Equalities Commission gets involved in Brent libraries appeal

In a significant new development in the Brent Libraries Appeal,  I understand that the Equalities and Human Rights Commission has now got involved. The Appeal decision is likely on Thursday/Friday of next week,

The Commission have attached themselves to the Appeal on issues relating to the Council's Equalities Act duties and will be sending their own QC to assist Brent SOS Libraries legal representatives.

This could pave the way for investigation of other matters relating to the council cuts where campaigners have questioned whether the council has fully carried out their responsibilities under the Act.

Libraries appeal fast-tracked. Council to take no 'irrevocable' steps that would prevent the libraries being re-opened

The Council has agreed to take no irrevocable steps to prevent the six threatened libraries being reopened in the event of a appeal against the High Court's ruling succeeding. It is unclear whether that covers removal of stock and equipment and clarification is being sought. Meanwhile vigils at Preston and Kensal Rise libraries continue.

The appeal is likely to be heard early next month.

From  the Guardian:

A judge has fast-tracked an urgent hearing of an appeal against Brent council’s closure of six libraries.

Lord Justice Elias granted an appeal against a ruling made last week in the high court that Brent council’s decision was lawful. He ordered that attempts should be made for it to be heard before the court of appeal on two days early next month.

Brent council has agreed, in the meantime, to take no irrevocable steps to prevent the libraries reopening in the event of the appeal being won.

Campaigners have mounted vigils outside two of the threatened libraries, Preston Road, which has already been boarded up by the council, and Kensal Rise, to ensure they are not emptied of books or computers while the legal dispute continues.

"Whenever I hear the word culture I call in security guards"

Susan MacKenzie, Brent's head of the library service, yesterday supervised four security men to strip Cricklewood Library of books and IT equipment. The action happened on the eve of  legal attempts to limit such moves by Brent Council pending an appeal against the High Court decision in favour of the Council. There was a hasty attempt by local people to stop the action but the doors were blocked by the security guards.

Meanwhile the 24 hour vigil outside Kensal Rise Library continues and Preston Library supporters are calling for local people to join them outside the library to prevent the Council seizing books and equipment.

Brent Libraries : a demolition job

The Save Preston Library Campaign has issued the following ahead of Tuesday's Court Case

Brent Council’s executive is to meet tonight to vote on disposals of half of its library properties AHEAD of a High Court hearing to decide whether its library closures are lawful.

In the first legal challenge against library closures in the country, Brent library users’ case against the council will be heard in the High Court on Tuesday and Wednesday.

But in an extraordinary show of contempt for due legal process, the council intends to press on with the sales – and will vote on disposals on Monday night, the eve of the High Court hearing.


John Halford of Bindmans LLP, Helen Mountfield QC, Gerry Facenna and Edward Craven will argue that the council adopted a fundamentally flawed and unlawful, approach to the objective of making savings because it:

• STARTED from the false premise that library closures were an inevitability, closing its mind to reasonable alternatives

• FAILED to assess local need

• FAILED to comply with equality legislation, and its own impact assessment policies

• FAILED to disclose its criteria, and reasons, for rejecting alternative community-based means of retaining some or all of the libraries earmarked for closure.

This is a landmark case for library closures, and will define the view taken by the courts in the many legal actions that are waiting to go ahead up and down the country.  Cases from Gloucestershire and the Isle of Wight will be heard by the end of the year.

John Halford argues that the decision will have “serious, irreversible consequences” for those who rely on the six libraries.

“Given the importance of the decision for local people, the council was obliged to explore all the options carefully and make sure that it had accurate evidence about the likely impact of the decision, in particular on disadvantaged groups. If the council had approached the matter with an open mind and avoided the errors above, the outcome of the decision-making process could have been radically different.”

On the same day that Rupert Murdoch is grilled by the media select committee, this libraries hearing could heap further embarrassment on Secretary of State Jeremy Hunt, who has so far refused to intervene under the Museums and Libraries Act 1964, despite hundreds of complaints from residents and letters from Brent North MP Barry Gardiner.

This case exposes fundamental failings at Brent, which claims it needs to save £1m over two years from the libraries service, but continues to spend millions on trophy projects such as the new £100m Civic Centre at Wembley Stadium with its £3m mega-library.

