Creating a comprehensive library service –

getting the equality duty right

SUE CHARTERIS for Local Government Association

SEPTEMBER 2013

Introduction

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 emergingService integration, commissioning, community

partnering, some mutuals/commercial providersService changes under critical gazeStaff concerns re risks of job substitution

A service in transition

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:

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

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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:

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

Learning from Judicial reviews 2:

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

In applying the equality duty 1

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 transportClearly in many areas rurality and broadband coverage would be big considerations

In applying the equality duty 2

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 learning from councils’ experience 1

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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,

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 learning from councils’ experience 2

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.

Practical learning from councils’ experience 3

Thank you! suecharteris@equalvalue.org

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_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

Envisioning the Future of the Libraries Service

Community Libraries

LGA Practice site

LGA document 2011?

Reading and sources of support