Social Welfare Lawyers in the Centre of Birmingham

News

Business As Usual

Despite the Coronavirus lockdown, we are continuing with business as usual at CLP. Though we are not carrying out any office appointments, we are arranging telephone appointments with both existing and new clients. Please telephone our switchboard on 0121 685 8595. Please note that, during this emergency period, the switchboard will have slightly reduced hours and will be open between 9am and 5pm.

CLP write to Lord Chancellor re Evictions

After writing to the Lord Chancellor about evictions of Gypsies and Travellers during lockdown, CLP have received a very unsatisfactory response. Please see the link below for the two letters.  However our interpretation of the recent English and Welsh Guidance in the light of COVID-19 is that either evictions should not happen or suitable alternative locations should be identified. See our two TAT News E Bulletins on both sets of guidance:https://www.communitylawpartnership.co.uk/noticeboard/links/tat-news

 

Attachments

Total Attachments: 2

LordChancellorG&TLetter 300320 (23 KB) LordChancellorG&TLetter 140520 (103 KB)

Unauthorised Encampments

Gypsy and Traveller support groups have for some time been pressing the Ministry of Housing, Communities and Local Government to provide guidance regarding Gypsies and Travellers who are, through no fault of their own, on unauthorised encampments.

To assist in this process CLP have now produced suggested guidance.

 

The Enshrined Right to Travel : The Bromley Case

London Borough of Bromley v Persons Unknown, London Gypsies and Travellers and others [2020] EWCA Civ 12

Introduction

As many readers will know, London Borough of Bromley (‘Bromley’) appealed to the County Court against the refusal of “a de facto boroughwide prohibition of encampment and entry/occupation…in relation to all accessible public spaces in Bromley” ( in the words of Ms Ann-Leigh Mulcahy QC, sitting as a deputy judge of the High Court, when refusing the injunction). Some 38 similar injunctions have been granted by the High Court in recent years. In the Bromley case, London Gypsies and Travellers (LGT) intervened represented by Marc Willers QC and Tessa Buchanan of Garden Court Chambers and CLP (all acting substantially pro bono). This was, therefore, the first case involving such an injunction in which the Gypsy and Traveller community were represented before the High Court. As a result of the success of LGT in getting the wide injunction discharged (an injunction just against fly tipping and depositing waste was granted), this was also the first case to be argued out at appellate level. At Court of Appeal level Liberty and seven other local authorities also intervened.

URGENT PRESS RELEASE – Injunctions criticised in landmark ruling

A landmark Court of Appeal judgment released today has criticised the use of wide injunctions which target Gypsy and Traveller encampments. The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.

The Heart and Soul of the Nomad Nation

By Chris Johnson, Travellers Advice Team at Community Law Partnership and Marc Willers QC, Garden Court Chambers

Introduction

On 5 November 2019 the Home Office announced a consultation Strengthening police powers to tackle unauthorised encampments

(https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/844954/Unauthorised_Encampments_-_consultation_paper.pdf). This consultation follows an earlier consultation issued by the Ministry of Housing, Communities and Local Government (MHCLG) in April 2018 on the effectiveness of enforcement against unauthorised developments and encampments (see the MHCLG report in February 2019 following the consultation: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/776942/Unauthorised_development_and_encampments_response.pdf ).