A high court judge yesterday ruled that Wealden DC and Lincolnshire CC were legally in the wrong when they evicted ...
A high court judge yesterday ruled that Wealden DC and Lincolnshire CC were legally in the wrong when they evicted New Age travellers from authorised camp sites, reports The Independent (p8) and other nationals.
The councils did not make proper inquiries about the travellers' needs and personal circumstances before embarking on action to remove them, Mr Justice Sedley said.
But the Lincolnshire travellers still face eviction because the council did assess their situation properly before obtaining a removal order
Local authorities, the judge said, had a responsibility under their discretionary powers to take into account 'considerations of common humanity, none of which can properly be ignored when dealing with one of the most fundamental human needs, the need for shelter with at least a modicum of security', The Guardian reports (p5).
It was necessary to consider the relationship of a council's proposed action on the various statutory and humanitarian considerations at the initial stage of deciding whether or not to give a removal direction, and for this to be reviewed as necessary, Mr Justice Sedley said in summary, The Independent reported.