Council leader Ann John has boasted of council investment in a £4m boulevard that will be created to lead visitors from Wembley Park Tube station to Wembley Stadium.

And at the same time Brent Council is spending between £1.2m and £1.5m PER MONTH on “consultants fees”.

Preston campaigners are acutely aware that the closure and sale of their library is not driven by efficiency, as Brent Council claims, but the need to push users to the new Civic Centre library (to create demand where none exists) and to increase capital receipts to pay for the project.

The outcome of the case could mean the council halting the closure programme and restarting the decision-making process.

Brent Library Closures - the final act?

There were gasps from the public gallery at last night's Scrutiny Committee last night when Cllr James Powney strode into the Council Chamber in what appeared to be an early 20th century beige Amazonian rain forest exploration costume. The gasps (of admiration or incredulity?) soon turned into gasps of shock at the man's sheer audacity when he responded to objector's representations on the closure of half of Brent's libraries.

He accused the chair of Brent Youth Parliament (see below) of not having read the hefty document on the Libraries Transformation Project and described their request as 'superfluous'. Cllr Helga Gladbaum drew mutters from the public when she said she liked the way students used tables and chairs in the Town Hall for studying. Kishan Parshotam had pointed out that during the Easter holiday there had been over-flow from the Town Hall library because of the number of students and asked what the impact would be on these numbers if six libraries closed. The BYP's request that the Executive ensure suitable study facilities be available during the 2011 examination period was reworded into a recommendation that they consider what provision could be made during the current examination period and was approved with three votes for, 1 Labour against and three Labour abstentions. There were four Labour councillors on the committee, 2 Lib Dems - including the chair, and one Conservative. Labour voted down the other two recommendations as a block and did the same for all subsequent recommendations.

The criteria for alternative business plans were the subject of a long debate when the Preston Community Volunteer Library proposer spoke of the difficulty of getting financial information from the Council in order to formulate plans. Her request for details had been treated by officers as a Freedom of Information request with a timeline that meant the data was not available before the submission deadline. A legal investigation as promised on whether that was lawful.

The council was also criticised for not making the criteria on which the plans would be judged public before the campaigns worked on them. Instead the plans were submitted before the criteria were published and it was therefore no surprise that they did not meet them. As if this was not enough Cllr Powney said they would all have failed anyway because proposals had to all to be at no cost to the council and that any handover of council buildings would be at an 'exorbitant' cost to the council. In other words the volunteer proposers would have to purchase the buildings. A recommendation that the Preston Community Library proposal be reconsidered after the proposers had time to reformulate it was rejected. A similar request from Kensal Rise Library campaigners was rejected as were requests that the timescales should be clarified in order to ensure there was no gap in service (the six libraries will close imminently but extended hours and other changes will take a long time to implement) and that school staff and students should be consulted further as so few has responded to the original consultation.

This latter caused a further debate. Only 8 of 79 schools had responded to an e-mailed survey. Preston Library campaigners over the last 24 hours had found that at least 10 schools had said they had not been consulted. Cllr Powney insisted that they had all been consulted and that in addition a meeting had been held with school literacy coordinators. He claimed that they may not have responded because they were happy that the Transformation Project would be an improvement but also that  'administration in the schools may not be effective'.  Cllr Lorber retorted that the likelihood of a response would have been reduced  if the e-mail did not make clear that the proposals were about the closure of six libraries. Sarah Tannburn, in the absence of library officers who were on holiday,  confirmed that the title of the e-mail referred to 'Transformation' but 'as I recall' some of the 15 questions referred to closures. Lorber said if the the letter had been explicit about closures, schools would have responded.

A final recommendation from Paul Lorber that the Neasden library closure be reconsidered as the library's profile did not fit with the closure criteria and that Dollis Hill residents were faced with closures at both Neasden and Cricklewood, was rejected.

Cllr Powney concluded by saying that consultation respondents were not representative of either library users in particular or residents in general, consultations were not referendums and that the council could not merely comply with consultation outcomes as they would be in breach of regulations about council efficiency, securing best value, and other legislation. He was sure that the proposals would result long-term in an increase in library usage, study space and IT provision.

