Dear Mr Satoor,

On July 21st, I corresponded with you regarding an outstanding Environmental Information Regulations request I had submitted concerning asbestos in Birkenhead Market. I expressed my concern that several documents may be missing. It has now been 30 working days since I raised this issue, and I have not received any additional documents. Regrettably, I must conclude that no further documents exist concerning asbestos in Birkenhead Market and the only document that exists is “The Birkenhead Market Asbestos Register 2019″ that was provided to me on 17 July 2024. Therefore, I am compelled to lodge the following complaints.

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Dear Wirral Borough Council,

In this correspondence, I am presenting a series of grave allegations and complaints that I believe amount to Misconduct In Public Office. Due to the substantial value of the funds involved, the gravity of the allegations, and Officers’ seniority, I respectfully request that this email be disseminated to all individuals listed at the end of this correspondence to ensure their oversight. Furthermore, I request confirmation that this email has been forwarded to all the individuals mentioned.

Background

At the Economy Regeneration and Housing Committee 27 March 2024 Mr Shaw MRICS Assistant Director Property & Regeneration Investment stated..

“There is asbestos in the Market that is primarily in the roof void” – “I believe it’s actually in the roof, the integrity of the roof, what you can see on the roof is partly made of asbestos.”

On 4 June 2024, I made an Environmental Information Request (EIR) in an effort to validate Mr Shaw’s statements “I request all information held concerning asbestos at Birkenhead Market.” This request should have been completed by 3 July. 17 July 2024, The Council disclosed one single document. “The Birkenhead Market Asbestos Register 2019″.

21 July 2024, I wrote to the Chief Executive and the information team asking them to check that there were no other documents.

Today is 2 September 2024, It has been 61 working days since the submission of the EIR, 30 days since the request was made to the Chief Executive asking him to ensure the Council has conducted a thorough check for all relevant documents. Neither the Chief Executive nor the Council have furnished any additional documents, or confirmed the existence of additional documents.

Considering the ample time the Council has had to disclose all documents that relate to asbestos at Birkenhead Market as mandated by FOI legislation, it is reasonable to conclude that the “Birkenhead Market Asbestos Register 2019” is the only document pertaining to asbestos at the market. As a result, I am compelled to make the following accusations and complaints.

https://www.whatdotheyknow.com/request/asbestos_in_birkenhead_market#incoming-2703433

The Birkenhead Market Asbestos Register 2019

The register comprises of two sections; “Samples Containing Asbestos” & “Non Asbestos Samples”.

All samples regarding “the roof & the integrity of the roof” are contained in the “Non Asbestos Samples” section, Asbestos Register for Birkenhead Market Non Asbestos Samples…

DH002335 External (Market) roof area – Gaskets – Well Bound

DH002311 Produce Market – Roof Felt to flat roof areas – Well Bound

DH002330 External Main roof- Main roof Black roof felt – Well Bound

DH002331 External Main roof – Main roof Green roof felt – Well Bound

DH002332 External Main roof – Main roof, roof covering – Well Bound

DH002334 External Main roof – Textured coating to external walls

DH002336 External Canopy – Textured coating to ceiling

NOTE… The Asbestos Register states the only samples containing asbestos in relation to the roof area of Birkenhead Market are DH002014 DH002015 External Roof A/C Cowl & DH002333 External Roof A/C Flue.

Allegation Complaint One: At the ERH 27 March 2024, Mr Shaw stated …

“There is asbestos in the Market that is primarily in the roof void”- “ I believe it’s actually in the roof, the integrity of the roof, what you can see on the roof is partly made of asbestos.”

Mr Shaw was not truthful, he misled the Economy Regeneration & Housing committee, he improperly influenced the £13.7m Birkenhead Market proposal-decision and committed Misconduct in Public Office.

