UK: Travellers win humane consideration
01 September 1995
Powers to evict travellers under the Criminal Justice and Public Order Act 1994 were dealt a blow in a high court ruling. The case was brought by the Public Law Project - a charitable body - on behalf of travellers in Sussex and Lincolnshire.
The two key points of the judgement by Justice Sedley were: first, any eviction order applies to named individuals only and not a travellers' site in general; second, consideration of the impact of eviction on the travellers' welfare must be made before the removal order is issued and not retrospectively - as it had been in this case.
Despite their new eviction powers under the 1994 Act, described by Justice Sedley as "in some ways draconic", local authorities must still ensure proper care for more vulnerable travellers under the Children Act 1989 and Housing Act 1985.
Prompted by sections of the media, some local authorities claimed that the judgement made their new eviction powers "unworkable". The reality is that more social services resources will be required to assess the welfare needs of travellers. A dangerous response may be pressure for the police to use their separate and less restricted powers under section 61 of the 1994 Act. However some Chief Constables were opposed to this section of the act from its inception and have shown reluctance to exercise these new powers.
The case: R v Wealden District Council ex p Wales (1995) 1.9.95, Independent 2.9.94; New Law Journal, 15.9.95, pp1342.