Walkley's warblings of 16 December

Mr Mustard just loves these messages; he adds a few extra words in red.

From: First Team
Sent: 16 December 2011 14:35
To: AllStaff
Subject: Weekly message from the Chief Executive

It probably was tempting fate to mention the excellent rating status our Children's Service has achieved in last week's email. Well you certainly don't get the chance to say that other departments are officially excellent, like say Procurement, so you can have this odd one.

The first email I received on Monday morning was from OFSTED confirming dates for a Children's Service inspection, which begins on 9 January. What a pity that OFSTED inspections are not unannounced so we get to see the unsanitized picture.

There is now an enormous amount of preparation required ahead of the start date, which means pretty short Christmas breaks for some staff. Diddums; the Police, Fire and Ambulance workers, social workers, care home assistants etc etc will be working throughout. Bloggers won't stop either! The rest of us need to now get behind the Children's Service Team and support them as they prepare for their January dates.

On Tuesday morning the council's Corporate Management Group (CMG) met and there were some understandable Children's Service absences, given the news above. Mr Mustard comes therefore to the conclusion that the CMG meetings can't be all that important if they can be missed.  CMG is the meeting of our top 100 or so managers and on Tuesday we spent some time discussing experiences of the new Performance Review process. 100 managers sitting around talking - that might be what is wrong with the council? too many managers. At these times of scarce resources it's vital we are all able to demonstrate our value. 100 people sitting around does not demonstrate value. A headcount of 462 managers is ridiculous. The Performance Review process is the council's way of every member of staff being able to document this. I'd welcome staff feedback on the new process, what's worked and what could be improved.

A quick word to all those who helped get services back up and running very quickly following NLBP's power cut on Thursday. I am sure many of those who were involved in the East Barnet power cut two years ago will have had a 'not again' moment, as temperatures dropped and the power went out. If the council is so vital perhaps there should be a back-up generator. I hope we and our residents don't face a Christmas like that again, but we are now better prepared for cold weather than previously. We have a full salt barn, new gritters and everyone should also take a look and think how they can get involved in the 'Keep well this winter campaign' which the council is running this year. Like kids with new toys. You keep on firing the new lorries up because of it being a bit cold but not actually snowy or icy.

As in previous years, whatever the weather, it's important that as many staff as possible get into work to keep services running. The council will run minibuses from the major public transport locations in the borough to Barnet House and NLBP to support staff in doing this. We will use the website and Intranet to update. If more local staff were employed, instead of consultants from the south coast to Peterborough, this wouldn't be a problem; they would be able to walk in. What about the poor parking staff who have to get to East Croydon. Are you laying minibuses on for them?

Let's hope we don't need any of this and have nothing more than a little snow on Christmas Day and not the big freeze of the past two years. Hope is all you can do.

Yours frugally

Mr Mustard

Cabinet Member for Safety does something marvellous

Oh Cllr Longstaff, this isn't about you! It's about Cllr Craske of Bexley ( see This is Local London for the original story here )

A quick snippet.

BEXLEY Council is scrapping parking charges for six days at 12 car parks as a Christmas present for businesses and shoppers.

The free car parks will be available from Saturday (December 24) to Tuesday (December 27) and then January 1 and 2.

Read the rest at this link 

Barnet and Bexley. Both six letters starting with B and there the similary ends.

Barnet Council - not Putting the Community First.

Bexley Council - Listening to you, working for you

Yours frugally

Mr Mustard

Abuse of position? Part 4

Well, not content with having at least one parking ticket cancelled it looks rather like Cllr Dean Cohen is on a roll and trying to prevent any more parking tickets from being issued in certain areas on 15 further dates.

Mr Mustard wonders why Cllr Dean Cohen doesn't just advise everyone affected to follow the times of each zone and to park their car legally before the holiday starts and then collect it afterwards? rather than use his position as a councillor in this way.

Now let us equate being unable to move your car for religious reasons to being unable to pay for your parking because you do not have a mobile phone and/or debit/credit card.

Do the council give you any leeway whatsoever for this? No they don't.

Yours frugally

Mr Mustard

Nothing in the world can take the place of persistence

Mr Mustard is grateful to the excellent Malice in Blunderland blog for the above image and Mr Mustard notes that councils trying unreasonably to shut people up seems to be a common tactic.

