The value of local libraries

Brent SOS Libraries-not giving up!

Willesden Regeneration Plans Called In

The Willesden Library Regeneration Project is to be examined by the Call-in and Overview Scrutiny Committee of Brent Council at its meeting on Wednesday February 1st (7.30pm Committee Room 1, Brent Town Hall).

The call-in queries the delegation of decision making to the developer, the lack of detail in the proposals, interim arrangements while the development takes place and the consultation process:

Willesden Green Redevelopment Project

The reasons for the call in are:-

1.     Delegation of authorisation of detailed design (recommendation 2.4 in the report): it is appropriate that a decision of this significance is signed off by members, especially if the consultation process or other pressures result in a need to reconsider elements of the scheme or choose between options.

2.     Interim service delivery strategy (recommendation 2.5)

(a)    Lack of clarity over important aspects of the alternative provision including the size of the premises at Grange Road and details of other premises in the Willesden Green area being explored.

(b)    Lack of serious consideration of the use of available closed libraries to aid the delivery of services as evidenced by the perfunctory nature of paragraph 6.29 in the report.

(c)    It is incorrect to state that the provision of transport services to aid access to alternative study space is outside the council’s powers (para. 9.23). The council has a number of potentially relevant powers including the power of well-being.

3.     Lack of clarity in the papers provided to members at the Executive meeting about the design and functions of the proposed new building including:

(a)    No information (even in broad terms) about how the available floorspace will be split between the different uses and the projected income from the proposed commercial uses.

(b)    No information about the architectural and design approach to the development or the planning considerations and risks (other the risk of local objections set out on page 54) that the design has to take into account.

(c)    Lack of clear explanation about how the zero net capital cost will be achieved.

(d)    Inadequate consideration of the risk of construction costs being greater than anticipated and the extent to which the additional costs might fall on the council if they are not the responsibility of the contractor; and inadequate assurance about financial control of the project subsequent to detailed design development and prior to practical completion.

4.     Defects in the decision making process including lack of information provided to members about the revenue consequences of the recommended decision (section 7 asserts that all future revenue costs will be contained with existing budget allocations for the management of the WGLC but there are no figures to support this. Additionally there is no mention of the revenue implications of the non-cultural centre functions such as office space and contact centre).

5.     Lack of access to Background Papers despite requests in good time

6.     Consultation strategy (recommendation 2.7)

(a)    The agreed consultation strategy does not include any objectives nor does it specify what scope there is for the current design to be altered in response to the consultation. It is therefore unclear to what extent this is a genuine consultation strategy and to what extent it is simply a public engagement strategy designed to provide reassurance and promote the project to stakeholders.

(b)    There is no mention in the report, recommendation or consultation strategy of reporting back the outcome of the consultation to members (Executive or Scrutiny) to enable consideration of the views expressed.

Suggested action for the Call In Overview and Scrutiny Committee to take:-

·         Consider the revenue implications of the decision to assure value for money and the other issues raised above.

Recommend that:-

·         The decision about the detailed design and costs be taken by the Executive and not delegated;

·         The interim service delivery strategy be revised to provide more library floorspace and more accessibility to the museum collection than the present proposals deliver, possibly including use of currently closed library premises to avoid the need to pay rent;

·         Objectives be set for the consultation strategy; the process for considering and responding to consultation feedback be clarified and publicised to stakeholders in due course; a resident / stakeholder liaison group be created as part of the consultation strategy.

FULL AGENDA

Preston Library Campaigners Fight On

A great message on a gloomy day:

Library defeat but a battle worth fighting

I was unable to make the High Court this morning to hearing the ruling on Brent library consultation because I had commitments in a local school. However, I am pleased tp reproduce below the item posted on Brent Greens Blog by my colleague Shahrar Ali:

Today the People of Brent learned the sad news that they had not succeeded in their High Court battle to overturn the Council's plan to axe half of the borough's libraries (background).

I could sense the anxiety amongst my fellow Brentonians before the judgement was delivered. I reassured my neighbours that we did not know the result yet, but it seemed most of them did not dare believe that we would hear good news today, simply to protect against greater disappointment of a frustrated hope.

The truth is that whilst Justice Ouseley's judgement must be respected for what it is, his written judgement strikes me as a piece of legal casuistry in the main. Of course, points of law must be attended to, but in their attention one is always left with a judgement to make, whether on balance of probability or the spirit of the law as drafted. Even the most impartial observer could be left wondering whether arguments had been won, as opposed to counter-assertions (in this case the Council's) simply affirmed by the judge.

The Judgement (Case No. CO/4957/2011) summarises the main pieces of law in contention then itemises the grounds which Justice Ouseley takes to have not been demonstrated in law:

1. Unlawfully ignoring the role which community libraries and groups could play in fulfilling the s7 duties (Public libraries Act 1964)
2. Unlawful failure to consult
3. An unlawful failure to assess needs
4. Breach of the public sector equality duty

However, many of the judgements appear, in reason, to be question-begging:

"I cannot see that it is unlawful for the Council to start the process by warning the groups, as in effect it did, that its approach would be that alternatives had to achieve the same level of savings for the same level of service as the Council's own proposals." (para 77)

But no piece of law is going to circumscribe consultation down to this level of detail. The question is whether this was a fair constraint, to effectively debar solutions that did not conform to a pre-decided lowest common denominator budget.

