Basildon vows to recover legal and other costs incurred in Dale Farm delay

The Leader of Basildon Council has vowed to “robustly pursue” the recovery of legal costs and the costs incurred as a consequence of the delay caused by court challenges to its plans to clear the Dale Farm site.

Cllr Tony Ball was commenting in the aftermath of yesterday’s ruling in the council’s favour by High Court judge Mr Justice Ouseley.

A spokesman for the authority said that last week the costs estimated as part of the delay were £400,000. The exact figure for legal costs is unknown at this stage.

The claimants did not receive legal aid for the latest court cases, it has emerged. A spokesman for the Legal Services Commission told Local Government Lawyer: "We have had a number of applications for legal aid regarding the current legal issues relating to the Dale Farm travellers site, but at this present time the LSC has not granted funding."

It is still unclear when Basildon will start to clear the site, although there have been indications that the travellers will look to appeal. Cllr Ball said the operation would only happen when it was safe but added that it was likely to start "sooner rather than later".

Basildon’s Leader said there was no need for triumphalism following yesterday's judgment but that he took “quiet satisfaction on behalf of local people that in all matters the council has been found to have acted lawfully”

He added: “We believed all along that we were doing so, and as you can imagine I welcome the decision of the court confirming this.”

Cllr Ball acknowledged that the council had been criticised for a number of shortcomings, but the judge had made it clear that these were trumped by a need to enforce the criminal law.  “We will reflect carefully on this criticism and act accordingly,” he said.

Basildon’s Leader argued that the residents at Dale Farm living on illegal pitches had had their day in court, and should not adopt a “pick and mix” approach to the law.

“For almost three weeks every aspect of the council’s decision to clear Dale Farm has been scrutinised in great detail and our position has been upheld,” he said.

Cllr Ball said the travellers – “having engaged with the legal system” – should abide by the law.

“I would like to reflect on what the judge said that the criminal law applies equally to all, travellers and others alike,” he said, arguing that the claimants had reached “the end of the road”.

Basildon’s Leader urged the travellers to ask their supporters to stand down and leave the site. “If they have the travellers’ best interests at heart they will do this,” he said. “There is now nothing to be gained by their continued resistance and certainly not if it involves violence and other forms of law breaking as some have suggested.”

He also called on the travellers to comply with Mr Justice Ouseley’s ruling and leave Dale Farm “in a peaceful and orderly manner”. The council would provide help to leave for those needing it, he added.

“If anyone is concerned about becoming homeless then they should get in touch with our housing team when we will do what we can to assist them. There is absolutely no need for the elderly, the vulnerable or children to go to the side of the road.”

Cllr Ball insisted that the council and its partner organisations would undertake the site clearance in “a professional, civilised and dignified manner as we have always said we would do and as Mr. Justice Edwards-Stuart indicated earlier this week”.

Philip Hoult