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Travellers & unauthorised encampments

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Gypsies & Travellers

Background information
There are several groups of Gypsies and Travellers.

  • The Romany Gypsies, can be found in many countries of the world, originally came from Northern India and can trace their ancestry in Britain back to the 16th and 17th centuries.

  • The Irish Travellers/Tinkers, are believed to descend from wandering Bards and Poets or travelling tinsmiths. In the 18th century people driven from the land by eviction and famine swelled their numbers.

  • The Scottish Gypsies/Tinkers, probably have their roots in groups of travelling metal workers. During the 19th century their numbers were augmented by those dispossessed by the Highland Clearances.

  • New Travellers began to appear in the early 1970's, as a chosen way of life, an alternative to house dwelling. There are now some three generations of New Traveller families.

Kennet District Council’s Policy in dealing with illegal encampments

It is currently the policy of the council for Environmental Health & Protection Services to enforce its powers under the Criminal Justice and Public Order Act 1994 on any illegal encampment, which exists on council owned land.

Should any encampments occur on private land then it will be up to the landowner to evoke civil proceedings to remove the travellers. Should this not be carried out then ultimately enforcement proceedings may be implemented under the Caravan sites, Control of Development Act 1960 as the landowner may be operating a caravan site without a caravan site licence. Such a licence cannot be granted unless prior planning permission for this use has been obtained.

Local authorities have responsibilities to make welfare enquiries when dealing with traveller encampments and cannot implement enforcement action without meeting any welfare needs that have been identified. Government guidance states that if travellers on a site are causing “little or no nuisance” then they should be tolerated for a few days. Any decision made about what action to take in connection with an unauthorised encampment should be:

  • Proper taking into account local policy and procedures

  • Reasonable in light of the evidence obtained concerning the encampment

  • Balanced in that they take account of the rights and needs of both the settled community and the travellers.

  • Proportionate this will vary according to the circumstances of each encampment, including the nature of the location and the behaviour and needs of the campers.

Local Authority Enforcement powers

Local authorities have two main sets of powers to tackle unauthorised encampments

:

1. Civil Powers

Landowners, including local authorities, can obtain a possession order in the civil courts requiring removal of the travellers from property and land. The order is effective against anyone on the land, not necessarily those resident when the notice was first served. The possession order may also be granted to cover land in addition to that actually camped upon if it can be shown that there is a danger of further encampment elsewhere by the travellers

.

If land is persistently occupied an order may be given which outlaws future encampment of that land regardless of the welfare circumstances of the travellers.

2. Section 77and 78 Criminal Justice and Public Order Act 1994

Local authorities have under these provisions, powers to make directions to leave land (private or L.A land) being used by travellers. Should a direction not be complied with then the L.A may apply to the magistrates’ court for an order requiring the removal of vehicles and occupants from land. Once they have left, it is an offence for the travellers subject to a direction to return within 3 months

.

The direction is only effective against people directed to leave and as such, all newcomers must also be served with directions to leave. Directions only apply to the land camped upon, proceedings must be started again should the travellers move a short distance. The responsibility for forced eviction rests with the local authority.

Police enforcement powers

In addition to the powers available to the local authority, the police have (under Section 61 of the Criminal Justice and Public Order Act), discretionary powers to direct travellers to leave land subject to the following conditions

:

  • If any of those persons have caused damage to the land or property on that land, or

  • have used threatening behaviour towards the occupier, and

  • there are 2 or more people on the land and they have between them 6 or more vehicles.

The Police, Wiltshire County Council and the Wiltshire District Councils are currently working on a county wide protocol and policy in dealing with illegal encampments that occur in Wiltshire.

Clearing up rubbish left following illegal encampments

It is the responsibility of the landowner to ensure that any refuse or rubbish left on land is tidied up and removed. Environmental Health & Protection Services may invoke its enforcement powers on any private landowner should any rubbish that presents a health hazard or a statutory nuisance not be effectively removed from private land.

Any rubbish left on council owned land will be removed within 24 hours after the land has been vacated.

If you have any queries please contact Environmental Health & Protection Services on 01380 724911 or email env.health@kennet.gov.uk

National Organisations

  • Friends, Families and Travellers - Tel: 01273 234777 Fax: 01273 234778

  • Gypsy Council for Education, Culture, Welfare & Civil Rights - Tel: 01708 868986

  • Romany Rights Association - Tel: 01945 780326

  • Telephone Legal Advice for Travellers - Tel: 01222 874580, Fax: 01222 874079