Gloucestershire and Somerset library campaigners heard today that they have won their claim over library cuts and closures. The judge ruled in favour of their claims regarding the councils’ neglect to consider or address the findings of the Equality Impact Assessments that had been conducted. A quashing order means that the campaigners have put a halt to the council’s current plans for libraries – both local authorities’ plans will have to be rethought.
We would like to congratulate both Gloucestershire and Somerset campaigners and their lawyers on their success. We know it has been a long battle and their determination has paid off.
Regarding the councils’ failures to comply with the public sector equality duties, His Honour Judge McKenna ruled:
“The real question on this aspect of the case, it seems to me, is whether there was a conscious directing of the mind by the decision makers to their obligations under the legislation and in particular to the need to exercise the duty to have due regard in substance and with rigour and based on sufficient information, appropriately analysed.
“In my judgment, on the preponderance of the evidence, no such due regard was had in substance. In order to discharge their respective duties, GCC and SCC should have undertaken a sufficiently thorough information gathering exercise and then properly analysed that information. In this case I conclude that both GCC and SCC failed to comply with that obligation, accepting as I do the substance of the Claimants’ criticisms made of their respective information gathering and analysis to which I have referred above.”
Image from The Bookseller
Friends of Gloucestershire Libraries write:
“We are delighted with the outcome of the judicial review. This outcome follows the proper scrutiny of Gloucestershire County Council’s library plans in court; scrutiny which was never allowed under the councils own processes. The judge’s decision to rule in the claimant’s favour on equality grounds is a real vindication of our campaign, which has long argued that the removal of public library services from the most disadvantaged, deprived and vulnerable members of our community is grossly unfair. We are also pleased to learn that the council have been denied permission to appeal the decision.
“However, as Gloucestershire tax payers we regret the inevitable expense that will now be incurred by the county, and which could have been avoided if only the council had listened to and engaged with service users – they have seriously let their taxpayers and electorate down. Over the last year library users and retired professional librarians have repeatedly warned the council that they were in breach of the law, but party politics was always placed before these concerns, which were again and again dismissed.
“Gloucestershire residents should never have had to go through this stressful, upsetting and expensive process and serious questions now also need to be answered by the secretary of state Ed Vaizey. It is Mr Vaizey’s duty to intervene when authorities are not meeting their obligations to provide a library service available to all who wish to use it. Why were Gloucestershire County Council allowed to continue down this destructive path? In opposition Mr Vaizey was a vocal critic of library closures yet our many pleas for help have been ignored whilst library users were left to fight this alone – it is clear that he left his convictions at the door on entering office.
“We would like to thank supporters of the campaign locally and nationally, and urge all Gloucestershire library users to keep a close eye on the county council’s activities in the coming months to ensure they do their job properly this time round. We also need to be vigilant to cuts which may be planned for the future. Libraries are more important than ever in times of financial crises, when education costs are rising astronomically and many people are losing their jobs. We hope that come the next county council elections, voters will remember the arrogance displayed by the Gloucestershire County Council administration on this issue.
“It has been brought to our attention that Cllr Hawthorne has told the press that the council “lost on a small technical point”. This is absolutely NOT the case. The judge said “the decisions under challenge were not just unlawful but bad government” hence the total quashing of the library plans and telling them they have to start again. It was VERY serious that they lost on this point. The judge said it was a “substantive error of law” and a “substantial breach”
“We should receive a full transcript of the judgement in due course. That Cllr Hawthorne still considers his public sector equalities duties as a “small technical point” is extremely worrying.”