Manchester city centre homeless tents 'must go' after major court ruling

Manchester City Council has secured a ‘possession order’ against scores of people living in tents next to the town hall, effectively evicting them. The ‘red tent camp’ sprang up last spring, initially as a protest, but soon morphed into a long-term spot homeless people stayed in.

Now the camp’s days appear to be numbered, as a legal challenge from the Greater Manchester Law Centre to stop the council’s bid to take possession of the land failed on Tuesday (February 11).

The Law Centre formally represented one asylum seeker, who saw the council’s claim against him withdrawn. The case included dozens more unrepresented refugees, with roughly 40 appearing in civil court.

During the proceedings, one refugee told His Honour Judge Nigel Bird he did ‘not think anybody with a tent there is happy or comfortable’.

“It’s not something we chose or have the option [to do], so everyone is going through hell,” he added.

The packed courtroom 40 heard Manchester council ‘operated a policy of not accepting people they knew were homeless because they wanted to make an example of these defendants and not provide for them’, according to the Law Centre’s Kathy Cosgrove.

“On October 8, the rough sleepers team told them [Ancoats charity] Mustard Tree was the only place to get advice,” she continued. “They are diverting them to a voluntary organisation which has no statutory duty.”

Oliver Edwards, also appearing for the Law Centre, added: “The diversion tactic only applying to refugees moving to Mustard Tree is unfavourable treatment they did not subject UK nationals to. There’s a discrepancy between UK nationals and non-UK nationals.”

Kuljit Bhogal KC, representing the council, rebuked the claims. She told the court: “In so far as it’s suggested there’s a failure of duty, that’s rejected.”

She added the ‘Mustard Tree is offered to all asylum seekers’ and open to non-asylum seekers.

“There’s specific provision there with interpreters,” she explained. “The provision to have a conversation in the warm.”

Ms Bhogal added homeless camp residents ‘have been accommodated’ by the council ‘through temporary accommodation or the private rented sector’.

“It’s simply not right to say the statutory duty has been bypassed,” she went on, also suggesting the camp became a ‘revolving door’ as new refugees moved in as previous residents were housed by authorities.

HHJ Bird called ‘the submission Manchester City Council has deliberately diverted those in St Peter’s Square’ to the Mustard Tree ‘a very serious allegation’ which was ‘not made out in the evidence I have seen’.

He ruled the refugees — considered trespassers in law — must remove their tents: “For all those reasons I have come to the conclusion there’s no basis I can order direction in regard to the unrepresented defendants.

“I therefore order the unrepresented defendants give up possession of St Peter’s Square and I will make an order accordingly.

“St Peter’s Square is a public amenity. It stands at the heart of the city and its amenity in my judgment is available for all. I am comforted each of the defendants, named or otherwise, is within part seven of the [housing] system and I am confident the system will move forward.

“I do not order in regards to the 14th defendant [represented by the Law Centre]. I make a possession order in relation to possession of St Peter’s Square with the other defendants.”