Judicial review challenge over library closure plans brought too late, says judge
A challenge to a local authority’s library closure plans has failed after a High Court judge ruled that it had not been brought in time.
A group of campaigners brought judicial review proceedings over the proposed closure of five libraries by Isle of Wight Council, arguing a failure to consult properly or to let community groups run the service.
It was also submitted by their counsel that the local authority had not accounted properly for a disproportionate impact of the decision on women and the disabled.
But Judge Pearl ruled that the group had not brought the claim promptly enough. He added that none of the matters brought before the court were arguable.
The judge’s ruling comes just days after Mr Justice Ouseley reserved judgment in a judicial review over Brent Council’s plans to shut six libraries by September this year. A joint hearing is to be held in September into library closure plans announced by Somerset and Gloucestershire county councils.
Barry Abraham, Isle of Wight Council cabinet member responsible for libraries, said: “We are pleased the judge has rejected the judicial review application. Furthermore we welcome his view that the council had listened to comments made during the consultation and altered proposals accordingly.
“We note his comment that even if he had granted an extension of time for bringing the judicial review action, he would have still refused permission to bring the action because none of the issues drawn to his attention by the claimant were arguable.”
Cllr Abraham said: “We have been working with community groups to try and ensure that no community loses its library provision as a result of the necessary re-organisation of the service.
“This decision means that we can focus all our efforts on helping support those community groups who are working so hard to establish community libraries. We have recently extended the time available to these groups to finalise their proposals as a sign of our commitment to maintaining an excellent library provision on the Island.”
The council estimated that – “besides a significant amount of staff time” – the cost of engaging counsel to defend the judicial review application was around £12,000.
Dave Quigley from East Cowes, one of the campaigners, told Isle of Wight Radio that the group was looking at the possibility of an appeal, but acknowledged that funding would be difficult.
"At the same time we're looking to put forward a formal complaint against the Legal Services Commission and seeking that they fund the appeal as a redress, in our view, against the omissions over the original case,” he said.
The LSC dismissed claims that delays on its part caused the claim to fail.
A spokesman said: "The claimants' solicitors have been on notice since 6 April that a significant community contribution would be required for the case to proceed. Both the applicant and the Isle of Wight community campaign group would have been aware of this. The community contribution funding arrangement has not deterred the Brent, Gloucestershire and Somerset claims from being funded.”
Philip Hoult
