Resolution CM/ ResDH (2013)174

Connors against the United Kingdom

Execution of the judgment of the European Court of Human Rights

(Application No. 66746/01, judgment of 27 May 2004, final on 27 August 2004)

(Adopted by the Committee of Ministers on 11 September 2013 at the 1177th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in the above case and to the violation established;

Recalling the respondent State ’ s obligation , under Article 46, paragraph 1, of the Convention , to abide by all final judgments in cases to which it is party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2013)348 );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Execution of j udgments of the European Court of Human Rights

Action r eport

Connors v . United Kingdom ( A pplication No. 66746/01)

Information submitted by the United Kingdom Government on 11 March 2013

Case summary

1. Case description :

Prior to 2005, Gypsies and Travellers who occupied pitches on local authority sites ( ‘ local authority Gypsy and Traveller sites ’ ) were provided limited statutory protection from eviction under the Caravan Sites Act 1968. In order to evict a Gypsy or Traveller from their site, a local authority needed to only give twenty eight days ’ notice to terminate the licence. If the resident did not leave, the authority could seek a possession order from the court. The authority did not need to provide a justification to seek a possession order, and the court did not have an opportunity to consider whether it was reasonable to grant the order.

In 2004, in the case of Connors v . United Kingdom , the European Court of Human Rights ruled that the lack of procedural safeguards to eviction from local authority Gypsy and Traveller sites breached A rticle 8 of the European Convention for Human Rights , which provides a right to respect for private, family and home life.

Individual m easures

2. Just satisfaction :

The just satisfaction award was paid in 2004. Evidence was previously submitted.

3 . Other individual measures :

No further individual measures are required.

General m easures

4. General m easures :

The g overnment has brought into force in England and Wales legislation that provides improved protection against eviction for occupiers of local authority Gypsy and Traveller sites. Amendments made to the Caravan Sites Act 1968 by the Housing Act 2004 enable the courts to suspend, for up to twelve months at a time, the enforcement of a possession order made in respect of local authority Gypsy/Traveller sites.

In addition, the Housing and Regeneration Act 2008, which received Royal Assent on 22/07/2008, amends the Mobile Homes Act 1983 so as to confer greater security of tenure on those living on residential caravan sites. Section 318 of the 2008 Act amends the definition of “protected site” in the Mobile Homes Act 1983, extending the protections in the 1983 Act to local authority Gypsy and Traveller sites. In order to evict a Gypsy or Traveller from their site a local authority will need to satisfy the court that ( i ) a term of the agreement to occupy a pitch has been breached and the occupier has failed to comply with a notice to remedy the breach, and (ii) it is reasonable to terminate the agreement.

On 25 September 2008 , the g overnment published a consultation paper “ Implementing the Mobile Homes Act 1983 on local authority Gypsy and Traveller sites ” . The consultation paper related to proposals for amendments to the 1983 Act in respect of local authority Gypsy and Traveller sites in England, and transitional provisions. The consultation was completed on 19 December 2008 and a summary of consultation responses was published on 11 October 2010:

http://www.communities.gov.uk/publications/planningandbuilding/implementinghomesresponses

Secondary legislation bringing into force section 318 and amendments to the implied terms of the 1983 Act for local authority and county council Gypsy and Traveller sites in England came into force on 30/04/11:

http://www.legislation.gov.uk/ukdsi/2011/9780111506011/contents

http://www.legislation.gov.uk/ukdsi/2011/9780111505991/contents

http://www.legislation.gov.uk/uksi/2011/1002/contents/made

Section 318 of the Housing and Regeneration Act 2008 is not yet in force in Wales, but the Welsh Government is committed to implementation and the provision is expected to enter into force on 26 June 2013. The Committee of Ministers is now supervising implementation of the Court ’ s judgment in Buckland v . United Kingdom which addresses the situation in Wales.

5. Publication :

The judgment of the European Court was published in the European Human Rights Reports at (2005) 40 EHRR 9.

It was listed on the BAILLI website: http://www.bailii.org/eu/ca s es/ECHR/2004/223.html

It was also published in the Times Law Report : (2004) Times, 10 June

6. Dissemination :

The Department for Communities and Local Government issued a guidance document “ Applying the Mobile Hom es Act 1983 on local authority T raveller sites ” to all local authorities in England in April 2011: http://www.communities.gov.uk/publications/planningandbuilding/mobilehomesguidance

This guidance was sent out to local authorities so that they would be aware of the cha nges that would apply to their T raveller sites following implementation of legislation to improve protection against eviction for occupiers of local authority Gypsy and Traveller sites in England.

7. State of execution of judgment :

The Court, in paragraph 69 of its judgment in Buckland v . United Kingdom, indicated that once the amendment to the Mobile Homes Act 1983 has entered into force, the domestic courts are able to assess the proportionality of a proposed eviction in compliance with the procedural requirements of Article 8. The g overnment therefore considers that Connors has been implemented in England.

The outstanding point of implementation relating to Wales will be dealt with in the implementing the Buckland judgment. The g overnment therefore considers that supervision of execution of the Connors judgment can be closed.