Press Release for Immediate Release
24th April 2015
For more information contact Dr Rhetta Moran 07776264646 or Kath Grant 07758386208
ALBERT SQUARE HOMELESS CAMP SAY THEY WANT TO APPEAL EVICTION DECISION
Homeless people who have been camped in Albert Square for over a week say they want to challenge a City Council possession order to evict them from their pitch outside the Town Hall.
At Manchester Civil Justice Centre today, they failed in their attempt to overturn a council possession order. They have been told that, if they do not move voluntarily, bailiffs will be sent in. Solicitor Ben Taylor, of WTB Solicitors in Longsight, represented Scott Russell at today's hearing, He said: “My client is deeply disappointed with the outcome. The court dismissed the application on the basis that my client had failed to give a good reason for not attending court on Monday. His substantive defence was not considered by the court because he failed to satisfy this preliminary requirement.
“My client has instructed me to advise him on the merits of appeal. My client is street homeless and is occupying Albert Square not only as an act of protest but also because he feels safe living with other homeless persons there, rather than sleeping alone in a shop doorway.”
Dr Rhetta Moran, of RAPAR, the Manchester-based Human Rights organisation said: “In this case, we are seeing whether and how 'justice' itself is or is not being done and being seen to be done. When courts make technical manoeuvres to avoid dealing with the real issues – in this case the extent of homelessness in this city and the danger that surrounds homeless people when they sleep alone in doorways - it is high time to hold the ground. We hope the homeless people at the camp decide to appeal to stop the eviction. RAPAR re-states its commitment to support them in whatever way we can.”
People from the camp were due to attend court on Tuesday (April 28th) to appeal against the eviction notice but the hearing was brought forward to this morning (April 24th) following an application by Manchester City Council. The possession order was challenged by people at the camp under the Human Rights Act and the Housing Act. Ben Taylor has pointed out that Manchester City Council brought the proceedings - yet the authority has duties, under the Housing Act, to provide accommodation for people who are unintentionally homeless and have a priority need. He said this could apply to some of the people living in the camp.
He added: “For the people who are living on Albert Square, that land is now their home and they have protection under the Human Rights Act Article 8. The court has to respect an individual's home and only evict if it is legitimate and proportionate to do so. I don't believe the court went through that exercise to assess those rights and to determine whether those rights should have been legitimately interfered with.
“The Camp is an act of protest and that means, under Articles 10 and 11 of the Human Rights Act, any eviction would be interfering with people's right to freedom of expression.
“Manchester City Council own the land and have brought these proceedings but, under the Housing Act 1996, Manchester City Council also has obligations and duties to assess and provide accommodation to the homeless who are unintentionally homeless and have a priority need.
“I would have liked and preferred to have seen Manchester City Council, instead of taking proceedings to evict, first to investigate whether any of the individuals on the land have homeless issues that the local authority has an obligation to address.”
The 20 homeless people have been camped in Albert Square since April 15th when they marched to the Town Hall to protest against homelessness in the city.
Homeless Rights Of Justice Mcr, the Facebook group which formed out of the protest, now has over 1,300 likes.
Please keep an eye on the RAPAR website for updates www.rapar.org.uk/keep-your-coins---we-want-change.html
Note to Editors
Ben Taylor is a founding partner of WTB solicitors and an expert in complex housing issues. Ben frequently deals with cases involving mental health and/or disability discrimination and the duties owed by Local Authorities to those who are vulnerable. He was voted Manchester Legal Aid Lawyer of the Year in 2011 and was the founder of the Manchester County Court repossession duty scheme.