Reclaim the Streets: Sarah Everard vigil organisers take legal action after police ban event

A High Court judge has today refused to intervene in a legal battle launched by organisers of a vigil in memory of Sarah Everard. 

Organisers of the proposed Reclaim These Streets event in south London on Saturday say the Metropolitan Police told them it could not go ahead due to lockdown rules.

They brought urgent legal action on Friday, asking Mr Justice Holgate to make ‘an interim declaration’ that any ban on outdoor gatherings under coronavirus regulations is ‘subject to the right to protest’.

But the judge declined to grant the group’s request and also refused to make a declaration that an alleged policy by the force of ‘prohibiting all protests, irrespective of the specific circumstances’ is unlawful.

Reclaim These Streets was organised after the disappearance of Ms Everard, 33, whose body was formally identified by police on Friday, prompted a public outcry about women’s safety.

The event was due to take place at Clapham Common bandstand, close to where Ms Everard went missing, at 6pm on Saturday.   

Following the High Court ruling, a Government spokesman said: ‘All of our thoughts are with Sarah’s family and friends at this terrible time, and the Government recognises why so many women and girls across the country want to pay their respects.

‘We are still in the middle of a pandemic, which is why we urge people to do this safely and to continue to avoid mass gatherings.

‘We have also reopened our nationwide call for views on tackling violence against women and girls. So many have bravely shared their experiences over recent days and the Government is listening.’ 

Pippa Woodrow – one of the barristers representing the claimants – said: ‘Ball is now in the Met’s court to confirm how the events can go ahead in a way that is proportionate and safe.’

Another barrister for the claimants, Adam Wagner, tweeted: ‘At 3pm today, every police force in England was saying protest could never be lawful under Covid regulations.

‘The position now, because of the ruling, is protest can in principle be lawful and it is up to the police to assess the proportionality.’

Reclaim These Streets said in a statement that ‘safety has been the top priority from the beginning’ of their planning for the proposed vigil.

They said: ‘The judge has made clear that the police must make their own decision about whether the protest can go ahead and that must include a proportionality balancing exercise.

‘We are working with (Lambeth) Council, who remain wholly supportive.

‘We call on the police to act within the law now and confirm that they will work with us to ensure that the protest can go ahead within the context of the overwhelming public response to Sarah Everard’s death.’

They added in a tweet: ‘We are now in discussions with the Met to confirm how the event can proceed in a way that is proportionate and safe – our number one priority.’

Following the High Court decision, a number of MPs shared messages in support of the proposed vigils.

Labour’s Leicester East MP Claudia Webbe said the Reclaim These Streets vigils ‘support the right of every woman and girl to walk our streets without fear of violence’ and ‘are consistent with the right to protest’.

‘Police should work with organisers to enable them to be COVID safe,’ she tweeted.

Labour and Co-operative MP for Batley and Spen Tracey Brabin tweeted: ‘I know organisers are doing all they can to ensure they can be held in a covid-safe environment & I hope a solution is found.’

Liverpool City Region metro mayor Steve Rotheram, also of Labour, tweeted: ‘Given the understandable outpouring of anger, I support people’s right to protest… I would urge anybody planning to take part to do so in a Covid-safe way.’

At the outset of Friday’s hearing, Mr Holgate said: ‘All of us appreciate the tragic circumstances in which this case has had to be brought and I am sure we all respect the particular sensitivities involved.’

 In his ruling, he said the organisers were told by police that ‘the vigil would be illegal and that their ‘hands were tied’ by Covid-19 regulations’.

The judge added that the four claimants ‘were told that, as organisers, they would be liable to be issued with £10,000 fixed penalty notices’, and could also be arrested.

Mr Justice Holgate said it would not be ‘appropriate for the court’ to make the declaration sought.

He ruled that ‘the requirements of the law have been clearly stated’ in previous court rulings, including a challenge to Covid-19 lockdown rules brought by businessman Simon Dolan, which was dismissed by the Court of Appeal in December.

The judge added: ‘Given what has happened at the hearing, it may well be that there will be further communication between the claimants and the solicitors they instruct and the police to deal with the application of the regulations and (the rights to freedom of expression and assembly) to this particular event.’