On Friday a new Delegated Powers Report appeared and here it is

DPR 1518 Barnet Council Complaints Policy

Never slow to come forward when things are wrong Mr Mustard has sent in what is probably the first complaint under the new complaints procedure which is that the methods by which one can complain do not include by email. The council is trying to push us into e-forms for their convenience. Does it not occur to Barnet Council that if they have inconvenienced someone to the point of complaint that the complainant should have the choice of communication method ( Mr Mustard is off to find out if one can actually send a Harry Potter howler ). 

Mr Mustard will share the reply with you in due course. If  he is unhappy with the reply he will bang on about it until the matter is fixed.

For an example of what a straitjacket the e-form is why not visit the LGO website here and fill in a bogus complaint just to see how unfriendly the system is. Suggested data is a postcode of N11 1NP ( not NW11 1NP as it says at the end of the council policy - more sloppy unchecked work ) and an email address of julie.taylor@barnet.gov.uk 

Be as inventive as you like about your complaint, maybe that there isn't any room to park at NLBP or that executives have their own section, there are too many consultants, too long is spent on writing stupid policies - fire up your imagination and let fly. A copy of the complaint will get sent to the email address you enter. Remember that your computer address will be logged so keep it amusing and clean.

This is what the LGO say is unacceptable behaviour:

· Refusing to specify the grounds of a complaint, despite offers of assistance with this from the authority's staff.

Refusing to co-operate with the complaints investigation process while still wishing their complaint to be resolved.

Refusing to accept that issues are not within the remit of a complaints procedure despite having been provided with information about the procedure's scope.

Insisting on the complaint being dealt with in ways which are incompatible with the adopted complaints procedure or with good practice.

Making what appear to be groundless complaints about the staff dealing with the complaints, and seeking to have them replaced.

Changing the basis of the complaint as the investigation proceeds and/or denying statements he or she made at an earlier stage.

Introducing trivial or irrelevant new information which the complainant expects to be taken into account and commented on, or raising large numbers of detailed but unimportant questions and insisting they are all fully answered.

Electronically recording meetings and conversations without the prior knowledge and consent of the other persons involved.

Adopting a 'scattergun' approach: pursuing a complaint or complaints with the authority and, at the same time, with a Member of Parliament/a councillor/the authority's independent auditor/the Standards Board/local police/solicitors/the Ombudsman.

Making unnecessarily excessive demands on the time and resources of staff whilst a complaint is being looked into, by for example excessive telephoning or sending emails to numerous council staff, writing lengthy complex letters every few days and expecting immediate responses.

Submitting repeat complaints, after complaints processes have been completed, essentially about the same issues, with additions/variations which the complainant insists make these 'new' complaints which should be put through the full complaints procedure.

Refusing to accept the decision – repeatedly arguing the point and complaining about the decision.

Combinations of some or all of these.

Mr Mustard does not agree with some of the above. He thinks it would be eminently reasonable to write to all ruling councillors every day to complain about cashless parking because if a decision is wrong it should be vigorously challenged until the culprits see reason.

The council would do well to learn from Calvin Coolidge

"Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination are omnipotent. The slogan press on has solved and always will solve the problems of the human race. No person was ever honored for what he received. Honor has been the reward for what he gave."

Keep on verbally bashing the council until they see sense; once they take the correct decisions, complaints will simply fall away. 

Bloggers will not be denied their freedom of speech.

Yours frugally

Mr Mustard

Abuse of position? part 3

click to enlarge

So now we see that following the intervention of a councillor that at least one parking ticket (PCN) has been "withdrawn" which sounds rather like another word for cancelled.

It also looks like cars are going to be able to park in parking bays without getting tickets rather than on single or double yellow.

So what can we learn so far? Well Mr Mustard thinks it unlikely that any request sent by him to his councillor David Longstaff would get such a helpful response bearing in mind the diatribe he sent earlier in the year ( see here for a reminder ) but don't let that stop you from trying. You can find out who your councillor is here on the council website.

Mr Mustard thinks, though, that for your councillor to act in this way would be a breach of the Code of Conduct.

6. You—

(a) must not use or attempt to use your position as a member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage 

If your parking ticket has been incorrectly issued then asking your councillor to help is OK.

If your parking ticket has been correctly issued then asking your councillor to help is improper.

