Caroline Tilley v Vale of Glamorgan Council
| Jurisdiction | England & Wales |
| Judge | The Honourable Mrs Justice Elisabeth Laing DBE |
| Judgment Date | 05 November 2015 |
| Neutral Citation | [2015] EWHC 3194 (Admin) |
| Docket Number | Case No: CO/2592/2015 |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 05 November 2015 |
[2015] EWHC 3194 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
The Honourable Mrs Justice Elisabeth Laing DBE
Case No: CO/2592/2015
Mr Rhodri Williams Q.C. and Mr Christian Howells (instructed by Watkins & Gunn, Solicitors) for the Claimant
Mr Jonathan Swift Q.C. and Miss Joanne Clement (instructed by Vale of Glamorgan Council) for the Defendant
Hearing dates: Tuesday 13 October 2015 — Wednesday 14 October 2015
This is an application by the Claimant for judicial review of a decision of the Cabinet of the Defendant ('the Council'), made on 9 March 2015. There is a dispute about what the Council's Cabinet ('the Cabinet') decided, so I will say no more at this stage than that the decision concerned, among others, Rhoose Library ('the Library'), and whether it should become a community-led library. The Claimant and her children use the Library.
The Claimant was represented by Mr Williams QC and Mr Howells, and the Council by Mr Swift QC and Miss Clement. I am grateful to both teams of counsel and to their instructing solicitors for the hard work which has evidently gone into preparing for the hearing, and for the help I was given during the hearing.
The main issues in this case are
(1) what the Cabinet decided, and
(2) in the light of that
(a) whether this application is premature in so far as it is a challenge to the decision,
(b) whether it is too late in so far as it is a challenge to the consultation which preceded to the decision and if not,
(c) whether the Council's decision was unlawful.
The facts
April 2014
On 28 April 2014 the Cabinet met to consider a report by the Leader of the Council ('the Leader'). That report discussed the Council's review of the library services in its area. The purpose of that report was to seek cabinet approval for proposals following the library review. There were three recommendations. The first was that the Cabinet approve the Library Strategy ('the Strategy') which was attached to the report at Appendix A. This, in turn, included 15 recommendations. The second was that delegated authority be given to the Council's Director of Learning and Skills ('the Director'), in consultation with the Leader, to implement the plan attached to the Strategy, after considering the results of further consultation and specific equality impact assessments ('EIAs'), where relevant. The third was that the report be referred to the Lifelong Learning Scrutiny Committee ('the Committee') for consideration.
This report said that in view of the Council's financial position a fundamental review was necessary. 'Areas to be examined and desired outcomes' were said to include 'the delivery of the Council's statutory duties, work to Welsh Government standards and development frameworks, and provide a high quality service in the most cost effective manner'.
The financial implications were discussed. The Council's 2013–14 medium-term financial plan required £50,000 to be saved from the library budget in 2014–15 and £115,000 in 2016–17. In view of the actual local government settlement for 2014–15 and the forecast reduction in funding in the future, it was considered necessary to review the future savings target and bring forward savings where possible. Paragraph 8 of the report dealt with the savings which it was anticipated might be needed. The contribution of the library service to the target was £500,000 in 2015–16 and 2016–17. Most of that, that is £309,000, would come from employment costs, and £165,000 from premises costs.
Paragraph 10 referred to two key strands of the Strategy. One was 'community supported/managed' libraries. The second was reduced opening hours. Those proposals would have implications for staff. In the section headed 'Legal Implications (to Include Human Rights Implications)' paragraph 12 briefly quoted the duty imposed by the Public Libraries and Museums Act 1964 ('the 1964 Act') on the Council as a library authority to 'provide a comprehensive and efficient library service'.
Under the heading 'Equal Opportunities Implications…', paragraph 15 said that an intended outcome was that the service should be accessible to all and should support 'the most vulnerable individuals as required throughout their lives'. The Council had carried out an EIA. It was considered that there was no potential for discrimination and no adverse impact for 'groups protected under the Equality Act 2010' ('the 2010 Act'). The EIA was at Appendix K. Further consideration and consultation would be needed during implementation of the plan, and 'before some location-specific proposals are implemented', further impact assessments ('IAs') would be done and considered by the Director. Those proposals included the 'increase in community supported/managed libraries' ('CSML') in recommendation 1.
