Culture Secretary faces legal challenge over discharge of library duties

An umbrella body that supports libraries and librarians has launched a legal challenge against the Secretary of State for Culture, Media and Sport.

Campaign for the Book, advised by leading claimant firm Leigh Day & Co, argue that Jeremy Hunt has failed to comply with his duties under the Public Libraries and Museums Act 1964.

The legislation requires the Secretary of State to “superintend and promote the improvement of the public library service provided by local authorities”.

Leigh Day & Co said the 1964 Act also requires each local authority to “provide a comprehensive and efficient library service for all persons” and places a duty on the Secretary of State to ensure that such provision is maintained.

Campaign for the Book suggested that “the current, widespread proposals to close vast number of public libraries across the UK, demonstrates the Secretary of State’s failure to comply with this duty”.

It also described guidance issued by the Secretary of State to councils about their duty to “provide a comprehensive and efficient” library service as “inaccurate and misleading”.

Campaign for the Book organiser Alan Gibbons said:
“I have asked Leigh Day solicitors to pursue the Campaign’s concerns over the possibility of a large scale withdrawal of funds from public libraries.

“I think it is vital that the courts examine the legality of the Secretary of State’s approach on the provision of libraries in England and Wales.”

Richard Stein and Rosa Curling of Leigh Day said: “The duties under the 1964 Act require the Secretary of State to investigate and compel, if necessary, local authorities, to provide a comprehensive and efficient library service in their area. The current cuts to public libraries across the country demonstrate that he is failing to do this.”

News of the Campaign for the Book’s legal challenge comes just days after claimants in Gloucestershire and Somerset – advised by law firm Public Interest Lawyers – said they were bringing action against the two county councils’ plans for the future of their library services.

Philip Hoult