Liberty client Occupy Democracy has been granted permission to take the mayor of London, Boris Johnson, to court over his decision to fence off Parliament Square and prevent peaceful protests from going ahead. The High Court has given the green light for a judicial review against the mayor's decision to erect large metal fences in Parliament Square Gardens halfway through a 10-day protest in October 2014.

Occupy Democracy is a protest movement that gathers in Parliament Square each month until the May general election. Protesters pitch tents in the square and turn it into "a civic space where we can re-envision what our society could be like," holding talks and workshops on issues from poverty to the environment.

The movement has met with resistance from the government. The Police Reform and Social Responsibility Act 2011 gave the mayor and police significant powers to prevent the use of sleeping equipment, amplification and other protest equipment in the area surrounding Parliament. Liberty raised concerns regarding these laws when they were passed, but the mayor is now going even further by fencing off the area entirely.

Protestors were told that the October enclosure – which forced them into a narrow space away from the Houses of Parliament – was required for repair work and maintenance of the grass. The fencing quickly expanded to the entire square, however, including paved areas, and there was a distinct lack of evidence of maintenance or repair work taking place on the gardens – instead there was a constant presence of police officers and dogs, with little regard for the square’s flora.

"Flagrant disregard"

Occupy Democracy successfully discouraged littering at the demonstration and went to great lengths to keep the area clean and tidy. They also declared the protest an alcohol-free zone. Demonstrator numbers were never large enough to dominate the square or exclude anyone else from using it.

"The UK has a long, proud history of holding the powerful to account, and the right to protest peacefully is enshrined in law in our Human Rights Act. Unfortunately, that can be something of an inconvenience for those in power," said Rosie Brighouse, a lawyer with Liberty. "The mayor’s flagrant disregard for one of our most fundamental freedoms, on the very doorstep of the palace of power, cannot be allowed to go unchecked – so we’re delighted the courts have seen fit to review his actions."

"We're very pleased to see the first step has been taken towards a potentially just outcome. The court’s decision reflects the importance of the threat to democracy and human rights constituted by Boris Johnson's chilling and repressive actions towards peaceful pro-democracy campaigners," said George Barda, an Occupy Democracy campaigner.

Occupy Democracy attempted to hold further demonstrations of even shorter length in November and December, but on both occasions the mayor constructed the fencing again, causing them significant difficulties. A number of the protestors are currently facing criminal charges relating to the policing of the demonstrations.

They will continue to come together to protest each month in the run-up to the general election. The mayor has refused to agree that the fencing will not be reconstructed to prevent future protests.

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