Brian Wilkins, 76, known locally as “the Bird Man of Hartlepool”, has lost his legal appeal against a criminal behaviour order after the borough council prosecuted him for persistently feeding birds despite warnings about attracting rats to the town centre.
The pensioner, who refused to back down out of principle, now faces total court costs exceeding £2,700 after his unsuccessful appeal at Teesside Crown Court added a £700 prosecution charge to his existing fines and legal bills.
Recorder Andrew Sutcliffe dismissed Wilkins’ appeal on September 12, ruling that the council was “within its statutory rights and indeed obligations” in serving the community protection notice and prosecuting him for breaching it.
Criminal Behaviour Order Stands
The nature-loving grandfather from Sheriff Street remains subject to a two-year criminal behaviour order that bans him from leaving food in “public spaces or accessible areas” throughout Hartlepool until April 2027. The order carries the risk of prison if broken.
Recorder Sutcliffe said magistrates had “no option” in making the Criminal Behaviour Order due to Wilkins’ “flagrant refusal” to comply with the protection notice.
The appeal hearing was told that numerous complaints were received by Hartlepool Borough Council between May 2, 2023, and January 10, 2024, describing Mr Wilkins feeding birds and wildlife around the town centre and borough, adding to the vermin problem.
Businesses Report Rat Infestations
Businesses including Middleton Grange Shopping Centre, Camerons Brewery and Park Towers complained they had seen an increase in problems with rats as a result of Wilkins’ activities.
Alyson McCall from Middleton Grange stated: “The problem has exacerbated so much that we’ve had to increase our pest control visits as the vermin was getting out of control.”
The shopping centre was forced to implement a six-week control programme to tackle wildlife problems. A pest control officer told the court that Wilkins was “hindering” efforts to control rats around Lynnfield Primary School.
The pensioner had previously been purchasing up to 30 loaves of bread daily to feed birds, alongside 12 kilos of birdseed and 18 packets of biscuits. He became known to residents who would often see him out with his trolley, surrounded by birds and scurrying rats.
“Grossly Unfair” Claims Wilkins
Speaking after his original conviction in April, the 77-year-old said the £2,076 bill was “irrelevant” compared to the birds who would have to do without his food.
Wilkins told reporters: “It’s the starving creatures that are the priority here, not the money. Perhaps I will starve myself to death like these poor creatures. It’s grossly unfair.”
The pensioner, who describes himself as representing the “Hartlepool Wildlife Feeding Programme”, had argued he had a “reasonable excuse” for breaching the order, claiming wildlife would starve without his intervention.
“Hartlepool is awash with rats,” he said during his appeal, adding: “We’re Hartlepool Wildlife Feeding Programme and we’re doing our best to feed our wildlife.”
Council Defends Legal Action
Hartlepool Borough Council has consistently defended its prosecution as a last resort. A council spokesperson said: “Our preferred approach has always been to try to resolve this matter informally and bring about a voluntary change in Mr Wilkins’ behaviour. Although legal action is very much a last resort, his failure to co-operate has left us with no other option.”
The spokesperson added: “We have a duty to safeguard public health in the wider community, and Mr Wilkins’ continued actions have led to numerous recurring complaints about rats from businesses and individual residents.
The council had initially issued Wilkins with a community protection warning and several final reminders after he continued depositing food around the town. He was served with a Community Protection Order in January 2024 following complaints dating back to May 2023.
Public Support Floods In
Despite the legal setback, Wilkins has garnered significant public support. Donations have flooded in to support the pensioner through a GoFundMe page set up by his daughter Paula Allison.
A Change.org petition supporting Wilkins states: “At the heart of our community lives a man who is a friend to all, especially the birds. His actions reflect a deep respect and compassion for nature, feeding birds regularly for the simple joy of nourishing life in our surroundings.”
His eldest daughter Paula Allison, 57, criticised the council’s priorities: “The council should be ashamed of themselves. They are not dealing with drug dealers and hooligans in the town but they send an old man to court instead.”
Allison added: “One woman came up to us the other day and said, ‘The people of Hartlepool back you in this’. He’s not harming anybody. He’s just feeding the animals.”
Pattern of Non-Compliance
The court heard evidence of Wilkins’ persistent breaches of council orders. Sophie Johnston for the council outlined around a dozen complaints received from members of the public, Camerons Brewery and the manager of Park Towers apartments throughout 2023.
He was issued with a fixed penalty notice in March 2024 following complaints about him putting food down in Stockton Road and around Middleton Grange shopping centre, “making birds flock in large numbers”.
Wilkins was found guilty of breaching the order between January 16 and October 31 last year after a trial at Teesside Magistrates’ Court.
Financial Impact
The financial burden on the 76-year-old pensioner continues to mount. Following his original conviction in April, he was:
- Fined £250
- Ordered to pay a £100 surcharge
- Required to pay council costs of £1,826.73
The failed appeal has now added another £700 in prosecution costs, bringing his total court bills to over £2,700.
Interestingly, Wilkins has requested that money raised by the GoFundMe page to pay for his court bill should be sent back to donors.
Historical Context
Wilkins’ case has divided the Hartlepool community. A note left on the “Bird Man’s” window at his home in Sheriff Street reads: “HBC – you will be guilty of mass murder of our Hartlepudlian Wildlife.”
The petition supporting him argues that “rats naturally abound in most urban settings, regardless of human actions,” citing a University of Reading study suggesting there is one rat for every person in urban areas.
Chair of the magistrates’ bench, Dr Adam Rathbone, had previously told Wilkins: “Although you believe you were protecting them, it was causing more harm to the people and environment in Hartlepool.”
What Happens Next
The criminal behaviour order remains in force until April 2027. Wilkins is prohibited from leaving food for wildlife anywhere in Hartlepool’s public spaces or accessible areas. He is also banned from delegating or encouraging anyone else to feed wildlife “on the whole of the British Isles”.
Any breach of the order could result in imprisonment, though Wilkins has indicated he may continue his activities despite the legal consequences, viewing it as a matter of principle and animal welfare.
The case has raised broader questions about urban wildlife management, the balance between public health concerns and animal welfare, and the appropriateness of criminal sanctions for feeding birds in public spaces.
As one of the most unusual prosecutions in recent memory, the “Bird Man of Hartlepool” case continues to generate debate about compassion, community standards, and the role of local authorities in managing human-wildlife interactions in urban environments.
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