Author: Sally Perry
Legal Action Against Council On Libraries Gets Funded
3:09 pm Thursday, 7th July, 2011, Isle of Wight
ShortURL: http://wig.ht/28Bo
Read More- Budget Cuts, Community, Island-wide, Isle of Wight Council, Library, News
Following the appeal against the loss of legal aid being upheld in the High Court, this in from Leigh Day & Co Solicitors, who are acting on behalf of the Friends of Isle of Wight Libraries. In their own words. Ed
Richard Stein and Rosa Curling in the Human Rights Department at Leigh Day & Co Solicitors are preparing to issue legal proceedings on behalf of a local residents to challenge a decision by the Isle of Wight Council to cut the library service on the island.
The Isle of Wight Council decided to reduce the opening hours of many of the public libraries on the island and confirmed that they would only keep five of them open if the local community took over running them.
Why the decision is unlawful
This decision is unlawful because:
1. it breaches the Council’s duty under the Public Libraries and Museums Act 1964 to provide a “comprehensive and efficient library service for all persons” living on the island;
2. when reaching its decision, the Council failed to act in accordance with its duties to have due regard to the need to tackle discrimination and promote equality, particularly in relation to women, older people and those with disabilities.
Richard Stein and Rosa Curling of Leigh Day & Co said, “Now that legal aid funding has been granted, we are preparing to issue legal proceedings at the High Court in London on behalf of a local resident to challenge the Council’s decision to reduce the opening hours of some libraries and to stop running others. We have advised our client that she has a good case and expect the Court to grant permission for a full judicial review.”
Image: Ben Sutherland under CC BY 2.0
Magnificent! You guys deserve a community medal. Keep up the good work.
From all at the Bembridge Library Users’ Group
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During the last couple of hours I have had numerous emails congratulating me and my fellow campaigners. We do not deserve congratulations any more than any of you who have given us your support- for once (the only time I can think of) I wish to use the words our PM- in this case we are most definitely ALL IN IT TOGETHER. Our grateful thanks go out to one an all as we head towards what we hope will be our final victory over County Hall.
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What a total waste of our taxes this fight will be. There is no money, if we spend on libraries it will come off elsewhere.
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There’s no money on the island because the buffoons who control the IWC are wasting it on fancy offices and discredited PFI projects. Perhaps if the legal challenge fails, you might like to serve the community too by being on hand to photograph the last days of the libraries at Niton, Bembridge and the others.
Well said D’arcy, that is exactly what I was going to say, but you beat me to it, lol!
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I gather Mr Young either lives in Newport or Ryde next door to a library, or is very rich and buys all his books, or does not read therefore sees no reason for others to want to! Never mind even those who do not respect others are entitled to their point of view
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You assume too much DaveQ. Malcolm does not live in either place. Some of us actually agree with his views.
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We’ve already explained why there is no money on the island. How else, pray, do you envisage we protect our rights to information, available to all for 170 years through the public library service? Or would you prefer to keep the masses ignorant? And yes, Malcolm Young does not live in Ryde nor Newport. If you know where he lives, I’m surprised you and he are not supporting the library service.
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Actually Ventnor and I use the library.
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Yes,this is a waste of our taxes: the money would be better spent on our libraries but, if the Council is behaving illegally, then they need to to be made accountable. Plonkers !
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Well done to all concerned. It proves that persistence pays off as Dave & co did not fall at the first hurdle. We must not be railroaded by these muppets.
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Ventnorblog has already stated on here information that the council has under spent. Also they have wasted money spent on Ryde seafront projects on consultants etc that never took place. Money is being thrown around anywhere they like. You and I pay for our librarys from our council tax, therefore you are paying for a service you will now not receive. Could give several examples of money council should not have spent that could be put towards the librarys.
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CP (aka Council mouthpiece) is saying that legal aid has NOTt been granted- what is the truth?
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The legal team (Richard Stein and Rosa Curling of Leigh Day & Co) acting on behalf of the Isle of Wight complainants state, “Now that legal aid funding has been granted,….”
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County Press (page 1) 8 July 2011 “It has also emerged that library campaigners will have to pay up to £10,000 towards the costs of the case FOLLOWING A DECISION NOT TO GRANT LEGAL AID BY THE LEGAL SERVICES COMMISSION (LSC)”.
The question stands: Has legal aid been approved to support challenging the IoW Council on library closures?
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categorically yes, legal aid has been granted and Leigh Day are already in the process of issuing papers requesting a Judicial Review- they could not do this without legal aid being in place. Don’t believe all you read! We all make mistakes and as the CP held space for this article until 2pm yesterday and they received the release at 1.59pm don’t assume they are not helpful.
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Thanks for the clarification!
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Copy date for news stories for the IWCP (Isle of Wight Council Propaganda) newspaper is usually Monday prior to publication. Last minute news stories can sometimes be dropped in on Thursday. This news broke on Friday.
However, have no doubt that this story will be underplayed next week probably with a damning comment from the IWC. You may have noticed how negatively the libraries issue has been played … no hint of support. Letters criticising this administration have been frequently ignored … probably reflecting the political views of the publishers and the fact that the IWC is a major advertiser.
Lack of interest from IWCP also means that regional and national news organisations are less aware of our plight.
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We made The Independent today!
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Also the Daily Telegraph today as well!
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The County Press are not the only local media who dont seem to like rocking the boat. The Island radio station also do well out of the council.
Both get tens of thousands of our tax pounds from our lovely council, despite them having their own One Island magazine.
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Seems to me the only winners here will be Leigh Day & Co.
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Sorry for the delay in sorting this out, having been on the mainland all moring my inbox is overflowing. The CP had the same release as everone else, Leigh Day confirmed that legal aid had been granted. There was no mention of a community contribution in our case, the other case heard in Birmingham yesterday was told by the independent appeal panel that a £1-2000 community contribution would be fair- however the LSC have said IN THAT CASE, NOT OURS, that they intend to ignore the appeal panel and demand £10,000 from the community. I suggest for further info type The Bookseller Magazine into your search engine- thay are giving coverage to all of the legal challenges.
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Well done Dave Q and co – the Big Society in action!
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D’arcy’s comment re local/national NEWS ORGANISATIONS may be less aware could be true, but there are INDIVIDUALS following ALL the library fights with great interest.
We fought and won our fight in Hoylake (Wirral) two years ago, and although it was a 24/7 nightmare for all of us campaigning, I felt at the time that it may set a precedent and it has in some ways. Keep going everyone, you ARE all doing the right thing – the question of finding the money comes NEXT, ie. AFTER you win.
Jim O’Neil
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The Council should stop employing and paying directors huge salaries. This would be a start and free up enough money to spend on our libraries and other public services.
If the Tory councillors are unable to do the work of these so called directors, then they shouldn’t be councillors.
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It’s a shame that similar legislation does not seem to apply to the provision of loos and public information centres. A council that can’t even provide basic amenities (which includes libraries) and yet magically bankrolls their senior executives and daft schemes like the roads project should be held to account.
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