Forwarded by Elizabeth Rattlidge/Policy/BCC on 01/07/2011 08:48

----- Forwarded by Elizabeth Rattlidge/Policy/BCC on 01/07/2011 08:48 -----

Vicki Fitzgerald <>
26/05/2011 09:53 / To / "" <>
cc
Subject / FW: Core Group

Hi Elizabeth,

As you know I was not able to attend yesterday’s Core Group special meeting. Nahida and Claire attended, XXXX

I also ensured that Nahida informed them that the documents needed to be put on the website for consultation – I anticipated they would have a problem with that given recent correspondence from XXXX.

I asked for Nahida to ensure her information was noted. There is clearly, I believe, a need to put these two documents up for consultation, that has always been the case in previous times, I don’t believe we can just change this because it suits a particular individual to do so, it is your instruction, but one we firmly support and, I believe, can defend. However is there any legal challenge that can be brought, as XXXX is suggesting – I really don’t think so, but seek your advice and support to enforce this governance.

I am back in today – if you want to have a chat, I would welcome that.

Kind regards

Vicki

Vicki Fitzgerald

Chief Executive

Tel: 0121 456 7820 Mob: 07967 630 545 Fax: 0121 454 9240

Radclyffe House, 66-68 Hagley Road, Edgbaston, Birmingham, B16 8PF

Registered in England and Wales, Company Registration No. 5705815.

Please consider the environment before printing this email.

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From: Nahida Kausar

Sent: 26 May 2011 09:17

To: Vicki Fitzgerald

Cc: Claire Lockey

Subject: Core Group

Hi Vicki

The Core Group agreed the SOPs last night, they did not want them to go onto the website for consultation as “the governance procedure is a City Council document and not a legal document for LINk to operate by”.

Hardeep did raise the point that the group need to respond to XXXX about the concerns in XXXX email and explain why the group have agreed the document. The group will be putting together a letter.

As the meeting overran and the group did not have time to discuss the Complaints Policy, it was decided that next Thursday’s CLOG meeting should be cancelled to hold a Core Group meeting in its place and continue with the discussion.

Please could you let Claire know if you are happy for the meeting to proceed next Thursday. I’m out for most of today, will catch up with you tomorrow.

Regards

Nahida

Nahida Kausar

Facilitator - Bimingham LINk Host

Radclyffe House, 66-68 Hagley Road, Edgbaston, Birmingham, B16 8PF

Registered in England and Wales, Company Registration No. 5705815.

Please consider the environment before printing this email.

Elizabeth Rattlidge/Policy/BCC
18/05/2011 16:05 / To / Vicki Fitzgerald <>
cc
Subject / Re: E-Mail trail for web posting of SOPs and Complaints

Thank you Vicki

Elizabeth Rattlidge

LINk Project Manager

Birmingham City Council

Tel : 0121 303 8827

Fax: 0121 464 6601

Hi Elizabeth,

There are two trails – Dates and times in black, cut and pasted e-mails in red – hope this helps if I can be of more assistance let me know

Thanks

Vicki

1st post from XXXX – dated Thursday 12th May @10.19

Dear Andrew and Vicki,

In recent postings about the SOPs there has been a reference to the requirement to have this document posted on the web-site for six weeks.

Could you help me? I can find no reference to this requirement anywhere. Certainly, it is not contained in the 2007 statute. And, with acknowledgment that I cannot claim to be in possession of all relevant LINk documentation, I cannot see such a reference in such documentation as I do have. I do hope that this is not something contained within some contract or agreement between Gateway and the council as any such agreement or contract is, by definition, not a LINk-adopted document which limits the LINk as such.

I look forward to your response.

XXXX

2nd post from XXXX – dated Saturday 14th May @ 05.49

I regret to note that I have had no response to this posting.

Separately, and interestingly, I have heard from XXXX to the effect that an agenda for the meeting on 25th May has been forced upon XXXX (my words, not XXXX, but that is how I am left to interpret what XXXX says), with the result that comments I was to make under a specific item on XXXX original agenda have been suppressed.

Rightly or wrongly I am seeing a connection here. Can you disabuse me?

