Tuesday, 6 September 2016

Now Barham Community Library faces difficulties

We have already covered the threat to Preston Community Library and allegations from the volunteers that Brent Council leader Muhammed Butt has broken an election promise, now the Council is in conflict with Friends of Barham Library (FoBL).

Tomorrow the  Barham Trust will consider a report (extract below) which gives details of a dispute over a rent free period and the fitting out costs for a community library:
The Trust Committee decided to grant the lease in respect of Unit 4, The Lounge, to The Friends of Barham Library (FoBL) at its meeting on 8 October 2015 on the general terms set out in the marketing particulars and the specific terms offered in the bid submitted by FoBL. The marketing particulars did not offer a rent free period. Nor did the bid submitted by FoBL propose a rent free period for the first year of the term of the lease.
Subsequently, during the lease document preparation process, the FoBL requested a rent free period. The FoBL argued that the Vets had been offered a 12 month rent free period and therefore in the interests of fairness they should be offered the same terms. The FoBL also relied upon the fact that in order for them to operate their library services they would need to incur substantial fitting out costs.
Consistent with the Trust Committee’s decision, the Heads of Terms prepared by the Council and dated 19 January 2016, and which the FoBL agreed, did not include a rent free period. However, a draft lease prepared by the Council in March of this year inadvertently included a 12 month rent free period. According to the FoBL the inclusion of a rent free period was not a mistake. They argue that they asked for it and it appeared in the lease and therefore it has been agreed and they have relied upon it in good faith and to their detriment ever since.
The Council would maintain, however, that a rent free period has not been agreed. It was obvious to officers that the basis upon which the Trust Committee decided to grant a lease to the FoBL did not permit officers to forfeit rental income totalling £7,000. In the circumstances, there can be little doubt that officers had neither the actual or ostensible authority to do so.
The officers concerned have confirmed that a rent free period had not been agreed and the extensive correspondence between the Council and the FoBL bears that out. The inclusion of the rent free clause in the lease was a mistake and when it came to light, albeit some months later, the FoBL were informed.
The Council’s Heads of Terms were expressly marked ‘without prejudice’ and ‘subject to contract’. Although the draft copies of the lease were not, in accordance with legal convention and general legal principles, they did not need to be. A draft lease, contract etc. has no legal force and is not legally binding during the drafting process. It becomes legally binding upon its completion. If a prospective tenant chooses to incur expenses and changes their position on reliance of a draft lease, they do so at their own risk.
The various Units at Barham Park have been let individually and subject to different letting processes and terms depending on the different commercial and other considerations unique to that Unit. The contention that FoBL should have a rent free period just because it has been approved in respect of a different Unit is not sustainable. Different terms for different Units do not amount to unfairness.
FoBL competed in an open competition in order to realise their ambition to take up occupation of the Lounge. A rent free period was not on offer and no such concession was requested prior to the acceptance of the successful bid submitted by FoBL. In these circumstances, it is incumbent on all bidders to anticipate start-up and running costs in any bid submitted to ensure that bids can be assessed on an equal footing.
In the circumstances, the Trust Committee need to consider whether to grant a rent free period to FoBL and, if so, for how long. This is a matter for the Trust Committee to decide consistent with the Council’s obligations as trustee which include acting in the best interests of the Trust and in accordance with its fiduciary duties. The Council also has to act in accordance with public law principles.
Whatever the technical legal arguments, as the Trust Committee will appreciate, there is considerably more at stake. The letting of the Lounge has already been a protracted process demanding a disproportionate amount of resources both at Trust Committee and officer level. Any further delay will only add to the costs incurred by both the Council and the FoBL.
If the Trust Committee were to agree to the request for a rent free period, the Trust would suffer a loss in rental income. The amount would of course depend on the period. A 12 month rent free period would cost the Trust £7,000.
In addition, the Trust Committee should note that during the lease negotiation period, the FoBL sought permission “to move items in for storage” because they had to vacate their former premises. This was allowed and since then, in preparation of their occupation, FoBL have already incurred fitting out costs. This, they would argue clearly evidences their commitment to complete the lease and ensure they can be up and running without any further delay.
That being the case, it is equally important from the point of view of the Trust that the impasse between the Council and the FoBL is resolved once and for all. It is suggested that the FoBL be given the opportunity to complete a lease of the Lounge on the terms set by the Trust Committee by no later than 16 September 2016. If the lease is not completed, it is suggested that the offer of a lease to the FoBL be withdrawn and that the Trust’s Property Adviser be authorised to review the other bids received in 2015 and return to the Trust Committee with recommendations