However, he said: ‘That is not a matter upon which the court should comment.’

The judge concluded: ‘I decline to grant the interim relief sought. But I hope that, in this judgment, I have clarified the application of the law in so far as it is appropriate for me to do so at this stage.’

Lawyers representing the organisers earlier argued the Met’s interpretation of the Covid-19 restrictions goes against human rights law.

Tom Hickman, for Reclaim These Streets, told the court a risk assessment had been carried out, adding: ‘It is proposed to organise it in a responsible manner, in co-ordination with the council and the police.

‘Arrangements will be made to ensure that it is conducted in a Covid-secure manner.’

The barrister said the measures would include social distancing, wearing of masks and marshals.

Mr Hickman told Mr Justice Holgate: ‘They (the Met) say that any gathering of people which constitutes a protest is prohibited by the regulations and it is not up to them, the police, to make an assessment of whether or not it would be reasonable.

‘Critically, (they say) it is not up to them to make an assessment as to whether or not it is necessary as a legitimate exercise of individuals’ rights under Article 10 and Article 11 of the European Convention on Human Rights.’

Article 10 protects the right to freedom of expression and Article 11 protects the right to freedom of assembly.

George Thomas, representing the Met, said there is no ‘blanket ban’ on protest as far as the force is concerned.

He said: ‘The situation is that what is proposed here is a gathering of unlimited number and, given great and very understandable public concern and public interest in what has happened… it would not be at all surprising if the numbers were in the thousands.’

The barrister said this could lead to significant crowds in a central London location, at a time when Parliament’s intention is to not allow gatherings of more than two people for health reasons amid the pandemic.

Mr Thomas added: ‘The Metropolitan Police say that this is very clearly not an event that the regulations, on the face of it, permit and it is an event where it would plainly be proportionate for the police to impose restrictions on it.’

He also told the court: ‘Nothing I have said today should in any way be understood by anyone hearing today’s proceedings as the Metropolitan Police doing anything other than taking extremely seriously the concerns that the public, many members of the public, have expressed.

‘The Metropolitan Police share the anger that many members of the public have about what has happened.

‘It has every sympathy with the underlying cause that those wishing to have the vigil tomorrow would seek to show.

‘But, in the context of the coronavirus crisis that the country is currently in, it would not be appropriate for the police to allow such a large-scale gathering to take place.’

The vigil, due to take place at Clapham Common bandstand, was organised after Ms Everard’s suspected kidnap and murder sparked anger over the safety of women on the UK’s streets.

In written submissions to the court on behalf of the group, Mr Hickman said: ‘The vigil is to be held for Sarah Everard and for all women who feel unsafe, who go missing from streets, or who face the fear of violence every day.

‘It is intended to raise awareness and provoke change in attitudes towards and understanding of the pervasiveness of threats faced by women.

‘The claimants wish to proceed with it now whilst what has happened to Ms Everard is at the forefront of their and other attendees’ minds, as well as in those of the public nationally.’

Under the current Covid-19 lockdown in England, people are largely required to stay at home and can only gather in larger groups for limited reasons, such as funerals or for education.

Police can break up illegal gatherings and issue fines of £10,000 to someone holding a gathering of more than 30 people.

The group had asked for an interim declaration as to what the correct legal position is regarding the coronavirus restrictions, which would require the force to consider whether prohibiting the planned protest will breach the human rights of those involved. 

Senior Conservative MP Caroline Nokes today asked Home Secretary Priti Patel to ‘step in’ and allow the vigil to go ahead so women can share their sorrow and express their solidarity against male violence in a socially distanced way.  

Last October, large crowds of anti-lockdown protesters gathered in London, calling for an end to the ‘tyranny’ of pandemic restrictions before many were later charged with flouting coronavirus rules.

Protesters refused to wear masks and wielded signs demanding an end to restrictions on personal freedom imposed as part of efforts to control Covid-19.

And during the lockdown last June, tens of thousands of protesters joined forces and marched through the Capital, amid the Black Lives Matter movement.  

The vigil, due to take place at Clapham Common bandstand in south London, was organised after 33-year-old Ms Everard’s suspected kidnap and murder sparked anger over the safety of women on the UK’s streets.

