Brighton & Hove City Council
Equalities, Community Safety & Human Rights Committee
4.00pm25 March 2024
Hove Town Hall - Council Chamber
MINUTES
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Present: Councillor Pumm (Chair) Winder (Deputy Chair), Goldsmith (Opposition Spokesperson), Alexander, Czolak, Lyons, Pickett, Grimshaw, Cattell and Robinson |
24 Procedural Business
(a) Declaration of Substitutes
Councillor Robinson in place of Councillor McGregor.
(b) Declaration of Interests
There were none.
(c) Exclusion of the Press and Public
It was agreed that the press and public not be excluded.
25 Minutes
The Minutes of the previous meeting on the 13 October 2024 were agreed as an accurate record.
26 Chairs Communications
The Chair gave the following communications:
Dear colleagues,
I believe this will be my final Chairs Communications as this will be the final meeting of the Equalities, Community Safety and Human Rights Committee if the governance changes are approved at full Council this week.
I would like to start with a round of thanks: Thanks to my deputy Cllr Winder, who has been a great supporter, friend and a wonderful champion for more equality and less silo working.
Thanks, Cllr Alexander, for your work on combatting food insecurity and your passion.
Thanks to Cllr Cattell who is not only the best ward colleague but also a fountain of knowledge. Thanks for helping us driving change.
Thanks, Cllr Czolak, for your important commitment to community safety and mental health and thanks Cllrs McGregor and Grimshaw for being pillars of our equality agenda and driving your projects forward against all odds.
Also, thanks to the Opposition for being fair and constructive and thanks to officers for their hard work.
Looking back on my year as Chair, I can truly say that it was a turbulent year with all the ups and downs you can possibly imagine. What a challenging but wonderful portfolio.
And I can proudly say that the city is a bit fairer than it was when we took over the Administration. We introduced care leavers as a protected characteristic, signed up to the Diverse Councils Declaration, implemented the Accessible City Strategy.
Children eligible for free school meals will now be prioritised for admission to secondary schools and we have introduced the Fairness Fund with the aim of supporting community groups and residents alike.
We will welcome Stonewall Housing to the city. Stonewall’s team will provide much needed safe spaces for the LGBTQ+ community and together, we are going to explore the introduction of the HouseProud Scheme. Last week, the CEO of Stonewall Housing and I spoke about their progress, and I am excited to announce that the first site will open their doors in Hove in May and we are working closely with Stonewall Housing to expand capacity as soon as possible.
My colleague Cllr McGregor worked extensively on Labour’s manifesto pledge, the Nighttime Safety Charter which will be taken forward later this year and one of my core projects was the development of another manifesto pledge, the LGBT+ Community Protection Plan, which is soon ready to be discussed and agreed at and by Cabinet.
Cllr Grimshaw has done excellent work to promote equality and wellbeing for veterans in the city, we are working on breakfast clubs and for the Council to achieve gold status. Veterans deserve not only our thanks, but also the commitment to ensure their safety and to treat them with respect and dignity.
Equality and community safety do not stop at the boundaries of this committee. My policy chair colleagues, and I have worked tirelessly to promote, improve and spread equality throughout the Council and our city. It must be lived, practised and valued by every single department, and we are on the way to getting there.
I have introduced the bimonthly TNBI Roundtable to further strengthen the relationship between the trans and non-binary community and the Council. We marked TransPride’s anniversary at the Mayor’s Parlour last year.
The work on the new Thriving Communities Investment Fund prospectus is progressing and a big consultation event is planned for next month. Domestic abuse and violence against women and girls have been high up on our agenda as the new VAWG strategy will be presented to Cabinet this year.
I care, we care about the survivors and their children and pets. Ending violence is everybody’s business and the new strategy will make this clear. We continue to explore ways to expand our refuge capacity and the support network that surrounds this vulnerable group.
We have committed to a new and holistic way of commissioning services and work is well underway to explore options how to achieve that. One part of it will be the Social Value Framework we agreed at Full Council.
I've had several dozen meetings with communities across the city and have been blessed to meet inspiring people who are doing incredible work.
With faith leaders, I have discussed the challenges ahead and will continue to do so to maintain community cohesion. Co-operation between religious groups is working well in the city and I do not want it to diminish under my watch.
We are not only facing turbulent times for community cohesion but also struggling with diverse employment opportunities. The BIPC based at Jubilee Library is empowering people from all backgrounds, BIPOC, LGBT and women founders, to start their business and access funding opportunities. Again, helping people to embark on their journey is practised equality.
Brighton & Hove is the place for ambitious startups, bold venture capitalists and flourishing local businesses. Let’s attract bigger names to the city and create spaces for them to grow. Here at home.
