Brent library privatisation hits the front page and two men named James disagree about what it means

The Kilburn Times (above) puts the possible privatisation of Brent libraries management on its front page.  Management would be handed over to a charitable trust although details are not clear.

The story was first covered on Wembley Matters on January 4th LINK (Will privatisation of Brent Council's  library management damage the service?)  and I published an extract from a blog by Alan Wylie, veteran library campaigner, who made these points about the leisure companies or trusts:

What a Leisure Trust means in practice:

• Leisure services are outsourced to a separate organisation/company. 
• The Council retains ownership of the facilities, which are leased to the Trust.
• Virtually all the savings come from rate reductions and VAT savings, which are much smaller initially because of the high set up costs. 
• Direct democratic control of the service will cease - elected member representation on a trust is limited to less than 20% of the board.
• Company law requires that Board members must put the interests of the leisure trust before those of the local authority. 
• After a year the Trust will usually cease to use council services and will be responsible its own procurement and contracting or corporate and other services.

The move, ostensibly, is to save £160,000 in rates (trusts get charged 80% rather than the 100% the Council will pay), although this is a loophole that may well be closed.

Margaret Bailey, chair of Friends of Kensal Rise Library, told the Kilburn Times that privatising services often ends up costing more:

Savings made on the 80% (rates) rebate will be minimal   and certainly not enough justification for privatising the service. I wish local authorities would fight these cuts together - and harness the support of their communities to do this.

 I agree.

Cllr James Denselow, now in charge of libraries under his Stronger Communities portfolio claims its a change in management structure, rather than privatisation and  'saves us a huge amount of money with rate changes'.  He recognised the sensitive nature of the changes and said the Council would do 'only if we find it's the right thing for us, for our libraries..and our communities.'

James Powney, whose blog has become a lot more interesting since he left the Council, wrote a article on the issue on Thursday morning LINK

Cllr Powney of course was the lead member when half of Brent's libraries were closed. He said that the wording of the officers' report ('established trust') suggests an existing body and the obvious one is that which currently runs Ealing and Harrow libraries:

The phrase "transfer management" suggests something more ambitious.  Not just founding a Trust but having the management taken over by a private company as in Greenwich or Hounslow.  This would be a lot more complicated.  A full procurement would need specification of a contract and a full tendering exercise for what would be a sizable contract.  In itself that would be a substantial one-off cost.  The Localism Act appears to have made this whole issue even more complicated than it was before.  The redundancy of senior management is likely to make the whole process even more difficult. 

This option was discussed when I was on the Executive, and rejected.  The business rate saving was largely a piece of accountancy smoke and mirrors (I understand that the rules may have been partly changed since then), and it seemed to me that all the things a private firm could do to cut costs could also be done by the Council.  Of course, having direct employees also gives you more control and we wanted to ensure the success of the Libraries Transformation Project by having hands on management.  Therefore we only went for the Sports Centre part of the project. 

The two James clearly have different perspectives and it will be interesting to see how this pans out. Meanwhile library staff are rightly concerned about what these vague proposals mean for them, their working conditions and their pensions.  The public should be concerned about what it will mean for the quality of their library service when the number of libraries has been halved and the council are proposing to cut the amount spent on book stock.

Kensal Rise Library fails to meet reserve price at auction

Kensal Rise Library put up for sale by owner Andrew Gillick, failed to meet the reserve price of £1.25m at auction today.

Two bidders stuck at £1.2m and when the reserve price was not reached were invited to meet up with Gillick's representative by Allsops the auctioneer.

Allsops were aware of controversies surrounding the sale and background documentation available for inspection, which was said to be about three inches thick, included the fact that 'caretakers' were on site.

Among those who attended the auction were Meg Howarth, Margaret Bailey of Friends of Kensal Rise Library and  Nathalie Raffray, a reporter from the Kilburn Times.

The auction was livestreamed to the public.