You may think fair enough, independent Trustees will be able to adjudicate but all the Trustees are members of the Brent Labour Cabinet and the chair is Margaret McLennan, deputy leader of the Council.




Lack of BME teachers in English schools revealed but Brent presents a better picture

From Bureau of Investigative Journalism

Analysis by the Bureau of Investigative Journalism has revealed a chronic lack of Black and Ethnic Minority (BME) teachers in English schools.

The Bureau found that:

Just 7.6% of teachers in state schools in England are people of colour compared with almost 25% of pupils.

97% of English state school headteachers are white.
Teachers are only fractionally more ethnically diverse than MPs in England.


South Tyneside, Newcastle upon Tyne and Middlesbrough need more than a tenfold increase in the number of BME teachers for staff to reflect their pupil populations. (See attached spreadsheet for full league table).


Responding to the findings, Chris Keates, general secretary of teachers union NASUWT said: “It is clearly unacceptable and it is also disgraceful. Education is such a powerful determiner of life chances. All children and people working within education should be treated with dignity and with access to equality. That clearly is not happening.”

The lack of BME teachers making it to leadership positions is seen as a major deterrent to would-be recruits. “There is a lack of fair and transparent recruitment procedures for interviews and a lack of awareness training for schools on equality issues,” Keates said.

Professor Alistair Ross from London Metropolitan University agreed: “You can’t put your finger on a single appointment and say “that’s a racist decision” but if you look at the disparity of outcomes nationally then there is the presumption that racism, perhaps unwittingly, is taking place.”

Attitudes to teaching from within the BME community are also regarded as a factor. Figures obtained by the Bureau show that only 13% of postgraduate trainee teachers in the 2014/2015 academic year were BME, compared with 35% of people studying medicine, dentistry and law at higher education institutions.

“Amongst the Asian community teaching is thought not to be regarded highly,” Ross said. “Law and medicine are considered much more reputable professions to go into from your family’s perspective. But I would expect that pressure to weaken as generations move on.”

“Part of the solution is to actively encourage young people from BME backgrounds to consider teaching as a valuable profession and at the same time, to talent spot and nurture BME teachers to consider taking up leadership positions,” said Leora Cruddas, director of policy at the Association of School and College Leaders.

A DfE spokesperson said: “We trust school leaders to recruit the right teachers for their classrooms but we are clear that good teams should reflect the diversity of their communities. The percentage of Black and Minority Ethnic (BME) teachers is at its highest level on record, and the percentage of BME trainees on postgraduate training course continues to rise.

“We are investing millions of pounds to attract the best and the brightest into the profession, regardless of their background, and we’re also expanding Teach First to get more top graduates into teaching in some of the most challenging parts of the country.

“By supporting schools to recruit and retain the high quality teachers they need, we will ensure every child has an equal opportunity to reach their full potential.”


Added comment from Wembley Matters editor, Martin Francis.

The figures for London and for Brent are rather better perhaps indicating how different London is becoming from the rest of the country. This is particulalrly interesting in view of the widely acknowledged success of London schools.


Ratio of BME students to BME  teachers
Borough
% of BME students
% of BME teachers
2.1
Brent
76
37
2.3
Harrow
72
31
2.4
Hackney
66
28
2.4
Ealing
69
29
2.6
Lambeth
69
27

2.8
Barnet
48
17
2.8
Southwark
70
25
3.2
Hammersmith & Fulham
57
18
3.2
Islington
57
18
3.5
Camden
60
17




What employees say about working for Brent Council

A survey of Brent Council employees that will be reported to the Equalities Committee presents a mixed picture showing that although there are areas of strength there is still much to be done. Below I present the 'Headline' findings and those relating to employees with a disability. The latter is particularly concerning. The full report can be accessed at the end of the article and deserves close scrutiny

It will be discussed at the Equalities Committee on Monday 12th September, 6pm, at the Brent Civic Centre.



