When the politicians get it wrong! – Again!

Warren Town is SoR Director of Industrial Relations

This week has seen more than just the St Jude storm; we have also seen a flurry of judicial outcomes that question if we should leave decision making to politicians.

Take the payout for the sacked head of services for Haringey. This is reported to be in the region of 600k but as it is under the terms of a confidential agreement we cannot be absolutely sure of the exact sum. Leaving the amount aside and the morality of this payment, it is worth considering how it can happen that someone who is ultimately responsible for the safety of children, can in fact be recompensed for a dismissal for what was seen by many as failure. The answer is as simple as it is tragic.

 The Children’s Secretary at the time was Ed Balls [Labour] instead of leaving the decision to dismiss to the appropriate authority; he decided to act. He dismissed Ms Shoesmith and that decision was seen as unfair and in the words of the Court of Appeal, Ms Shoesmith had been ‘Unfairly scapegoated’ and the decision taken by Balls was ‘intrinsically unfair and unlawful’.

Ed [Balls not Miliband] now takes the view that the payout to Ms Shoesmith now ‘leaves a bad taste in the mouth’. But what of his decision to dismiss; does this not leave us with that same bad taste because had he left the decision to a competent authority than we, the taxpayer, would not have to foot this bill. It is all very well trying to blame someone else when the root cause is your own incompetence.

Now we move onto another decision that has hit the news this week. The coalition has lost a Supreme Court of Appeal about the flagship policy- ‘Back to Work’ schemes. These scheme required claimant’s to work for nothing or take a benefit cut. 5 Supreme Court Justices ruled that the government had failed to provide “sufficient detailed prescribed description” of the schemes and what would happen if people refused to take part. A further claim that the schemes amounted to ‘Slave Labour’ was not upheld but nevertheless the government now has to spend valuable time revisiting the terms of the schemes to get them fit for purpose.  In response the government Minister responsible for this debacle [Iain Duncan Smith] said “we have always said that it was ridiculous to say that our schemes amounted to forced labour, and yet again we have won this argument’.

Umm, no you haven’t, you have had the status of the commitment clarified but you lost the appeal and you now have to revise the scheme to meet the requirements of the ruling. Talk about cheery picking your argument!!

And now we come to the real humdinger!  Having lost at the first hurdle to enforce his decision to cut back emergency and maternity services at Lewisham, Jeremy Hunt goes all out to argue his case at the Court of Appeal. And they say- he does not have the power to do so. The High Court had already said that Hunt’s decision was unlawful and lacked power, not to mention that it breached the National Health Act 2006. It would appear that the Court of Appeal agrees with the lower court and the Minister is left with egg on his face and a bad taste in his mouth.

Then again you need to look carefully at the response from the coalition. Not content with squandering public money on a fool’s errand he now wants’ to ‘…look at the law to make sure that at a time of great challenge the NHS is able to change and innovate when local doctors believe it is in the interests of patients’. I may have missed something here but how do the’ interests of patients ‘ conflict with the interests of the local populace who opposed this move and are likely to be the patients that he has decided that he and his cronies must protect?  It smells of sour grapes and the use of political power in government to get what he wants despite the wishes of the local people. It does seem at odds with the concept of ‘big society’ [remember this idea from the coalition- as Hunt has clearly forgotten] that his leader, Dave Cameron, wanted to champion. A sort of power to the people thingy.

It has not been a good week for the politicians, but it has been an expensive week for the rest of us.


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