URGENT - library consultation critique needed by noon tomorrow

The Kensal Rise Library Users have put out an urgent call for feedback to to their legal advisers concerning the Council's consultation on libraries. The feedback is need by noon tomorrow (Monday 18th April). Send to kensalriselibraryusers@hotmail.co.uk

1. in what ways is the statistical information about use of the
 libraries up for closure misleadingly presented in the officers'report?:

2. what relevant information about local needs and impact of the
proposed closures could the Council gave gathered, but did not (e.g. the
views of schools, the Education Dept., regular users who were
disproportionately under represented amongst consultation responders)
and what difference might that information have made?;

3. what else is wrong with the needs assessment included in the
officers' reports?;

4. the impact of the six closures on use of the remaining libraries (and
indeed the impact of the future planned closure of one of the remaining
ones) does not seem to have been analysed. This seems to be a serious
shortcoming. In your view, if the Council's plans are successful and all
those who currently use the six libraries up for closure do use the six
remaining ones, will that be practical? If not, what particular problems
will there be;

5. are there groups that can be defined in terms of race, gender,
sexuality, disability and religion whose particular needs are met by one
or more of the libraries up for closure, but will not be in future and
have not been taken into account in the equality impact assessment: and

6. what comments the public made in response to the consultation (by any
means - i.e. in meetings or written submissions as well as on the
on-line questionnaire) that were either not passed on to the Cabinet, or
were summarized in a misleading way?
 

Town Hall Library Closes Its Doors

No, it's not closing down, just shutting early on Monday at 5pm.  There is a notice posted on the library door that says this is due to the Executive Meeting being held at the Town Hall that evening. The Town Hall Library is usually open until 8pm on Mondays.

Public attendance at the Executive will be limited to 48 ticket holders.  Tickets will be distributed on a first come, first served basis,  from around 6pm and will be given out at the Town Hall door.

The Executive is making a decision on library closures and the Council clearly expects a large attendance of library campaigners. 48 is rather a small number compared with the more than 9,000 people who have signed Save Library petitions: perhaps the Council should have held the Executive at the Wembley Arena!

Council call police in as they close Charteris

From the Save Charteris Sports Centre Facebook page:

As most of you are aware, Charteris ceased operations on Thursday, March 31st. Council, in a last act of thumbing their nose to all of those who worked hard to keep it open and have supported Charteris over the years with their patronage, shut the centre in the middle of the afternoon rather than their normal 10pm closing time. They brought police officers to shoo everyone away and a work crew to board up the premises. The staff weren’t even alerted in advance. Evidently, they can’t imagine that those of us subject to their budget cuts and trapped by their inability to imagine another course of action could actually leave quietly and respectfully, as we would any other night. Shame on them.

It is likely that the Council feared that the premises may have been occupied by campaigners ahead of closure. Next step libraries?

Zadie Smith Attacks Government Over Library Closures

Local author Zadie Smith launched a scathing attack on the Coalition government over library closures this morning in a 'radio essay' on Radio 4's today programme. She describes the importance of books in her childhood home 100 yards yards from Willesden Green library, many of which bore the imprint of the library and were returned in two black bags when the library held an amnesty!  She concludes that perhaps the government is happy to see libraries close because in the future people will be unable to read about their attack on public services.

The essay launches a debate about the issue which will carry on during the week.  To listen to the essay follow this LINK

Local Press on Council Cuts

Here is another round-up of the local press on cuts. Don't forget there is a demonstration against Brent Council cuts organised by Brent Fightback from 6pm on Monday February 28th outside the Town Hall. WWO is the Wembley and Willesden Observer and WBT the Willesden and Brent Times. These are only brief notes so do buy the papers for the full story.