Allegation Complaint Two: At the ERH Committee meeting 27 March 2024 Mr Shaw stated “the work has been developed in the context of feasibility and that’s on the bases that we’ve been through a process set to industry standards which includes Design Costs, Architect Fees, Structural Surveys to make sure we got an evidence based approach to how we put this recommendation forwards, and that is a critical point we have done an evidence based bringing in industry experts,”

2.1: If Mr. Shaw had actually used an “evidence-based approach”, there would be more documents referencing asbestos at Birkenhead Market. These documents would show the low cost of removing the six A/C flues & cowls containing asbestos located on the Birkenhead Market roof. Therefore, I am compelled to complain that these documents (if they exist) have not been disclosed in an attempt to conceal the low cost of refurbishing the existing market roof area.

2.2: If Mr Shaw was deceitful and he knew an “evidence based approach” had not been conducted there will be no further documents held by the Council relating to asbestos at Birkenhead Market and Mr Shaw would have deceived the ER&H Committee Members when he stated…“Taking up Cllr Kelly’s point, I respectfully disagree, in that work has been developed in the context of feasibility and that’s on the bases that we’ve been through a process set to industry standards which includes Design Costs, Architect Fees, Structural Surveys (plural) to make sure we got an evidence based approach to how we put this recommendation forwards, and that is a critical point we have done an evidence based bringing in industry experts,” – “to make sure the Committee has transparency in approach to make the informed decision, and that is the critical point.”

Therefore, I am compelled to complain that Mr Shaw deceived the Economy Regeneration and Housing Committee and improperly influenced the £13.7m Birkenhead Market proposal-decision.

2.3: With regard to 2.1 & 2.3 both scenarios amount to the same thing, Marcus Shaw MRICS Assistant Director Property & Regeneration Investment intentionally misled Wirral Borough Council and the General Public, he improperly influenced the £13.7m Birkenhead Market proposal-decision and committed Misconduct in Public Office.

http://democracy.wirral.gov.uk/ieListDocuments.aspx?CId=916&MId=10127&Ver=4

What Marcus Shaw MRICS Assistant Director Property & Regeneration Investment said at the Economy Regeneration and Housing Committee meeting 27 March 2024……Marcus Shaw, “Taking up Cllr Kelly’s point, I respectfully disagree, in that work has been developed in the context of feasibility and that’s on the bases that we’ve been through a process set to industry standards which includes Design Costs, Architect Fees, Structural Surveys (plural) to make sure we got an evidence based approach to how we put this recommendation forwards, and that is a critical point we have done an evidence based bringing in industry experts,” – “to make sure the Committee has transparency in approach to make the informed decision, and that is the critical point.”

Marcus Shaw:

“There is asbestos in the Market that is primarily in the roof void”

Cllr Gardner, Question “It’s in the roof void, so it’s insulation?”

Marcus Shaw, “I believe it’s actually in the roof, the integrity of the roof, what you can see on the roof is partly made of asbestos.”

Cllr Gardner, “It’s concrete laden asbestos concrete on the roof?”

Marcus Shaw, “Yes I believe so.”

Cllr Gardner, “Have we got a report on that?”

Marcus Shaw, “We have asbestos reports that were undertaken along with errr structural engineer’s reports”

Allegation Complaint Three: Today is 2 September 2024. It has been 61 working days since the submission of the EIR, 30 days since the request was made to the Chief Executive asking him to ensure the Council has conducted a thorough check for all relevant documents. Neither the Chief Executive nor the Council have furnished any additional documents, or confirmed the existence of additional documents as mandated by FOI-EIR legislation, I believe that some officers were aware of improper conduct by their colleagues and have either ignored it or actively colluded in an effort to prevent this request reaching its conclusion.

To allow wider oversight I respectfully ask that this email is forwarded to …The Council’s complaints department. The political group leaders. Members of the Economy Regeneration and Housing Committee. The Local Government Association. The Ministry of Housing, Communities and Local Government,

Yours sincerely,

Alan Featherstone

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https://www.liverpoolworld.uk/news/images-birkenhead-market-4765883

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I’ve been very busy … I’ve needed to be. Below are 101 examples of Wirral Labour / Tory / LibDem scandals, abuse of disabled people, corruption, lies, cover-ups, distortions, conflicts of interest, whitewash investigations, kickbacks, cronyism, control of the local media, gags, bumper pay-offs, clean bills of health to the guilty … and much more … all gathered over the last 10 years.