A new economic strategy, which was agreed by the Economic Development Committee in September ‘23 will address these points and identify ways to further improve equality in the job and founding market.
This is what I call “Levelling up”.
The times we live in couldn't be more difficult, but I believe that this city can become a better place even in the most terrible of times, and we as an Administration are working passionately to make this happen.
27 Call Over
The following items were reserved for discussion:
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Item 31 |
Community Safety Strategy 2023-2026 |
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Item 32 |
Progress Update on BHCC Anti-Racism Strategy |
28 Public Involvement
28.1 The Chair invited Ruth Farnell to put her question to Committee found on page 3 of Addendum 1.
28.2 The Chair gave the following response:
The revised VAWG strategy 2024-27 is being finalised. The timetable for formal agreement of the final document is currently being discussed following completion of the consultation stage with the proposal that it will be considered by Cabinet in June.
28.3 Ruth Farnell asked the following supplementary question:
Will the new VAWG strategy include the commitment to urgently tackle the gap of 14 refuge spaces for women and children which was identified in the 2021 pan Sussex domestic abuse accommodation strategy?
28.4 The Chair confirmed that a written response would be sent to Ruth Farnell.
28.3 The Chair invited Samantha Kidd to put her question to Committee found on page 3 of Addendum 1.
28.4 The Chair gave the following response:
BHCC are in regional arrangements with partners across Sussex under the Pan Sussex Domestic Abuse Board. The Needs Assessment refresh is part of these arrangements and aligns with the Pan Sussex Domestic Abuse and Support in Safe Accommodation Strategy. A revised needs assessment will be carried out in 2024/25.
28.5 Samantha Kidd asked the following supplementary question:
At the time of the budget meeting last month, Councillors gave assurances that all of the 2024-25 new burdens funding would be protected for domestic abuse services. In the Argus, Councillor Sankey said “There are some fantastic organisations in our city who are laser focused on ending violence against women and girls, and we want to work with them on our shared goal.” Why then is the Council missing an opportunity to extend all the new burdens funding through to the end of March 2025 in order to work with partner organisations on a more coordinated commissioning strategy for the following year and beyond? Recommissioning services piecemeal and mid year will cost both money and staff time in both the Council and Charities that could be better used providing services to residents.
28.6 The Chair gave the following response:
Thank you for your question. I’m very happy to confirm that this money is ringfenced and we have no intention of changing that. Councillor Sankey is absolutely right in saying that we want to have this new approach, looking at commissioning services in a holistic way, and that particular case I assume you talk about the LGBT dispersed accommodations service. We looked very carefully at this service and I understand that officers are in conversations with RISE, and we will continue these conversations but there are worries about how the contract performs, and we want to get the best services available to perform the LGBT dispersed accommodation services, so that is why we will put this contract as agreed previously out for tender when it runs out in September 2024.
28.7 The Chair invited Dani Ahrens to put her question to Committee found on page 3 of Addendum 1.
28.8 The Chair gave the following response:
For the financial year 2022/23, this budget remained unspent as a result of the continuation of the new burdens grant funding. The Chief Finance Officer did allow a further partial carry- forward of £110,000 into 2023/24. Some of these funds have been used to fund the continuation of perpetrator work. This has been reported as part of the Targeted Budget Management Report for month 9 to Strategy, Finance and City Regeneration (SF&CR) Committee 8th February 2024.
28.9 Dani Ahrens asked the following supplementary question:
Just checking the figures, so only £110,000 was carried into 2023/24 and has all been spent, but the remaining £121,000 just disappeared – is that what happened?
28.10 The Chair confirmed a written response would be sent.
28.11 The Chair invited Helen Saxby to put her question to Committee found on page 3 of Addendum 1.
28.12 The Chair gave the following response:
Review is underway and will be completed after the end of the financial year. It will not be published as it contains commercially sensitive information.
28.13 Helen Saxby asked the following supplementary question:
In the first year of the current commission for domestic abuse refuge and casework services, RISE supported more than double the number of clients supported by Victim Support, despite having considerably less funding. Since 2021/22, data on the number of clients the service that Victim Support has not been publically available. RISE continues to support over 1000 clients each year – does the committee think that we’re getting good value for money from the current commission services?
28.14 The Chair confirmed that a written response would be sent to Helen Saxby.
28.15 The Chair invited Gail Gray to put her question to Committee found on page 3 of Addendum 1.
28.16 The Chair gave the following response:
Budget setting followed the usual decision making process, looking at all services and budgets including the LGBTQ+ Dispersed Accommodation and Refuge In reach Service. The new service will be commissioned. Funding for both services will be aligned with the 24/25 budget.
