Battle to save Gloucestershire libraries hits the High Court
MASSIVE cuts to library services in Gloucestershire have led to accusations Shire Hall is 'failing in its duties' to the public.
In a dramatic opening day at the High Court in Birmingham this morning, a legal team fighting on behalf of pro-library campaigners in the county urged the cuts to be scrapped.
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Campaigners demonstrating earlier this year
Campaigners have launched a judicial review into plans to shut 10 libraries and reduce opening hours at others in a bid to save money.
Gloucestershire County Council wants to save £114m by 2014 to balance the books but Helen Mountfield QC, speaking for the campaigners at the start of a three day hearing said the authority was "ignoring public opinion" and "failing to meet statutory obligations" to provide a proper libary service.
She said: "The duty to provide library services is owed to all those who live in the area and unless they succeed in this challenge, many libraries face closure. This is a challenge brought in the public interest not a narrow private challenge.
"15,000 people responded to consultations in Gloucestershire and worry and criticism has been expressed by many thousands of people. We say the defendant (Gloucestershire County Council) has failed to give due regard to statutory equality needs and has failed to act lawfuly."
She added she was aware of the council's "difficult financial context" but said the authority was "blinded" by its money woes.
"The views expressed during the consultation were not taken into account properly and fairly," she told the hearing adding that the council had breached the Public Libraries and Museums Act 1964 because of the scale of the cuts.
All of the libraries earmarked for closure must remain open until the conclusion of the hearing, which is expected on Thursday.
Judge Justice McKenna is expected to make his ruling then.
Counsel for the defendant, James Goudie QC, is expected to make his opening submissions tomorrow morning.







18 Comments
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by Kay_Powell
Wednesday, September 28 2011, 6:48PM
“taylke,
You are correct in saying that all councils need to keep a reserve. However, you seem to have missed the fact that, even though they had to spend extra on gritting the roads last winter, they still managed a £4.7 million underspend, while claiming in public meetings that they had no money to carry on providing many of the services that they had previously carried out. They shut youth centres and daycare centres for elderly and disabled people. When they decided to close 10 libraries, I believe that they contravened statute law, and that is the reason that the case is currently being heard in the High Court. Some people simply can't travel further to access a library, especially as the proposed library cuts came at the same time as cuts to bus services. The mobile library service was also going to be removed before the injunction forced the council to keep it going.”
by taylke
Wednesday, September 28 2011, 6:36PM
“Kay_Powell, I haven't been taken in by anybody either pro or anti closure of the libraries. All councils need to have a reserve to cover the unexpected such as the millions required last winter to keep roads clear. I'm delighted to hear that the council isn't broke, it has clearly been managed more prudently that the country was during the Labour years! The country isn't quite broke either, but has to act now to avoid more serious problems later. Look at the mess of the Eurozone countries for more evidence of what the 'Live today, pay tomorrow' mentality has brought about.
To the best of my knowledge the council isn't planning to close all libraries. Is it really such a terrible hardship to travel a little further to access the services you want?”
by Kay_Powell
Wednesday, September 28 2011, 5:59PM
“Councilwonk,
The legal aid board asn't shelled out one single penny yet, as far as I know, and won't do so unless the council wins. The campaigners had to provide over £11,000 up front, which they will get back if the case goes against the council.
I see that TiG has corrected this article with respect to Friends of Gloucestershire Libraries. It's a pity that the incorrect information was printed yet again in The Citizen today.
