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Local library services. Your local library provides many services such as book loans, CD rental and internet access. Enter a postcode. For example SW1A 2AA. Find your local council. Find a ...
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- Introduction
- What The Law Says About Public Libraries
- Role of Central Government
- Role of Councils
- What to Do If I Think A Council Is in Breach of The Act
- What DCMS Will and Will Not Investigate
- Representations to DCMS
- How DCMS Considers A Complaint
- Outcome of Ministerial Decision
- Annex A: Equalities
This guidance is intended to help councils in England and others in considering library service provision as a statutory service. It sets out: 1. what the law says about the public library responsibilities of the Department for Culture, Media and Sport (DCMS), Department for Levelling Up, Housing and Communities (DLUHC), and councils 2. how to make...
Legislation: the Public Libraries and Museums Act 1964
Public library services are funded and either run or commissioned by local government. Library authorities (unitary, county or metropolitan borough councils) have a statutory duty under the Public Libraries and Museums Act 1964 ‘to provide a comprehensive and efficient library service for all persons’for all those who live, work or study in the area (section 7). The Act allows for joint working between library authorities and councils may also offer wider library services (for example, loanin...
Other legal obligations
In drawing up and delivering their library strategies and plans, councils should consider a number of legal obligations, including under: 1. the Equality Act 2010 including the Public Sector Equality Duty 2. Best Value Duty 2011 guidance 3. Localism Act 2011 4. the Human Rights Act 1998 Decisions made by councils about library services may also be subject to legal challenge by way of judicial review. More information on these can be found in Annex A: Equalities and Annex B: Judicial Reviews.
Department for Culture, Media and Sport
The Secretary of State for Culture, Media and Sport (and other ministers on their behalf) has a duty under the Act to: 1. superintend and promote the improvement of the public library service provided by councils in England 2. secure the proper discharge by councils of their functions as library authorities The Act also provides the Secretary of State with the statutory power to intervene and call a local inquiry when a library authority fails (or is suspected of failing) to provide the requi...
Department for Levelling Up, Housing and Communities
The Department for Levelling Up, Housing and Communities is responsible for the Local Government Finance Settlement. This provides funding to local government and councils receive an overall sum of money which is based on the assessment of local needs. Decisions about resource prioritisation within this (including for libraries) sit with councils, as the locally democratic and accountable body.
The Localism Act in 2011contains a wide range of measures to devolve more powers to councils and neighbourhoods and give local communities greater control over local decisions. It is for individual councils to decide how to allocate their funds. Every council in England is required to provide a ‘comprehensive and efficient’ library service under th...
If you think a council is in breach of its duties under the Act you can: 1. respond to the council’s consultation on its library service proposals 2. engage with the council in other ways, in addition to this formal consultation process - for example by attending, and raising questions at council meetings 3. make an official complaint to the Secret...
DCMS does not treat all representations concerning changes to library service provision, including closures, as a formal complaint within the scope of section 10(1)(a) of the Act. DCMS will not treat representations raised as a formal complaint: 1. which are trivial, vexatious or a repeated request 2. where the council has not made a final decision...
What is useful to include in any representation
Anybody can complain to DCMS about library service provision in a particular council. You do not have to be a resident of that council. If you complain on somebody’s behalf you should have their permission or a right to act for them. Your representation should outline clearly why you consider the council is not meeting its statutory duty. It should: 1. be specific by: 1.1. stating the precise issues that you think means the library service provision is not comprehensive and efficient 1.2. ref...
Submitting a representation
You can submit your representation to DCMS in writing via: 1. a letter, addressed to the Secretary of State, DCMS, 100 Parliament Street, London SW1A 2BQ 2. email, addressed to enquiries@dcms.gov.uk If DCMS decides your representation should be treated as a formal complaint under the Act, as part of its investigation it may ask you or your organisation for more information. There is no set timescale for dealing with complaints. This will depend on a number of factors, such as: 1. the complexi...
Initial information gathering
Once DCMS has decided that a representation should be treated as a formal complaint under the Act, the department (minister or officials) writes to the council to notify them of its investigation. The letter also confirms that DCMS needs to collate all the relevant information regarding the agreed changes to the library services, and asks the council to provide this. A copy of the letter is published on GOV.UK.
Engagement with the council
DCMS officials will discuss the council’s proposals with it in more detail and ask questions. This may be through a visit or over the phone.
Assessing how the council made a decision
There is no definition in the Act of what constitutes a “comprehensive and efficient service”. The department’s view is that a ‘comprehensive and efficient’ library service is one that best meets local need in the context of available resources and so there is no absolute or uniform standard prescribed. DCMS will consider each complaint on its own merits following careful consideration of a number of factors. These include: 1. if there is any serious doubt or uncertainty that the council is (...
Do nothing
If the Secretary of State considers that the public library service provided by the council remains “comprehensive and efficient” and that an inquiry is not appropriate, the Secretary of State takes no further action and the complaint is closed.
Order a local inquiry
Under the Act, the Secretary of State can order a local inquiry when a library authority fails (or is suspected of failing) to provide the required service. They could choose to do this either: 1. following a complaint that a library authority is failing to carry out its statutory duties (although they do not have to do so) 2. of their own motion (section 10 of the Act) A local inquiry is subject to the Public Libraries (Inquiries Procedure) Rules 1992. This lays out the various processes and...
Every council in England is required to provide a ‘comprehensive and efficient’ library service under the Act. Alongside the Act, councils must also comply with other legal obligations, such as under equalities legislation.
The London Library is an independent lending library in London, established in 1841. It was founded on the initiative of Thomas Carlyle, who was dissatisfied with some of the policies at the British Museum Library.
Many of our libraries also offer a range of services to support and signpost to the wider Family Hubs network. Smart library opening hours - see below. 0116 305 3565....
Information regarding Dudley Borough Libraries, find out how to find a library, renew your books and how to view our Online Catalogue.
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The York Card is now available as a virtual card so you can apply online and there’s no need to visit the library to collect it. Available to all who live or work within the York area, a York Card costs £6 for adult residents or £10 for non-residents who work in the city.