XXXX

Response to the original e-mail Tuesday 17th May from me @ 14.05

On 17 May 2011 14:05, Vicki Fitzgerald <> wrote:

Dear XXXX,

Please find details below, which I hope answers your question.

The requirement for a 6 week consultation period on the website is required in the outcomes framework.

I hope that this answers your query

Kind regards

Vicki

Advice given from Birmingham City Council:

I note that this is based on the outcomes framework:

3. Citizens of Birmingham believe the LINk is an organisation that will represent its views fairly
e) Internal LINK policies and procedures are available to the full LINk membership for comment before adoption / New and reviewed policies and procedures are posted on the LINk website at least 6 weeks before adoption

I would suggest that the policy be amended and accepted in draft at the meeting. I think it should then be posted on the website for comment for the 6 weeks after which time the document will be adopted in full.

Response to that from XXXX Tuesday 17th May @ 16.47

Dear Vicki,

Thank you for this.

However, where does one find this "outcomes framework"? Are you saying, (and I am expressly asking), that this is a LINk document? If so, please advise where it can be found.

XXXX

Response from me @ 18.27 (cc you)

Hi XXXX,

It forms the outcomes framework that the Council performance manage us on.

I will check if it is available anywhere else - it is not a LINk governance document designed by LINk members though.

I have copied Elizabeth Ratelidge into this so that she may be able to state its origination. It's purpose however is to ensure accountability, to the wider membership, of the Core Group.

Regards

Vicki

Response from XXXX @ 18.55 (cc you)

Thank you!

At last we get to the bottom of this. It is something as between you (the Host) and the council and is not a LINk provision or document or at all.

It reinforces the unlawful intervention of the council and/or the Host in what is a distinctly statutory LINk responsibility.

You will appreciate I will not be keeping this to myself.

XXXX

Vicki Fitzgerald

Chief Executive

Tel: 0121 456 7820 Mob: 07967 630 545 Fax: 0121 454 9240

Radclyffe House, 66-68 Hagley Road, Edgbaston, Birmingham, B16 8PF

Registered in England and Wales, Company Registration No. 5705815.

Please consider the environment before printing this email.

Elizabeth Rattlidge/Policy/BCC
18/05/2011 15:26 / To / Vicki Fitzgerald <>
cc
Subject / Re: FW: SOPs and Posting on the Web-Site

Thank you Vicki,

Please can you send me the entire trail of conversation on this issue including any responses to XXXX from you and your team.

Many thanks

Elizabeth

Elizabeth Rattlidge

LINk Project Manager

Birmingham City Council

Tel : 0121 303 8827

Fax: 0121 464 6601

Vicki Fitzgerald <>
18/05/2011 15:06 / To / "" <>
cc
Subject / FW: SOPs and Posting on the Web-Site

Hi Elizabeth,

Here is the original e-mail trail from XXXX.

Regards

Vicki

Vicki Fitzgerald

Chief Executive

Tel: 0121 456 7820 Mob: 07967 630 545 Fax: 0121 454 9240

Radclyffe House, 66-68 Hagley Road, Edgbaston, Birmingham, B16 8PF

Registered in England and Wales, Company Registration No. 5705815.

Please consider the environment before printing this email.

From:XXXX

Sent: 14 May 2011 05:49

To: Andrew John; Vicki Fitzgerald

Cc:XXXX

Subject: Fwd: SOPs and Posting on the Web-Site

I regret to note that I have had no response to this posting.

Rightly or wrongly I am seeing a connection here. Can you disabuse me?

XXXX

------Forwarded message ------

From: XXXX

Date: 12 May 2011 10:19

Subject: SOPs and Posting on the Web-Site

To: Andrew John <>, Vicki Fitzgerald <

Cc: XXXX

Dear Andrew and Vicki,

In recent postings about the SOPs there has been a reference to the requirement to have this document posted on the web-site for six weeks.

I look forward to your response.

XXXX

Vicki Fitzgerald <>
17/05/2011 18:27 / To / XXXX
cc / "" <>
Subject / Re: SOPs and Posting on the Web-Site

Hi XXXX,

It forms the outcomes framework that the Council performance manage us on.

