The Gypsy/Traveller way of life may mean that they travel the country staying in different locations for various periods of time in order to earn a living.
Gypsies and Travellers have rights as have the owners of the land where unauthorised camping takes place.
Gypsies and Travellers are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values.
Gypsies/Travellers camping without landowner's permission
If the encampment is on private land, it is usually the landowner's responsibility to evict them.
We will advise landowners of the process to do this. We may, however, seek to evict Gypsies/Travellers who camp on Council-owned land without agreement.
What the landowner should do
- The landowner should talk to them to see if a leaving date can be agreed. However, if the landowner decides to temporarily or permanently let the Gypsies/Travellers stay on their land then they could be in breach of Planning or Caravan Licensing laws if they do not already have permission and a relevant site licence.
- If the landowner wants to evict the Gypsies/Travellers then they should take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction. There must be a minimum of two clear days between service of documents and the Court hearing.
If the landowner is in breach of any planning or licence requirements and does not take action to evict the Gypsies/Travellers, then we may take proceedings against the landowner to require removal of the illegal encampment.
For further advice on illegal encampments, you can contact our Health and Housing Group on 01785 619000.
Gypsies/Travellers camping on Council-owned land
If the Gypsies/Travellers are causing problems they will be moved on as soon as is possible and reasonable.
In all cases the site is visited and every effort made to make sure that the Gypsies/Travellers keep the site tidy and do not cause public health problems. This sometimes means that waste collection facilities may be provided.
We cannot remove Gypsies/Travellers from our land immediately. We must:
- show that the Gypsies/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/Travellers to leave the site.
How long it takes to evict the Gypsies/Travellers will depend upon the circumstances of each individual case, as we will need to take account of the issues outlined above as well as how soon they can obtain a Court hearing date.
The Court may refuse to grant an order where there are unavoidable reasons (such as health grounds) for staying on the site or where the Court believes that we have failed to follow due process in recovering the land.
Responsibilities of the Police
The Police will visit all sites reported to them. In certain circumstances (for example, where there are six or more vehicles), officers may use powers under Section 61 of the Criminal Justice and Public Order Act 1994.
They will only use these powers where there is serious criminality or public disorder, illegal occupation of the land is a relevant factor and the problems cannot be addressed using normal criminal law.
The Police are bound by the Human Rights Act and therefore would not use Section 61 powers if it would stop welfare considerations from being applied by the civil courts.
Trespass on land by itself is not a criminal offence and so the removal of trespassers is the landowner's responsibility, not the Police.