds)

That, of course, does not count the cost of possible litigation against the Local Authority.

I sincerely believe that "the economic wellbeing of the country" is far better served by serving each local area with the help and support which its dependents and carers need, within their local area.

People in and around Knutsford, need services which Carers can readily oversee. That is the only way to ensure the safety and other welfare of their dependents. Ultimately, that is the only way that they can have peace of mind, when they are engaged in paid work, or in a small stab at a social life, or in rest.

Knutsford has two closed public buildings (Tatton Ward and Bexton Court). It is planned that it will soon have a third (The Stanley Centre) and a fourth (Stanley House)closed building. So there still exist the buildings. Since two of them have stood idle for nearly 12 months, what does that say about the will of Cheshire East, in respect of those in need?

I would be grateful if you would consider this and - in the interests of the 'democracy' which you serve - relay it to all Councillors and Council Officers, since if any one of them does not understand so basic a set of facts, they need to be informed.

I would also be interested in your observations or in the observations of any of the people mentioned above.

Yours sincerely,

Charlotte Peters Rock

EMAIL NO 7

-----Original Message-----
From: REED, Brian [mailto:Brian.Reed@cheshireeast.gov.uk]
Sent: Monday, September 26, 2011 7:56 AM
To: 'Charlotte Peters Rock'
Subject: RE: Scrutiny Committees
Dear Mrs Peters Rock,

Thank you for your email, which contains a lot of detail, and which covers a number of issues.
I would be more than happy to speak to you by telephone if you feel this would be helpful.
You may wish to give me a call, or email your telephone number to me so that I can call you.

Brian Reed Democratic and Registration Services Manager
Cheshire East Council Westfields, Middlewich Road, Sandbach CW11 1HZ Tel: 01270 686670 Fax: 01270 529891
email: brian.reed@cheshireeast.gov.uk

EMAIL NO 8

From: Charlotte Peters Rock [mailto:charlottepetersrock@tiscali.co.uk]
Sent: 26 September 2011 12:38
To: REED, Brian
Subject: RE: Scrutiny Committees

Dear Mr Reed,

Perhaps, in view of the complications, I could call in to see you - say tomorrow - any time - or Wednesday between 9 and 11?

I always think more gets understood face to face.

Charlotte Peters Rock

EMAIL NO 9

-----Original Message-----
From: REED, Brian [mailto:Brian.Reed@cheshireeast.gov.uk]
Sent: Monday, September 26, 2011 3:09 PM
To: 'Charlotte Peters Rock'
Subject: RE: Scrutiny Committees
Dear Mrs Peters Rock,
I would be happy to meet with you briefly but I need to let you know that I won’t be able to address specifics relating to this matter, over and above those for which my service area is responsible.
I look after the decision-making arrangements of the Council and, therefore, don’t have knowledge of or an understanding of the issues in the particular case in question.  I would not want you to come over to Westfields and to find that my responses do not cover your primary queries.
For that reason, I would suggest that we speak by telephone and, if I can put you in touch with others who may be better placed to respond, I will do so.

Brian Reed Democratic and Registration Services Manager
Cheshire East Council Westfields, Middlewich Road, Sandbach CW11 1HZ Tel: 01270 686670 Fax: 01270 529891
email: brian.reed@cheshireeast.gov.uk

EMAIL NO 10

From: Charlotte Peters Rock [mailto:charlottepetersrock@tiscali.co.uk]
Sent: 26 September 2011 17:49
To: REED, Brian
Subject: RE: Scrutiny Committees

Dear Mr Reed,

Thank you for the offer to meet with me 'briefly'. I will call in tomorrow morning, at around 11am, unless I hear that a better time would suit you.
I will be in Sandbach in any case, tomorrow.

At that point, should you be able to tell me who else I can speak to, about those matters which are not within your own remit, that would be very much appreciated.

Thanks

Charlotte Peters Rock

EMAIL NO 11

From: REED, Brian
Sent: 27 September 2011 07:31
To: 'Charlotte Peters Rock'
Subject: RE: Scrutiny Committees

That’s fine.  I will look forward to meeting you at around 11.00am.  Please ask for me at the reception desk and I will pop down.

Brian Reed Democratic and Registration Services Manager Cheshire East Council Westfields, Middlewich Road, Sandbach CW11 1HZ Tel: 01270 686670 Fax: 01270 529891 email: brian.reed@cheshireeast.gov.uk

EMAIL NO 12

-----Original Message-----
From: REED, Brian [mailto:Brian.Reed@cheshireeast.gov.uk]
Sent: Thursday, September 29, 2011 3:05 PM
To: 'Charlotte Peters Rock'
Subject: RE: Scrutiny Committees
Dear Mrs Peters Rock,

I promised to come back to you about the minutes of the Health and Wellbeing Board.
I can confirm to you that, at the meeting on 28th July, the error contained in the previous meeting’s minutes (9th June) which wrongly named 8th September as a public meeting of the Committee was not corrected. This is regrettable but, as I mentioned at our meeting, mistakes do happen.
You asked for a copy of the minutes of the meeting of 28th July and were concerned as to why these hadn’t yet been uploaded to the Council’s committee management system.  I have checked the position with colleagues and the minutes of meetings aren’t uploaded until the following meeting takes place and confirms their accuracy.  It will not therefore be until the meeting on 5th October that the minutes of 28th July are approved, following which they will be published.
I suspect you will not necessarily be content with my response, but I hope that you understand the reasoning.

Brian Reed Democratic and Registration Services Manager
Cheshire East Council Westfields, Middlewich Road, Sandbach CW11 1HZ
Tel: 01270 686670 Fax: 01270 529891
email: brian.reed@cheshireeast.gov.uk

EMAIL NO 13

-----Original Message-----
From: Charlotte Peters Rock [mailto:charlottepetersrock@tiscali.co.uk]
Sent: Thursday, September 29, 2011 9:23 PM
To: REED, Brian
Subject: RE: Scrutiny Committees
Dear Brian,

And there was me, considering that you had been so assertive.

I noticed at Sandbach Library, just after our meeting (11am-12noon 27 September 2011)  that the minutes for 28 July 2011 and Agenda for 05 October 2011 were suddenly online. They certainly had not been there before I set out from home that morning.
http://moderngov.cheshireeast.gov.uk/ecminutes/ieListDocuments.aspx?CId=562&MId=4163&Ver=4

So I assumed that you had realised the democratic error in respect of bi-monthly meetings, and had nipped out to get things democratically altered.

And you say it wasn't you? I am disappointed.

The document arrived on the web (at 11.36.11am) before our meeting had completed last Tuesday  - and gives me the information which I had asked you for.

That the '08 September 2011' meeting had now become a very acceptable '10am on 05 October 2011', at Congleton, is something for which I thank you.

Democracy is a very important part of any Local Authority, as I know you agree.. and I certainly understand your reasoning. I have carefully copied the Public Document Pack, ready to attend the meeting at Congleton Town Hall on 05 October.

Thank you for meeting me. Your help has been most valuable..

Charlotte

 ************************

In case anyone - having read the emails above - should at this point feel sorry for the well paid officers of Cheshire East, perhaps you might remember that this took a considerable amount of my time, for which no-one is paying me. Yet there is legislation which attempts to ensure openness on the part of Local Authorities. That legislation seems to fail here, just as much as it does in other circles. 
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