Further Information
Unauthorised Encampments (UEs)
Duty of the Council and Police
Gypsies and Travellers need to gain planning consent for a UE
just like anyone else. If they do not then the site is classed as
an Unauthorised Development and the local planning authority will
deal with it under the normal planning powers available to it.
If the UEs are on private land it is primarily the
landowners' responsibility to deal with the issue. Kent County
Council and the relevant District Council will provide advice and
help if asked to do so by the landowner. New guidance issued by the
office of the Deputy Prime Minister/Home Office says that within
the overall strategy for managing unauthorised camping, the local
authority might consider acting more directly against encampments
when requested by a private landowner. The Police will of course
tackle all reports of crime (but not trespass) wherever they are
reported.
A Protocol has been agreed between all Kent Councils and the
Police to maintain an acceptable and consistent approach on dealing
with UEs. This includes references to Government advice that when
UEs are not causing a problem they may be tolerated for a short
time.
UEs on Local Authority property
If a UE is on Council land, that Council has a POWER not a DUTY
to move them on and they may only evict them subject to complying
with Human Rights legislation and other procedures. Failure to
comply would render the Council and Police officers liable to
challenge in the courts, proving potentially costly and quite
probably resulting in lengthy stays for the encampers.
When this occurs 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 below). 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.
UEs on private property
The Government encourages toleration of unauthorised encampments
when no nuisance or anti-social behaviour is occurring. However,
UEs may be in breach of planning or other regulations.
Unless the landowner has already obtained planning permission or
is a farmer and the encampers are helping with fruit picking for
example, the landowner could be in breach of Planning Acts and the
Acts dealing with the licensing of Caravan Sites.
In the first instance call the KCC's Report and
Information Line on 0845 345 0210 or your **local
District or Borough Council**.
If the landowner will not take appropriate action to remove
encampers, and is in breach of any planning or licence requirements
the local planning authority may take action against the landowner
to require the removal of the caravans. Court actions would likely
follow if the landowner does not comply.
Rubbish left by UEs
Unauthorised encampments on the side of the road or on Council
land will be visited by various agencies and every effort made to
try and keep the site tidy.
Local authorities, the Police and the Environment Agency are
seeking ways of using existing legislation to deal with these
anti-social and often expensive problems. Private landowners are
responsible for the removal of waste on their land.
Whilst unauthorised encampers are obliged to keep any site tidy,
private landowners are responsible for the removal of waste from
their land. Certain waste requires special treatment. If in doubt,
contact the Environment Agency Hotline on 0800 807060.
Criminal Activity
The Police will deal with crime when there is a complaint and
evidence to support it.
In order to investigate criminal activity, written evidence from
witnesses must be provided to Police and an agreement to support
any subsequent prosecution. The Government's policy does not allow
for the toleration of anti-social or criminal behaviour. Such
behaviour actually speeds up the processes of the Police and the
Council in using their powers.
If you witness unlawful and anti-social behaviour report it to
the Police. Alternatively call Crimestoppers on 0800 555111 or
visit http://www.crimestoppers-uk.org/.
Nuisance may also be reported to the **District Council
Environmental Health Department**. Make a note of the name
of the person you are talking to, any reference number you are
given and the date and time of the call.
Legislation
The main legislation affecting Gypsies and Travellers and UEs
are the Human Rights and Race Relations Acts and Sections 61, 62,
62A-E, 77 and 78 of the Criminal Justice and Public Order Act 1994.
That legislation is bound by various interpretations from the
courts (case law) and guidance notes from Government, which do not
allow racial discrimination or tolerate anti-social or criminal
behaviour. Find out more about these peices of legislation
below:
Race relations legislation
Race relations legislation recognises Gypsies and Travellers as
specific racial groups, such as Romany Gypsies and Irish
Travellers, and those other Gypsies. As well as Travellers who are
of ethnic or national origin and come within the definition of a
racial group within the legislation, for example Scottish
Travellers. The legislation places a duty on public authorities,
including KCC, to promote race equality.
Sections 61 and 62
Section 61/62 is a power that the Police can use. It can be used
when two or more people are trespassing on land with six or more
vehicles, where they have damaged land or property, where there has
been threatening/abusive/insulting behaviour used against the
occupier, the family or agent and where the landowner has asked
them to leave (and they have failed to do so).
Subject to the above, the Police may then order the encampers
immediate vacation from the site. The Police will consider using
their powers when there is disruption to local business, schools or
hospitals; where significant damage has been caused to the
property, eg forced entry; where there is evidence of arrestable
offences being committed by the trespassers; or where any of the
trespassers have used threatening behaviour.
Sections 62A-E
This is a new Police power, but it will only be useable in Kent
once there are other vacant pitches available, or Transit Sites are
established and available for use. It allows the Police to attend
in the case of upwards of just one caravan, occupied by two people,
where the landowner has asked they move from the land AND when
there is an alternative pitch available for them on a suitable site
within the Local Authority area.
Sections 77 and 78
These are the powers used by the Council where caravans moved
onto its land. Section 77 allows the Council to require the
encampers to leave, although it does have a legal obligation to
make humanitarian enquiries and to take account of considerations
of common humanity. All decisions by public bodies must be
'proportionate' and accord with the Human Rights Act.
If the encampers fail to comply with that request and direction,
the Council can apply to the Magistrates' Court under Section 78
for a Court Order requiring them to leave with their vehicles. If
granted and the encampers still do not move, it authorises council
officers to enter the land and remove the property (caravans/cars
etc) to a safe place
Your rights
UEs on your land
If the UEs are on private land it is primarily the
landowners' responsibility to deal with the issue. Kent County
Council and the relevant District Council will provide advice and
help if asked to do so by the landowner.
Trespass on land is a civil matter with prevention of trespass
being the responsibility of the landowner. If you don't want to
tolerate encampments for short periods of time you may wish to
consider seeking advice from either Kent County Council (via the
KCC Contact Centre Report Line on 0845 345 0210) or the appropriate
**District Council**. You may also wish to
consider whether any physical steps may be taken to prevent access
to your land and if you or your solicitor can go to a county court
and obtain an order granting you possession of your land.
Trespass is not a criminal offence, it is a civil matter.
However, each UE is closely monitored and all circumstances
surrounding the actions of those on the encampment are taken into
account when the use of Sections 61 and 62 of the Criminal Justice
and Public Order Act 1994 are being considered by the Police (see
legislation above). Once the
use of this power has been activated, failure by the campers to
comply with the Police instruction to leave, or if that group
returns to the same land within three months, they commit another
offence for which there is power of arrest.
Find out more at: