Castle Vale ‘Travellers’ case still not decided, says City Council


A statement released this afternoon by the City Council suggests that reports about the ‘Travellers’ case in Tameside Drive are incorrect.
The case is still pending, says the Council. The Birmingham Mail (and Vale Mail – in a now deleted article) reported the case on its front page today and has given the impression that the case had been concluded by the Law Lords (now the Supreme Court), and that the public will have to foot the £200,000 legal bill. That would now appear to be jumping the gun, as the case is still in the hands of the High Court, says the Council statement. The full statement says: “In November 2008 the House of Lords passed judgment which effectively meant that Birmingham City Council could not evict the Doherty family from the Castle Vale site at present. We were ordered to pay the Doherty’s solicitors costs, which were expended in defending the proceedings. This money will not go to the Doherty family. The House of Lords referred the case back to the High Court for a decision, the case is currently pending.”
The case involves a dispute between the Doherty family – travellers from Ireland who have lived on the site for 19 years – and the City Council. The Council applied to have the travellers evicted, because they wanted to develop the land. The Council also argued that the continued presence of the Doherty family on the site prevented other travellers from using the site, the only official travellers site in Birmingham. The Doherty family have always denied this allegation.
The case has gone right through the courts, to the Law Lords, and now back to the High Court. The Courts have had to decide whether the Doherty family, who have no rights under property law, do have human rights to stay in their homes, having established themselves there for the past 19 years.
It is a difficult case, and one that will have wide-ranging implications for housing associations and councils across the land.
The High Court is taking its time… it’s had the case since 2008 following an appeal by the City Council against an earlier decision in favour of the Doherty family.
The history of the case, in brief, is that the City Council won the case in 2004, but the Doherty family appealed. The Doherty family won their appeal on the grounds that in the original case the law had been applied wrongly. So the Law Lords sent it back to the High Court, and it is now the job of the High Court to decide whether Birmingham Council acted ‘reasonably’ in issuing an eviction order in the first place. The case now depends on the interpretation of ‘reasonableness’.

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10 responses to “Castle Vale ‘Travellers’ case still not decided, says City Council

  1. let them pay there own legal bills, they have got enough money. They have never paid a penny of tax into the system and now they want something out of it. Oh and ive got grass growing through my block paving that they done 6 months ago. they call themselves travellers, they are gypsies, think about it travellers travel and they want to stay put. GIPSIES thats what they are. lets ask for a look at there last payment to the tax man, there quick enough to use the nhs on the vale, and other free services they should pay like everyone else.

  2. I was surprised to read the article about travellers in Castle Vale, as I wasn’t aware there were any. I regularly walk around the neighbourhood, but have never seen any traveller sites.

  3. Hello Muldanian, If you have any spare time this weekend I could come and get you out of your house and take you for a walk round the vale. I presume you dont know so maybe I could show you that the flats have been knocked down and we have a new shopping centre oh you have missed loads. What happend then did they do your driveway and the weeds growing through it trapped you in your house.

  4. I don’t quite understand the above comment. As I have lived in Castle Vale for almost 13 years and have worked for various companies in the area, including working as the community journalist for Vale Mail for a time, I could almost say that I know Castle Vale like the back of my hand. Also, I walk around the area most nights, taking in the conservation area and many roads. I am therefore fully aware that the tower blocks have gone, and that there is a new shopping centre, which I use on a daily basis. The fact that I mentioned in my previous comment that I walk around Castle Vale regulary would suggest that I am not trapped in the house. I have noticed that the article mentions that the travellers are in Tameside. If this is indeed the case, it would explain why on my nightly walks around Castle Vale I have not seen them, as strictly speaking this is in the Park Hall area.

  5. I suggest you go and have a walk in the park hall area then. Do us a favour and take ann froggat with you it may give me a break i cant hear myself think when she is blasting out her music, and I live 4 doors away from her.

  6. @ Anonymous
    A case of mistaken identity. Be very careful what you post. I’m not nearly as tolerant as others who’ve been libelled here.

  7. i think its wrong have traveller here why should we have traveller in birmgham so it means going have traveller on castle vale that just not right

  8. Why do the travellers call themself the Doherty family when they are offering there block paving services under the name of the O’brien family.

  9. there all con artists and only wana overcharge and rip people off be aware they myt knock your door asking if you want your driveway blockpaving

  10. They can do my driveway anytime…I live in a flat lol…