CONNORS v. THE UNITED KINGDOM JUDGMENT
3
12. On 29 March 1999, the applicant’s adult daughter Margaret Connors
was granted a licence to occupy the adjacent plot, Plot 36, where she lived
with Michael Maloney who later became her husband. She also cared for
the applicant’s mother-in-law, Margaret Kelby, until she went into a
residential nursing home in the area. The applicant’s adult sons, James
Junior and Joseph, did not reside with the applicant but were frequent
visitors both to his plot and their sister next door.
13. During 1999, the applicant and his family were in dispute with the
Council due to its alleged failure to undertake repairs on Plot 36 (there was
no electricity supply or other facilities for some time), their objection to
paying electricity charges which they considered to be overcharging and
concerning the Council’s refusal to accept payment by instalment for the
site deposit. Their complaints were referred to the Local Authority
Ombudsman to investigate.
14. The Government stated that the applicant’s children (including his
adult sons James Junior and Joseph) and Michael Maloney misbehaved and
caused considerable nuisance at the site. The Council’s Travellers Services
Manager, based at the site, was aware of many incidents of nuisance caused
by the applicant’s children and visitors. The Manager visited the applicant
and Margaret Connors on a number of occasions to report the misbehaviour
and nuisance. On 16 December 1998, the Council gave the applicant written
warning that further incidents of anti-social behaviour by his children could
jeopardise his occupation of the plot. Nevertheless, both the applicant’s
children and his visitor Michael Maloney continued to cause nuisance at the
caravan site.
15. In January 2000, when it became known that Margaret Connors was
going to marry Michael Maloney, the applicant alleged that the Council
manager of the site stated, “The minute you marry Michael Maloney you’ll
be out that gate”. Michael Maloney was a member of a family against whom
proceedings had previously been brought for eviction from the site on
allegations that they were “a magnet for trouble”. In February 1997, the
Maloney family had moved from the site. They remained in the Leeds area
until the summer of 1999 when they went to Nottingham.
16. On 31 January 2000, notice to quit was served on the family
requiring them to vacate both plots. No written or detailed reasons were
given by the Council, though the issue of “magnet for troublemakers” had
been raised.
17. On 12 February 2000, Margaret Connors married Michael Maloney
and they continued to live on Plot 36.
18. On 20 March 2000, the Council issued two sets of proceedings for
summary possession pursuant to Order 24 of the County Court Rules, one
concerning the applicant and his wife and family on Plot 35 and the other
against Margaret Connors and “persons unknown” on Plot 36. On 24 March
2000, the applicant was served with various documents. The grounds for