Housing help and advice
Posted 09 Mar 2012 2:58:PM
Gypsy and traveller sites
Giles Chappell - 7 July 2011
Gypsies and travellers are protected from discrimination by the Equality Act 2010, The Public Sector Equality Duty 2011 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values.
The aim of this information is to set out how the council and other official agencies will work to try to balance the rights of all those involved.
Why do Gypsies and Travellers pursue a travelling lifestyle?
Their way of life means that they travel the country staying for various periods of time in different locations, in order to earn a living.
This has been their way of life for many generations.
Does the council have a duty to move Gypsies and Travellers when they are camped without the landowner's permission?
No. If Gypsies or Travellers are camped on council land, the council can evict them.
If they are on private land, it is usually the landowner's responsibility. A landowner is responsible for trespass on their land. Whilst the council and Police have powers to remove groups from private land these are discretionary and unlikely to be used unless in extreme circumstances. We do not want to give private landowners the impression that the council has an obligation regarding all encampments irrespective of ownership.
The Government has advised that when Gypsies and Travellers are not causing a problem, the site may be tolerated.
If Gypsies or Travellers camp on private land, what can the landowner do?
- Talk to them to see if a leaving date can be agreed.
- Take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a court order for their eviction.
To obtain a court order the process takes approximately 10 days. The County Court can advise landowners on the process.
What if the landowner decides to let them stay on the land temporarily?
Unless the landowner has already obtained planning permission for a caravan site or is a farmer and the Gypsies or Travellers are helping with fruit picking etc., then the landowner could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites.
You may wish to seek further advice from the council ’s Planning and Environmental Services who deal with illegal encampments.
If the landowner fails to take the appropriate action to remove the Gypsies or Travellers, what will the council do?
If the landowner is in breach of any planning or license requirements, then the council will take proceedings against the landowner to require removal of the illegal encampment.
I have seen Gypsies or Travellers camping on the side of the road and sometimes on parks or other council-owned land, what can the council do in these cases?
If the Gypsies or Travellers are causing problems they will be moved on as soon as is possible and reasonable. The council will consider each case on its merits. In all cases the site is visited and every effort made to make sure that the Gypsies or Travellers keep the site tidy and do not cause public health problems. On tolerated sites this sometimes means that refuse collection and toilet facilities may be provided for this purpose.
Can the council remove Gypsies and Travellers from their land immediately?
No, the council must:
- show that the Gypsies or Travellers are on the land without consent;
- make enquiries regarding the general health, welfare and children's education;
- ensure that the Human Rights Acts 1998 has been fully complied with;
- follow a set procedure in terms of proving ownership of land and details of the illegal encampment that will enable them to successfully obtain the necessary authority from the courts to order the Gypsies or Travellers to leave the site.
How long will it take for the Gypsies or Travellers to be removed?
This will depend upon the circumstances of each individual case. The council will need to take account of the issues outlined above as well as how soon they can obtain a court hearing date.
Can the court refuse to grant the council an order to move Gypsies or Travellers on?
Yes. If there is an unavoidable reason for the Gypsies or Travellers to stay on the site, or if the court believes that the council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies or Travellers. The council must try to find out this information before going to court.
What can the Police do?
The Police will visit all sites reported to them. In certain circumstances (for example, where the Gypsies or Travellers have with them six or more vehicles), officers may use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the trespassory occupation of the land is a relevant factor.
The Police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.
The duty of the Police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of Trespass and the removal of trespassers are the responsibilities of the landowner and not the Police. The Police will investigate all criminal and public order offences.