Figures in brackets are the Council average

A Brent treasure: Roe Green Walled Garden Open Day Saturday September 10th



There will be an  Open Day at Roe Green Walled Garden in Kingsbury on Saturday September 10th from 10.30am until 4pm. This is another Brent resource, passionately supported by volunteers of the Barn Hill Conservation Group, that deserves to be better known. To whet your appetite here is some background from the Group:
Roe Green Walled Garden
The little known oasis is located within Roe Green Park, Kingsbury next to Kingsbury Manor House.

In order to locate the garden start opposite the junction of Kingsbury Road with Valley Drive and follow the road into Roe Green Park, bear left at the fork and continue to the Walled Garden. Buses 183 and 204 stop by the junction; and Kingsbury tube station is nearby.

History
The garden was originally part of the estate of the house now called Kingsbury Manor. The house was built in 1899 for the Duchess of Sutherland and her third husband Sir Albert Kaye Rollit, who was M.P. for Islington from 1886 to 1906. It was then a country house, surrounded by farmland, and was called 'The Cottage'.
By 1909 the house was occupied by Countess Bubna, daughter of the Duchess; it later changed hands several times. In 1929 George Cloke bought the house and changed its name to 'Kingsbury Manor'. He sold the house and grounds to Middlesex County Council in 1938, and the house become a home for elderly people, while the walled garden was part of a Council Depot used for the training of Parks staff. 

John Logie Baird, inventor of television, rented the nearby Coach House in 1928. It was there that he received the first television signals from Berlin. The concrete bases of his two television masts can still be seen near the building, which is now used by the Nursery. 

In 1989 Barn Hill Conservation Group were offered the use of the facilities, including the workshop, greenhouse and cold frames, and agreed to look after the garden. It was then in a rather neglected state, and members of the Group worked every Thursday morning to tidy and improve it. 


The Group's tree nursery was established just outside the garden, growing trees from seed collected in Fryent Country Park. The young trees have been used to replant some of the old hedgerows there. 

Several new features were introduced, one of the first being the organic vegetable garden. Compost containers were built to recycle the weeds that seem to grow everywhere. Another recycling project was the dry-stone wall, constructed in the traditional way, but from rubble instead of stone. 

A new pond was dug to encourage wildlife - frogs, toads and newts - while the old round pond was left for the fish. Homes, from recycled wood, for a variety of creatures, can be seen in one corner, and birds are encouraged by nest boxes and feeders. 
Awards and Financing
The Green Flag Community Award (formerly Green Pennant Award) recognises high quality green spaces that are managed by voluntary and community groups. The Award is part of the Green Flag Award scheme (Keep Britain Tidy), the national standard for quality parks and green spaces. Each site is judged on its own merits and suitability to the community it serves. Awards are given on an annual basis and winners must apply each year to renew their Green Pennant status. Roe Green Walled Garden has won this award each year since 2005. 
Barn Hill Conservation Group have received a number of grants through the years to improve the garden - one to pave the area outside the workshop, another to re-point the East wall; but our largest grant was for our new Conservation Centre building (now named 'The Cottage' after the name of the original manor House). This new building is proving to be a great asset, and for which we give many thanks to the National Lotteries Charity Board.  The Group have also been given a grant from Brent’s Ward Working which was used to part finance a gazebo, and more recently a grant form Santander which will be used to help finance a greenhouse/classroom.  In addition to grants and donations the group are also financed from sales of bric-a-brac, books, plants, logs and wood-craft.
Current details

The Walled garden, has been maintained by the Barn Hill Conservation Group (a completely welcoming and inclusive group) since 1989, is a wonderful tranquil and peaceful area to sit, walk and browse with free entry open every Tuesday Thursday and Saturday between 10 and 2. 

