Council Now Seek Legal Advice Over School Transport Legislation

A couple of hours after VB ran an article about Chris Whitehouse’s claims that the council had failed to provide legally required documents in relation to the consultation on discretionary concessionary fares to faith schools, Chris received a reply from Roger Edwardson, Head of Learning & Achievement at the Isle of Wight council.

keyboardIn the emailed response, Mr Edwardson revealed that he is now taking legal advice to ensure the council fully comply with the previous Government’s legislation.

Once again, he points Mr Whitehouse to the “A Sustainable Travel to School Strategy” document, but as set out in previous correspondence, this is not the documentation Mr Whitehouse is seeking.

Chris kindly copied VB in on the correspondence in order that we can share it with you, dear readers.

Dear Mr Edwardson,

Whilst I thank you for finally responding, I fear you are either deliberately or unintentionally missing the point.

The document to which you provide a link simply cannot meet your statutory requirements because it admits in the section which I have already referenced (Page 10, Section A4) that it does not meet the statutory requirement, stating:

“there was insufficient time to carry out the full consultation, assessment and audit required. This document therefore represents the first stage of the Strategy; the delivery programme, Phase 2, will be developed following the fuller consultation process, assessment and audit.”

Where is that fuller consultation process, assessment and audit? If it exists, please send it to me. If it does not, then you are in breach of your statutory obligations (as you were in any event in 2007 for failing to meet the August 2007 deadline as admitted by the section above!).

Where are the annual updates of that strategy which are required to be placed on your web site by 31st August each year?

Where is the required statutory reference which I have been seeking guidance upon now for many weeks in the Children and Young People’s Plan? (whilst the document you cite is mentioned in one of the volumes, since that document does not meet your statutory requirements, the reference cannot do so either).

That you are now considering wasting local council-tax-payers’ money on a legal opinion on these matters when the documentation is so clearly flawed in terms of your statutory obligations is frankly outrageously profligate.

Again, I remind you, these requirements are cited in the appropriate Guidance Notes (Home to School Travel and Transport Guidance issued in 2007) as follows:

Publication of Sustainable Modes of Travel Strategy
42. The Education (School Information) (England)
Regulations 2002, amended with effect from 1st June 2007, require local authorities to publish their Sustainable Modes of Travel Strategy on their web-site by 31 August each year.

I find it bizarre that in your email of 16th May (below) you indicated you had no recollection of ever being asked to produce such a Strategy when it is a statutory requirement that you do so, and you are paid, forgive me for mentioning it, a staggering £117K pa fee (Freedom of Information Act request for copies of the documentation relating to this contract with Roger Edwardson Education Services Ltd remains outstanding) to be an expert on these issues.

When can I, as requested below, expect a response from Cllr Pugh to my detailed note of 16th May (attached yet again for ease of reference) detailing a whole series of irregularities, errors, omissions and other flaws in your consultation process?

When can Mr David Lisseter, the Chairman of the Governing Body of Christ the King College, also expect a response to his own letter to Cllr Pugh, also of 16th May, (attached to my own email of 16th May, and hence reattached for ease of reference) in which he highlights the flawed statistical, financial and other assumptions upon which your policy options have been precariously based?

If there is something unreasonable or discourteous in the way I have phrased these requests, then please do point it out and I shall happily represent my request, but if there is not, then why can you not simply give a straight answer to a series of straight questions?

These are not minor or irrelevant points, they are fundamental to the way in which this deeply flawed consultation has been conducted since the outset.

What is at stake is not just the ability of struggling families unable to afford the fares you are proposing to impose, but the very sustainability of faith education across the Island, and it merits a more professional response than that delivered to date from the officers of the Council. Schools will close as a result of your proposals, and yet this is not even mentioned in your consultation documentation.

I look forward to hearing from you, hopefully with a straightforward series of answers to the above and attached points without further delay.

With kind regards and all good wishes.

Chris Whitehouse

Image: The Real David Francis under CC BY 2.0

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Loo Loo
9, June 2011 6:03 pm

Is Roger Edwardson another director on a salary of £100.000 a year?

steve s
Reply to  Loo Loo
9, June 2011 6:45 pm

There’s a clue in the article. ;-)

Mike Starke
9, June 2011 6:29 pm

No. It seems Mr Edwardson is not a director but another outsourced contractor, like Dave Burbage Consulting Ltd, the “director” of resources, where we used to have a County Treasurer in the dear dead days of a local authority that was dedicated to serving its community. I gather Mr Edwardson is a commuter from Geordie land. Whay-hey, as they say up there. Toon for ever, Newcastle Broons… Read more »

Loo Loo
Reply to  Mike Starke
9, June 2011 6:36 pm

I wonder how many of these outsourced contractors the IOW Council employ and how much it costs to pay their annual wage bill?

retired hack
Reply to  Mike Starke
9, June 2011 7:14 pm

He is paid an expenses allowance to commute.

keithybaby
10, June 2011 7:29 am

Great to see someone pursuing the Council to ensure they keep to statutory obligations.

John R
Reply to  keithybaby
10, June 2011 10:52 am

Good on you Chris, great effort, don’t back down just keep pushing for answers and proof, if they have any.
The council don’t like being pushed into a corner with what appears to be an attempt to bulldoze something through with their own version of the rules.
Good luck.

daveq
10, June 2011 8:10 am

Yet another case of the IWC doing its “own thing” regardless of the rules that cover the subject. They do as they please and then tell everybody that they “are doing our statutory duty” What a load of c**p!!!

Paul Miller
10, June 2011 9:03 am

“Roger Edwardson Education Services Ltd”?

I think I have the answer to this. They use using ‘councilbots’ instead of real people to write the letters.

Asite2c
10, June 2011 10:31 am

If the IOW Council need to pay huge amounts of council tax payers money to unelected outsourcing consultants to advise them on local issues and policies, then it proves the Tory leaders are incompetant and unable to work out local policies themselves.

daveq
Reply to  Asite2c
10, June 2011 4:40 pm

never mind, lets get rid of the commuting outsource people, if its sorting out local policies for our grade 2star council, I’m sure that there are many Islanders who could and would do a better job for a far lower fee than the IWC are paying this lot?

mark francis
10, June 2011 1:25 pm

I still cannot believe that these god-botherers are so totally feckless that they they will not pay their own childrens’ bus fare to school!
Perhaps the churches should pay if they want. What next? A compulsory tax to pay for a new incense burner?

Media watcher
10, June 2011 6:29 pm

It wouldn’t be so bad if these short term NI dodging ‘contractors’ knew what they were doing. Sadly, despite the astronomic payments received, they often need to pay more of our tax money to get ‘expert’ advice.

All quite laughable, if it were not so unbelievably wasteful.

zoiner
Reply to  Media watcher
10, June 2011 8:59 pm

If these people provide professional advice they should also have professional indemnity insurance to cover their mistakes. It would be interesting to know if they have such cover. If they don’t the council is pouring its cash into their greedy maws without any chance of recovery. If the advice given the Council is incompetent, then it is entitled to sue to get its money back and cover… Read more »

retarded
21, June 2011 12:59 pm

y may comments would not get approval…is it just a matter of writing good things..some critics must also be involved.No 100 % like you