The High Court ruled that housing officers with Southwark Council engaged in despicable behaviour in their attempt to cover their tracks following an unlawful eviction. Housing officers were blamed for a civil conspiracy, though the court fell short of calling it a criminal conspiracy.
The initial action that started this case was the eviction of a Sudanese refugee who had lived in the same Peckham home for over a decade. After falling short on rent by £18 a week, council determined that he could not afford to remain in the same home. His housing benefit did not quite cover the full rent on the flat.
While the eviction itself may not have made news, it was the manner in which the evicted tenant’s belongings were removed that gained attention. All of the contents of the flat were destroyed in a “refuse disposal facility.” This included furniture and personal belongings, leaving him without essential items as he was left to fend for himself on the street.
Also destroyed were his passport and laptop which he claimed contained valuable files that were permanently lost as a result of council’s actions. He sued council for damages but was unsuccessful in previous attempts.
The High Court found disturbing evidence that his case file was wiped clean of important documents that pointed blame at council for the handling of the case. A damning report from an internal investigation was initially withheld from evidence even though it was highly relevant and would have been beneficial to the tenant’s case.
Judge Thornton chastised council’s representatives for their actions:
“I am driven to the conclusion that the report was withheld because its contents were so damning of and detrimental to Southwark’s defences.”
The evidence showed that though council had obtained a possession order prior to the eviction, that order had expired by the time the warrant for an eviction was applied for. This tenant was denied due process and was stripped of his rights. While this type of action may occur periodically in private housing, it is unconscionable for government employees to behave in such a manner. Three council staff were identified in the ruling for their involvement within the conspiracy to cover up the actions:
Southwark Council Cabinet Minister Richard Livingstone issued a formal apology to the tenant at the centre of the case. He noted that disciplinary action had been taken against the employees involved in the cover up.
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