Library exclusion policy

Brighton and Hove Library Services has a responsibility for the care and wellbeing of our staff, volunteers and everyone entering our buildings. This means that every effort is made to ensure that libraries offer a safe and welcoming space for everyone.

The purpose of this policy is to describe how users who break Library Byelaws can be excluded from library premises and/or services. The length of the exclusion can vary according to the severity of the behaviour.

This policy will:

• outline how we will create a safe and enjoyable environment for all service users, volunteers and staff
• ensure the safety and welfare of staff by managing the risk of violence by users towards them
• remove users who are violent, unruly, threatening or causing disorder or harassment
• demonstrate sensitivity to users who have challenging behaviour that may arise from other circumstances including some disabilities/learning difficulties or home and personal circumstances where the behaviour is not necessarily deliberate
• ensure that all incidents will be considered on a case-by-case basis and decisions made by a member of the senior leadership team

Staff will be provided with the appropriate support and training to deal with user behaviours and maintain their own well-being, including both their physical and mental health.

We will:

• behave in a consistent and fair way
• implement penalties and sanctions for inappropriate behaviour

We will work with the police and other relevant stakeholders to keep our staff and users safe.

The policy is based on Brighton & Hove City Council’s Library Byelaws and applies to all users of Brighton & Hove Library Services, whether they are library members or not.

This policy should be implemented alongside Brighton & Hove City Council’s Threat Response Guidance and the Corporate Complaints Procedure. These will provide appropriate guidelines for compliance with the objectives contained in the policy, and to manage the risks associated with work-related violence. 

When an exclusion is enforced, we will:

• ensure that the incident is fully Investigated
• communicate with the relevant individual/s, witnesses and potential stakeholders (emergency and social services) promptly
• ensure that the person/s excluded understands their right to appeal and Brighton & Hove City Council’s complaint procedure
• ensure that the recipient is informed in writing of the reasons for the exclusion and its duration
• ensure the investigation and details of exclusion are recorded and held in line with GDPR procedures

The anti-social behaviours that would lead to an exclusion are outlined in the Library Byelaws.

The exclusion duration table below is an illustrative and not exhaustive list that reflects the associated durations.

The timeframes advertised may be subject to other considerations such as:

• a current or previous exclusion notice
• whether an Acceptable Use Agreement is in place and may therefore result in a longer-term or permanent exclusion

Exclusion durations are at the discretion of the Duty Manager involved and the Deputy Head of Service.

Breaching an exclusion notice may result in the period of exclusion being extended.

Exclusion duration chart

Children and young people

Where behaviour has breached the Library Byelaws a member of the library staff will intervene and the child or young person (YP), via their parent or guardian (where they are present), may be asked to leave the premises with immediate effect.

This is classed as a remedial or day exclusion (see glossary). The type of exclusion will be made clear at the time.

Communication regarding behaviour resulting in a longer period of exclusion will always be discussed with the parent or guardian in the first instance where possible.

Following an exclusion

During a period of exclusion library membership is suspended and Libraries Extra membership is revoked.

Acceptable Use Agreement

On expiry of an exclusion an agreement, called an Acceptable Use Agreement will be created between BHLS and the individual concerned.

It will clarify the expected levels of behaviour moving forward and what will happen if they are not adhered to.

This will form the basis of a phased return of library membership. Any necessary adjustments due to a protected characteristic will be incorporated into this agreement.

LE membership is not automatically returned following an exclusion. This decision can be reviewed upon request. A minimum of 3-months compliance with the Acceptable Use Agreement would be required prior to a review taking place.

As part of a full and fair exclusion policy, the right to appeal applies to all exclusions.

An appeal is used to review whether a decision that's been made should be overturned or changed.

Appeals will be assessed on the following criteria:

• the reasons for the exclusion are incorrect
• new information that has not been considered has come to light

Brighton & Hove Library Service will look at an appeal request to see if:

• the procedure was followed in a fair way
• the outcome was fair

This means that:

• an appeal will be heard by a member of staff not previously involved in issuing the original exclusion
• an appeal will be heard by a member of staff more senior than the original investigating officer
• we'll carry out another investigation, if necessary
• we'll review if a different outcome is appropriate
• we'll provide the outcome in writing as soon as possible

Appeals should be made in writing to the officer named on the exclusion and using the subject line Exclusion Appeal.

Appeals must be received within 5 working days of an exclusion being issued.

An appeal should clearly state:

• your name
• your contact details
• the exclusion reference

The appeal should include:

• why an appeal is being requested (as per the details outlined above)
• the next steps that you would like to be considered

You should make it clear whether you can attend an in-person appeal meeting or whether someone will advocate on your behalf.

It would be good to know whether you have any access requirements that need to be considered. 

An appeal meeting is not always necessary or appropriate.

You will be notified and given a minimum of 5 working days' notice of an appeal meeting date. 

In an appeal hearing, the person carrying out the appeal process will:

• introduce everyone, explaining why they are there if necessary
• explain the purpose of the hearing, how it will be conducted and what powers the person hearing the appeal has
• ask you why you're appealing
• look at new evidence, if there is any
• summarise the points after discussing them, and end the hearing

They will then consider if:

• the original outcome was fair
• they need to change the original outcome, if it's clear it was not right
• a new investigation is needed to find out more before making a final decision

After hearing an appeal, the decision to carry out further investigation steps may be made.

This would be in cases where there's a need to find or look at new evidence that has been raised.

We may:

• re-check the evidence that has been found
• talk to the same people again
• find and talk to new witnesses

The person carrying out the appeal investigation will then write up a confidential report explaining the decision reached. This will be shared with the main stakeholders.

If the extra investigation steps find new or more serious information about the case, this may impact the original exclusion decision. The original decision may be overturned, decreased, upheld or increased.

Where the appeal procedure highlights that the introduction of reasonable adjustments would be beneficial a “reintroduction to the library” plan will be suggested. This will need to be agreed on by both parties.

Appeal decisions are considered full and final.

Appeal – The process by which exclusions are reviewed for accuracy.

Brighton & Hove Library Services – All library buildings, services and resources in the city of Brighton & Hove.

Child/children - Persons under the age of 13

Day exclusion – A restriction on access to library buildings and/or some services for a 24-hour period.

Exclusion - A restriction on access to library buildings and/or some services.

Exclusion duration – The amount of time that a restriction on access to library buildings and/or some services is in effect.

Exclusion duration chart – A chart that illustrates how long a person may be excluded from library buildings and/or some services because of anti-social behaviour.

Exclusion notice – A written declaration which outlines when a person has been excluded from BHLS, why and the duration of the exclusion.

Exclusion Policy – A document which outlines how BHLS will respond to users who break Library Byelaws.

Library Byelaws – A set of rules set in law. They outline the type of behaviour that is not acceptable within a library (both physical and digital).

Libraries Extra (LE) - Access to libraries during unstaffed periods of the day.

One-day exclusion - A restriction on access to library buildings and/or some services for a 24-hour period.

Protected characteristic – A personal trait that cannot be used to discriminate against someone.

Remedial exclusion - A restriction on access to library buildings and/or some services for a 24-hour period.

Right to appeal – The ability to challenge a decision.

Stakeholder – A person, organisation or group who works, volunteers, or may use a particular service.

Young person/people (YP) - A person aged 13 to 19.