R (on the application of Bailey and others) v Brent London Borough Council [2011] EWHC 2572 (Admin), [2011] All ER (D) 123 (Oct)
The duty under s 7 of the Public Libraries and Museums Act 1964 (PLMA 1964) was to have regard to the “desirability” of securing provision of services by other “appropriate means”. Section 7 contained no duty to consider providing a subsidy if the authority did not consider that to be desirable or appropriate. However, the duty under s 7 of PLMA 1964 could not be fulfilled unless an assessment of the needs which the library service should meet had been undertaken.
The authority could not form a lawful or rational view of whether the service was comprehensive and efficient unless it had properly informed itself about those needs. If the claimants could show that something had gone seriously or obviously wrong in law in the information gathering or analysis process, they should have a remedy in the High Court. Otherwise, it should be left to the secretary of state.
