On 10th and 11th December 2020, the High Court will hear Lisa Smith v Secretary of State for Housing, Communities and Local Government – which raises questions of significant public interest concerning discrimination against Gypsies and Travellers.

Ground 1 concerns whether the definition of “Gypsies and Travellers” contained in Annex 1 of the Planning Policy for Traveller Sites 2015 is unlawfully discriminatory.  That definition excludes, from the PPTS’ ambit, any Gypsy or Traveller who has ceased to travel “permanently”.  That will exclude, for example, those Gypsies or Travellers who have permanently ceased to travel due to old age, disability or due to caring responsibilities.

The Court has granted permission to a number of interveners in this case: 

(i)    the Equality and Human Rights Commission;
(ii)    the National Federation of Gypsy Liaison Groups;
(iii)    Friends, Families and Travellers, London Gypsies and Travellers and Southwark Travellers Action Group; and
(iv)    Liberty.

Liberty’s intervention, by way of written submissions, focusses on the Government’s alleged justification for the PPTS’ discriminatory effect.

Sarah Sackman and Merrow Golden represent Liberty on a pro bono basis.