Dear Wirral Metropolitan Borough Council,

Wirral Borough Council’s Financial Director Matthew Bennett recently stated in an email to me..

“The Council’s duty under the Local Government Act 1999 to consult with representatives of the persons appearing to the Council to have an interest in any area within which the Council carries out its functions”.

I meet the requirements outlined in the Local Government Act as a representative of my family business/organization, The Big Flower Shop of Birkenhead Market. Our group of tenants rents 8% of the floor space rented in the market, and we have a clear and evident interest within the areas where the Council carries out its functions. And yet, the Assistant Director of Regeneration Marcas Shaw continues to exclude me from meetings, consultations and engagements.

I would like to understand how the Chief Executive, Director of Finance and Director of Regeneration are ensuring that the Council's obligations under the Act are being met despite the decision to exclude me from all meetings, engagements, and consultations related to the future of Birkenhead Market. I kindly request copies of any internal emails and documents pertaining to this decision. This is a Freedom of Information Request.

Yours faithfully,

Erebus Smith AKA Alan Featherstone

For the attention of anyone reading this on the WhadDoTheyKnow platform.
Wirral Borough Council sent me the following message in relation to this Information Request via private email…

Dear Mr Featherstone

We acknowledge your contact below that has been forwarded from Wirral Council’s Chief Executive.

We can confirm your four requests below, that we have additionally received from the WDTK platform, have now been logged, please find references as follows.
Wirral Council aims to respond within 20 working days*

FOI/CRM 1689386 :

Hi Lynette,
Many thanks for your speedy response,15 working days is exemplary, please pass on my kindest regards to the whole crew.

Unfortunately, I find myself writing to you requesting you launch yet another internal review. But to assist you as you as you embark on your endeavours I’ve added the complaint related to this particular FOI. Hopefully it’ll help you navigate the circumstances behind my FOI.
Don’t worry about me getting locked in brig for circumnavigating WhatDoTheyKnow house rules, I’ve already launched the complaint via the Corporate Complaints address and I’m not perusing the complaint aboard their site.

Let’s hope I don’t fall afoul of “house rules” and that all hands aboard the Service Area comply with the Information Commissioner’s Guidelines.
Fingers crossed,
Cheers
Alan

Dear Corporate Complaints Team,
I hope this message finds you all well. Following on from a Freedom of Information response I received 5 August from Lynette over in the Information Management boat I would like to lodge the following complaints.
https://www.whatdotheyknow.com/request/c...

Complaint One: Mr Marcus Shaw Asset Manager has excluded me from Market Trader representative meetings and has not respond to my emails concerning my exclusion. See emails below.

Complaint Two: Mr Satoor, Mr Bennett & Mr Cole have all been made aware of this situation and according to the Freedom of Information response have done absolutely nothing to investigate or rectify matteres. They appear to have done no investigations, sent no emails and generated no reports. Their inaction is tantamount to condoning Mr Shaws actions and may well constitute Misconduct in Public Office.

I ask that this complaint along with others is forwarded to the Local Government Association with a request that they conduct a Corporate Peer Challenge to review the actions of Senior Officers. I ask that you confirm that this is done when you send me the complaint reference numbers and if you’re not sending everything to the LGA I request your written reasoning.

Original Information Request 15-7-24

Wirral Borough Council’s Financial Director Matthew Bennett recently stated in an email to me..

The Council’s duty under the Local Government Act 1999 to consult with representatives of the persons appearing to the Council to have an interest in any area within which the Council carries out its functions.

I meet the requirements outlined in the Local Government Act as a representative of my family business/organisation, The Big Flower Shop of Birkenhead Market. Our group of tenants rents 8% of the floor space rented in the market, and we have a clear and evident interest within the areas where the Council carries out its functions. And yet, the Assistant Director of Regeneration Marcas Shaw continues to exclude me from meetings, consultations and engagements.

I would like to understand how the Chief Executive, Director of Finance and Director of Regeneration are ensuring that the Council's obligations under the Act are being met despite the decision to exclude me from all meetings, engagements, and consultations related to the future of Birkenhead Market. I kindly request copies of any internal emails and documents pertaining to this decision. This is a Freedom of Information Request.

Council FOI Response 5-8-24
Further to your request for information dated 15 July 2024, we have checked our records and made enquiries with the appropriate services and can confirm that there has been no decision to exclude you from meetings, engagements, consultation on the Market. We hold no recorded information in response to your request.

