What is an unauthorised encampment?
An unauthorised encampment is when people stay on land without the landowner's permission. This may involve caravans, vehicles, tents, or other temporary accommodation.
Being on land without permission is usually a civil matter known as trespass. It is not normally a criminal offence.
People have the right to follow a nomadic way of life, but they must have permission from the landowner to stay on private or public land.
Equality and Human Rights
Gypsy, Roma and Traveller communities are protected by the Equality Act 2010 and the Human Rights Act 1998. When dealing with unauthorised encampments, the council must consider these rights and follow government guidance and legal requirements.
We understand that unauthorised encampments can cause concern, inconvenience, distress and costs for local residents and landowners. The council works to balance the rights and welfare of those living on the site with the interests of the wider community.
Reporting an unauthorised encampment
If you become aware of an unauthorised encampment, you can report it to the police by calling the non-emergency number 101.
Who sets up unauthorised encampments?
Many unauthorised encampments in the district involve people from Gypsy, Roma and Traveller communities who travel around the country and stay in different locations for short periods before moving on.
Can the council remove an encampment straight away?
No. Before any action can be taken, the council must:
- Confirm whether the land is owned by the council or a private landowner
- Establish that the people are on the land without permission
- Speak with those staying on the site to assess any welfare, health or education needs
- Consider the rights of those involved under human rights legislation
- Follow the correct legal process.
What happens when an encampment is reported?
When an encampment is reported, the council and police will investigate.
If the land is privately owned
The landowner is responsible for arranging the removal of the encampment and may wish to seek legal advice.
If the land is owned by the council
The council and police will visit the site as soon as possible.
The council will carry out a welfare assessment to understand any health, welfare or safeguarding concerns.
If there are no significant welfare issues that prevent action, the council may issue notices requiring people to leave the site.
If the encampment does not leave by the specified date, the council may apply to the Magistrates' Court for an order requiring the site to be vacated. If the court grants the order and it is ignored, the council may appoint bailiffs to remove the encampment.
In some circumstances, the police may use specific legal powers to require people to leave immediately. These powers are only used where the legal conditions are met.
How long does removal take?
The time needed to remove an encampment varies depending on:
- Ownership of the land
- Any welfare or safeguarding concerns
- The legal process that must be followed
- How quickly a court hearing can be arranged, if one is required.
Can unauthorised encampments be banned across the whole district?
This is very difficult. The council must apply to the court and provide evidence that such action is necessary and justified. Each case is considered on its own circumstances.
Can a court refuse an eviction order?
Yes. A court may refuse an order if it believes there are important reasons why the encampment should remain temporarily or if the council has not carried out enough checks into welfare and other relevant issues.
What if residents are experiencing problems?
The council recognises that unauthorised encampments can affect nearby residents and businesses.
When responding to an encampment, the council must balance:
- The rights and welfare of those on the site.
- The impact on residents and businesses.
- Protection of the local environment.
- Legal requirements and procedures.
If anyone at an encampment is behaving in an antisocial or criminal manner, this should be reported to the police by calling 101, or 999 in an emergency.
Does the council have to remove encampments from all land?
The council has powers to act when an encampment is on council-owned land.
For privately owned land, the responsibility for removal generally rests with the landowner.
What can a private landowner do?
If people enter private land without permission, the landowner is responsible for deciding what action to take and may wish to obtain legal advice on removing the encampment.
What if a landowner allows people to stay temporarily?
Landowners should be aware that allowing caravans or camping on land may require planning permission. Failure to comply with planning requirements could lead to enforcement action.
What happens if a landowner takes no action?
If the use of the land breaches planning rules or licensing requirements, the council may take appropriate enforcement action against the landowner.
Who clears any rubbish or damage left behind?
The landowner is responsible for clearing any waste and restoring the land after the encampment has left.