Press Release – For immediate release
26th April 2015
Picture from tonight attached
ALBERT SQUARE HOMELESS CAMP TO STAY - DESPITE THREAT OF EVICTION BY BAILIFFS
Solicitor hoping to appeal against Possession Order
Homeless people living at the Camp in Albert Square say they will stay as long as they are able in order to raise awareness of homelessness in the city.
Bailiffs are due to move into the camp to evict them but their solicitor is attempting to appeal against the possession order, which was granted to Manchester City Council on Friday.
Scott Russell, one of the residents of the Camp, challenged the eviction order citing the Human Rights and Housing Acts, but the order was granted – not on the merits of the defence but on the grounds that Scott had failed to turn up to an earlier hearing.
Scott's solicitor Ben Taylor sought permission to appeal but this was refused by District Judge Iyer at Manchester Civil Justice Centre.
Ben, of WTB Solicitors, Longsight, added: “We now await the Legal Aid Agency's decision as to whether funding will be granted to pursue the appeal. Such an appeal cannot be launched without such funding but can be launched even after the eviction has occurred. Once granted, we can renew the application to appeal in front of the appeal court.”
Scott joined the Homeless Camp when it was set up on the evening of Wednesday 15th April and has stayed since then. On Thursday 16th April, notices to quit were served by the City Council and possession proceedings were issued the following day with court papers “served” - thrown into the tents pitched in Albert Square and on the ground in front of the tents. A hearing was listed for Monday, 20th April. Scott did not attend but three representatives from the camp were present.
District Judge Iyer made a possession order on Monday. RAPAR became involved the same day and contacted solicitor Ben Taylor who was instructed by Scott to set aside the order for possession.
On Tuesday, April 21st Ben made a successful application to stay the warrant for possession until this Tuesday, April 28th, so that the application to set aside the order could be heard. But last Thursday, Manchester City Council successfully applied for the hearing to be brought forward to Friday April 23rd.
Just before the hearing, the Council solicitor offered Scott accommodation. He says: “I felt it was a bribe aimed at leaving everyone else at the Homeless Camp stranded with me in a lifeboat.”
He said the City Council had already told a Salford Star journalist that there were no spaces available in Manchester. “How come there was suddenly a space for me? It was a bribe – a derisory offer that I would never take without every homeless person being offered the same as me.”
Now the camp is waiting for the Legal Aid Agency's decision. Tonight there was a visit to the camp from RAPAR Treasurer Farid Vahidi, who recently won a six year battle to be safe. (See http://www.rapar.org.uk/the-vahidi-family.html)
Now residents of the camp are expecting a court clerk to arrive at some point tomorrow (Monday) or on Tuesday to give Scott a letter that tells him he is going to be evicted. When that happens, Scott will have to leave and wait for the decision about the legal aid appeal.
Homelessrightsforjustice, the Facebook group that formed out of last Wednesday’s protest in Albert Square, now has almost 1400 likes.
Please keep an eye on the RAPAR website for updates http://www.rapar.org.uk/keep-your-coins---we-want-change.html
For further information contact Dr Rhetta Moran 07776264646, Kath Grant on 07758386208