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Monday 16 June 2014

Lincolnshire Libraries and Statutory Duty

My eye was caught by a discussion on the "comprehensive and efficient" library duty by a Lincolnshire MP.  A view has been expressed that this is the first time that the duty has been legally challenged.  That is not so.  It was discussed by the judge at length in the Brent case, and I believe has featured as a grounds of challenge elsewhere.  The Brent judgement suggested that complaints should primarily be made direct to the Secretary of State rather than via a Judicial Review.  The relevant paragraphs are at 71 to 73 of the judgement and at paragraphs 93 to 96 of the Brent judgement

What I do think unique in the Lincolnshire approach is that they use "efficient" to argue they have a legal duty to run the service for minimal funding.  The Lincolnshire report appears to have been taken down, but I remarked on it at the time

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