Judicial review of library plans (From Stroud News and Journal)
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Judicial review of library plans
12:00pm Thursday 14th July 2011 in News
GLOUCESTERSHIRE County Council faces yet another setback in its bid to cut costs in public libraries - after a high court judge ruled that a judicial review will be held in September into the decision to axe ten libraries.
The libraries affected include Minchinhampton and nine others across the county with five mobile libraries covering Stroud, Moreton-in-Marsh, Lydney, residential homes for the elderly and poorer children under six, also part of the review.
Legal action began in March when an individual from Gloucestershire filed the case with the high court and an injunction was imposed on GCC in June to prevent it closing or removing funding from any currently funded and operational library, static or mobile.
At a hearing on Thursday, July 7 in Birmingham, Judge Justice Beatson said the review would be held on September 27 and 28 after campaigners complained that the consultation on the proposed closures was 'flawed.'
Question marks were raised at the hearing over the decision to go ahead with the closures, which the cabinet recommended on February 2, despite the consultation period closing nine days later on February 11.
The review will take place over the course of two days with the injunction to be kept in place until September.
However, GCC will still be allowed to continue discussions with groups regarding ‘community transfer’ of libraries - in case they win the legal battle.
Demelza Jones, of the Friends of Gloucestershire Libraries, said: "We are really pleased with the outcome of the hearing and await with interest the proper scrutiny of GCC’s plan for our library service in court.
"However, as Gloucestershire taxpayers, we regret the expense that may now be incurred by the county, which could have been avoided if only GCC had paused in its plans and listened to and engaged meaningfully with service users."
GCC leader Cllr Mark Hawthorne said: "This outcome is entirely expected and we now await the full hearing, which we understand will focus on examining the process that was followed in the consultation and decision-making.
"We have always been confident in our library strategy and I am pleased that we only have to wait until September for the full hearing."
johannaa123 says...
7:14pm Thu 14 Jul 11
1. Potential failure to consider the statutory requirements of the 1964 Public Libraries Act, 2. Potential failure to properly consider equality impact assessments, 3. Potential failure to consult adequately.
It is bizarre that Cllr Hawthorne admits "this outcome was entirely expected" especially when he was posturing for three weeks before saying he was sure GCC would win. He goes on to say "we have always been confident in our library strategy" How can he be "confident" yet expect to have lost? If he did expect to lose why is he forcing this into court at our expense instead of coming up with better plans? Does he understand what is happening? It seems he is a tad confused.