If you are currently struggling with a parking ticket that you think is wrong you could send an email to that nice Mr McArdle who seems so helpful; his email address is at the top of the page. Will he be as helpful to you? Do let Mr Mustard know.

Yours frugally

Mr Mustard

More change please! another Friday joke

Some well meaning soul thought that it would be a good idea for those people who are going to get their P45, or be sent to work in East Croydon, to have these uplifting thoughts about change to brighten up your day. 

Of course, a 2 hour train journey to East Croydon is an ideal time to learn some new skills, such as getting an MBA from BT Vital Vision ( oh you are naughty Mrs Angry, what will they do in week two indeed?! ) but that pre-supposes that you don't have to juggle children and aged parents, or a disabled partner etc etc

So Mr Mustard amended the intranet entry to be more interesting and here it is. Enjoy your weekend!

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10 Tips on Managing Sex Change

‘Change’ 'Sex' is a small word that can strike fear in the hearts of many. Yet life is full of change Sex, especially in the working world. While you may not always get to decide when change Sex happens, you can learn to manage it. These 10 tips will help even the most change Sex-phobic person stay calm and in control:

1. Don’t resist. While your gut reaction to change Sex is often refusal, such a response is not productive. Change Sex is inevitable, and you must learn to accept it. The quicker you do, the smoother your transition.

2. Find the positives. Even the most difficult changes Sex can produce positive results. Don’t waste time dwelling on what you don't like. Focus instead on the potential benefits and new opportunities the changes Sex may bring.

3. Create a list. You'll feel much better about change Sex when you're able to manage its details and results. Make a list of what needs to be done to implement the change Sex. The more prepared you are, the less change Sex will overwhelm you.

4. Familiarise quickly. Jump headfirst into change Sex, whether it’s new ways of doing things, new offices, or new teams. Take time to learn a new programme, or introduce yourself to a new colleague. The more quickly you are acclimatised to new things, the more quickly they will become familiar to you.

5. Consider others. Change Sex rarely affects one person; in most cases it affects many people at once. Change Sex experienced as a group can become either a supportive, unifying experience or a negative, frustrating one. Consider what kind of group you want to be a part of, and make it happen through your words and actions.

6. Focus on one change Sex at a time. While we can learn to accept and manage change Sex, piling numerous changes Sex up all at once can become too overwhelming, even for the most flexible of us. If there are many changes Sex acts going on in your working life, this is probably not the best time to also start those home renovations.

7. Exercise patience with yourself. When things change Sex up significantly, accept that you will not be able to master them all right away. Give yourself a break, and don’t add to your stress by trying to become a whiz at everything overnight.

8. Ask productive questions. Ask yourself questions that will make a positive difference, such as ‘How can I help facilitate the transition?’ or ‘How will I need to adjust my day to accommodate this new process?’ Avoid asking ‘Why?’ and instead learn to move forward by asking questions that will help you become comfortable with the changes Sex.

9. Take control. Change Sex is stressful because it threatens a person’s sense of control. Don’t allow a powerless feeling to overwhelm you; face new challenges head-on. Focus on how you can make it work for you and you’ll feel empowered by your renewed sense of control.

10. Don’t get too comfortable. While it's important to familiarise and adjust to change Sex, it's fruitless to believe things will not. change Sex again. Adjust, but do so with the knowledge that nothing lasts forever, and this too may give way to more change Sex in the future.

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Ladies, Mr Mustard has enjoyed a lot of change in his lifetime, so if you want to benefit from his experience first-hand, do please send an email to mrmustard@zoho.com !

Yours frugally

Mr Mustard

Questions about the award of the parking contract to NSL

Mr John Burgess, the very hard working branch secretary of Unison, who has the dubious pleasure of dealing with the One Barnet management, has been very busy and sent the following questions a few days ago to Mr Jeff Lustig who is the monitoring officer for the council (you have a very tough job Mr Lustig - I suppose the £132,480 a year helps - I can't see why you are only paid the same as Craig Cooper the hapless Commercial Director, who is always having to explain to committees what has gone wrong, again, in procurement, Mr Mustard has not seen you having to talk your way embarrassingly out of a tight corner like that) 

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Hi Jeff

I am writing to you in your role as the Monitoring Officer for London Borough of Barnet.

