Child's best interests a priority when eviction is considered, rules Judge

From the Travellers' Times


District Judge did not take proper account of newborn baby's interest during eviction proceedings in Surrey
Pregnancy was referred to as a "health problem"
Parents' appealed decision

“Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them", says Her Honour Judge Raeside

Mr and Mrs E were squatting on a vacant pitch on a Surrey County Council site. The Council threatened eviction action. Mrs E was pregnant and, shortly before possession proceedings were commenced, she gave birth to a son. District Judge George made a possession order. Mr and Mrs E appealed against that decision on the basis that the best interests of the child had not been taken into account. Her Honour Judge Raeside allowed their appeal, and sent the matter back to District Judge George.

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