The gardens enjoys visits from the local schools and other community groups

It is home to Great Crested newts, a Bee Hive and a constructed home for bugs and insects 

 

Events 

The group host several open days during the year and two years ago hosted a Russian Tea Ceremony which was presented from a Russian Group that made Kolomna Pastila using British apples to discover the tastes of the time of Dostoyevsky and Tolstoy. 

Our next open day is Saturday 10th September 2016 between 10.30 and 4, but is also open for visitors on Tuesday’s Thursday’s and Saturdays between 10 & 2.

Further Information



The group also do conservation every Sunday on Fryent Country Park a list of meeting places and events can be found on our website http://www.bhcg.btck.co.uk/ or contact can be made by phone on 020 8206 0492 or email barnhillconservationgroup@gmail.com


Monday, 5 September 2016

Brent plans to take bailiff service in house but with a twist or two

The Brent Cabinet will consider taking debt enforcement in-house as out-sourced contracts end. The aim is for the Council to retain the fees generated by each enforcement warrant issued.


The report suggest that a fairly conservative 17.5% collection rate would cover the costs of the service:

Parking would not be incorporate into the scheme at present.

The first twist is that the Council wants to employ its Enforcement Agents outside the usual borough employment terms and conditions which is something local government unions are likely to oppose. The report argues that other Councils, in order to compete with private debt enforcement firms, employ their workers on a low flat base salary, topped up with performance related pay, which is the industry norm. They argue that one one borough, Lewisham, which offered standard conditions on PO3, lost agents to Croydon when it offered performance related pay.

The second twist is that the agents may not be directly employed by the Council but by an independent trading entity which will be a pilot for changing terms and onditions for other Coucnil workers:

  1. It is also important to note that there is a strong likelihood that as part of the Council’s wider commercialisation agenda, an independent trading entity would be created at some point. If such a structure were created, it would be able to recruit staff on different terms and conditions than those used by the council, and as such may be an ideal vehicle for testing a model such as this, especially in light of the fact that there is no immediate urgency to move the enforcement function in-house. It will also be useful to consider the timing of this; if staff are initially employed by the council and later transferred to a separate entity, the situation is considerably more complex than if they are employed by a trading arm in the first instance. 

The report puts forward  a number of principles for debt collection:

Principle 1 – Clear charges and recovery processes

 We will make debtors aware of the value and nature of debt they owe to the council, and the potential implications if the debt is not paid
 We expect customers to contact us as soon as they receive notification if they wish to dispute a charge or feel unable to pay. 

Principle 2 – Easy and flexible payment

We will accept a range of payment methods and frequencies, and will endeavour to ensure that making payments is easy for customers, aiming where appropriate to prevent arrears occurring by encouraging payment in advance, or Direct Debit payments.
We expect customers to take advantage of the range of payment methods available in order to pay on time, and to contact us quickly if they need to request additional flexibility. 

Principle 3 – Early intervention

 Where practical we will seek to prevent enforcement by notifying customers who fall into debt at an early stage to ensure they are aware that debt has accrued.  
 We expect customers to respond promptly to any contact we attempt to make with them. 

Principle 4 – Clear communication

 We will use a range of communication methods to ensure that debtors know how to make payments, and how to contact us if they are struggling to pay
 We expect customers to tell us promptly if their contact details change, and to be courteous to our staff 
Principle 5 – Support for individuals who demonstrate that they can’t pay
 Where an individual is identified as being in financial difficulty, we will ensure they are referred both to relevant internal departments and appropriate sources of independent advice and guidance. In specific circumstances we may consider setting aside a portion of an individual’s debt in order to prevent exacerbating severe indebtedness
 We expect customers to take ownership of their finances, to engage positively with any support provided, to provide any requested information within the specified timescale, and to comply with the terms of any agreement made. 