SG1970,
Who told you that libraries aren't used much or that the average user is over 6o? If you've never been inside your local library, then you probably don't know that public libraries now have computers connected to the internet. They can be useful for those who can't afford such a computer at home, or for those experiencing difficulties with internet connection, especially when phonelines have been cut. Children make up a large proportion of the users of the libraries that I know; they take out reading books and use computers.
tomspam,
If the court action succeeds, the 10 threatened libraries will remain open and under council control. I consider that to be very good for the public. I can't make head or tail of your comments regarding Conservative voters, though.
taylke and Salz123,
You've clearly been taken in by the county council's claims that it is broke. It quite simply isn't. In fact, in addition to having loads of money saved up, it had an underspend of £4.7 million for the last financial year, and is planning an even bigger underspend this year. In other words, the money that it has saved by cutting services is being salted away in council coffers, as if it weren't needed. All that the library campaigners are asking for is that some of that money be used to continue to fund the library service to a reasonable standard.”
by Kay_Powell
Wednesday, September 28 2011, 5:58PM
“Councilwonk,
The legal aid board asn't shelled out one single penny yet, as far as I know, and won't do so unless the council wins. The campaigners had to provide over £11,000 up front, which they will get back if the case goes against the council.
I see that TiG has corrected this article with respect to Friends of Gloucestershire Libraries. It's a pity that the incorrect information was printed yet again in The Citizen today.
SG1970,
Who told you that libraries aren't used much or that the average user is over 6o? If you've never been inside your local library, then you probably don't know that public libraries now have computers connected to the internet. They can be useful for those who can't afford such a computer at home, or for those experiencing difficulties with internet connection, especially when phonelines have been cut. Children make up a large proportion of the users of the libraries that I know; they take out reading books and use computers.
tomspam,
If the court action succeeds, the 10 threatened libraries will remain open and under council control. I consider that to be very good for the public. I can't make head or tail of your comments regarding Conservative voters, though.
taylke and Salz123,
You've clearly been taken in by the county council's claims that it is broke. It quite simply isn't. In fact, in addition to having loads of money saved up, it had an underspend of £4.7 million for the last financial year, and is planning an even bigger underspend this year. In other words, the money that it has saved by cutting services is being salted away in council coffers, as if it weren't needed. All that the library campaigners are asking for is that some of that money be used to continue to fund the library service to a reasonable standard.”
by taylke
Tuesday, September 27 2011, 10:16PM
“To all those who protest about the closure / hours reductions I have a couple of very simple questions. What other services will you cut to cover the costs incurred by the council in fighting this action? What other services will you cut in order to keep the libraries open?
Savings do have to be made somewhere. Doing nothing is not an option.”
by Salz123
Tuesday, September 27 2011, 10:00PM
“We all know the country is pretty much bankrupt, and savings have to be made everywhere. Rather than cut the library service, what would you rather they cut? (The obvious answer is Councillors wages, but lets face it, that is never going to happen)”
by SELINA30
Tuesday, September 27 2011, 9:39PM
“This council will be judged on whether it has carried out its duties not by the figures on a balance sheet.”
by chloemidnight
Tuesday, September 27 2011, 7:46PM
“Re costs: Library campaigners are already shelling out £thousands to bring this matter to court.
If GCC had carried out its so-called review properly in the first place, going to court would never have been needed.
As a library campaigner, I have been treated *from the outset* with contempt and patronising arrogance. I wanted to offer some alternative ideas to the first plans; I would like to have discussed the questions in a quiet and proper manner; not a chance.
From early on in the process of the consultation-that-wasn't, it seemed clear to me that GCC had made up its mind to tear the heart out of our Library services; and nothing on earth would stop them. Going to court is an extreme response forced upon the Library campaign by a ridiculous regime that is completely closed to the ordinary taxpayer outside the hallows of Shire Hall.”
by tomspam
Tuesday, September 27 2011, 7:28PM
“As the legal action will help neither the public, the authority or the government regardless of the outcome one can only assume that it's the red crew behind it, trying to give the blue crew a black eye.
Funny how most of the antiCouncil comments on this site seem to come from almost definitely Conservative voters. Perhaps they don't realise the Council is Conservative-led?”
by reader1299
Tuesday, September 27 2011, 5:19PM
“Councilwonk sounds like someone who knows the price but has no idea of the value. The cost, irrespective of the outcome, will have to be met by the taxpayer in one form or another, but it is wholly wrong to suggest that this is the fault of the protesters. If the Council took the trouble to listen to the public they would found other ways to make savings. There are far too many "senior staff" more interested in looking after their own comfort, than acting in the public interest.”