Later still, the Judge writes: "The Council's approach was entirely consistent with the requirement in s7(2) that the provision of library services by other menas be "appropriate"." (para. 80)

That sounds more like an assertion than an argument.

By some textual anomaly, moreover, the following appears in the introduction without any qualification, simply stated as fact, not as an argument from our side:

"The public consultation had been unfair since the Council had not told the public what it needed to know about the running costs of libraries so that groups could make informed responses in support of voluntary arrangements, and had not been told the basis upon which the Council would appraise their alternative proposals." (para. 4)

Yes, I agree that this is true Justice Ouseley.

Overall, I am bound to say, this was a very disappointing and dispiriting judgement. I salute the people of Brent for bringing this case. My fear now is that Brent Council will feel itself emboldened in this course of action, obviously they will feel vindicated, but the reality is that they have lost the confidence of the people they are meant to serve.

Let the People of Brent unite in their common endeavour to safeguard our community from this assault on our local libraries. We can despair, but we shall also regroup - with the same practical intelligence and determination we have already shown, to find a better way forward.

This is a sad day for Brent; but also a day on which the Citizens of Brent who give a damn about lifelong education and protecting the vulnerable from abandonment should hold their heads up high. Just not in the High Court.

Initial judgement on libraries case in second week of August?

"Although reluctant, the Judge said he might be able to say which party had won by the end of the second week of August, and then provide a full reasoned judgement in October."

From an account of Day 3 of the Brent Library case by I Spy in Queen's Park LINK

An excellent account of the second day from the Bookseller  LINK

The Independent on Brent Library Closures Judicial Review

The following story by Kunal Dutta was  published by the Indepdent yesterday:

A landmark hearing on Tuesday will mark the first judicial review into proposed library closures in Britain as disgruntled campaigners prepare to take their case to the courts.

The High Court is examining the planned closure of six libraries in the London Borough of Brent, and its ruling will be keenly watched by councils around the country. Following close behind are Gloucestershire and the Isle of Wight, where protesters have won permission to have their cases heard by the end of the year. Experts believe they could trigger a flood of similar cases.

Brent council invited a number of "community-based rescue plans" that it allegedly did not take into full consideration in its final decision. The court will also examine whether the consultation process that decided the future of libraries across the country was conducted fairly and in line with the correct legal framework.

Experts believe that the outcome of the review could be a major embarrassment for David Cameron's government, which has hitherto distanced itself from the library closures, insisting it is a local government issue.

The Government came under fire from the author Kate Mosse yesterday over its refusal to intervene. She said: "There has been a naive belief on the part of government and local authorities that after the initial objections, public anger would wane. Instead it is the precise opposite: the anger has simply exacerbated."

In a scathing assessment she said there had been "a catastrophic failure of leadership" from the Museums, Libraries and Archives Council, the Arts Council and the Department for Culture, Media and Sport.

The timing of the Brent review coincides with a deadline for library tenders in Wokingham amid speculation that its library servicies could be outsourced to a private American firm by the end of this year. 

Lawyers say that they will be probing the Government's line in relation to Section 10 of the 1964 Libraries and Museums Act, which decrees that all public complaints over libraries should go to the Secretary of State for Culture, Media and Sport. 

"Dozens, possible hundreds [of complaints] have been made by Brent residents which must under law be investigated by the Secretary of State. The closures will generally hit the poor, children, older people, those with disabilities and ethnic minorities far harder than others. It also examines just what fairness demands when library closures are proposed," said John Halford, from Bindmans LLP solicitors. 

"The threatened libraries are important for everyone who lives, studies or works locally, but especially for low-income families and their children," said Margaret Bailey, one of the Brent campaigners. "We are determined to ensure the libraries remain open and trust that the court will quickly see Brent's decisions are senseless. Both legally and otherwise." 

Nick Cave, Depeche Mode, the Pet Shop Boys and Goldfrapp are among the stars who have contributed to legal costs. 

A DCMS spokesman said: "We continue to monitor and assess proposals and decisions being made about changes to library services across England. We take very seriously compliance by local authorities with their statutory duty to understand the local needs for library services and to provide a comprehensive and efficient service to match that need. Use of ministerial statutory powers, including those regarding intervention, continues to be kept under consideration on a case-by-case basis."

"Let's all go down the Strand and bring your banner..." - library closures hearing next week

Campaigners' application for a judicial review of Brent Council's decision to close six of the borough's 12 libraries will be heard in the Royal Courts of Justice next week.  The hearing will take place on Tuesday 19th July and Wednesday 20th July. There is a possibility that it will spill over to the morning of Thursday 21st July.

Brent SOS Library campaigners and Brent Fightback supporters will be assembling outside the Court on Tuesday and Wednesday at 9am (the hearing is expected to start at 10.30am) and again at 4.15pm with banners and placards. Please try and get along and bring your own placards.  There should be seating in the court for between 60 and 80 people and the presence of those affected can be positive in terms of curtailing the more outrageous claims that the defendants could make in their absence.

