University of Birmingham to take legal action to shut down pro-Palestine encampments

The University of Birmingham is taking legal action to shut down a pro Palestine encampment which they claim is responsible for 'unacceptable activity' including 'grafitti and intimidation against staff and students'.

Vice Chancellor and Principal Prof Adam Tickell, in a memo to all staff, said it was 'with a heavy heart' that the decision had been taken to shut down the camp which was set up earlier this year as part of a national student-led movement protesting the Israeli response in Gaza.

He claims there has been 'unacceptable activity' associated with the two unauthorised encampments of tents and marquees, which are located in the university's 'Green Heart' and 'Chancellor's Court' areas of the Edgbaston campus. In his memo Prof Tickell wrote: "Following careful and very challenging reflection on this situation, it is with a heavy heart that I am writing to let you know that we have made the decision to go to court to request a Possession Order to end the disruption being caused to university land and activity being caused by the camps.

READ MORE: Pro-Palestinian protesters at University of Birmingham 'threatened with police action'

"This is not a decision that has been taken lightly. Since the camps first appeared in early May senior colleagues have offered to engage with those involved, to listen to their concerns and find a route to ending the camps. Although in the early days of the camp, representatives were willing to engage on a limited basis with University senior staff who visited, that is no longer the case."

He said that "recent actions" on campus have created a hostile environment for some students and staff. He claimed that included:

  • mask-wearing groups shouting at, harassing and intimidating staff in their place of work;

He added: "Taking legal action is not a step that any of us would take lightly and I recognise that not everyone will agree with this approach. This is now necessary as a result of the escalation and unacceptable behaviour, and in order to look after the interests of the whole University community, including our students and visitors to our open days, as well as graduands, and their families and friends who wish to enjoy their graduation ceremonies without concern that their special day will be disrupted.

"It’s also important that staff who are simply going about their work should be able to do so without fear of intimidation and without feeling that there are parts of campus where they cannot go."

He claimed in his letter: "Camp representatives have refused offers to meet with senior University representatives, including the Pro-Vice-Chancellor (Education) unless specific demands are agreed to in advance, meaning that discussions have not been able to progress. Instead, they have chosen to escalate actions, crossing the line into completely unacceptable behaviour.

"I absolutely recognise that some students and staff may wish to take part in protests and respect their right to do so peacefully within the law and University regulations. However, the rights to protest and to freedom of speech do not include setting up a camp and occupying University land, to the detriment of the rest of the University community."

He said the university would continue to "seek dialogue and push for an alternative resolution" adding that "we would like to find a way that pro-Palestinian protests can be held in a way that allows the protestors’ views to be expressed within the University’s Code of Practice on Freedom of Speech and with the encampment ending."

He said there were 'strong' feelings on both sides about the camp. "This action is not about taking a political position as an institution. I am unequivocal in recognising that this conflict continues to cause unimaginable suffering and continue to hope for an immediate ceasefire, the release of the remaining hostages, the delivery of vital aid, and a peaceful resolution to the conflict."

A dedicated university web page has been set up to discuss the Palestine-Israel situation while the university says its commitment to ethical investments is also listed on a webpage, linking to a full list of the funds the university is invested in.

BirminghamLive spoke to campers at the university today who said they were aware of the court threat and were currently seeking legal advice and would not comment on their next steps ahead of that, nor comment on the decision.

But earlier in the protest students highlighted they were a peaceful camp. One student, who would only give her name as 'Robin', said: "We are not disrupting other students, so we will stay put. We have around 40 tents now so I don't think they could break us up as there's so many of us...there's a genocide going on and I could not just sit back and let that happen. We are just being asked to be treated with fairness."

We understand the court hearing will take place on Friday, when the university will seek a possession order.

A possession order is the first legal step towards reclaiming land or property. If granted, it will give the campers a date by which to vacate the land. If they fail to do so, a warrant for eviction will be enacted, and bailiffs will be brought in to forcibly remove campers.

A spokesperson for The University of Birmingham said: "A group of tents has occupied several parts of the central University campus since 9 May. On Monday 10 June, the University submitted a claim to Court for a Possession Order to end the disruption to University land and activity being caused by these camps.

"We recognise that some students and staff may wish to take part in protests about issues that matter to them and respect their right to do so peacefully within the law and University regulations. However, this does not include setting up a camp and occupying University land, to the detriment of the rest of the University community.

"Unfortunately, there has also been an escalation in recent actions, including disrupting student activities such as Grad Ball, red paint being sprayed across the Aston Webb building causing significant damage, and mask-wearing groups shouting at staff. It is important that everyone on campus should be able to go about their business without fear of intimidation and without feeling that there are parts of campus where they cannot go.

"Taking legal action is not a decision taken lightly but is necessary to look after the interests of the whole University community. In parallel we will continue to seek dialogue and push for an alternative resolution, something the camp has so far refused to do despite repeated offers."

UPDATE: Since this story was initially published, the student encampment has provided the following statement: "It is disappointing that the University has chosen to take legal action against our peaceful encampment rather than engage with the Student-Staff Coalition in good faith and negotiate our demands. We had hoped that, through our consistent efforts to establish a dialogue with the Vice Chancellor we would be able to work towards a more productive solution. We reiterate our intention to engage in dialogue with the VC. Whilst we are currently seeking legal advice, we do not believe it is right that any student should have to seek legal protection against their institution for engaging in peaceful protest."

They also added that the encampment 'has had no involvement in the direct action carried out by Palestine Action activists on the Edgbaston campus...and reject the claim that our peaceful encampment is intimidating to students and staff."

What is a possession order?