Draper v Lincolnshire County Council

Draper v Lincolnshire County Council

The council's consultation was flawed because a central element—the reduction to 15 libraries—was fixed and not open to change, and the council failed to properly consider the expression of interest from Greenwich Leisure Ltd as required by the Localism Act 2011. These shortcomings rendered the decision unlawful and required it to be quashed.

Parties
Claimant: Simon Draper; Defendant: Lincolnshire County Council
Jurisdiction
England and Wales
Judgment Date
17 July 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; council required to reconsider.
Legal Topics
Consultation Requirements, Public Libraries and Museums Act 1964, Localism Act 2011, Public Sector Equality Duty, Procurement Regulations
Administrative Law Local Government Law Public Law Consultation Requirements Public Libraries and Museums Act 1964 Localism Act 2011 Public Sector Equality Duty Procurement Regulations

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Parties

Simon Draper

Claimant

Lincolnshire County Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the consultation process regarding library cuts was lawful
  2. 2 Whether the council complied with statutory duties under the Public Libraries and Museums Act 1964
  3. 3 Whether the council lawfully considered expressions of interest under the Localism Act 2011

Ratio Decidendi

The council's consultation was flawed because a central element—the reduction to 15 libraries—was fixed and not open to change, and the council failed to properly consider the expression of interest from Greenwich Leisure Ltd as required by the Localism Act 2011. These shortcomings rendered the decision unlawful and required it to be quashed.

Court Disposition

Decision quashed; council required to reconsider.

Orders

  • The decision of 3 December 2013 is quashed.
  • The council must reconsider its proposals, including proper consideration of alternative expressions of interest.