Travellers have accused a local authority of unlawfully evicting them from their camps almost once a week for 16 years.
In a case which could have major implications for the treatment of gipsies and travellers in Sussex and across Britain, Crawley Borough Council has been accused of operating a policy of throwing travellers off every site they camp on, without offering them a permanent home.
And, despite evicting the travellers hundreds of times, a court heard yesterday the council did not know how many times it had ordered the group off sites in its borough because it did not keep an adequate record of each eviction.
The council denies it has such a policy but a group of travellers who have taken their case to the High Court claim that is belied by evidence dating back 16 years which shows they have been evicted from sites in the Crawley area up to 40 times a year.
The group of ten travellers, led by James Casey, are seeking a judicial review in the High Court over their treatment by the council and want to force the authority to give them a proper home.
The group's case, thought to be the first of its kind in legal history, focuses on the council's ongoing attempt to evict them from Dalewood Gardens and Bewbush West Playing Fields, action which they are asking Mr Justice Burton to rule is unlawful.
Following attacks by local residents at the Bewbush site, they are challenging the councilcs decision to launch possession proceedings last September in respect of both sites. They claim among other things that the council's policy of evicting them from every site on which they encamp, subject only to urgent welfare needs such as imminent open-heart surgery, is unlawful.
Their counsel, Charlotte Kilroy, said the council had breached its own policy, the Human Rights Act and the Children's Act 1989 because it based its assessment of travellers' welfare needs on one emergency visit which is not even followed up if they are not in.
The High Court heard yesterday that the council fails to keep retrievable records of each eviction - meaning each case officer deciding to evict them does not realise they have been evicted hundreds of times before.
The lack of paperwork means that every case officer who knocks on caravan doors to evict residents is oblivious to previous attempts which have taken place, the grounds for those evictions or any subsequent actions.
The court has heard that in reaching its latest decision to launch possession proceedings last September, the council took into account welfare checks on their families that were "riddled with inaccuracies and omissions". Eviction from Dalewood Gardens has been postponed pending the judge's decision.
The hearing was adjourned from Friday, February 3, to allow the Judge to take evidence from the Office of the Deputy Prime Minister. It is expected to continue today.
A written decision should be received before Easter.
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