High Court judge refuses permission for challenge to library closure

A High Court judge has refused campaigners permission on the papers to bring a judicial review challenge over a Welsh council’s decision to close a library.

The case of R (Hadland) v Rhondda Cynon Taf County Borough Council centred on a plan to shut the Rhydyfelin library.

The Rhydyfelin Library Support Group claimed that they were not given an opportunity to object to the closure, after the council at the last minute reprieved the library in Pontyclun instead.

The Rhydyfelin library was not one of the original 14 libraries earmarked for closure, the group said. They also claimed that there had been a breach of equalities duties.

According to 11KBW, the High Court judge – Mr Justice Foskett – said: “This is another example of many throughout the country where cuts in public expenditure require local decisions to be made which will be unpopular with and unwelcome to some sections of the local community.

“If such cuts are not made, they have to be made elsewhere within the public budget with equally unpopular consequences in other spheres.”

He added: “There would have to be very solid grounds for granting permission to apply for judicial review in a case such as this where the Claim Form was not issued until the last day of the three-month time limit, coupled with an application for interim relief to prevent the closure of the library planned for the end of this month.

“The Summary Grounds of Resistance dated 2 May contain a convincing refutation of the grounds upon which the application for judicial review is founded and demonstrate that such an application would not succeed and is thus unarguable.”



James Goudie QC and Rachel Kamm of 11KBW were instructed by the county borough council.

The dispute over the Rhydyfelin library closure plan is the latest legal battle involving local authorities seek to change their library provision as part of efforts to make savings.

In March this year the High Court gave permission for a judicial review challenge to Lincolnshire County Council’s proposed changes to its library services provision.