WX, R (On the Application Of) v Northamptonshire County Council

WX, R (On the Application Of) v Northamptonshire County Council

The Council's decision-making process broke down after the KPMG Advisory Notice; the Cabinet and Council failed to properly consider consultation responses, statutory duties under s.7 of the 1964 Act, the public sector equality duty, and the impact on children's centres. The decisions to close libraries and set the library budget were unlawful and must be quashed.

Parties
Claimant: WX (by her mother); Claimant: John Connolly; Defendant: Northamptonshire County Council
Jurisdiction
England and Wales
Judgment Date
14 August 2018
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claims allowed; permission granted; impugned decisions quashed
Legal Topics
Statutory Duties of Local Authorities, Public Consultation, Library Closures, Public Sector Equality Duty, Children's Centres, Budgetary Decisions, Judicial Review Grounds
Administrative Law Local Government Law Equality Law Children Law Statutory Duties of Local Authorities Public Consultation Library Closures Public Sector Equality Duty +3 more

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Parties

WX (by her mother)

Claimant

John Connolly

Claimant

Northamptonshire County Council

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council lawfully consulted on library closures
  2. 2 Whether the Council complied with its statutory duty under s.7 Public Libraries and Museums Act 1964
  3. 3 Whether the Council complied with the public sector equality duty under s.149 Equality Act 2010

Ratio Decidendi

The Council's decision-making process broke down after the KPMG Advisory Notice; the Cabinet and Council failed to properly consider consultation responses, statutory duties under s.7 of the 1964 Act, the public sector equality duty, and the impact on children's centres. The decisions to close libraries and set the library budget were unlawful and must be quashed.

Court Disposition

Claims allowed; permission granted; impugned decisions quashed

Orders

  • Cabinet decisions of 27 February 2018 and 13 March 2018 quashed
  • Library budget head decided by Council on 28 February 2018 to be reconsidered