CONNORS v. THE UNITED KINGDOM JUDGMENT
5
granted a possession order. The Council undertook not to execute a warrant
for possession until 14 July 2000 on condition that the applicant and his
family were of good behaviour and kept the peace.
26. Further representations were made by the applicant to the Council
without success.
27. On 13 July 2000, as the applicant had not given up possession, the
Council obtained a warrant for possession of the plot. The Government
stated that the applicant and his family barricaded themselves in the plot and
refused to leave when the County Court bailiffs attended to execute the
warrant. The Council applied to the High Court for enforcement of the order
for possession. On 24 July 2000, the High Court ordered the Sheriff to
execute the warrant for possession. The Sheriff’s officer, the bailiffs and the
West Yorkshire police carried out a planning and risk assessment. The
Sheriff’s officer attended the site and requested the applicant to vacate the
plot. He refused.
28. On 1 August 2000, early in the morning, the Council commenced
enforcement of the eviction, in an operation involving Council officers, the
Sheriff’s officers and numerous police officers. The applicant stated that
also police helicopter, police dogs, control centre, numerous police vehicles
and detention vans were employed. The operation lasted five hours.
29. The Government stated that the police arrested the applicant and his
son Daniel for obstruction under section 10 of the Criminal Law Act 1977.
The applicant stated that he was attempting to carry out items of property to
a trailer when he was stopped by bailiffs and arrested. He was handcuffed
and held in a police van for an hour and subsequently at the police station,
though he was complaining of chest pains. At about midday, he was taken
to hospital for emergency admission.
30. According to the applicant, his thirteen-year-old son Michael was
also seized and held in a van by the police for five hours during the eviction.
The applicant’s wife was left to cope alone, the baby Thomas being ill.
31. The family’s two caravans were removed (they owned one and the
other was rented). The applicant stated that it was not until late afternoon
that their own caravan was returned to them. However many of their
possessions were still held by the Council, including medicine needed for
Thomas. During 3 August 2000, the Council returned their possessions,
including a washing machine, drier, microwave, gas bottles, kettle and
clothing. This was dumped on the roadside some distance away from the
applicant’s caravan. The Government stated that on 1 August 2000 the
Council removed from the plot to safe storage goods and personal property
that the applicant and his family had failed to take with them. At the request
of the applicant, the Council returned these goods and personal property to
the family who had meanwhile taken up occupation on land nearby at
Cottingley Drive owned by the Council, where the presence of gypsies was
sometimes tolerated for short periods. As they claimed it was not possible to