The case is significant because it is the first legal challenge to library closures. There are almost 4000 pages of documents before the Court and over 200 pages of witness statements. In a nutshell, campaigners argue that the Council decision was flawed because it:

• started from the false premise that library closures were an inevitability (therefore closing its mind to reasonable alternatives);
• failed to assess local need at the right time, or adequately;
• failed to comply with equality legislation, and its own impact assessment policies; and
• failed to disclose its criteria, and reasons, for rejecting alternative community-based means of retaining some or all of the libraries earmarked for closure.

The Royal Courts of Justice are in the Strand and the nearest tube is Temple MAP

Brent Library Closure Delays

No Brent libraries will be closed until after the last 'A' Level exam on July 1st according to a report on the Libraries Transformation Project going to the Executive on May 23rd. This will mean that no action need to be taken of the referral made by Scrutiny Committee earlier this month after representations from Brent Youth Parliament.

The report acknowledges that it is difficult to give firm dates on the closures 'due to management of variables including contractual notice for facilities, the profile of staff who are leaving and the potential legal proceedings'.

The report states:

The library users may commence legal proceedings against the Council by way of Judicial Review. This could also have implications for the date of closure of the six libraries

Councillors are reminded that a report on the implementation of the Project is not scheduled until April 2012

LINK to report

Library Consultation Whitewash

To misquote, there are lies, damn lies and Brent Council PR. The May edition of the Brent Magazine contains an article on Brent libraries. In contrast to its coverage of the 'Transformation' consultation it does state clearly that six libraries will be closed but it is the final paragraphs on consultation that will get library campaigners seething:

The consultation ended on 4 March and since then the council has been carefully analysing the results and has taken on board many of the suggestions and views of both library users and non-users.

As well as inviting comments, the council also made it clear that it would be open to any suggestions from groups interested in taking over the control from the council of any libraries threatened with closure.

The council did not of course take on board the views of 82% of consultees that the libraries should stay open and did not publish its criteria for community take over until after bids were submitted. Cllr Powney eventually made it clear that any takeover require the community campaigns to purchase the buildings from Brent, rather more that is implied by 'taking over the control'.

Brent Tories and Lib Dems Call for Extraordinary Council Meeting on Library Closures

Fast on the heels of Zadie Smith's denounciation of the Conservative-Liberal Democrat Coalition over library closures, Conservatives and Liberal Democrats on Brent Council have have today written to the Mayor of Brent to request an Extraordinary Meeting of the Full Council in order to debate the Library Closures in Brent fully.

The wording of the letter is as follows:

We must note the massive support from local people across Brent for the campaign to save local libraries, as evidenced by local activities and the petitions presented to Brent Council. It is also only fair that the Council debates the alternative proposals made by local groups to save local libraries in response to the limited options agreed by the Executive as part of their ‘Library Transformation’ proposals.

We therefore request an Extraordinary Meeting.

Support Cricklewood Library on Saturday and Bring Your Children

From the Save Cricklewood Library Campaign

What happened to the Mayor's cat, Ken ?
 
Local and London authors are sharpening their story-telling skills for the Read-In at Cricklewood library on Saturday
26 February (10.30-2pm,152 Olive Road NW2)

Supporting our story telling local resident  Ken Livingstone,candidate for London Mayor in 2012, by contributing their tales  are :

John Simmons - internationally known writer and teacher of writing for business and the contributing co-editor of 'From Here to Here' - 31 stories inspired by London's Circle Line amongst his numerous other books

Martin Francis - famous 'Wembley Matters' bloggist and organiser of environment education scheme 'Brent School Without Walls'

Anna Dolezal - well-known University of the Arts trained   local artist who has written five poems specifically for the  day

Jan Palmer -  retired local primary school teacher and artist whose children 'loved the library'

Graham Durham -  special educational needs expert consultant and secretary of the Save Cricklewood Library campaign

The event is open to all and is part of the campaign to prevent Brent Council closing Cricklewood Library and five other Brent libraries.

Teather on Library Closures - Wembley Consultation Tomorrow

Sarah Teather spoke on Radio 4's Any Questions? about Brent library closures LINK. Her views don't  seem to quite chime with those of Brent Council  Lib Dem Group. Thanks to More than Books for this link.

Brent residents can make their voices heard about the cuts, closures and increased charges at the Wembley Area Consultation Forum tomorrow, 7pm Tuesday January 18th. It will be held at Patidar House, 22 London Road, Wembley Central (just around the corner from the station).

'Soap boxes'  (individual 3 minute slots for residents to raise concerns) are held at the beginning of the meeting. Get there early to fill in a slip and hand it to an officer at the start of the meeting. You will need to give your name, telephone number, address and the topic you would like to speak about.

The leader of the Council, Ann John, will speak about Brent's budget and the impact of central government cuts from 7.15pm to 8pm. She will answer questions about the cuts. From 815pm until 9pm there will be a consultation on the Libraries Transformation Project/Closure Programme.