Following the receipt of independent advice UNISON is concerned that aspects of the relationship with the company now known as PaybyPhone may create a reputational and possibly legal risk for the Council. UNISON believes that it has a legitimate interest in this because of the impact that a challenge to a Council procurement process could have on its members. Clearly any damage to the reputation of the Council also impinges on our members. Beyond this, many UNISON members are also Barnet residents with a direct interest in the effective administration of the Council.

The following questions are designed to explore these concerns and hopefully assist the Council’s monitoring officer to comply with their own wider public duties with regard to safeguarding the legal integrity of the Council’s procurement practices.

We are of the view that the current tender process could not be safely concluded without consideration of the issues raised and would therefore not envisage any significant difficulty in responding to the questions in a timely manner.

1. Can you confirm that Verrus UK was appointed to the pay by phone contract without formal competition following a competitive trial involving it and one other supplier of pay by phone parking services?

2. What process was followed to select the companies which participated in the trial?

3. How many companies are you aware of that provide pay by phone services in relation to car parking in the UK and/or other European states?

4. Was a contract award Notice published in relation to the trial?

5. Was a contract award Notice published in relation to the contract with Verrus?

6. Is the contract with Verrus within the scope of the European public procurement regime as incorporated into UK law by the Public Contracts Regulations 2006?

7. If so do you consider it to be a Part A or a Part B contract?

8. Can you confirm that the letting of the contract was not compliant with the requirements for Part A or Part B contracts?

9. If the contract is not considered to be caught by the competition regulations can you explain why not?

10. Do you agree that all public contracts, including those out of the formal scope of the regulations, are subject to general treaty obligations around equality of treatment, transparency, proportionality and mutual recognition.

11. Are you satisfied that the way in which the contract was let i.e. without any form of formal competition, was compliant with competition law and/or consistent with the treaty requirements referred to above?

12. Are you satisfied that the Council could be reasonably sure that the deal it struck with Verrus represented Best Value?

13. If the answer to the above is yes could you explain how the Council established that the contract price offered by Verrus was competitive?

14. Can you confirm that the contract with Verrus was extended without competition?

15. Was an extension expressly authorised under the terms of the original contract with Verrus?

16. What is the total expected value of the contract – including the extension?

17. Are you satisfied that the extension is compliant with European and/or domestic legal requirements?

18. Can you confirm that Verrus UK is now owned by PayPoint Plc and has been rebadged as PaybyPhone?

19. Can you confirm that PaybyPhone is a named sub-contractor of NSL, the preferred bidder for the Parking Services Contract?

20. If this is not the case can you describe the relationship between NSL and PaybyPhone?

21. How many other bids named PaybyPhone as a sub-contractor or provider of pay by phone parking services within their bids?

22. Did the composition of any of the bidding consortia change during the tender process?

23. Did any of the bidders propose using a supplier of pay by phone parking other than PaybyPhone?

24. Did the Council do anything that could reasonably be construed as identifying PaybyPhone as a ‘preferred provider’ to bidders during the tender process?

25. If PaybyPhone was involved with more than one bid did the Council identify this as a risk to the integrity of the tender process and if so what steps were taken to mitigate the risk?

26. Was the tender price for the PaybyPhone element the same for each of the bids that PaybyPhone was involved with?

27. Are you satisfied that competition for the pay by phone element of the parking service contract has not been restricted or distorted and that other potential providers have had an opportunity to communicate their offers through the process followed?

28. What relationship will the Council have with PaybyPhone under the NSL contract?

29. How does the Council intend to apply the principle established in the Contract Notice that ‘the Council will require that each consortium member has a joint and several liability’?

30. Are you able to advise the Council that its dealings with Verrus/PaybyPhone create no risk of legitimate legal challenge and do not otherwise pose a reputational risk.

Given that the tender process is expected to be concluded at next week’s Cabinet Resources Meeting (14 December 2011) a response to these questions is required urgently as it will (or should) have a direct bearing on the decision process.

Best wishes

John Burgess

Branch Secretary.

Barnet UNISON

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Mr Mustard would not be surprised if one of the losing bidders were to lodge an appeal. It is rare for Barnet Council to exactly follow a set of rules, they had to re-issue the parking prices increase for example in the Spring of 2011, so Mr Mustard doubts they will have got a tender correct, they will just bluff it out ( if they can ).

Yours frugally

Mr Mustard