I will check if it is available anywhere else - it is not a LINk governance document designed by LINk members though.

I have copied Elizabeth Ratelidge into this so that she may be able to state its origination. It's purpose however is to ensure accountability, to the wider membership, of the Core Group.

Regards

Vicki

Sent from my iPhone

On 17 May 2011, at 16:47, XXXX wrote:

Dear Vicki,

Thank you for this.

However, where does one find this "outcomes framework"? Are you saying, (and I am expressly asking), that this is a LINk document? If so, please advise where it can be found.

XXXX

On 17 May 2011 14:05, Vicki Fitzgerald <mailto:> wrote:

Dear XXXX,

Please find details below, which I hope answers your question.

The requirement for a 6 week consultation period on the website is required in the outcomes framework.

I hope that this answers your query

Kind regards

Vicki

Advice given from Birmingham City Council:

I note that this is based on the outcomes framework:

Vicki Fitzgerald

Chief Executive

Tel: 0121 456 7820 Mob: 07967 630 545 Fax: 0121 454 9240

Radclyffe House, 66-68 Hagley Road, Edgbaston, Birmingham, B16 8PF

Registered in England and Wales, Company Registration No. 5705815.

Please consider the environment before printing this email.

Vicki Fitzgerald <>
09/05/2011 13:09 / To / XXXX
cc / Andrew John <>, "" <>
Subject / RE: Core Group Meeting.

Dear XXXX,

Many thanks for your e-mail, however I note that the proposed meeting does not make reference to the Standard Operating Procedures or Complaints Policy.

Could you advise me on how you propose to deal with the above omission?

As you know the decision to suspend the meetings was due to the risks involved in not having ‘fit-for-purpose’ governing documents. There was an action plan to get the governance arrangements in place. (detailed below)

You will note that we have identified this as a risk to the Birmingham LINk and therefore had the action below agreed. I understand that a sub-group has met and that the SOPs and Complaints has been worked on. The Core Group meeting that you have suggested, would take place during the period of remedial action and outside of the timescale, therefore it must be made clear that no decisions can be made at this meeting as the governing document has not been adopted.

I look forward to your response.

Regards

Vicki

Plan of Remedial Action

The Issues and associated risks

The main areas which represent significant risk are as follows:

Absence of, fit for purpose, governance framework – namely

1. Lack of comprehensive and agreed Standard Operating Procedures

2. Unsuitable and unenforceable complaints process

The risk associated with the above issues are:

1. Decisions being made without sufficient governing documents

2. New and existing members unable to be provided with handbook – as required in the audit – due to insufficient governing documents

3. Members therefore able to make decisions and represent the LINk without clearly defined responsibility, accountability and boundary of role

4. Financial decisions being made without a suitable framework of accountability

5. Codes of conduct, procedures and current protocols are unenforceable due to inadequate complaints

Appropriate Solution

We propose to solve the above issues and associated risk by:

1. Suspending meetings*of the two key decision making groups ie: Core Group and Administration and Finance Group, until such time that agreed Standard Operating Procedures and a robust Complaints Procedure has been approved.

2. To form a sub-group tasked with the actions in point 1.

3. To gain approval of required governance framework through single issue meeting with a quorate membership of the Core Group

*although meetings would be suspended, information would still be disseminated to the relevant group members.

Responsible owners for all remedial actions required

Host organisation

Sub-group facilitated by the Host organisation

LINk Core Group (quorate amount)

Timescales for remedial action

Suspension of meetings of two key decision making groups - with immediate effect

Formation of sub-group - 15th April 2011

Final draft document agreed 13th May 2011

Website consultation period complete 30th June 2011

The remaining elements of the contract, including the Action Groups plans and objectives, together with the main priorities for the LINk will continue to be delivered.

Vicki Fitzgerald

Chief Executive

Tel: 0121 456 7820 Mob: 07967 630 545 Fax: 0121 454 9240

Radclyffe House, 66-68 Hagley Road, Edgbaston, Birmingham, B16 8PF

Registered in England and Wales, Company Registration No. 5705815.