York Guides

Asbo for entire family sets out five-mile exclusion zone around three villages after five-year campaign by residents

Mark Branagan (Yorkshire Post)
A GROUP of travellers yesterday became one of the first families in the country to become subject to an Asbo following a five-year campaign by North Yorkshire villagers to move them on.

Up to 14 members of the Smith family have effectively been living in or around the three communities of Sand Hutton, Warthill and Gate Helmsley between York and Stamford Bridge.
North Yorkshire County Council said the Smiths owned 10 horses and 28 dogs and were living in just three caravans. In the past they had owned up to 50 horses.
Yesterday, 14 members of the family were summoned to appear before District Judge Roy Anderson at Pickering Magistrates' Court for Anti-Social Behaviour Orders to be served on all of them.
However, after a day of legal wrangling, it was agreed for the head of the family, David Smith, aged 58, to sign the order, along with the three family members in charge of the horses – Richard Smith, aged 26; Thomas Smith, aged 27; and Rabbi Smith, aged 19.
Police said that although proceedings against the rest of the family had been withdrawn the effects of the four Asbos would enable officers to keep the entire family on the move and away from the villages where their presence had caused so much unhappiness.
The orders imposed an exclusion zone of around five square miles meaning that while the travellers can pass through the area of the villages, they can only stop to get petrol.
Outside the prohibited area the orders will keep the travellers moving. They are barred from camping for more than 21 days in one place and they cannot return to a previous campsite for at least a year.
Insp Neil Burnett of Ryedale Police said the case was very unusual, adding: "The exclusion zone is where the family have almost exclusively lived for the past five years.
"We recognise the travellers lifestyle is a legitimate one but this situation has been born out of the refusal of members of the Smith family to moderate certain aspects of their lifestyle.
"The police will be enforcing this and the effect will be to make sure the family keep moving and their travelling lifestyle does not impact on local residents."
During the hearing, barrister Anesh Pemer said the main problem was the impact of the family's horses.
They often obstructed the highway while tethered up and also ate hedges, bursting through them to consume farmers' crops.
The court was shown photographs of two wrecked caravans, one left in the road, and the shell of a Ford Transit van without its engine, which Mr Pemer said were prime examples of the problems which the travellers left behind.
Residents had also complained that the family's caravans also obstructed the highway and public rights of way.
"But the family do not accept any incidents of intimidation or harassment have taken place," Mr Pemer said.
The court heard that two members of the Smith family, Charlie and Ellen, were no longer members of the encampment, having moved to an official travellers' site.
Because four key members of the family had accepted the orders, proceedings were also discontinued against the other Smiths – Brenda, Connie, David Smith jnr, Milly, Rachel, Robin, Rebbie and Yvonne.
The family, who are currently camped off the A64 near Malton, refused to comment after the hearing, where no defence was offered.
North Yorkshire Council had teamed up with Ryedale Council and North Yorkshire Police to secure the orders.
A council spokesman said: "The action stems from years of complaints to the police and councils about the alleged anti-social behaviour and activities of the Smith family.
"It is alleged that the behaviour of the Smith family have caused or is likely to cause harassment, alarm or distress to people living nearby.
"We have succeeded in our goal of attempting to prevent the family from occupying a small area within Ryedale in addition to ensuring that they move on every 21 days."
Imposing the orders District Judge Anderson warned them that breaching them would be very serious.
He continued: "The penalties include imprisonment – either six months at this court or five years maximum in a Crown court in addition to fines and other penalties which can be imposed.
"You must take the orders seriously and comply with all the requirements libel to arrest and conviction."
The Asbos also included a string of other conditions to prevent the travellers causing a nuisance including tidying up their rubbish using bin bags provided by Ryedale Council and a ban on them picking up discarded wood to burn, to prevent them using gateposts and fences as firewood.