The Eccles Saving People Shelter, which has provided a self-run sanctuary for dozens of homeless people over the past five months, lost the right to appeal against a possession order by NHS Property Services at Manchester Civil Justice Centre yesterday.
The original possession order was handed down in January by a Deputy District Judge who refused the right to appeal, arguing that such a case had little chance of success (see here). In February, however, another judge halted any proposed eviction from the old doctor's surgery while the merits of an appeal were decided.
That case was heard yesterday, with the barrister for the Shelter arguing that the original court procedure was not correct; that this wasn't simply a case of trespass as NHS Property Services, which owns the building and is wholly owned by the Secretary of State, is a public company and, as such, has a duty of care to the residents under the Equality Act.
In response, the barrister for NHS Property Services disputed that the company was a public body for the purposes of the case, and, in any case, had been given assurances by Salford City Council that it had sufficient resources to provide the duty of care to any evicted residents of the Shelter.
Indeed, the Shelter's barrister stated that Salford Council was 'pressing NHS Property Services to bring proceedings', and he disputed whether any meaningful assessments of residents' needs had taken place, with the Council offering accommodation that was not suitable, via the A Bed Every Night scheme and others.
However the judge concluded that NHS Property Services had been assured by Salford Council that suitable alternative accommodation was available and, even if that was wrong, it was unreasonable to expect the company to carry out individual assessments for everyone in the Shelter...
"The local authority told the respondent [NHS Property Services] that it had suitable accommodation; it gave positive assurances on which they are entitled to rely" said the judge.
While expressing 'sympathy for residents at the Shelter' and paying tribute to the good work that is being done there, she added that it wasn't what the judge thinks about it but the factual background, set against whether a possession order would disproportionally interfere with the residents' human rights.
She concluded that she did not disagree with the Deputy District Judge's ruling, and dismissed the appeal. Enforcement is to take place on 7th May or later.
As the judgement was announced, many residents of the Shelter who were in court broke down in tears. Alec McFadden, Manager at the Salford Unemployed and Community Resource Centre, who had been helping the residents, said afterwards that a decision on whether to take the case further to a higher court would be made 'within the next 48 hours'...
"We need to assess the legal and financial implications because if we go to the Court of Appeal we have to get legal aid, and over the next 48 hours our barrister and solicitor need to find the right mechanism" he said, adding "I hope we will appeal."
What was highlighted throughout the case was the role of Salford City Council behind the scenes...
"I was astounded at the judge's summary of the influence of the Council because what she said categorically was that because the Council gave these guarantees that everyone could be housed adequately, they just believed them" Alec McFadden explained "I find that amazing. No other judge has said that, so that needs to be challenged as well."
Angela Barratt from Salford Street Support which has been supporting the Shelter, added: "It seemed like the Council wanted to evict the residents which is very disappointing. It sounded like they were stabbing them in the back.
"The Council didn't help either with the original email it sent, saying that when the eviction happens they will be there to assess everyone and give them shelter...but there's a reason why the residents are there, because the Council failed them" she added.
"I feel really sorry for the residents because they've been there five months and a lot of them have achieved a lot of things, interacting with services and more" she said "Even though it's classed as a 'squat' it's run like a professional shelter because it has support workers, with the residents running the building themselves. I feel that now the building might be left empty again for years. I'm also disappointed that we only got two weeks until the eviction but it's never over until it's over..."
Basically, throughout the life of the Eccles Saving People Shelter, a bunch of volunteer workers and the homeless people themselves have shown what can be achieved – some got jobs and training while at the Shelter, others got off drugs and alcohol, but, most importantly the Shelter provided a safe place over the winter months for those who fell through the net of A Bed Every Night and other public authority schemes.
The homeless and their supporters, fed up with authority failure, took matters into their own hands and succeeded, with the longest running occupation in Greater Manchester over recent years.
For a full background see previous Salford Star articles...
Salford Council and the A Bed Every Night Scheme Setting Us Up To Fail State Eccles Homeless - click here
I'm Going Nowhere Because I've Got Nowhere To Go States Shelter Resident - click here
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