28.17 Gail Gray asked the following supplementary question:
The Equality Impact Assessment for the budget cuts to domestic abuse services provided by RISE did not mention the severe impact of the proposed cuts on children living at the Brighton Women’s Refuge. For the protected characteristic of age, it wrongly said proposed reduction does not affect services provided to children who are survivors of domestic violence. Will you agree to revisit this decision now that it is apparent that accurate information about the impact of the cuts was not presented at the time to all councillors?
28.18 The Chair confirmed a response would be sent to Gail Gray.
28.19 The Chair invited Adrian Hart to put his question to Committee found on page 3 of Addendum 1.
28.20 The Chair gave the following response:
Degrading actions that humiliate another individual based on their identity, and/or cause an individual to fear assault/violence in some manner for example, physically, mentally, psychologically.
This is in line with the Human Rights Act that states:
Although people have freedom of expression, they also have a duty to behave responsibly and to respect other people’s rights.
Public authorities may restrict this right if they can show that their action is lawful, necessary, and proportionate in order to:
· Protect national security, territorial integrity (the borders of the state) or public safety
· Prevent disorder or crime
· Protect health or morals
· Protect the reputations and rights of other people
· Prevent the disclosure of information received in confidence
· Maintain the authority and impartiality of the judiciary
An authority may be allowed to restrict freedom of expression if, for example, someone expresses views that encourage racial or religious hatred. Like the right to freedom of expression, the right of each person to be protected from discrimination and violence are fundamental human rights. In addition, the Freedom of Expression Legal Framework Guidance by Equality and Human Rights Commission (EHRC) also provides guidance on hate speech, context, and the limitations on freedom of expression, which informs our work as a public authority.
28.21 Adrian Hart asked the following supplementary question:
Rape survivors who demand female only counselling services are holders of gender critical belief – their view that sex is immutable and binary – and is protected under the equality act, yet at the January 29th Reimagine event, this Council demonstrated that it regards a rape survivor expressing this belief as having no protection under the act. Can the Chair clarify under which circumstances this Council regards gender critical belief as offensive, harmful, or undermining of dignity?
28.22 The Chair confirmed a response would be sent.
28.23 The Chair stated that Phillippa Sawyer had submitted a question but couldn’t make it to the meeting, so the response would be emailed to her. The response was:
Thanks for your question, Philippa. I can confirm that Brighton & Hove City Council operates firmly within the legal framework of the United Kingdom and does not nullify any belief. In fact, people are free to believe whatever they like. Should a belief lead to actions or statements that are considered harmful by the Equalities Act or any other piece of legislation, then this Council will challenge it when and wherever appropriate.
The council must act within the law and comply with the legal duties and obligations placed on it including those of the Equality Act 2010.
This includes the Human Rights Act which states Public authorities cannot interfere with your right to hold or change your beliefs.
However, the HRA is also clear that “there are some situations in which public authorities can interfere with your right to manifest or show your thoughts, belief, and religion. This is only allowed where the authority can show that its action is lawful, necessary, and proportionate in order to protect:
· Public safety
· Public order
· Health or morals, and
· The rights and freedoms of other people
Should the manifestation of an individual’s belief result in actions that could be considered a hate incident or crime, then the council will follow standard and appropriate procedures and processes in partnership with relevant partners such as the police. Hate and/ or inciting of violence, hatred, or discrimination against others will not be tolerated in this city.
In addition, the Freedom of Expression Legal Framework Guidance by Equality and Human Rights Commission (EHRC) provides guidance on hate speech, context, and the limitations on freedom of expression, which informs our work as a public authority.
28.24 The Chair invited Thomas Chatfield to put his question to Committee found on page 3 of Addendum 2.
28.25 The Chair gave the following response:
Thanks for your question, Tom. We are in extraordinary times where some communities, including the TNBI communities, are experiencing society turning back the clocks in some respects.
Let me start by saying that I am finding it increasingly difficult to deal with the painful simplicity of today's binary debates. The "you're either with me or against me" approach, the streamlining complex issues into unreflected yes or no answers and the fact that people stopped listening to each other a long time ago, preferring to talk about each other without the other party in the room, is a problem that is driving people into adopting extreme positions. I appreciate that the soothing echo of our echo chambers can be comforting, but it doesn't help our minds and hearts grow.
Now, the Administration and I personally have made it clear that trans inclusion is a priority for us. Not just because Brighton & Hove has a reputation as the LGBT+ capital, but also out of an inner conviction that this is the right thing to do. And I much prefer to talk about inclusion rather than exclusion.
