Balloch Library campaigners hope to take battle to court

Campaigners fighting against the relocation of Balloch Library are set to launch a judicial review against the move.

Last spring West Dunbartonshire Council gave the green light to plans to move Balloch Library from its existing Carrochan Road venue to Balloch Campus, located at the other side of the street, which is already home to Balloch and St Kessog’s Primary, Balloch Early Learning and Childcare Centre (ELCC) and an Additional Support Needs (ASN) unit.

Labour say the move will save the cash-strapped local authority around £50,000 annually.

The move was met with fierce opposition from parents and residents, and campaigners have been left furious after a floorplan for the relocated library showed a drop in space from 192sqm to around 55sqm – a 72 percent reduction.

They have now revealed that they will push for a judicial review of the relocation.

The Govan Law Centre have accepted the case, with a statement saying: “Govan Law Centre (GLC) has accepted instructions from a client aggrieved by the closure of a local library in Balloch. Proceedings for judicial review have been raised in the Court of Session, Edinburgh against West Dunbartonshire Council (WDC) today (January 9).”

They are described as a charity who say their aim is to “use the law to challenge poverty, discrimination and disadvantage.”

Their statement continues: “WDC decided on March 1 2023 to close most of its local libraries including Balloch Library, with a proposal to make provision for reduced library services at a room in the Balloch school campus.

“The decision to close was renewed at a meeting of WDC on November 8 2023.”

The Balloch Library protesters at WDC HQ

They say they are planning to challenge the closure on two grounds; section 149 of the 2010 Equality Act, where they claim WDC failed to carry out an equality impact assessment that satisfied the requirements of the 2012 Regulations before making its decisions on March 1 and November 8.

The statement continues: “(WDC) failed to consult with service users of the library including those with disabilities; separately, it failed to consult with services users of the library at Scots common law; and acted unlawfully in making its decisions.

“The council’s provision, criterion or practice to close the library indirectly discriminated against disabled service users and was unlawful in terms of sections 15, 19, 20, 23 and 29 of the 2010 Equality Act.”

WDC’s Labour administration said that relocating the library was the only option to save jobs and keep a library provision in the area, with council leader Martin Rooney telling the Lennox: “We were very keen to try and preserve our library services. We know how important they are.

“We have closed branch libraries in the past, as has the SNP, but the specific option we had was to close the branch libraries or to co-locate them.

“That was it. So we opted to co-locate which saves jobs and the services. It makes the savings in building costs through a combination of all four being co-located as an alternative to closure.

“If we hadn’t taken that option then Balloch and the other three libraries in Clydebank being co-located would have shut this year.”

GV of Balloch Library

The campaign has been led by local resident Willie Croft.

He told the Lennox: “Local residents were dismayed to be told that their library was to be closed and it was to be replaced with a quite remarkably inadequate alternative.

“To add insult to injury this decision was taken with absolutely no consultation, and worse, no attempt to consider anyone with access or particular needs. The effects on older or indeed younger library users have simply been ignored.

“The group is non-party political and recognise the financial difficulties facing the council. Even so, this is a bad decision, badly made.

“This is a remedy of last resort for us.

“Mike Dailly, solicitor advocate who is principal solicitor at Govan Law Centre advises that the petition is likely to be successful. We hope so.”

Margaret Croft, who set up a petition which has now received more than 2000 signatures against the closure, welcomed the news.

She said: “The news of the judicial review gives the Save Balloch Library online petition, at last, a great sense of optimism.

“We have tried so hard to get our elected representatives in the council to do just that, represent us, which they have utterly failed to do.”

Balloch campus parents demo against Balloch library moving into school campus

And Ms Croft went on: “The Labour council and our MSP Jackie Baillie have shown contempt for our community by completely ignoring the social levelling that Balloch Library has provided for the past 50 years.

“It is thanks to the hard work of campaigner William Croft that we’ve got to this stage, and we hope his efforts will force a successful judicial review outcome.”

Margaret’s comments were echoed by Jim Bollan of the Community Party – who has also campaigned against the decision.

He added: “Thanks to Willie Croft and Govan Law Centre for assisting local constituents to have their voice heard in the courts over the closure of Balloch Library by the Labour Council.

“It is shameful that local people need to apply to the courts to seek consultation and challenge possible disability discrimination by the Labour council, over the closure of a vital public library service.”