News

Hard line on legal aid for library battles

27.05.11 | Benedicte Page

Campaigners seeking legal aid to pursue judicial review claims against local library closures are being asked for "community contributions" of over 50% of costs by the Legal Services Commission (LSC).

Isle of Wight campaigners said they had been advised that they needed to raise £15,000 to pursue their claim against closures; Brent is seeking £30,000. Lawyers acting in the Gloucestershire and Somerset cases said they were still "seeking to agree a suitable level" of contribution.

A spokesperson for the LSC said it was quite usual to ask for a contribution in such cases, because while the action may be taken by one claimant eligible for legal aid, it could potentially benefit a whole community. The spokesperson denied that the LSC sets the level of contribution required, but said it looks to be "the minority funder" of the legal action.

Lewisham resident James Holland said being told the community would have to stump up funds had stopped him from starting a claim over New Cross library, due to close tomorrow (28th May). "It wasn't realistic to raise the money because the closure is on Saturday," he said. "They didn't say an amount, but it costs even to put a claim in—and New Cross is not a wealthy area."

In the Isle of Wight, resident Dave Quigley said legal aid claimants were appealing against having to contribute £15,000. "We were told [by the LSC] that the island was an affluent area," he said. "This is not true. We are an unemployment blackspot, and in the areas where the five libraries are closing at least 75% of the population are children, pensioners or on income support."

Solicitor Daniel Carey of Public Interest Lawyers said the LSC had been taking a hard line but also had its own "resource problems". He said: "The LSC's reasoning is that substantial numbers of county residents will benefit from the case, so they should contribute their own funds.  Obviously, when these people are already taxpayers who contribute to legal aid, and when the cases themselves challenge community-run initiatives, this is very hard to swallow. But it becomes an even bigger problem if the level of contribution the LSC expects renders a case impossible to run."
 

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By jo

What is even more infuriating is that the councils are using OUR money to defend themselves in court - money that could fund library services for years to come. Money which they claim they do not have. We are having to pay three times over to hold authorities to account. Meanwhile the DCMS and the Libraries Minsiter is doing nothing! Are they hoping we will fail so they can continue to do nothing? The whole basis of many of the claims is that poor communities are being told to fund and run libraries themselves when they cant afford to. Why then should they pay to defend them due because of Ed Vaizeys lack of action and incompetence. It is disgusting. The rich get justice and the rest of us watch important services being taken away from the most vulnerable in society. Shame on Ed Vaizey, shame on central goverenment, shame on LSC and shame on local authorities who are contravening laws.

Fri, 27/05/2011 - 13:24
By NeilM

It appears that this is just another way of preventing local people from having any say in the services provided by local authorities, and of course preventing anyone but the wealthy from obtaining any sort of justice through the courts. This government really is determined to try to take us back to the 19th century.

Fri, 27/05/2011 - 13:52
By Fiona Kirton

The Libraries Act 1964 was set up to protect the Library service for the most vulnerable in society,the housebound, elderly and disabled. The very groups that would need legal aid in order to protect their rights. This is just another shabby way of the government trying to wriggle out of their responsibilities under the Libraries Act. I wonder who whispered in whose ear to persuade LSC to take this unprecedented line.

Fri, 27/05/2011 - 14:09
By John Irven

Anyone wishing to pledge a contribution to the Somerset legal action, for which PIL are giving an indication of a target of up to £5,000 please email to watchetlibraryfriends@hotmail.co.uk . Once the final target is agreed, the pledges will need to be converted into actual contributions. John Irven

Fri, 27/05/2011 - 14:34
By P. Richardson

This is scandalous. Reality is now saying that unless you are a wealthy footballer, or a disgraced banker, the law and justice exclude you from obtaining redress from local councils and accountable ministers, even when it is written into law! Jeremy Hunt is Ed Vaizey's boss, and thus accountable for his junior's behaviour. What is the matter with the pair of them?
Are we actually saying that in 21st century Britain someone's mistress and keeping personal secrets are more important than opening, to proper public scrutiny, the damage that the loss of these libraries will cause to us all?
I propose a public scrutiny panel for each area on the grounds of a small claims court, where people represent themselves and their evidence. We all know we are smarter than "them."
Or do we live in a country where we all just spit in the wind?
Patricia Richardson

Fri, 27/05/2011 - 14:43
By Dave Q

Couldn't agree more. LSC are part of the Justice Department, Justice Department are part the coalition of con men who are suposedly governing us at present so it dosent take much working out where blame for this fiasco with legal aid falls!

Fri, 27/05/2011 - 19:05
By Dave Q

Can we also ask for donations to help save the IW Libraries, our solicitors taking all donations and should the case not proceed, all donations will returned. Donations can be made made in 2 ways, either via Paypal to my web address djqhda@yahoo.co.uk or to Leigh Day & Co.Solicitors, Priory House, 18-25 St John's Lane, London EC1M 4LB marked for theattention of Shirley Bright. Please make sure that in either case you make sure that you mark it as being for the legal action by the Friends of the IW Library Service. Thank you in advance.

Fri, 27/05/2011 - 19:12

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