“We wish to pay tribute to the way the case has been handled by all concerned, albeit after a slow start on the part of the Secretary of State.” (per Lord Justice Richards in R (on the application of Maya Evans) v The Secretary of State for Defence [2010] EWHC 1445 (Admin))

Lord Justice Richards
 
 

High Court Challenge to Library Closures in the West

BBC News Article - 3 May 2011
 
Two county councils which want to close libraries in the west of England are facing a judicial review.

Public Interest Lawyers issued a claim to the High Court on Tuesday against the closure of public libraries in Somerset and Gloucestershire.

The county council in Somerset wants to withdraw funding for 11 libraries while Gloucestershire's wants to close 10.

Gloucestershire council says it provides a comprehensive service while Somerset said it had to save £80m.

Public Interest Lawyers say the councils are in breach of their statutory obligations and did not hold proper consultations.

The lawyers have launched a challenge on three grounds. That:

  • The councils are in breach of their obligation under the Public Libraries and Museums Act 1964 to provide an "efficient and comprehensive library service‟
  • The councils have not paid due regard to their equality duties, meaning the effect of closing the libraries would have a big impact on "vulnerable members of society"
  • The consultation process carried out by the councils was "insufficient", and the results were "ignored"

The application centres on the potential closures of libraries in Watchet and Cheltenham.

Gloucestershire County Council leader Mark Hawthorne said: "Our library strategy goes beyond providing a 'comprehensive and efficient library service'.

"It's frustrating to be forced into a costly legal process in a difficult financial climate and when we are focusing on supporting the many communities working hard to make a success of running local services."

The legal challenge comes on the same day that Conservative-run Somerset County Council is deciding whether to ratify the proposed library changes.

A spokesman for Somerset County Council said: "We are confident that the council has acted appropriately and in the meantime will continue with work needed to implement the budget reduction agreed by full council."

Initially Somerset County Council had wanted to close 20 of its 34 libraries as part of plans to save £80m over three years.

After numerous protests and petitions, the council decided to amend its proposals so that some libraries could be saved from closure but would have more community involvement and shorter opening times.
 
 
Daniel Carey of PIL spoke about the challenge on BBC Radio Gloucester on 3 May 2011. See link at http://www.bbc.co.uk/gloucestershire/programmes/schedules/2011/05/03 (17.00 programme - after 15 minutes)


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