Paragraph 18 referred to a consultation done in November to December 2013. The responses were attached at Appendix G. The plan provided for consultation in areas where a CSML was proposed. This would help 'shape' the detailed location-specific plans and inform specific EIAs where relevant.
The 2014 Library Review
The Library Review ('the Review') dated April 2014 had an executive summary in section 2. Section 2.2 was headed 'CSML'. The Council had researched different models. In many authorities a move to 'community managed' libraries had allowed libraries to stay open. To ensure a smooth transition to this new model it was said to be important that the community was fully supported and equipped with the necessary skills and knowledge to deliver community library service. During 2014–15, work would be done on the development of a volunteer workforce, business planning, data protection agreements and formal agreements between the Council and the communities concerned. It was envisaged that community libraries would be fully operational by April 2015 and supported by a Community Development Librarian ('CDL').
Recommendation 1 was that the Council develop a phased approach to the development of CSML and that this was applied to St Athan, Dinas Powys, Sully and Wenvoe Libraries. Three of these libraries are classified by the Council as 'village libraries'. The Council classifies Dinas Powys as a 'community library'. This version of the Review did not say that the alternative to the plan to develop community libraries was that they should close.
Under the heading 'Next Steps', paragraph 2.7.1 repeated the point that two key strands of the plan, the development of CSML and the reduction in opening hours would have staff implications. Paragraph 2.7.2 said that consultation with communities where CSML were proposed would be 'critical to the success of the Strategy'. This should start shortly after the Strategy was approved.
There was further discussion of the Council's aims in paragraph 3.1 of the Review. These included 'deliver statutory duties, work to Welsh Government standards and development frameworks and provide a high quality service in the most cost-effective manner', identifying gaps in the service and how they could be filled, and 'ensuring the service is accessible to all, supports the most vulnerable and individuals throughout their lives'.
The duty imposed by the 1964 Act was described at paragraph 4.1.1, in more detail than in the report. Paragraph 4.2, under the heading 'National Policy' referred to Welsh Library Standards and to CyMAL (Museums, Archives and Libraries in Wales). 'Inspire', a document published by CyMAL was said to 'set the direction of travel for all libraries in Wales'. It was said that the Council 'uses this document'.
At paragraph 4.4.1 there was a breakdown of the library budget. The Library had the biggest budget of the village libraries: £55,058, compared with a range of £19,377 to £21,074. The budget for Dinas Powys was £130,220, the smallest budget for the community libraries. Wenvoe was the most cost effective of the libraries (£1.80 per visit and £2.10 per issue). The most expensive for visits was St Athan; £4.64 per visit. The most expensive based on cost per issue was Barry, at £6.87. Appendix B contained a full analysis of all the costs. 94% of the population of the Council's area live within 2 1/2 miles of a library. Some users visit more than one library. Money had been spent on premises and most libraries were fit for purpose. St Athan was in a prefabricated building and its condition was a concern.
Paragraph 5.2.1 explained how the Council classifies its libraries into three groups: town libraries, community libraries and village libraries. Classification is decided in accordance with levels of use, opening hours, and space. Which group a library is in then determines its stock and level of service. Barry and Penarth are town libraries. Cowbridge, Llantwit Major and Dinas Powys are community libraries, and the remaining libraries are village libraries. St Athan and Sully are open for 10 hours a week, Wenvoe for 11 hours, and the Library for 27 hours. All are open on Saturdays and on at least one evening. Outreach services were described in paragraph 5.4. A home library service is run by volunteers from 5 libraries.
Paragraph 5.10 referred to existing 'community led' library provision in St Brides Major. A community link library was established by the community after the withdrawal of the mobile library stop. The service is provided in a church hall by volunteers.
Service performance statistics were...
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