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Library closures were 'unlawful', says High Court judge Library closures were unlawful, says High Court judge
(about 1 hour later)
A decision to close 21 libraries in Somerset and Gloucestershire has been ruled "unlawful" by a judge.A decision to close 21 libraries in Somerset and Gloucestershire has been ruled "unlawful" by a judge.
Somerset County Council wanted to withdraw funding for 11 libraries and Gloucestershire County Council wanted to stop funding 10 libraries.Somerset County Council wanted to withdraw funding for 11 libraries and Gloucestershire County Council wanted to stop funding 10 libraries.
Judge Martin McKenna, at the High Court, said the closures did not comply with "public sector equality duties" owed to vulnerable social groups. At the High Court, Judge Martin McKenna said the closures did not comply with "public sector equality duties" owed to vulnerable social groups.
These include the elderly, disabled, single mothers and children.These include the elderly, disabled, single mothers and children.
The decision means the closure plans have been reversed.The decision means the closure plans have been reversed.
'Big society' Campaigners began the legal action after the two authorities announced plans to cut costs.
Campaigners had begun legal action after the two authorities announced plans to cut costs. 'Big Society'
In a statement, Public Interest Lawyers, which was representing the campaigners, said it was "very pleased" with the ruling. In a statement, Daniel Carey of Public Interest Lawyers, the firm representing the campaigners, said: "Today's High Court ruling sends a clear message not only to Gloucestershire and Somerset, but to every council in the country that catering for the needs of the vulnerable must be at the heart of any decision to cut important services such as libraries.
Daniel Carey, of the firm, said campaigners were worried about the impact of the cuts on minority groups. "The 'Big Society' cannot be relied upon to justify disenfranchising vulnerable individuals from the services on which they rely."
He said they had been "pointing to the disproportionate effect that the cuts would have on disadvantaged groups such as the elderly, single mothers and the disabled". Demelza Jones, from Friends of Gloucestershire Libraries, said: "This is a real vindication for our campaign which has long said that is it unfair to remove libraries from the most disadvantaged and vulnerable members of our communities."
"Today's High Court ruling sends a clear message not only to Gloucestershire and Somerset, but to every council in the country that catering for the needs of the vulnerable must be at the heart of any decision to cut important services such as libraries. However the judge ruled in favour of Gloucestershire County Council on two of the three claims made against it over its duty to provide a comprehensive library service to the community.
"The 'big society' cannot be relied upon to justify disenfranchising vulnerable individuals from the services on which they rely. Ken Maddock, the Conservative leader of Somerset County Council, said that he welcomed the "court's agreement that our plans would still provide a comprehensive and efficient service".
"I am very pleased for the thousands of residents who have supported this campaign," he added. He added: "We also welcome the judge's comments that our consultation process met all requirements."
Demelza Jones, from Friends of Gloucestershire Libraries, said the group was "absolutely delighted" with the judge's ruling. 'Huge disappointment'
"This is a real vindication for our campaign which has long said that is it unfair to remove libraries from the most disadvantaged/vulnerable members of our communities," she said.
However the judge ruled in favour of Gloucestershire County Council on two of the three claims made against them over their duty to provide a comprehensive library service to the community.
'Icing on cake'
Ken Maddock, the Conservative leader of Somerset County Council, said: "We have worked with communities ever since we took the decision to reduce the libraries budget earlier this year.
"It was tremendously encouraging to see the number of people wanting to come forward and take over many of the libraries concerned.
"I am absolutely confident that in many cases libraries would not have closed... we welcome the court's agreement that our plans would still provide a comprehensive and efficient service, we also welcome the judge's comments that our consultation process met all requirements."
Pete Bungard, Gloucestershire County Council's chief executive, said: "The judge found we needed to do more with regards to our responsibilities under the Equalities Act.Pete Bungard, Gloucestershire County Council's chief executive, said: "The judge found we needed to do more with regards to our responsibilities under the Equalities Act.
"This is a huge disappointment as we take our duties here extremely seriously."This is a huge disappointment as we take our duties here extremely seriously.
"With hindsight, we approached this as a transfer to the community rather than a statutory closure where a more thorough approach would have been taken.""With hindsight, we approached this as a transfer to the community rather than a statutory closure where a more thorough approach would have been taken."
Campaigners argued the councils had to provide a "comprehensive and efficient" library service under the 1964 Museums Act.Campaigners argued the councils had to provide a "comprehensive and efficient" library service under the 1964 Museums Act.
James Goudie QC, representing both Gloucestershire and Somerset county councils, had argued that a comprehensive service did not mean blanket coverage over a geographical area.James Goudie QC, representing both Gloucestershire and Somerset county councils, had argued that a comprehensive service did not mean blanket coverage over a geographical area.
He said that community-run libraries were "the icing on the cake" and if they were to fail then the council would still be providing a comprehensive service.
He also argued that libraries could not be exempt from council budget cuts.
The councils were refused permission to appeal, but they can apply directly to the Court of Appeal in a bid to take the case further.The councils were refused permission to appeal, but they can apply directly to the Court of Appeal in a bid to take the case further.