Eighth visit by the police

At 11.15pm last night we were woken by two police officers at the porch we have been sleeping in since 3 November. To put this eighth visit in context, I have to roll back a few days, to Thursday to be precise.

That evening, Declan wasn’t able to sell The Big Issue because the regular London Lite girl had encroached on one side of his pitch and there was a guy harassing passers-by to take a copy of The London Paper on the other side.

We reckoned that the Bishopsgate City of London police had made the decisive move on our only source of income in order to stop Declan from submitting his application against the UK to the European Court of Human Rights (he has already lodged the case with the Court by introductory letter of 18 May), reducing us to illegal beggars in a matter of two or three weeks. And because I have been working like a demon on the application ever since, we were hardly surprised to wake up and find two police officers eyeing us. The spin this time?

The Chief Superintendent of Police for the City of London (there are two – CS Alex Robertson is responsible for anti-terrorism and public order) has come up with the policy that rough sleepers are to be woken every hour to force them to get off the streets. Hmmm.

As one of them is issuing us a ticket – we already had two from November – we are asked the usual questions: how long have we being sleeping in the porch, why don’t we go into a hostel, what about getting a job, etc.

It was good that Declan knew from his reading of an article entitled “Rough Sleepers” in the April issue of the Police Review magazine that people have the right to sleep in the streets if they want to. The police have the power to arrest people for sleeping rough under the Vagrancy Act 1824, but they need to comply with the Human Rights Act 1998. They will frequently use the Anti-Social Behaviour Act 2003 to crack down on offensive behaviour and they will enforce the Vagrancy Act 1824.

Anyway, it was clear from Declan’s answers to their questions that we are doing our best to get off the streets – they didn’t bat an eyelid when Declan told them that our unemployment benefit was terminated by the Department for Work and Pensions (DWP) because he didn’t “sign on” two days before he was due to do so; nor when they were informed that we are working on Declan's application to the European Court of Human Rights, having been denied an effective domestic remedy by the DWP both in the manner we had the benefit initially suspended and eventually terminated.

They didn’t seem too surprised either when Declan told them that he had applied to Chief Superintendent Jerry Savill of the London Borough of Tower Hamlets under the Data Protection Act 1998 for a copy of the statement Detective Constable Alexander Head took on 27 April into the assault on him in the Whitechapel Mission on 17 February, when a homeless punched him twice in the face in an unprovoked attack.

As the police officers walked off at 11.40pm, Declan asked them when we could next expect to be woken by the police. He was told that we will not be woken again until next week. Who can doubt it?

And so interminably on.