But actions are stronger than words, so let me give you a brief overview of what we are doing to support the TNBI and wider LGBTQ communities: In my Chairs comms, I mentioned Stonewall Housing opening their first site in our city which will support LGBTQ+ people who are homeless or fled from an abusive home.
Despite the new government’s school guidance, we stand true to the trans inclusion toolkit which has been a real trailblazer and transformed the lives of many gender-questioning children.
The new Nighttime Safety Charter will think about ways to keep our city safe at night and looks at LGBTQ+ specific measures. Our LGBTQ+ Community Protection Plan will further strengthen our status as City of Sanctuary.
This is our progress after one year in office, but I realise that there is more to be done so let’s keep working on it.
29 Items referred from Council
There were none.
30 Member Involvement
30.1 The Chair invited Councillor Pickett to ask her question which can be found on page 5 of Addendum 1.
30.2 The Chair gave the following response:
Cllr McGregor is the lead councillor in charge of progressing the nighttime safety charter. He has met with around 50 businesses that work within the nighttime economy as well as community groups who face potential safety concerns in the city.
In this we've seen fantastic best practice from some venues that we want to emulate within the charter to extend it throughout the city.
Venues we speak with at the music venues alliance are doing amazing work and we've taken lessons from our conversations with them.
We're looking into funding systems for an accreditation process for venues in the nighttime Economy, marking them a safe space. We don't want this to just be a list of wants, but must haves to be accredited.
We've been working with Citizens UK to make sure that the areas covered are up to date and help our younger demographic, who make up a large part of the nighttime economy.
A key point of this has to be LGBTQ+ inclusion, many systems like this have missed parts that are unique to the Queer community in terms of safety.
We've got proposals that will go to community groups in the next few weeks to make sure we cover as much as we can.
Looking to work with our Labour council colleagues that currently have a safety charter to see what pitfalls we can overcome. This is the next stage after we confirm the funding model.
30.3 Councillor Pickett asked the following supplementary question:
Can we get more clarity on what the Charter entails, and what the cost implications for businesses are as well?
30.4 The Chair confirmed a written response would be sent to Councillor Pickett.
30.5 The Chair invited Councillor Goldsmith to ask her question found on page 5 of Addendum 1.
30.6 The Chair gave the following response:
How the PSPOs will be approved will be for Cabinet to decide. An Equalities Impact Assessment will always be completed when considering a PSPO.
30.6 Councillor Goldsmith asked the following supplementary question:
Under the administrative pro cabinet system, will PSPOs still be discussed and approved at a public meeting, and will the impact on those experiencing homelessness still be included in the equalities impact assessment as we discussed last committee?
30.7 The Chair gave the following response:
How PSPOs will be approved will be for cabinet to decide if a cabinet system is agreed, but I can say that everything discussed and agreed by cabinet will be publically available so there are no secrets.
30.8 The Chair invited Councillor Alexander to present the Notice of Motion found on page 15 of the Agenda.
30.8 The Chair invited Councillor Winder to second the Notice of Motion.
30.9 Councillors Goldsmith and Grimshaw expressed support for the motion.
RESOLVED:
The motion was passed unanimously.
31 Community Safety Strategy 2023-26
31.1 The Chair invited Jim Whitelegg to introduce the report starting on page 17 of the Agenda.
31.2 Councillors Grimshaw, Robinson, Lyons, Pickett, Goldsmith, Czolak, and Joanna Martindale raised points about data on shoplifted items, domestic abuse, definitions of violent offences, drug related crime, youth work in schools, A&E, supporting prison leavers, definitions of Cuckooing, national crime statistics, sexual offences, guidance for pubs and venues, and dog violence.
RESOLVED:
That Committee:
1. Noted and commented on the update on work being undertaken by the Safer Communities Team and partners in relation to the Community Safety and Crime Reduction Strategy 2023-2026.
2. Gave its continued support to the partnership work described in the report thereby contributing to the management of crime and community safety priorities for the city.
32 Progress Update on BHCC Anti-Racism Strategy
32.1 The Chair invited Jamarl Billy to introduce the report starting on page 67 of the Agenda.
32.2 Councillors Goldsmith, Cattell, Pickett, Alexander, and Joanna Martindale raised points regarding the anti racism community group, making reports public under the cabinet system, the diverse talent programme, voluntary training, anti racism training in schools, and formal complaints within the Council.
RESOLVED:
1. That the Committee noted the report.
33 Items referred for Full Council
Item 32 (Progress Update on BHCC Anti-Racism Strategy) was referred to the next Full Council meeting for information.
The meeting concluded at 5:45pm
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