Doncaster defeats legal action over libraries and budget setting

Doncaster Council has defeated a judicial review action over its library policy in a case that was billed as testing the balance of power between elected mayors and all of an authority’s elected councillors.

The case centred on the setting of the authority’s Budget earlier this year. On 23 February, elected mayor Peter Davies proposed his budget for 2012/13 to the council.

The head of the Labour group subsequently put forward an amendment which would have allocated funds to save two closed libraries and stop 12 others from being run by volunteers.

On 5 March, the full council voted – by 43 votes to six with three abstentions – to include the proposed amendment in the budget.

But the following day the Mayor said he would not implement the budget as set by the council and would instead continue with his plan to close libraries or transfer them to volunteers.

Carol Buck, a disabled local resident, launched judicial review proceedings. She was advised by law firm Public Interest Lawyers and backed by campaign group Save Doncaster Libraries.

PIL argued that the law required the Mayor to act “wholly in accordance” with the Budget set by the council.

Mr Justice Hickinbottom heard the case at Leeds Combined Court Centre last month and has now ruled in favour of the council, saying that it had acted properly and lawfully.

Commenting on the judgment, Davies said: "I am of course pleased with the outcome. This was never a decision that was taken lightly but it was necessary in order to make the required savings. Over 300 volunteers have signed up and pledged their time to volunteer in our libraries for free and keep them open for the communities. I am delighted with the success they have become.

"This case should never have been taken to court and I am furious that this has now cost the taxpayers of Doncaster over £30,000. At a time of cutbacks, this is money that could have helped to save jobs."

In a statement on its website Save Doncaster Libraries vigorously defended its decision to bring the case.

The group said: “Naturally we are very disappointed in the outcome of the judicial review. We have met to discuss in brief what we can do from here.”

It added that it would await the written judgment to ensure its members fully understood what had been decided.  

“In summary the moves that are made from now are dependent upon the advice of our legal team from Public Interest Lawyers, the decision of Carol…. and the feel of popular support within Doncaster,” it said.

Save Doncaster Libraries added: “It seems to us that the judge was making distinctions between strategic and operational decisions, and between this and plans. Although the details we do not understand.

“In short, the judge said the council did not have the right to overturn the Executive decision (although of the amendment in question 2 other elements the Mayor did pass therefore it seems he can pick and choose from budget amendments put forward), if this is the case, why do we have the option for the full council to put forward amendments?”