Breakfast in Bed say there are ever more homeless visible on the city’s streets
The order that DistrIct Judge Matharu of Manchester’s Civil Justice courts approved last Friday (31st July 2015) forbids people from “erecting and/or occupying tents or other moveable temporary forms of accommodation for the purposes of or in connection with protests or similar events arising from or connected with the Claimant’s [Manchester City Council’s] homeless policy on land”, within a specified area of the city “without the Claimant’s consent or the consent of the lawful occupier of the land.”
The order goes on to define what is NOT INCLUDED AS MOVEABLE TEMPORARY FORMS OF ACCOMMODATION i.e. ACCORDING TO THE ORDER, ANYONE IS ALLOWED
TO SLEEP IN THE CITY IF WE USE:
a. Sleeping bags / blankets
b. Cardboard boxes
c. Benches
d. Doorways
e. Bus shelters
f. Hostel accommodation
g. Overnight charity accommodation
THEREFORE, it appears that the order is not what the Council sought. The order granted appears watered down from the draft sought by the Council and now applies only to those protesting in connection with Manchester City Council’s homeless policy.
THEREFORE, the order does not apply to protestors who are protesting about any other issue (e.g. Austerity Measures, Racism, Benefits Cuts, National Homeless Policy etc).
EQUALLY, it does not apply to people not protesting at all, but simply homeless and occupying tents/moveable forms of accommodation.
If Manchester the City Council were to attempt to bring a committal application, it would have to satisfy the court, TO THE CRIMINAL STANDARD OF PROOF, that the alleged contemnor (person held in contempt of court) had broken the terms of this very specific order.
Ben Taylor of WTB solicitors who has been legally representing some of the homeless protesters observes: “It would be for the Claimant to prove that the contemnor is in breach, NOT for the individual to prove that he/she has not breached. This is a very high hurdle for Manchester City Council to get over. In particular, how could Manchester City Council prove that someone is protesting about its Homeless Policy short of the individual holding a placard stating as much?”
Breakfast in Bed is a street life project that began on Facebook in January when Mancunion Jamie Whitaker who bumped into an old friend who was homeless and decided to try and help come to the camp regularly. One of its volunteers, Stephanie Lee explains: “We go out three days a week and serve breakfast hot drinks and fruit to street homeless people in the city and we feed up to 50 people a day but we are running out more quickly now because there are more homeless people who are visible.
Ben Watkinson, aged 29, from Breakfast in Bed asks: "Where does the city council expect people to go? Everybody we see are genuinely in need and are deeply appreciative of what we are doing and very humble - they never take more than what they need.”
At the camp today, Wesley Dove, one of the named, homeless, defendants in the action says: “I have not been served personally with any papers whatsoever. Three
notices have been put up around the camp but no-one has come to see me and none of us have been told about any date or time for an eviction.”
For further information contact:
Dr Rhetta Moran: [email protected]/ 07776264646
Kath Grant: [email protected]/ 07758386208
Please keep your eye on www.rapar.org.uk for updates