Creating a comprehensive library service - getting the equality duty right. Sue Charteris, LGA Leadership Seminar for Portfolio Holders, February 2014

1. Creating a comprehensive library
service –
getting the equality duty right
SUE CHARTERIS for
LGA Leadership Seminar for Portfolio Holders, February 2014

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3.  Envisioning the Library of the Future, set out four priority areas
 Place the library as the hub of the community
 Make the most of digital technology and creative media
 Ensure that libraries are resilient and sustainable
 Deliver the right skills for those who work in libraries
 Society of Chief Librarians (SCL) has developed a set of four
Universal Offers for the Modern Library Service
 Reading offer
 Health offer
 Information offer
 Digital offer
Priorities and context for a changing service

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6. Financial pressures immense
Libraries, required to be: 'comprehensive and efficient’
Communities adjusting to digital world
Local solutions with common patterns:
Commissioning, combining, community partnering:
trusts, mutuals/commercial providers
Service changes under critical gaze
Changing relationships with volunteers
‘Hub and spoke’ becoming frequent in counties
All within a commissioning framework
A service in transition

7. 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?
Some common questions:

8. 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
Navigating the hybrid legal framework

9. 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’
Learning from Judicial reviews 1:

10. Do a thorough analysis of local need- do not ‘assume’
Best Value principles state that 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
Learning from Judicial reviews 2:

11.  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 ‘protected groups’ 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
In applying the equality duty 1

12. 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
In applying the Equality Duty 2

13. Geographical considerations will dictate what
considerations are most relevant: including:
Rural isolation
Peripherality: distance from services and implications for
service spread and cost
Broadband coverage
Access to transport
Pockets of socio- economic inequality
In all cases- think about methods for mitigating
adverse impact
Applying the Equality Duty: 3 ( County example)

14. Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion and belief
Sex
Sexual orientation
Protected Characteristics: Equality Act

15. 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:
Practical Steps: learning from experience 1

16.  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,
 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
Practical Steps: Learning from experience 2

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18. Thank you! suecharteris@equalvalue.org

19.  http://www.equalityhumanrights.com/public-sector-equality-
duty/public-sector-duty-faqs/#Q1
 ACE: Envisioning the Future of the Library Service
 http://www.artscouncil.org.uk/media/uploads/pdf/The_library_of_the_f
uture_May_2013.pdf
 ACE: Community Libraries
 http://www.artscouncil.org.uk/media/uploads/pdf/Community_libraries
_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/PUBLICATION-TEMPLATE
 Public Libraries News:http://www.publiclibrariesnews.com
Sources of information

20. Community Libraries Typology
Independent Community Libraries
 Assett owning
 Non assett owning
Co produced libraries
 Community managed
 Community supported
 Commissioned community- whole or part of
service Source: Locality Report