Showing posts with label Brent Libraries Judicial review. Show all posts
Showing posts with label Brent Libraries Judicial review. Show all posts

Thursday 13 October 2011

Library defeat but a battle worth fighting

I was unable to make the High Court this morning to hearing the ruling on Brent library consultation because I had commitments in a local school. However, I am pleased tp reproduce below the item posted on Brent Greens Blog by my colleague Shahrar Ali:
Today the People of Brent learned the sad news that they had not succeeded in their High Court battle to overturn the Council's plan to axe half of the borough's libraries (background).

I could sense the anxiety amongst my fellow Brentonians before the judgement was delivered. I reassured my neighbours that we did not know the result yet, but it seemed most of them did not dare believe that we would hear good news today, simply to protect against greater disappointment of a frustrated hope.

The truth is that whilst Justice Ouseley's judgement must be respected for what it is, his written judgement strikes me as a piece of legal casuistry in the main. Of course, points of law must be attended to, but in their attention one is always left with a judgement to make, whether on balance of probability or the spirit of the law as drafted. Even the most impartial observer could be left wondering whether arguments had been won, as opposed to counter-assertions (in this case the Council's) simply affirmed by the judge.

The Judgement (Case No. CO/4957/2011) summarises the main pieces of law in contention then itemises the grounds which Justice Ouseley takes to have not been demonstrated in law:

1. Unlawfully ignoring the role which community libraries and groups could play in fulfilling the s7 duties (Public libraries Act 1964)
2. Unlawful failure to consult
3. An unlawful failure to assess needs
4. Breach of the public sector equality duty

However, many of the judgements appear, in reason, to be question-begging:

"I cannot see that it is unlawful for the Council to start the process by warning the groups, as in effect it did, that its approach would be that alternatives had to achieve the same level of savings for the same level of service as the Council's own proposals." (para 77)

But no piece of law is going to circumscribe consultation down to this level of detail. The question is whether this was a fair constraint, to effectively debar solutions that did not conform to a pre-decided lowest common denominator budget.

Later still, the Judge writes: "The Council's approach was entirely consistent with the requirement in s7(2) that the provision of library services by other menas be "appropriate"." (para. 80)

That sounds more like an assertion than an argument.

By some textual anomaly, moreover, the following appears in the introduction without any qualification, simply stated as fact, not as an argument from our side:

"The public consultation had been unfair since the Council had not told the public what it needed to know about the running costs of libraries so that groups could make informed responses in support of voluntary arrangements, and had not been told the basis upon which the Council would appraise their alternative proposals." (para. 4)

Yes, I agree that this is true Justice Ouseley.

Overall, I am bound to say, this was a very disappointing and dispiriting judgement. I salute the people of Brent for bringing this case. My fear now is that Brent Council will feel itself emboldened in this course of action, obviously they will feel vindicated, but the reality is that they have lost the confidence of the people they are meant to serve.

Let the People of Brent unite in their common endeavour to safeguard our community from this assault on our local libraries. We can despair, but we shall also regroup - with the same practical intelligence and determination we have already shown, to find a better way forward.

This is a sad day for Brent; but also a day on which the Citizens of Brent who give a damn about lifelong education and protecting the vulnerable from abandonment should hold their heads up high. Just not in the High Court.

Monday 10 October 2011

Libraries judicial review ruling expected on Thursday

The judgement on the judicial review of Brent's libraries closure plans is expected to be handed down in Court on Thursday, October 13 at 10am

The Court room has yet to be notified. The outcome of the case will be stated at the hearing and then there are likely to be short arguments by the barristers about what should happen next. The hearing is expected to last no longer than 45 minutes

Please come to the High Court  on Thursday if you can. The Royal Courts of Justice entrance is on the Strand, London WC2A 2LL. See map at http://www.royalcourtsofjustice-events.co.uk/contact-us

Further news will be posted as soon as it is available..

Saturday 20 August 2011

Take action this weekend for Brent libraries

Jeremy Hunt MP, the Secretary of State for Culture, Media, Olympics and Sport, is due to rule in September on whether Brent's library changes (including the closure of half the libraries) will comprehensively and efficiently meet local needs. Hunt has special powers to order a public inquiry into the planned closures if he is so minded. This is a separate procedure from the judicial review case where the decision is due to be announced when the courts resume in early October.

Anyone who wants to make representations to the Secretary of State to persuade him to order a public inquiry should write to him at:
Rt Hon Jeremy Hunt MP
Secretary of State for Culture, Olympics, Media and Sport
Department for Culture Media and Sport
2-4 Cockspur Street
London SW1 5DH

or e-mail Dempster.Marples@Culture.gsi.gov.uk

These are some of the issues that you might want to address:
Whether the Council has failed to make a proper assessment of local needs in respect of its Library Services.

Whether there are specific needs for adults that will not be addressed if the plans go ahead, including the specific requirements for older people, disabled people, unemployed people, and those living in deprived areas.

Whether the proposed cuts will hit some groups of people in Brent harder than others and, if so, who they are.

Whether the Council has had proper regard to the needs of the borough’s children generally, and those from particular backgrounds.

Whether the libraries that are linked with particular schools and/or children’s centres ought to be closed and if not, why not.

Whether the distances the Council expects people to travel to alternative services are too great generally, and whether particular groups of people face particular barriers to travelling.

Whether the Council had a clear understanding of the extent and range of services currently being provided in the libraries, including those which are ‘core’ to the service and those which are ancillary, when it decided to make the cuts.

Whether the reduced service would adequately meet the particular needs of deprived communities.

Whether there is a lack of logic around why some libraries were recommended for closure and not others.


Thursday 21 July 2011

Initial judgement on libraries case in second week of August?

"Although reluctant, the Judge said he might be able to say which party had won by the end of the second week of August, and then provide a full reasoned judgement in October."

From an account of Day 3 of the Brent Library case by I Spy in Queen's Park LINK

An excellent account of the second day from the Bookseller  LINK

Pullman pulls them in

PullmanThe excellent Save Kensal Rise Library  blog has a posting on yesterday's proceedings which include the morning session which I was unable to attend: HERE

There was a packed audience, including many young people, for the Philip Pullman event at Queen's Park School yesterday evening REPORT


Tuesday 19 July 2011

Brent Libraries Challenge: Day 1

A report on the first day's hearing is available HERE on the Brent Green Blog and there is an informative, and amusing,  posting on I Spy In Queen's Park HERE

The Evening Standard has an article about the case and an interview with Tim Lott HERE

I am sorry to have missed today but I hope to make it down to the Strand tomorrow afternoon.

Monday 18 July 2011

I salute Brent library campaigners

On the eve of the judicial review hearing tomorrow I would like to salute all the campaigners fighting against the closure of Brent libraries.

The campaign has involved huge numbers of people across Brent's many communities, it has organised many public meetings, much fund-raising and the involvement of many authors and musician. It has acheived publicity in the local press, national press, TV and internationally. Schools and community organisations have been involved and everyone has united to demand something very simple - our libraries are vital to the community and we intend to keep them.

This is what real democracy looks like - whatever the outcome of the judicial review you have stood up for the whole community and deserve our thanks.