26-1-24 AF WROTE
Dear Mr. Shaw,
I am writing to you to express my concern regarding my exclusion from the meeting between yourself and the representatives of Birkenhead Market Tenants on 25 January. I represent three tenants who occupy 8% of the rented area in Birkenhead Market, and I had expressed our desire that I attend the meeting in my previous message to you.

When I arrived at the meeting venue, I was denied entry by Mr. Langer who stated that you had instructed him to exclude me. I was surprised by this as you had not informed me of any such decision. I strongly believe that barring me from the meeting goes against Wirral Borough Council's Code of Corporate Governance's fundamental principle of promoting transparency and engaging with stakeholders effectively.

I would like to understand why I was not invited to the meeting and would appreciate an explanation of your decision to exclude me. Furthermore, I request that you confirm I will be invited to all future meetings between Officers and trader representatives.

Additionally, I want to make it clear that we are not in any way associated with the market traders association, and they do not represent us. Your exclusion of me from the meeting leaves us with an unacceptable information gap. Thus, I require that you provide me with the copies of the meeting minutes and all the documents shared with the trader representatives. This is a necessary step to ensure that we, as stakeholders, remain well-informed and actively involved.

16-3-24 AF wrote to Mr. Bennett & Mr Satoor
I am following up on my previous email and would like to know if you are investigating the issue I raised. I recently found out that Assistant Director of Regeneration and Place, Mr. Shaw, held another meeting with some market trader representatives without including me. As a major stakeholder, this exclusion is not acceptable since my family business rents 8% of tenanted stall space in Birkenhead Market. Additionally, I have been denied a copy of the minutes from the first meeting.

5-4-24 Matthew Bennett wrote.
Dear Mr. Featherstone,
I just wanted to update you on progress in relation to your questions. I am awaiting some information from colleagues which has been delayed due to absences over the Easter period. I am on leave next week but expect to be in a position to provide you with a response in the week that I return.

23-4-24 I wrote to Marc Cole
Hello Mr Cole,
I hope this message finds you well and welcome to The Wirral, I would like to wish you all the best in your role as Interim Director of Regeneration. I apologse for reaching out to you so soon after you were appointed, but there is a pressing matter that I feel needs urgent attention.

My family business is located at Birkenhead Market and we rent 8% of the tenanted stall space, making us a significant stakeholder. We are not represented by the Birkenhead Market Tenants Association, and we have not been consulted about the future market plans. Moreover, I have been excluded from several meetings between Council Officers and trader representatives.

I have recently discovered that Mr Shaw, the Assistant Director of Regeneration, has organised another meeting with market traders' representatives for Thursday, April 25th, without inviting me. I would appreciate it if you could ensure that I receive an invitation to this important meeting, along with the minutes from the previous meeting that I was also excluded from.

21-5-24 Mark Cole wrote to AF
Dear Mr Featherstone,
I note your concerns on meeting attendance – for the sake of clarity, the Council meets with the newly formed BMTA committee on a monthly basis, and it was agreed that this meeting’s membership would be that of Council officers and the committee only.

Council FOI Response 5-8-24
Further to your request for information dated 15 July 2024, we have checked our records and made enquiries with the appropriate services and can confirm that there has been no decision to exclude you from meetings, engagements, consultation on the Market. We hold no recorded information in response to your request.

To avoid any confusion….

I ask that this complaint along with others is forwarded to the Local Government Association with a request that they conduct a Corporate Peer Challenge to review the actions of Senior Officers. I ask that you confirm that this is done when you send me the complaint reference numbers and if you’re not sending everything to the LGA I request your written reasoning.

Complaint One: Mr Marcus Shaw Asset Manager has excluded me from Market Trader representative meetings and has not respond to my emails concerning my exclusion. See emails below.

Complaint Two: Mr Satoor, Mr Bennett & Mr Cole have all been made aware of this situation and according to the Freedom of Information response have done absolutely nothing to investigate or rectify matteres. They appear to have done no investigations, sent no emails and generated no reports. Their inaction is tantamount to condoning Mr Shaws actions and may well constitute Misconduct in Public Office.

I ask that this complaint along with others is forwarded to the Local Government Association with a request that they conduct a Corporate Peer Challenge to review the actions of Senior Officers. I ask that you confirm that this is done when you send me the complaint reference numbers and if you’re not sending everything to the LGA I request your written reasoning.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Erebus Smith AKA Alan Featherstone