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Kent 4 star Council

How are UEs managed on Local Authority land?

The site will be visited as a matter of urgency. Checks are made on the tidiness of the site, the level of disruption to local residents/businesses and an assessment of any obstruction of highways or public rights of way, as well as any activity the Police or others may have had reported to them.

As a legal requirement we also take into account whether there are any humanitarian or welfare considerations. If the campers are behaving and the site is being kept tidy and if other circumstances allow UEs may be tolerated for a short time in line with Government advice.

If there is evidence that they are not behaving, there is a presumption towards eviction.
If the decision is taken to evict we usually seek to negotiate a mutually acceptable deadline for unauthorised encampers to move by. This usually works and is normally quicker and less costly than taking formal legal action.

If that fails, there are powers that the Police and local authorities can use (see the paragraphs on "legislation" in this leaflet). These are subject to Human rights Act and Race Relations Act considerations, and can be challenged in Court.

Any attempt to move an UE without following relevant procedures may seem quicker, but it could lead to lengthy court actions, considerable cost and public criticism of the actions taken.

Copyright Kent County Council 2008