Controversial Exeter Library event prompts push for legal change

A campaign to close a potential children’s safeguarding legal loophole has been sparked in the wake of a controversial event held at Exeter Library.

Two members of Devon County Council expressed shock that models of genitalia and a condom-fitting device were among the items on display at a scheduled family-friendly event last month as part of the Out There Queer Fest, and submitted complaints about it.
With an investigation by Libraries Unlimited, which supported the event and runs Devon’s libraries, now concluded, one of those complainants – Councillor Ed Hill – has taken his lobbying efforts over the controversy further.
Cllr Hill has secured signatures from 16 other cross-party county councillors on a letter lobbying Devon’s MPs for changes to national legislation.
He claims there are inconsistencies over safeguarding rules that potentially mean some events organised by third-party organisations don’t have the statutory requirements upon them that something organised by the likes of a council would.
“The incident [such as at Exeter Library] revealed a national gap,” the letter states.
“There is currently no statutory requirement for contractors, charities or third party organisations receiving public funds to demonstrate compliance with Working Together to Safeguard Children (2023) or to evidence dedicated safeguarding lead competence for public-facing events.
“This exposes children to unavoidable risk and leaves councils and organisations legally vulnerable.”
The letter then proposes amendments to the Children Act 2004 along with proposed wording because “there is currently no direct statutory duty on third-party organisations themselves to evidence safeguarding competence or dedicated safeguarding lead oversight at publicly funded events”.
Libraries Unlimited has conducted an investigation into the complaints made by Cllr Hill and his independent peer, Cllr Angi Nash.
Its response states that its policy was “followed at all times” in relation to how the safeguarding complaint was handled by its staff member, meaning it did “not uphold this complaint and will be taking no further action”.
It also refuted suggestions that it had issued misleading statements about the event and the positioning of stalls within the library, noting it did “not uphold your assertion of any intent to mislead and stand by our original statement”.
Cllr Hill had also claimed the audio levels through electric speakers at the event had been too loud, however, Libraries Unlimited has stated that unlike for workers, “there is no specific legislation setting noise limits for the audience exposure to noise”.
It noted that the open mic stage was only running for a maximum of three hours, and that the audience could come and go as it pleased.
But it did acknowledge some recommendations for “future best practice”, including that events could pre-warn attendees there may be loud music, speaker locations could be assessed, and in an open mic situation, everyone taking part “should be regularly reminded not to use inappropriate language before they are given the microphone”.
The organisation added it had carried out a safeguarding incident investigation as requested by Devon County Council.
“The report was sent to Devon County Council commissioners earlier this month,” a spokesperson said.
“There is no requirement to retain any CCTV footage in relation to the investigation. 
“We confirm that Libraries Unlimited has always had a designated safeguarding lead (DSL) and in addition has multiple deputies to ensure coverage during periods of absence.
“The DSL and deputies have all had the required training for this role.   
“Libraries Unlimited is committed to ensuring the safety and wellbeing of all children and young people when visiting our libraries.”
It further added while it had “thoroughly investigated” the issue, it understood Cllr Hill was taking his concerns further.
“We understand that the complainant is referring the issue on to other bodies, and we’re happy to engage with these organisations if they wish to investigate further,” a Libraries Unlimited spokesperson added.
While Cllr Hill’s letter has not yet had any responses from Devon MPs, his lobbying efforts have been noticed by the member for Great Yarmouth, Rupert Lowe MP.
Mr Lowe has written to Cllr Hill, noting that safeguarding should “never be optional, inconsistent, or left to chance, yet as you have rightly highlighted, that is exactly what is happening at publicly funded events across the country”.
“Your proposed amendment to Section 11 of the Children Act 2004 addresses a longstanding legislative gap and deserves serious consideration,” he said.
“At present, the legal duty rests almost entirely with the commissioning authority, while subcontractors, charities and event partners can operate without any statutory obligation to meet national safeguarding standards.
“That is an indefensible loophole.”
Mr Lowe said he would raise the matter in Parliament.