The Blind Leading The Blindfolded

blind_followers

We are grateful, once again , for the following submission from another of our regular followers and contributors , Mr Nigel ‘Highbrow’ Hobro.

Hobro brings his forensic eye to Wirral Council’s  failings in relation to funding which they were responsible for administering. What Hobro dissects may be esoteric to some but the failings he identifies will be familiar to Wirral Leaks readers – a failure of due diligence , a failure of openness and transparency , a failure of accountability and , damn it, a failure to do things ‘properly’ – and all in the name of reputation management (and no doubt other base motives) . We invite you to open your eyes before they take us all over the precipice:

The public are blinded as to the workings within Wirral Borough Council as the corporation seeks to keep its failings from open view. The issue regarding ISUS and BIG seems hackneyed except if one considers that the revelations have deliberately been kept in deep-freeze by the Council Leader and by top officers. They are as new as the date of release of data, usually forced by the Information Commissioner’s Office (ICO) under threat of contempt of court. Certainly I asked for the names of companies in receipt of BIG funding that were liquidated as early as 2013, to be refused, even though liquidated companies have no protection under the Data Protection Act. The latter was conclusively attested to in summer last year with a ruling from the ICO, and most surely had been known all along by the Council’s monitoring Officer, Mr Surjit Tour.

Those who have been blind seem reluctant to accept criticism from the illuminati despite thin vows of transparency and of accountability. When Grant Thornton reported on the multi-fold failings in the BIG process vis -a -vis 6 files nevertheless despite a disclaimer from Grant Thornton of the Councils italicized statement, the Council claimed no wrong-doing and pointed out that only Lockwood Engineering had gone bust. On forced release of the Executive Summary re BIG in July 2013 the Leader of the Council issued a press release stating the success of the program and that of all Big fund recipients (sic) only one had gone bust. Yet time and erosion of the whitewash reveal that in fact two companies further had entered into liquidation with connexions to the Leader even at that early date. The council chief executive blatantly lied on 8th October 2014 saying only three were bust whereas the true total was eleven by then. I am not sure that Braille can distinguish between entering liquidation and finally being liquidated though these blinders did insist on a difference that to all intents and purposes is valueless. When the sexton prepares the grave there are very few lazarus’ indeed.

I do claim that the BIG process was so flawed in its arrangements that it opened a clear vista for fraud. Due diligence would not involve a coach and blinkered horses being driven through the benevolent intentions of the grants.

Last week I received data re Corrin Kenny Limited a company that received £13,250 of BIG money sometime soon after 4th May 2011 when Councillor Andrew Hodgson approved the award. The file given me contained no accounts later than 31st March 2010 which represents a poor basis indeed for processing future projections.

The friar Pacioli who invented double entry intended that all debits and credits equate to zero otherwise his system collapses applying to historic and equally to projected accounts. Due diligence compelled me to reconstruct from the entries in the projections an opening Balance Sheet. It proved impossible to do leaving a creditor of £7,000 which clearly had not been run through the projected cash flow. Surely any business applying for £20,000 of free money should at the very least offer up a clear set of projections, and any civil servant intending to give out public money should expect a clear Business Plan budget. Without the budget being sound the reins of the coach are fraying.
BLIND, Wilfully blind or just complaisant officers?

The officer who produced a short page of recommendations for the “Independent Panel” to consider was a Mr Stone of the Regeneration Department. He did not look for a balanced model ( in Cashflows that do not balance as to Cash flow, Profit and Loss and Balance Sheet one can always find errors that invalidate the proposal) and did not remark on the £26,600 cost that was not included in the Total for Cost of Sales. This was plain as a pikestaff for any but the purblind. I imagine therefore that Mr Stone did not attempt to analyse the formulae within the Excel model-I did, unpaid!, and with my having to reconstitute the Excel from a Adobe Acrobat file. I observed with my clear vision that, to check the validity of the assumptions, I would need to recreate the file. If I had been paid it would have been 2 hours of WBC time . Mr Stone may have had the benefit of the original Excel file in which case half an hours work would have sufficed. They have eyes to see but do not wish to see!

Mr Stone or Gemma Henry had access to a reporting suite from Companies House. They might have discovered that the Company Secretary whose name headed the application was involved already with seven companies of which three at that contemporaneous time were entered into the London Gazette to be dissolved. This was not a chequered flag to go ahead with the grant but a chequered past to prompt more questions.

I checked the full accounts for March 2010 and noted from a minds eye memory going back 6 years that the requirement to produce accounts not less than 6 months old had not been enforced, or perhaps in April 2011 the officers did not see that accounts to 31st March 2010 were more than a year old. I noted as a kestrel hovering at several hundred feet the balance of Other Debtors at £52,989 and wondered if Ms Gemma Henry quartered in Invest Wirral’s offices in Egerton House asked of Mr Kenny, giving his address as Egerton House, of what that was composed. Could it be an illegal Directors Current account because it most definitely was not a Trade Debtor, and if it were that, then what business has WBC advancing money to a company that was already sitting on an unrecognised liability of up to £30,000 of PAYE/NI? I began to see into the future (see below.)

COACH AND HORSES

Then to the Minutes of the Meeting at 9:30am of 21st April 2011 (with next meeting at foot of page for 27th May 2010(sic)) attended by the blind Invest Wirral who blind-folded the independents from Business Link and from the Federation of Small Business by, per Grant Thornton, giving them no accounts, and just the précis by Mr Stone, Finance Manager. The précis ran to just 320 words which recommended that only £20,000 would do the job. After a discussion “in great detail” all voted save one independent to award the grant. Dissension was met by the compromise of awarding just £13,250 even though Mr Stone had written only £20,000 would do. Blind, blind, blind or perhaps the diligence drivers ( an 18th century coach) whipping through what they could for an individual close indeed to the Regeneration Manager, Mr Kevin Adderley.