There is an update on the Save Kensal Rise Library website HERE

Late addition. Here is Brent Legal's view of the auction as sent to Friends of Kensal Rise in December 15th:

 

Police investigation into fraudulent emails not concluded but Kensal Rise planning application goes ahead

Curioser and curioser - Kensal Rise library occupied by tenants despite no change of use granted

Despite calls for the Kensal Rise Library planning application to be postponed until the police investigation into fraudulent emails has been concluded, the new application (by the same developer) will be heard at Brent Planning Committee next week.

For those without long memories, here is how the issue was reported by the Kilburn Times at the time of the last application, just 8 months ago LINK :

Council chiefs have called in the police over claims that emails supporting plans to develop an axed library branch were faked.

The action has been taken after an investigation by Brent Council into the allegations surrounding Kensal Rise Library concluded the case should be referred to detectives.

The council’s IT officers scrutinised the emails including IP addresses which are exclusive to each computer.

Cllr Roxanne Mashari, Brent Council’s lead member for environment and neighbourhoods, is responsible for libraries.

She said: “The council compiled a report after their own investigation and we have handed this over to police.

“Abuse of Brent’s planning system will not be tolerated.

“This has now escalated into a police matter and we await the outcome of the police investigation.”

In September, a council report added strength to claims by campaigners Friends of Kensal Rise Library (FKRL) that false statements were made against its fight to retain the Bathurst Road building for community use.

The report stated that when email notifications were sent to everyone who made a statement about the plans on the council’s website 78 were returned as being undelivered with 70 of those belonged to ‘supporters’.

Andrew Gillick, the director of Platinum Revolver Limited which took over the building from owners All Soul’s College in Oxford, hit back with claims that false objections against the application had also been posted on the council’s website.

He had applied for permission to convert the site into six flats, a cottage and a community hub but it was rejected by the council.

Margaret Bailey, chair of FKRL, said:

“We applaud the action of our council and it’s willingness to take seriously this attempt to subvert local democracy and mislead the public.

“Our community is strongly against this development for the library building and these fraudulent emails of support for the development were an attempt to divide and denigrate this community.

“Fraud is illegal and we support a thorough investigation by the police.”

Cllr Mashari added: 

“We must keep our eyes on the end result of securing a community library at Kensal Rise.

“I am ready to work with the community and any stakeholder to ensure that this happens and that it is viable and sustainable.”

The alleged illegality seems to have been forgotten, or swept under the carpet, with both Brent Council Planning officers and FKRL supporting Gillick's new application.

It appears to me that whether one is for or against the revised application, until issues around the previous application by the same developer have been cleared up, it will be tainted and should not be tabled.

What price Brent Council's commitment to preventing the subverting of local democracy? Sarah Marquis, with no previous experience as a councillor, but with experience as a lawyer, chairs the Planning Committee.

What does she think?

Blunt speaking in favour of Friends of Kensal Rise Library

Guest post by Gaynor Lloyd
 

OK, I had decided to hold back from comment on this. I am "just" a Brent SOS library campaigner from the other end of the Borough. I have  been involved more or less from the beginning but "my" library is Barham - which Brent Council and its Labour councillors treat somewhat differently from Kensal Rise. However, I am not bitter! I rejoice at the return of ANY library to the Brent library circuit and look forward to Kensal Rise re-opening even if it is “only” on the ground floor. I apologise if that offends some people and can take being told to butt out..

But I claim some right to comment from a position of knowledge. In my working life up to retirement last year, I was a commercial  property lawyer, experienced in development, sales and landlord and tenant matters in a Central London firm for over 33 years – including “against” the solicitors All Souls use – Farrers. I acted for P&O, Chelsfield, Laing, Sun Life Assurance and many developers and investors small and large. 

I was “lucky” enough to be allowed to go to some of Cricklewood ‘s meetings - including at Savills with the Cricklewood team, where I met the (in)famous Mr Seaman and his advisers, and also – in a  separate meeting – the legendary Mr Gillick.