CUTS     - CHILDREN
LIFELINE FOR SPECIAL NEEDS UNDER THREAT WWOp1  KIDS HIT BY LATEST CUTS WBTp1 Contrary to the Council's commitment to protect the front-line the portage service, which aims to give children with disabilities an equal chance in life is to be cut. A council spokeswoman admitted the service was important but said it was not legally required.
'RESTRUCTURING WON'T HARM CHILDREN'S SERVICES' WBTp2  PROMISE NOT TO CUT SURE START, BUT NO TO NEW CENTRES WWOp10  Despite cuts of £2.25m in children's centres, and not opening those at Sudbury, Cricklewood and Kingsbury. Denise Burke, Brent early years and childcare manager,  maintains that they will not affect the service and Cllr Mary Arnold says that young people are the victims of 'right-wing slash and burn attitudes to the welfare state' but expresses pride that 'we have found a way to protect all our centres'. However Sarah Teather MP, says that the government has put the same amount of money into the Sure Start pot but Brent Council has withdrawn £2.25m. She says children centres, services and staff are at risk.

CUTS - LIBRARIES
LIB DEMS: WE CAN SAVE LIBRARIES WBTp2, OPPOSITION'S ALTERNATIVE BUDGET TO SAVE LIBRARIES AND CENTRE WWOp11  Lib Dems propose an alternative budget to the one being voted on on Monday. They propose axing the regeneration budget and using £2.2m Labour were going to put into reserves. the would not replace the director of housing, reduce the administration costs of the neighbourhood working scheme and remove the London Weighting from Hay Grade salaries.  Cllr Muhammed Butt says that the £2.2m put into reserves is a one-off grant: "If we use it this year what do we do next year? This is not spare cash." The Lib Dems claim their budget would enable libraries to stay open for a year while alternative plans are formulated to keep them open, they'd reinstate green zones, cut £1m from the CPZ charges, save the Welsh Harp Centre and reverse the children centres cuts.
MP ATTACKS PLANS TO AXE HALF LIBRARIES IN BOROUGH WBTp4 'CUT SALARIES BEFORE YOU CLOSE LIBRARIES' WWOp5  Speaking at the Save Preston Library public meeting, Barry Gardiner MP attacks Cllr Powney over library closures and says libraries are essential to any civilised society. He questioned why there are 50 people in Brent Council who earn as much as Eric Pickles.
WE BACK THE LIBRARIES BATTLE WBTp17 Brent Arts Council backs the Save Our Libraries campaigns.
CLEAR SUPPORT FOR ESSENTIAL PUBLIC SERVICE WBTp17 A Queens Park residents calls on the Council to listen to residents and adapt their policy on libraries accordingly.

MP'S VIEWS ON LIBRARY POLICY QUITE RIGHT WBTp17 Richard Cross attacks Cllr Ann John for suggesting that libraries not so important now that books are available at supermarkets, second hand and from Amazon.
NEW TORY COUNCILLOR WILL FIGHT TO KEEP BRENT LIBRARIES OPEN WWOp10 Suresh Kansagra, who won the Kenton by-election. pledge to keep fighting against library closures.

CUTS - SPORTS FACILITIES
'USE IT OT LOSE IT' BID TO SAVE SPORTS CENTRE WBTp5 Simon Rogers of Brent Eleven Streets Residents Association seeks to save Charteris Sports Centre, the 'only community space' in the area and calls for the community to take it over. He says the worst scenario would be if the council gave them the centre without support 'but the most important thing for us is to keep the doors open'.
ANGER OVER THREAT TO LEGAL CENTRE WBTp7 After 'transformation project' as the word for library closures Brent Council has coined 'decommissioning' as the term for closing the Brent Law Centre. Former  Labour and Conservative councillors as well as current Lib Dems combine to criticise the move and say it will store up problems for the future. OUR VIEW WBTp17 Editorial making the case for the Law Centre and saying Monday's council meeting should not vote to cut it.

CUTS - PARK WARDENS
FEAR OF 'NO-GO AREAS' IF PARK WARDENS CUT WWOp13 PARC (Park Area Residents Campaign) are fighting to save the warden of Brent River Park (Tokyngton Rec. Monks Park) and fear that without the warden it will not be safe for families. Ten people will lose their jobs in park warden cuts and will be replaced by mobile teams.  Cllr Ann John campaigned for wardens eight years ago but says she has been forced to cut the funding and has no choice but to balance the books. She says if funding increases, wardens will be top of the list for reinstatement.