Council refuses to release library closure legal advice

District council says it won't be making information public

WEST Berkshire Council has refused to disclose what legal advice it was given regarding the proposed closure of eight libraries.

Many have questioned whether the council’s original plan to close all but one of the district’s libraries was legal.

Under the 1964 Public Libraries and Museums Act, local authorities have a statutory duty to provide a ‘comprehensive and efficient’ library service.

Campaigners have argued that keeping one library open could not be considered comprehensive or efficient.

The council has admitted that it had to take advice from the Department for Culture, Media and Sport (DCMS) and its own legal team , given the “vague nature” of the Act, but said it ‘challenged’ claims that its original proposals were illegal.

However, this week it ref-used to make public any of that advice – saying that it could prejudice any future challenge it could face in court by doing so.

Campaigner Alan Childs, who made the request for information under the Freedom of Information Act, accused the council of hiding behind the law by refusing to release the information.

He said: “They have failed to explain to the people who pay council tax how they have managed to get themselves in this mess.

“People make mistakes, but historically it’s the cover-ups that cause problems.”

In its response, the council said: “The authority considers the legal advice it has received, and its privileged correspondence with counsel, along with the legal advice passed from legal services to the library service, currently falls within the position of legal professional privilege, in that it relates to a possible future legal challenge.

“It is therefore our view that the public interest in withholding this information outweighs the public interest in supplying it.”

After discussions with the DCMS and following feedback from the public consultation, the council decided to use £475,000 ‘transitional funding’ to give six of the eight libraries facing closure a temporary reprieve. However, two libraries – at Theale and Wash Common – are due to close subject to a detailed Needs Assessment being completed.

In a recent public meeting, West Berkshire Council’s executive member for culture, Hilary Cole, admitted the council had taken a risk by only proposing to leave one library open, but said it had been given no choice because of government funding cuts.

In a report published earlier this year, the council’s library services manager Mike Brooks said: “Discussions with the DCMS revealed the need for a detailed Needs Assessment to inform any changes to the way libraries operate.

“The council will fail in its equality duty, and also statutory duty, to provide a comprehensive and efficient library service under the Public Libraries and Museums Act if it proceeds with a major reduction in its libraries service without due process.

“I recommend the proposal be reconsidered so that libraries are retained, pending the outcome and recommendations of an independent Needs Assessment.”

West Berkshire Council has since dismissed claims that it would be using most of the transitional funding to pay for the Needs Assessment, rather than keeping libraries open.

Mrs Cole said last week: “We chose to put £475,000 towards supporting our library service this year and I can reassure residents that this money will be used to help keep our branch libraries open, pending the outcome of the Needs Assessment.

“It’s far-fetched to suggest that the bulk of the transitional funding will be used. We believe it will cost less than £30,000 and the cost will be met from the annual budget assigned to the library service.”