Dale Farm residents lose latest court battle

Dale Farm residents attempted to block their removal from the controversial site near Basildon in Essex, in three linked applications for judicial review.

Mr Justice Ouseley, sitting in London, ruled they had delayed too long in challenging Basildon Council’s decision to take direct action against them.

The judge also ruled the council’s actions were not “disproportionate”.

He said the travellers were breaking criminal law on a daily basis by remaining on the site and their removal was necessary to avoid “the criminal law and the planning system being brought into serious disrepute.”

Dale Farm resident, Kathleen McCarthy said: “Travellers have always faced persecution under the law – we hoped that this time would be different, but it seems like the High Court cares more about planning regulations than our human rights.

In my judgment the time has manifestly come for steps to enforce the law to be taken. Mr Justice Ouseley

“I can’t believe they would carry on with this senseless eviction, that will separate families and tear apart a community, just to make Dale Farm into a scrap yard again.”

The ruling was a victory for Basildon Council chiefs who have fought a costly 10-year campaign to clear the site.

Read more: Dale Farm travellers in final plea before eviction

‘Considerable distress and disruption’

Traveller lawyers had argued the council’s decision earlier this year to take direct action to clear the green belt site of 400 residents, including about 100 children, was in breach of their human rights and unreasonable.

They also argued there had been a failure to offer residents suitable alternative accommodation and to take account of vulnerable residents, including the sick in need of regular medication and children whose schooling would be disrupted if families were evicted.

Dismissing all the arguments, the judge observed they had been properly taken into account in many legal actions over the years.

The judge said he recognised that the removal of the travellers was going to cause “considerable distress and disruption – but in my judgment the time has manifestly come for steps to enforce the law to be taken”.

The judge refused the travellers permission to appeal, but those in court said they would ask the Court of Appeal itself to hear their case.

‘Reflect on criticism’

Basildon Council’s leader Tony Ball said tonight: “This is not a day for triumphalism, but I do take quiet satisfaction on behalf of local people that in all matters the council has been found to have acted lawfully.

“We believed all along that we were doing so, and as you can imagine I welcome the decision of the court confirming this.

“We were criticised for a number of shortcomings, but the judge made it clear that these were trumped by a need to enforce the criminal law. We will reflect carefully on this criticism and act accordingly.