High Court judge rules that Norfolk County Council was ‘fair’ with King’s Lynn Library application process

A High Court judge has ruled that the county council was fair with its procedure in deciding who would take on Lynn’s Carnegie Library building.

This morning, a report was published by Judge Karen Walden Smith at the High Court in London, clearing Norfolk County Council of any wrongdoing during its application process.

The authority was taken to court by The Margery Kempe Trust, a newly formed charity that applied and lost out on taking on the historic building.

The judge found the claim had no grounds, and the process was entirely “fair and proper”.

Earlier this year, The Garage Trust emerged victorious from an application process to determine who would take on the building.

However, The Margery Kempe Trust claimed that there was a “long-standing, preferential relationship” between the council and The Garage Trust that contributed to its selection.

A High Court hearing took place on October 16, where Antonia Hayes, one of the founders of The Margery Kempe Trust, argued her case.

She was cross-examined by counsel Sam Fowles, who represented the council, and claimed the charity was a “losing bidder complaining about why they lost”.

A spokesperson from Norfolk County Council said: “We welcome the High Court’s clear and decisive judgment in favour of the council.

“This ruling affirms the integrity of our decision and the thorough, competitive process that led to the selection of the new custodian of this historic building.

“We now look forward to working closely with The Garage Trust to see the Carnegie building brought to life in a new way that honours its legacy and benefits the people of Lynn.”

The judge said in her report: “For the reasons set out above, the grounds for seeking permission to judicially review the decision of the council to dispose of the Carnegie Library building to the interested party are not arguable and the application is dismissed.

“In these circumstances, I do not consider the application for a costs capping order. The trust is to pay the costs of the council limited to the costs of counsel for this application.”

The Margery Kempe Trust said that they are grateful to the judge that she aknowledged that they “were not a disgruntled, unsuccessful bidder, and that there was much more to our challenge than that”.

A spokeserperson from the trust said: “We created The Margery Kempe Trust to save the Carnegie Library for the people of Lynn, and to honour our town’s internationally significant literary heritage as the birthplace of English life writing.

“Like many other residents, we disagreed with the decision to dispose of the Carnegie Library and ultimately believe the building should have been kept as a public asset.

“We tried our best to fight the decision but the bar for Judicial Review is high. Only 5-10% claims proceed to a full hearing.”

Ms Hayes has alleged that The Garage Trust made a previous application to take on the library building in 2022 and subsequently received feedback from councillors.

The core of The Margery Kempe Trust’s complaint is based on supposed “evidence” indicating that The Garage Trust secured a £10,000 grant from the council specifically for the Carnegie, two months before the application process opened.

However, the judge found the Garage Trust’s actions were “entirely usual”, that there was “nothing irregular”, and they were “only doing that which was sensible”.

The report also states that the Garage Trust’s actions “did not undermine the integrity of the ultimate decision” and that “there is no evidence that the council assisted in the obtaining of these grant monies”.

The judge ruled that there is “no evidence of any other political, business or personal interests shared”.

The spokesperson from The Margery Kempe Trust added: “Most of all, we’re thankful for the overwhelming support and encouragement we’ve received from our community.

“While our legal challenge focused on official procedure, our investigation uncovered a much deeper issue: a disconnect between local governance and the community it serves.

“It does not change that a private proposal to convert and extend the Carnegie Library into a performing arts space was put forward by The Garage Trust in 2022, long before it was announced that the library might be sold.

“And it does not change the fact that public consultation around the building’s future was inadequate - a concern shared by multiple county councillors at a scrutiny committee call-in last year.

“We’re excited to continue our commitment to celebrating the lives and stories of Lynn, growing our organisation and programme, and working with you to discover, craft, and share your stories.”

The library services currently housed at the Carnegie will be moved into the new multi-use community hub in the town centre later this year.

The Carnegie was in high demand, and The Margery Kempe Trust was one of numerous applicants.

It is a group set up by three Lynn residents - Antonia Hayes, James Goodman-Stephens and James Wadham - to share and document residents’ stories.

They wanted to use the Carnegie as their future base to run their project, which included conducting writing workshops.

At the end of the decision-making process, the council decided that The Garage Trust was the best bidder.