All seemed unconcerned that the award would be the same contravention of rules as was the award – that never should have been given per Grant Thornton-to The Edge magazine of Lets Go Publishing ltd. Both sought to advertise in the Wirral just as had Thinklocal and indeed Wirral View in direct competition with non-funded newspapers. The blindfolded independents would not know only the wilfully blind officers knew.

THAT WHICH WAS VISIBLE TO THE DISCERNING EYE THEN AND CAME TO PASS

Hindsight reveals that far from Corrin Kenny having £93,266 reserves in March 2012, by July 2013 the Liquidator reported a deficiency of (£75,000 ) which for four years he has been trying to recoup from the director who had had an overdrawn current account (see above and £52,000).

HM Tax Inspectorate began calling in its debt in March 2012 .The officers did not see at March 2010 that the debt to Taxes had been £40,481. The did nt see the warnings from the filings at Companies House where the figures quoted as prior year balance sheet in the 31st March 2010 accounts were different from the 2009 Balance sheet as filed. It is the business of Local Authorities to ensure before parting with our taxes that the grantees have paid their dues and observe laws and regulations and not to encourage tax defaulters! The debt to the Revenue finally was recognised as being £70,646 and the Liquidator (see above) noted the debt owed by the director to the company. To this date the Liquidation is open five years later as the Revenue seek to enforce the debt. So the ‘diligence’ reached the river and unloaded £13,250 of tax-payers money to sail down the Swanee to the accompaniment of the blind harmonica players from the Council.

OBFUSCATION AFTER THE EVENT

What we can see is that Mr P Davies Councillor was not anxious that these details be released on Corrin Kenny Ltd since he did accompany Mr B Kenny on trade missions to the Isle of Man and, though I have not seen the photograph, allegedly to Reno. I guess the sad story of New Concept Gaming Ltd, some £845,000 of public money including some BIG, going down the same river was another musical score that the blind players did not want you to read. Of “all BIG recipients” these two were certainly in liquidation when Mr P Davies issued his press release in July 2013.

SOURCES
The sources for my article are Companies House, data which is now free and at the time would only have cost Invest Wirral a maximum of £5 to see; and What do they know.com at https://www.whatdotheyknow.com/request/corrin_kenny_ltd_big_fund_award?nocache=incoming-948560#incoming-948560

The Maxwellisation of Wirral Council

Robert Maxwell

Never underestimate the hypocrisy of the powerful.

There were many resonances for us at Leaky Towers when we heard about the frustration of families concerned about the further delay in publishing The Chilcot Inquiry report.

Roger Bacon, whose son Major Matthew Bacon was killed in Iraq in 2005, said he was “disappointed” Sir John Chilcot has not revealed when he will publish the Iraq report, adding: “If he was in our shoes, he might well take a different view on what is going on. This process of Maxwellisation is just too much. It seems to go on and on and on. The fact he is still waiting for responses means there will be further delays.”

http://www.independent.co.uk/news/uk/home-news/chilcot-inquiry-lawyers-give-sir-john-5pm-deadline-to-announce-report-publication-date-or-warn-hell-face-legal-action-10472926.html

The process of frustration,delay and kowtowing to the powerful is oh so familiar to us when it comes to Wirral Council investigations , especially when it comes to senior council officials potentially being criticised. Therefore we were particularly interested to find out that  “Maxwellisation” is a procedure in current British legal practice where individuals due to be criticised in an official report are sent details of the criticism in advance and permitted to respond prior to publication.

The process takes its name from the corrupt newspaper magnate Robert Maxwell. Maxwell was once criticised in a government report as “unfit to hold the stewardship of a public company”. Maxwell  – a man so shameless and hardfaced  he is clearly a role model for some of our local politicians  – took the matter to court where the government was said by the judge to have “virtually committed the business murder” of  poor pension-snatcher Maxwell.

Consequently official policy was altered to ensure prior notice would be given of critical findings in advance and relevant witnesses are shown the specific extracts of reports relating to them.Accordingly “Maxwellisation” will now enter the Leaky Towers lexicon to sit alongside “Machiavellian” when it comes to describing how Wirral Council conducts its business .

Maxwellisation can be said to be a feature of all the recent council investigations which seem to us to be  part of the process of ensuring that no-one is ever held accountable for failings – no matter how serious or damning they may be.

Maxwellisation becomes a means of damage limitation where the process of delay allows issues to be dismissed as historic and the watering down of words lessens the impact of the findings.

Nowhere is this more apparent than the BIG/ISUS dodgy contract debacle – yes that’s still going on folks – as the whistleblowers valiantly attempt to get the full story of what went on into the public domain.

Maxwellisation can also be said to be a feature of a startling series of Freedom of Information requests detailed on the Wirral Council section on What Do They Know website.The FOI requests are eye-watering mainly because of the fact that it makes a grown man want to cry in frustration at Wirral Council’s increasingly long list of legal exemptions.

Reasons for rejecting requests run the gamut from compromising “full and frank discussion” to “vexatious” to “can’t be arsed” .

Once more we we want to get Wirral Council by the collective scruff of the neck and say “what the bloody hell is up with you people?”  – but then that’s what should have happened in 2012 and the local government commissioners should have been sent in – but it seems to us that Frank whispered in Eric’s ear and that was the end of that !.

So much for the much lauded transformational change that Wirral Council leaders keep bleating on about.Seems to us that the only transformation that has gone on recently is that Deputy Leader of the Council George Davies has gone from a comb-over to a comb-forward.

George Comb Forward