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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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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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

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

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’

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:

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

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

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)

Age

Disability

Gender reassignment

Marriage and civil partnership

Pregnancy and maternity

Race

Religion and belief

Sex

Sexual orientation

Protected Characteristics: Equality Act

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

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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Thank you! suecharteris@equalvalue.org

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_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

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