Hello Wandsworth Council,
First, we should declare an interest; we are the "other party" referred to in your post and our proposal goes under the not very original name of Project Phoenix. Second, we are delighted that you chosen to join the debate on NVN about "the best possible value for the taxpayer from the ongoing use of this public asset" on Wandsworth Common. As you note, and it is appropriate to emphasise, Neal's Lodge and Cottage are PUBLICLY OWNED assets ON COMMON LAND. Whilst the council officer who wrote the post is, naturally, not identified we respectfully suggest that you consult broadly within the council to check your facts before you add further to this thread. The assertions you make in the post are simply not true.
You may or may not be aware that a formal complaint regarding the Multiple Maladministrations associated with the "competitive tender" process was lodged last month. A copy of the complaint is attached for reference. 3 of the 4 different maladministration complaints relate to the false assertions you make. A summary is provided below but in the meantime we note that the "substantive response within 10 working days", which was committed to in writing by your colleague, is overdue.
1. You assert that: 'The council held an open and wholly transparent competitive tender.'
An unidentified party was given preferential access to details of the properties ahead of them being more broadly marketed. This came to light through the (heavily redacted) response to Freedom of Information request no 2015/11797. Despite this response being appealed and reviewed by the council's Chief Executive the identity of this party remains a council secret.
2. You assert that: 'This was done in order to obtain the best possible value for the taxpayer from the ongoing use of this public asset.'
WBC was reminded by their retained property agents, Lambert Smith Hampton, of their obligation under section 123 (2a) of the 1972 Local government Act "to consider all offers to ensure best consideration". The response to the FOI request referenced above shows that council officers chose not to do comply with this, thereby ignoring a potentially higher offer, or at the very least the opportunity to negotiate one. Notwithstanding this, and the secrecy which surrounds the financial terms offered by the council's preferred bidder, is the quantum of revenue available to Wandsworth constituents, on a property of 1907 square feet, in the heart of the borough's flagship COMMON LAND, really the only appropriate criterion by which the usage of this PUBLICLY OWNED asset should be judged? Certainly this was not the view of the 70 residents who objected to the planning application for the change of use to a large private nursery, nor that of The Wandsworth Society nor that of the representative body that exists specifically to advise the council on matters related to the common;The Wandsworth Common Management Advisory Committee who did likewise.
3.You assert that: 'An incomplete bid was received from another party. This party was informed on numerous occasions that in order for their bid to be properly evaluated further information was required.'
We were not informed, on even one ocassion, let alone numerous ones, that in order for our proposal to be properly evaluated further information was required'. We were informed, in writing, by the placement student at LSH who led the process on behalf of the council, that they would "be in touch with an update ASAP." Despite this assurance we received no contact whatsoever until we were advised by email that our "offer" was non-compliant.
The initial response to FOI request no. 2015/11797 subsequently revealed that disingenuous information was provided by LSH to WBC regarding our willingness to provide information. This disingenuous information was then circulated internally at the council and assumed to be true. This has led to a complaint of maladministration as council officers failed to properly manage their appointed contractors.
4. You assert that: 'This information was not provided and sadly, as a consequence, their bid was not able to proceed.'
A full proposal was submitted proactively to senior councillors as well as LSH. Repeated requests for a meeting with relevant councillors and council officials from both Property services and Education and Children's Services were repeatedly ignored.
Finally we note that your contribution to the thread ignores any reference to the fact that the council elected to put its own interpretation on the 1967 'Long Act', which governs what local authorities are permitted to do on Common Land, "for the purpose of seeking expressions of interest from the market for these premises". As per the attached Multiple Maladministration complaint the misrepresentation of this opinion as fact has exposed the council to the risk of a Judicial Review. WBC has repeatedly refused to provide legal substantiation for its interpretation, or to share the internal correspondence between Property Services and the Borough Solicitor related to it, despite a legitmate request and appeal made under the FOI act to do so. We do however note that the council has chosen to comply with advice from their solicitors, Sharpe Pritchard, not to respond to any of our overdue FOI requests, which would appear to constitute significant breachs of the WBC members code of conduct.
We have consistently approached the Council in an effort to hold a meeting to discuss our proposal, which as the WBC Cabinet member for Children and Education Services knows, by virtue of his letter, has the full support of the long established head teacher of a leading Wandsworth Junior school, and was well received when he outlined it briefly to a meeting of Wandsworth Head Teachers. Phoenix is an educational initiative that addresses very pertinent issues around schooling today, and has the potential to benefit 5000 + primary school age children each year. Is the council's real preference to benefit just 62 in a private nursery. The fact the Council has, to date, chosen not to even engage in a discussion is very disappointing.
Project Phoenix is primarily designed to be an asset for Wandsworth junior schools (#letkidsbekids), with a vision to extend its benefits to other local children's community groups and organisations.
Wandsworth Council - Phoenix is still here and open to discussion. We invite you to respond openly and transparently to this post and let the NVN community, with the interests of their children at heart, to reach their own conclusions.
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