The day that All Souls exchanged contracts with Andrew Gillick’s property company in respect of the Kensal Rise Library, the die was cast in terms of what bargain could be made for the library. People may not like it but that is the position at law. Nobody at Kensal Rise – the Friends of Kensal Rise (FKRL) or otherwise – nor at Brent Council had any control whatsoever. The legal position is what it is. All Souls sold to Andrew Gillick’s company. The contract was not subject to planning, and Gillick could buy, with the only protection for the library as set out in the Option Agreement. Thanks to the campaigners’ persistence, that Option Agreement has become public – but only just. FKRL had no knowledge of what protective provisions there might be to preserve their beloved library. They had no power whatsoever to impose anything, or change what All Souls  and Gillick had agreed.

However, thanks, in my view, to the fantastic campaigning by FKRL, through its Trustees and the community– it turns out that – All Souls kept back a provision for community space in that Option Agreement – essentially the binding contract for the disposal (as Gillick exercised his option). The Trustees – from the sight I have had as a member of Brent SOS steering group from the beginning have, in my opinion,  played an absolute blinder with constant risks and with essentially a blooming awful hand once Brent was daft enough to trigger the reverter. What they have achieved thus far was  against impossible odds 

 The provisions as to space and terms on which it can be obtained for community are set in the contract. It simply was not possible for anyone to improve on that position. All Souls and Gillick entered into their Option Agreement . FKRL was not and could not be at the table for that agreement. Essentially, that was that. All that hard work to get Kensal Rise classified as an Asset of Community Value was defeated. FKRL had no position from which legally to negotiate.

So – sorry for my bluntness – but the Trustees of FKRL couldn’t change that. Anyone who thinks that  it was in the legal control of FKRL to get any better position is plainly wrong. The contract between All Souls and  Gillick’s company is enforceable in law, and FKRL has no standing in that contract.

If people want to object to the planning application, that is up to them. There may be tactical considerations but it is hardly my place to comment on that – I don’t know all the facts nor am I a Kensal Rise campaigner nor resident in Kensal Rise. But – from the (involved and caring) outsider’s position, forgive me for saying this. The Brent SOS campaign has brought so many magnificent hard working people together, forged alliances across party lines and worked very hard for the public of Brent . Because of that, Kensal Rise MAY well actually get a library. Can people celebrate that? I am sure that they will work together to ensure that will happen.

But may I personally pay a huge tribute to my chief contacts – firstly, the truly magnificent, totally committed, fearsome and fearless - and hard working beyond all measure - Margaret Bailey   Apart from all her physical work  along with others “manning” the much lamented and iconic pop-up library, I have been in contact with her, as she sat up all night for days getting documents drafted and  in , e.g. on the planning) .And  - let us not forget – it was Margaret. who took the risk on the court case in her name. As a lawyer, I understand the courage and genuine risk  of that - however much she may minimise it, in her inimitable fashion.   And, of course, Laura Collignon , who has  in addition to all her work in the complex, lengthy and multi-layered campaign for Kensal Rise, marshalled the mixed , feisty and totally committed  members of the Brent SOS  overall  steering group in some of the best run meetings I have ever witnessed .  

Two women who truly deserve accolades for the extraordinary position that FKRL has got itself to. (With many apologies to those who have doubtless also worked very hard in the campaign!)

Kensal Rise campaigners appeal for funds to strenthen their All Souls bid

 The Save Kensal Rise Library Campaign today launched an appeal, locally and nationally, to ask for pledges to help the community secure their library. 

The appeal immediately attracted a 10,000k pledge from Daniels Real Estate Agents who have supported the campaign since it began. Other pledges so far have been made by local people.

The group who have been campaigning for almost two years to save their library urgently need financial support to strengthen their bid to All Souls, the Oxford College that ownership of the building reverted to after its closure by Brent Council. 

