Delay to controversial Birmingham day centres closure 'costs £100k a month' - commissioner

Birmingham City Council's commissioner Max Caller has rejected claims that he 'overstepped his powers' and 'undermined democratic scrutiny' when he refused attempts to delay the closure of four day centres for disabled adults.

Government appointed Mr Caller said his use of executive powers, granted in the wake of the council's financial implosion last year, was justified. He ordered the city council to turn down 'call in' requests over the controversial decision.

Further delay would have cost the council '£100,000 a month' that it would have to instead find by losing more jobs and services, he claimed. He came under fire when he personally intervened over three call-in requests received last week from city councillors. He told city solicitor Marie Rosenthal to refuse them all.

Had they been allowed, a special scrutiny committee hearing would have been held to consider arguments about why the closures should not go ahead. Four out of the city's nine day centres will close to save £1.95 million this year, and up to £3.5m next year when some of the sites are likely to be sold off.

READ MORE: Birmingham MP attacks council commissioners for 'shutting down democracy' in day centres row

Users and carers who frequent the closure threatened centres, including Harborne and Fairway, have described the plans as heartless and condemned councillors for failing to recognise the devastating impact on them. There were upsetting scenes at the Cabinet meeting where the deal was rubberstamped, as worried carers voiced their frustration. They hoped that the council leadership might yet consider a rethink.

Max Caller, Birmingham City Council's lead commissioner
Max Caller, Birmingham City Council's lead commissioner -Credit:Nick Wilkinson/Birmingham Live

Edgbaston MP Preet Kaur Gill said Mr Caller's intervention undermined local democracy. She said a further call-in was justified because 'no consideration was given of alternative options, including any possible cooperative, mutual or community partnership models.'

Ms Gill said: "The maintenance of due democratic processes is extremely important to the integrity of the council and public decision making, including openness and accountability. Whilst I understand that the Government Directions give commissioners functions in relation to governance and scrutiny, the people of Birmingham are entitled to be assured that decisions and scrutiny will be performed in accordance with the council’s published constitution."

James Cross, whose uncle Robert uses Harborne Day Centre, set to close, said: "It’s very concerning to see unelected commissioners, who are being paid an extortionate amount of money, at the expense of the Birmingham tax payers, getting directly involved in decision making processes which will have detrimental effects to communities for decades to come, long after the commissioners have left their roles.

"This is a very bad look for democracy and makes a mockery of the constitutional processes adopted by Birmingham City Council and takes all power away from councillors to hold executive decision makers to account. It’s also concerning that this could set a precedent for future decisions made by the Cabinet to not be properly scrutinised, where genuine concerns and arguments have been raised. Councillors are elected by their ward constituents to represent them. This course of action removes all control elected councillors have to challenge decisions."

Six councillors - four Labour and two Conservative - had submitted three call-in requests between them to ask for the decision to close the four centres to be reviewed. It is the second time Mr Caller has used executive powers to force councillors to act in a particular way since being appointed just over a year ago by then Secretary of State Michael Gove.

Mr Caller said today: "Directions exist to give powers to commissioners and we try very hard not to exercise them, but the council's budget is continuing to deteriorate, it needs to take decisions faster and balance its books."

The commissioners were sent in last October to oversee affairs after council leaders declared their de facto bankruptcy in the wake of rising demand for adult and children's services, an equal pay crisis and the Oracle IT debacle. Residents have seen a 10% hike in council tax and more than £300 million in budget cuts this year, alongside hundreds of redundancies. Among the cuts proposed to the adult social care budget is a plan to close four centres.

READ MORE: A 'terrible day' as Birmingham's £1m a year council commissioners block bid to save day centres

Speaking today to BirminghamLive, Mr Caller said: "When it set its budget (last year) the council accepted exceptional financial support (from the Government) on a series of conditions which required it to work with due expedition - in other words, not delaying. That is really important. Delay is worrying, because if you take too long you don't achieve the savings you set out to, so more services, more jobs disappear to balance the books and the council has a legal obligation to do so.

"The council has been involved in pre-decision scrutiny (over the day centres plan) - the scrutiny committee has met and considered it, it has views," he said. "There is no obligation on the Cabinet to agree with scrutiny, it has to consider it - so doing it again to bring the same points in front of Cabinet when some of the things raised in the call-ins will come out during the next stage of consultation with individuals is unnecessary," he said.

He added: "Now the principal decision has been made, it's really important to sit down with individuals so their concerns are dealt with in the most appropriate way. Every month this goes on is costing £100,000. That money is someone else's service - it's not a free choice. My focus, and the focus of the commissioners' team, is on getting Birmingham better."

A protest is due to take place next Wednesday, November 6, outside Harborne Day Centre, one of those affected. Organisers are urging supporters to gather at the entrance to the centre premises at 11.30am to show their dismay over the closure.