Dodgy Dudley – Revisted

I followed-up my last post about Dudley by making a FOI request asking for details of how and why the decision had been made to award the contract to GLL despite all the evidence pointing to an agreement for a staff led mutual.

For those not familiar with local authority decision making and the somewhat byzantine complexity of council procedures, there are some, very critical committees through which the majority of decisions have to make their way. Two of the most important are Cabinet and Scrutiny so my request was to supply information and links to those committees that had decided or approved the awarding of the contract without any apparent further consultation.

Despite some obvious delaying tactics I finally received a reply claiming that disclosure of some of the information was not in the public interest. This relates to information under Section 43 (2) of the Freedom of Information Act and the related procurement exercise.

This was followed by rather unhelpful links to committee documents between April and September 2016. Unfortunately, rather than provide any clarity what the documents show is the progress of approval for a staff mutual. The outcome of the September meeting did nothing to alter the process or change the agreed method of procurement. Rather, the documents back-up the 3 month statutory consultation which clearly states a plan to create a staff led mutual. 

However, between September Cabinet and the subsequent announcement to award the contract to GLL in February 2017 there appears to have been a decision made to completely ignore the agreed plan. A decision so secret that Dudley Council is unwilling to share how it was made and by whom.

Now add to this is a reply from Councillor Harley to a local resident indicating that the decision was subject to the appropriate scrutiny procedures and that the process has ‘gone too far and cannot be reversed’.

Dear…

 The decision to use a company that has been set up as a mutual (not for profit) to operate the Borough’s libraries for the next 5 years is a good decision. They have a good track record on running libraries in other parts of the country.
 
The decision to award the contract has now gone too far and cannot be reversed having been through the relevant scrutiny processes. The tender by the successful company was far superior to that of the one put forward by employees and officers of the council.
 
They have given assurances that Libraries will not close and that staff will not be made redundant. In fact one of the determining factors of awarding them the contract was the proposal to review opening hours and where they can justify it extend opening hours.
 
Therefore based on this and the fact that under the control of the council the service would have diminished i fully support the decision to award them the contract. The library service will be protected and hopefully improved as a result of this measure.
 
If you require any more information please get in touch.
 
Regards
Cllr Harley

 

This is in contrast to the reply I received from the Council’s FOI Officer saying the process was still underway!

The main point being, if the usual scrutiny process has been followed, then the details of the particular committee should be publicly available.
Every public authority is required to publish certain information, in keeping with the Information Commissioner’s Model Publication Scheme and as a general rule, a council should publish the following on a routine basis:
  • minutes and agendas of public meetings;

  • documents it is required to make public by other legislation, such as the Local Government Act 1972; 

  • minutes of senior-level policy and strategy meetings, eg board meetings; and 

  • any background documents which are referred to in the agenda or minutes, or were circulated in preparation for the meeting. These are considered part of the agenda.

Therefore, the relevant agendas and minutes including briefing/decision notes should already be in the public sphere.

Looking at Dudley Council’s constitution, decisions that require the approval of Cabinet can be made by a Lead Member in consultation with the appropriate Director, which tends to be standard practice in local authorities. This leads to a ‘Decision Sheet’, which in the words of DBC is one mechanism of the Council’s formal process ensuring transparency and robustness in decision making.

Once the decision sheet has been approved it should be available on the Council’s Decision Database. There appears to be no such decision available on the database regarding the award to GLL.

The Freedom of Information Act makes clear clear that the public interest is served where access to the information sought will:

  • Further the understanding of, and participation in the debate of issues of the day
  • Facilitate the accountability and transparency of public authorities for decisions taken by them
  • Facilitate accountability and transparency in the spending of public money
  • Allow individuals to understand decisions made by public authorities affecting their lives and, in some cases, assist individuals in challenging those decisions

Unfortunately, there appears only lip service being paid in Dudley to such principles and the dodgy decision making continues apace to dupe the public and renege on promises made to the hardworking, dedicated library staff.