This document discusses creating comprehensive and efficient public library services while complying with equality duties. It notes that library services are in transition due to financial pressures and digital changes. Common approaches include service integration, commissioning, and partnerships with community and commercial providers. The document examines navigating legal frameworks including the Public Libraries and Museums Act 1964, Equality Act 2010, and Best Value duty. It provides lessons from judicial reviews, including the need for thorough consultation and impact assessments. Practical guidance includes developing a library strategy with a clear vision, assessing local needs, consulting communities, and allowing time for transition.

1. Creating a comprehensive library
service –
getting the equality duty right
SUE CHARTERIS for Local Government Association
SEPTEMBER 2013

2. Introduction

3. A service in transition
 Core purpose of service recently restated by ACE
 Role of libraries in building a strong local economy
 Financial pressures :‘comprehensive and efficient’
 Communities adjusting to digital world – at differing paces
 Local solutions with some common patterns emerging
 Service integration, commissioning, community
partnering, some mutuals/commercial providers
 Service changes under critical gaze
 Staff concerns re risks of job substitution

4. Some common questions:
 Do we have to consult specifically on changes to the
library service if we have already done a comprehensive
budget consultation?

Given localism, what is the role of the Secretary of State
in determining what is a ‘comprehensive and efficient’
public library service’?
 If we decide to work more closely with potential
community providers do we have to spell out what we
think is our statutory duty and what is discretionary?
 If we externalise the service whose responsibility is it to
consult communities on any future service changes?

5. Navigating the hybrid legal framework
 Public Libraries and Museums Act 1964
 The Best Value Duty- 2011 guidance
 Localism Act 2011
 Equality Act 2010 – S.149 Public Sector Equality Duty
 Judicial Reviews:
 Courts understand council’s obligations to make savings
to balance the books. But, getting both the equality duty
and best value duties right are proving key to sound
decisions

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7. Learning from Judicial reviews 1:
 The courts will examine the process you have gone
through
 Clearly document all factors in your considerations
 The equality duty requires you to ‘have regard to the
needs of protected groups’(which may be different)…’
so,this will require a thorough needs assessment
 Duty needs to be addressed throughout, and be
‘embedded in the process’- with substance and rigour
 Lawyers describe this as ‘ directing the mind’ to … It’s not
enough to act on your experience, inherent local
knowledge and ‘nous’

8. Learning from Judicial reviews 2:
 Do a thorough analysis of local need- do not ‘assume’
Consultation needs to be:
 ‘At a time when proposals are still at a formative stage
 The proposer must give sufficient reasons for any
proposal to enable intelligent consideration and response
 Adequate time must be given for consideration and
response
 The product of consultation must be conscientiously
taken into account in finalising any proposals’
Brent LBC ex parte Gunning (1985) 84 LGR 168

9. In applying the equality duty 1
 Consider the
potential impact of changes on all protected
groups, but not to the point of being over – literal ( Brent
judgement)
Worked Example:
 Lambeth Council’s Libraries Commission was provided with
evidence on:
 Usage analysed by race, gender, disability, age, sexual
orientation per catchment area
 The council used
this data and an analysis of borough wide
needs to do an analysis of comparative geographic need to
best ‘ understand the implications of any relocation of library
facilities on vulnerable communities within Lambeth

10. In applying the equality duty 2
 The 9 data sets used by Lambeth were:
 GCSE attainment
 Indices of multiple deprivation, heath domain data etc
aggregated to ward level
 IMD crime data
 Perception data including satisfaction with the local area as
a place to live and percentage of people getting on well with
one another
 Unemployment rates at ward level
 Free school meals
 Accessibility of the ward- analysed by public transport
Clearly in many areas rurality and broadband coverage would
be big considerations

11. Practical learning from councils’ experience 1
 Develop a library strategy that includes
 A clear vision for your library service
 What you want the service to achieve
 How you propose to deliver? taking into account:
 How well it meets local needs, both now and in the
future, drawing on documented evidence you hold
locally*, as well as members and officers’ local
knowledge,
 Equality impact assess your proposals and the impact
on all ‘protected groups’ specified in the Act and also
use this combined evidence to think about:

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13. Practical learning from councils’ experience 2
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Whether there may be better ways of meeting local needs,
including those in your most disadvantaged communities,
bearing in mind the £ and staff capacity available, then,
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Having considered what you need to do to meet your statutory
requirements;
 Inform communities and consult widely on options and on
specific opportunities
 Give time for communities to generate (alternative or
complementary)proposals

Involve staff and trades unions in generating options

14. Practical learning from councils’ experience 3

Stay on the front foot in communicating – being
prepared to adapt your proposals in the light of feedback
is key to securing genuine consultation and involvement

Build this into your timescale for change, recognising
the need for a period of transition.

15. Thank you! suecharteris@equalvalue.org

16. Sources of information
 ACE: Envisioning the Future of the Library Service
 http://www.artscouncil.org.uk/media/uploads/pdf/The_library_of
_the_future_May_2013.pdf
 ACE: Community Libraries
 http://www.artscouncil.org.uk/media/uploads/pdf/Community_li
braries_research_2013_guiding_principles.pdf
 LGA: Local Solutions for Public Libraries Services
 http://www.local.gov.uk/web/guest/publications/-
/journal_content/56/10171/3639438/PUBLICATIONTEMPLATE
 Public Libraries News:http://www.publiclibrariesnews.com

17. Reading and sources of support

Envisioning the Future of the Libraries Service

Community Libraries

LGA Practice site

LGA document 2011?