Principle 6 – We will take enforcement action where individuals “Won’t Pay”
 We will use a variety of debt recovery methods to collect debts from those that can, but won’t pay, and wherever enforcement becomes necessary, any costs incurred will be passed on to the debtor.
 We will ensure that all enforcement action taken is proportionate, and complies with relevant legislation; but to be fair to those who do pay, and to try to deter wilful non-payment, we will always seek the maximum penalty where an individual commits fraud.
The report considers 'vulnerable debtors' who may be:
●  Disabled people, including those with learning difficulties - where theirdisability specifically affects their ability to deal with their financial affairs 
●  People suffering from serious illness, including mental health conditions - where their disability specifically affects their ability to deal with their financia affairs 
●  People who have difficulty communicating in English – translation servic are available for interaction with the Council, but where someone does not have the support of family members who can speak and read English, they may be more broadly financially excluded, and may be considered vulnerable in some cases 
●  People who have difficulty reading and writing – which is likely to prevent them from being able to read notices or warnings in relation to their debt, and may have caused broader financial exclusion 
●  People undergoing significant changes in circumstances – such as being recently bereaved, or having recently lost their job or their home
The report states that vulnerability does not excuse a person paying a debt but the Council will provide support to avoud undue distress.

The full report to be discussed on September 13th can be found HERE

Will children return to school healthier after Pokemon Go summer craze?

Just before children broke up before the summer holiday I wrote about the Pokemon Go craze that was just developing here in Brent. LINK

I thought there was a plus side in getting them away from indoor computer games and outside getting some exercise.

Yesterday's Evening Standard reported that young women between of 15 and 24 years old hunting down Pokemon characters in London were taking 9,000 steps a day compared with the British average of 3,000-4,000 steps.

I am not sure why only girls were surveyed but it would be interesting, when children go back tomorrow or Wednesday, for teachers to see whether there is any discernible weightloss or improved fitness levels.

Have any parents noticed a difference?

A message to tonight's meeting of Brent Labour Group from a local resident re Preston Library

The Labour Party presentation making their promise to Preston Library


The Labour Group is meeting tonight and will discuss Preston Library.  This is a letter to them from a local resident:

Dear Brent Councillor,

I know that tonight the labour group are meeting to discuss the future of Preston Library, and of the Community Library that has been providing services to local residents for the past year.  Whatever is decided will go to Cabinet next week. You are considering using the site to provide five small flats, with some community space to the rear of the property.

You may not all be aware of the loss to the community that could arise because of these plans.  The original Council run library closed five years ago and a great service to local people was lost..  For the past fifteen months Preston Community Library has provided a range of services for local people, and has become an indispensable resource.

In case you don't all know, the services are as follows:
1.    Adult lending library with fiction, non fiction and reference sections.
2.    An attractive children's library with books, displays and activities to match.
3.    Computers and free computer classes for local people
4.    ESOL [English as a Second Language] classes for residents who need to learn or improve their English
5.    Newspapers [often used by Esol Students to improve their reading]
6.    A community cinema showing films for both adults and children, often with speakers. We are grateful to Brent for Ward Working funds to purchase our professional equipment.
7.    A range of classes, which have included yoga, keep fit, knitting and others.  More can be arranged if we have a longer licence [such as Arabic, Spanish and Farsi]
8.    The Summer Reading Challenge for children, supported by Brent library service
9.    A range of individual events such as talks on mental health [from CNWL], play readings, story telling, author visits, story writing, creative writing and scrabble group meetings.

Local people have come into the library to access services and to meet people.  Many of our customers are elderly or vulnerable, and many customers tell us that they feel much less alone since we opened.  We are entirely run by volunteers and from donations, so we have provided these services at very little cost to the Council.

At a public meeting attended by both local people and Brent Councillors, we were promised that the building would be offered to the community as a library, at a peppercorn rent, subject to the need for school places.  There are no schools using the building at present [we have shared with them], and we have occupied the building on a proper licence agreement in a fully responsible manner.  We are a registered charity.  We were very shocked to learn that you are considering 'marketing' this community space to 'other community groups' in the area.  This seems to be a breach of the promise that was made.

It is essential that this facility is kept open for local people, who have little else nearby.  I hope that councillors will remember this when discussing the development proposals this evening and at Cabinet next week.

yours sincerely,
Linda Green
Preston Community Library and local resident.