Lawyers for the ‘Reclaim These Streets’ group had challenged the Met’s interpretation of Covid-19 legislation when read together with the Human Rights Act. 

One of the organisers, Anna Birley, told BBC Radio 4’s Today programme that the group had ‘proactively’ contacted Lambeth Council and the Met Police. 

Ms Birley organisation for the vigil began on Wednesday evening, adding: ‘Initially, we had feedback that they were looking at ways to navigate this, that they would be looking at how they could proportionately and appropriately provide community policing to the event.

‘And we were in conversation about how we could do that safely so that people could express their anger and their grief without putting themselves or others at risk.

‘We then had an about-face mid-afternoon yesterday. We were being put under increasing pressure that individually, we would be at risk for doing so, but as would everybody who attended and all of the women across the country potentially who have been organising sister vigils in their own areas.’

Ms Birley said that safety of the vigil had been a ‘priority from the get-go’, adding: ‘It would be ironic to organise a vigil to think about women’s safety in public spaces without also thinking about the health and safety aspects.’  

‘Ever piece of literature that we’ve put out has emphasised social distancing.’

She said that the location of Clapham Common was chosen because it is a ‘wide open space’, while organisers had emphasised wearing masks. 

The Prime Minister’s official spokesman said: ‘He understands the strength of feeling around this case and nobody could fail to be moved by the experiences shared by many women since Sarah’s disappearance.

‘We are still in a pandemic, we would ask people to follow the rules and social distancing rules but we do understand the strength of feeling on this issue.’

Pressed again for his position on the protest, the spokesman said: ‘He does completely understand the strength of feeling on this and we would ask that people continue to follow the rules and social distancing rules.’

Ms Birley added: ‘We were trying to be very thoughtful. We had QR codes so that people could do track and trace, and just really trying to work out how we can do this in a really safe way.

‘I think that our right to peacefully assemble is an important one. 

‘And that when people do feel strongly and when groups of people’s rights are under threat because they can’t walk on the street safely…or as we saw last summer, they experience racism…

‘I think that our right to protest and our right to assemble in these contexts is a human right.’

She suggested that they may continue to meet if they do not get permission from the court today. 

In the statement tweeted on Thursday evening, Reclaim These Streets said the group had ‘initially’ received a positive response when it approached Lambeth Council and Scotland Yard while planning and promoting the event.

‘The Metropolitan Police said that they were ‘trying to navigate a way through’ and that they were ‘currently developing a local policing plan’ to allow the vigil to take place and to enable them to ‘develop an appropriate and proportionate local response’ to the event,’ the statement said.

‘Since this statement, the Metropolitan Police have reversed their position and stated that the vigil would be unlawful and that, as organisers, we could face tens of thousands of pounds in fines and criminal prosecution under the Serious Crimes Act.’

The group said by ‘forcing us to cancel’ the vigil, the police would be ‘silencing thousands of women like us who want to honour Sarah’s memory and stand up for our right to feel safe on our streets’.

A Metropolitan Police statement said: ‘We understand the public’s strength of feeling and are aware of the statement issued by Reclaim These Streets with regard to a planned vigil for Sarah Everard in Clapham Common this weekend.

‘We remain in discussion with the organisers about this event in light of the current Covid regulations.’

Harriet Harman, MP for Camberwell and Peckham, has written to the Metropolitan Police in support of the protest and plans to attend the gathering in Clapham Common on Saturday. 

She said: ‘Parliament has not specifically acted to constrain the right to demonstrate, so long as social distancing is observed this vigil will be perfectly lawful.’

Senior Conservative MP Caroline Nokes, the chair of the Commons Women and Equalities Committee, added: ‘I have asked Priti to step in and enable it to happen.

‘The organisers of the vigil appear to have mixed messages from the Met.

‘The Home Secretary can send a very clear message that at this awful time, when women want to express their sorrow at the tragic death of Sarah Everard, want to show their determination not to be intimidated by male violence against women and their solidarity with each other, they should be allowed to do so in a safe and socially distanced way.’ 

‘Reclaim These Streets’ last night raised more than £37,000 to pay any potential costs of the High Court appeal.