Brent libraries case heads to Court of Appeal, as another council faces action

Campaigners against Brent Council’s proposed library closures have been granted permission to take their fight to the Court of Appeal, as it emerged that another London borough has been sent a letter before action over its plans to cut services.

Lord Justice Elias granted Brent SOS Libraries permission to appeal this week, ordering that the case should be heard over two days in November.

The campaign group, which is being advised by law firm Bindmans, is seeking to overturn last week’s ruling by Mr Justice Ouseley.

The High Court judge dismissed all the various arguments put forward by Brent SOS Libraries. These were that:

• The council had unlawfully ignored the role which community libraries and groups could play in fulfilling its duties under s. 7 of the Public Libraries and Museums Act 1964
• There was an unlawful failure to consult
• There was an unlawful failure to assess needs
• The council was in breach of the public sector equality duty

It emerged this week that the Camden Public Library User Group (C-Plug) – also advised by Bindmans – has sent a letter before action to the London Borough of Camden over its plans to close one branch and have volunteers run three libraries.

The group argues that Camden’s consultation was flawed.

C-Plug’s chairman Alan Templeton told the Camden New Journal: “We have run out of options – we have tried everything else. We have pleaded with the council to look again but they were in no mood to change their minds.”

A Camden Council spokesman said the authority was required to find nearly £100m of savings following reductions in funding from central government.

“While nearly £42.5 million of back office savings have been identified, the level of cuts to our funding means that we have to look at reconfiguring the services we provide to our residents,” he said.

“Following £400,000 of back office savings being made from the libraries budget, a further saving of £1.6m was required and a full consultation as to how these savings could be found was undertaken. With over 6,000 responses to this consultation the findings were then used to inform a series of options considered by the Cabinet. Following the presentation of these options, a decision to find alternative ways of providing services from three libraries across the borough was taken.”

The spokesman said Camden would consider the contents of the letter before action and respond in due course.

The judgment in the other major libraries case, involving Somerset and Gloucestershire County Councils, has been reserved.

Philip Hoult