Paula Gomez Medina a Trustee of the group said today,

We need to raise funds to secure the first year of operations, which includes urgent repairs to the building. We have a strong business plan and are confident we can make the library self-sustaining in the long-run, but we need the help of our supporters now. We are asking residents, friends, businesses and supporters to pledge a donation towards our target of 70K. 

We need these pledges urgently - by September 7th when our proposal needs to be with All Souls College.

We will only collect payment if our bid to All Souls is successful. If we are unsuccessful people will not donate anything.

In return for support the group are offering supporters a chance to become permanent public benefactors of the library.

Name on the wall (large) £1,000 Name on the wall (smaller) £500 Name a shelf £300 Sketch (+name) of you in the library crowd £100 pp Sponsor a chair £50 Adopt a book £20 Other 
Details about how to make a pledge can be found on the campaign website www.savekensalriselibrary.org

The Co-Chair of the campaign, Margaret Bailey, added:

 Support from the local community and beyond has sustained this campaign. People cannot doubt the seriousness and commitment of this community to have a library at its heart. We have all fought hard and long. We hope we can rely on the generosity and goodwill of the many people who agree about the importance of libraries to the well being of civilised communities.

As Mark Twain who opened our library said, "Lack of money is the root of all evil". We have been put in the position where our fight is not enough, and we need to find finance to prove ourselves.

 The Appeal follows Councillor Powney's claim on his blog LINK that campaigners have given up their fight for a library on the site.

Jeremy Hunt rejects Brent libraries judicial review

Legal advisers at the Department of Culture Media and Sport have comprehensively rejected the request for a Judicial Review of the Brent library closures and the complaint that the department's response has been tardy.

In their letter the Treasury Solicitor Legal Advises say:

(The secretary of State) is minded to conclude in all the circumstances that there is no good reason for an inquiry; and that the implementation of these plans will not place Brent in breach of its section 7 duty. The following matters seem to him at present particularly to support that conclusion:

i) The planned proposals are based on a comprehensive library service review. The manner in which the decision was taken was assiduous in its consideration of all the various interests at play. It was, as the Courts have now confirmed, lawfully taken
ii ) Brent have taken the approach of modernising their library service by concentrating resources on what it judges to be the best located and most used libraries. The libraries that will remain open will afford wide accessibility.
iii) Increased opening hours will operate at some of the facilities that Brent intends to retain.
iv)Improvements will be made to the outreach and home delivery services.
v) Library book stock (including e books and audio downloads) is set to expand.

 Margaret Bailey, who had lodged the claim for a judicial review, is given 14 days to make representations on this 'minded to' decision. The letter was dated February 14th Clearly this is a setback to Margaret and other library campaigners who have pursued the issue with such commitment, imagination and vigour. I can only express my admiration for their determination and wish them well as they consider what to do next.

The DCMS motto is 'improving the quality of life for all'...

Full copy of letter HERE

Library campaigners determined to appeal

The BBC quoted campaigner Margaret Bailey on the next steps:

Margaret Bailey, a spokesperson for the Brent Libraries SOS campaign, said: "We are obviously disappointed with the decision given by the judge today. We are determined to appeal."
She said: "We believe that there are important points of principle at stake which an appeal court will decide differently.

"Our campaign will redouble its efforts to expose the senselessness of Brent Council's decision to close half of its libraries.

"In the meantime, we demand that in light of the serious concerns raised by local residents, Brent will take the time before closing the doors of any library to properly consider the options proposed by local groups to preserve local library services, and open a dialogue with those groups to find constructive solutions for our communities.

"Brent Council has already spent over £70,000 of residents' money on this legal case and they should not waste any more money in pursuing a library closure policy that the vast majority of Brent residents oppose."

Paul Lorber, leader of the Liberal Democrats on the council, said: "We are determined to save our libraries in Brent irrespective of what the Labour administration is doing."

Shahrar Ali, Green Party GLA candidate for Brent and Harrow, said: "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."
The Department for Culture Media and Sport said it was considering the judgement.