Appendix 'C'
Equality Impact Assessment
Fairness Impact Assessment Process:
To support decision making in terms of potential cuts to services, policies,
strategies and projects
Name of Policy:
Managing Unauthorised Encampments on County Council Owned Land and
on the Highway
Who is the policy aimed at?
An unauthorised encampment occurs where any person camps (in vans,
trailers or any other moveable accommodation) on land that they do not own,
and where they do not have permission to reside. Most unauthorised
encampments are by Gypsies or Travellers because of the travelling nature of
their life-style coupled with the acknowledged shortage of site provision
nationally.
Unauthorised encampments can cause significant problems for those affected
by or involved in the encampment. The settled community in the
neighbourhood of the encampment may be concerned as to the behaviour
and impact of the encampment. For the highway user, a roadside
encampment may present a significant hazard and/or obstruction. The County
Council as landowner may be deprived of the legitimate use of its land and
may incur costs to make good once the encampment has gone, including any
costs of legal action. However, an unauthorised encampment may equally
present a safety hazard to those encamped from traffic or the nature of the
site, and the travellers themselves may be the subject of harassment and
intimidation.
As both landowner and Highway Authority, the County Council annually faces
substantial costs in resolving these issues. In particular under Part 2 of the
Traffic Management Act 2004 the County Council as Highway Authority is
required to "secure the expeditious movement of traffic on the authority’s road
network". Under s.130 of the Highways Act 1980 the Highway Authority is
under a duty to assert and protect the rights of the public to the use and
enjoyment of the highway. It must therefore act quickly where encampments
cause highway problems.
The Policy is therefore aimed at those who establish unauthorised
encampments and all those affected by the encampments.
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Question 1
Using information that you have gathered from service monitoring, surveys,
consultation and other sources, in your opinion, could your policy have a
potentially negative effect on any of the following groups:

People of different ages – including young and older people

People with a disability

People of different races/ethnicities/nationalities

Men

Women

People of different religions/beliefs

People of different sexual orientations

People who are or have identified as transgender

People who are married or in a civil partnership

Women who are pregnant or on maternity leave or men whose
partners are pregnant or on maternity leave

People on low incomes
The Policy serves to formalise current practice and therefore has no negative
impact in itself. The policy seeks to ensure a balance between the rights and
needs of the settled community and those of the travelling community and
provides a consistent approach to unauthorised encampments by establishing
a framework for decision making, by setting out those circumstances in which
an encampment may be tolerated and by codifying the behaviour expected
both in and towards a tolerated encampment.
By setting out how the County Council will act once notified of an
unauthorised encampment, both the settled and travelling communities can
be assured that their needs will be taken into proper account in accordance
with the Human Rights Act 1998 and the Equality Act 2010. Considerations of
the health, welfare and educational needs of Gypsies and Travellers are
significant criteria within the Policy. By including a Code of Practice for
Gypsies and Travellers on Unauthorised Encampments, the policy seeks to
improve community cohesion by reassuring the settled community that the
same standards of behaviour are expected of all communities, whilst making it
clear that racial harassment or intimidation will not be tolerated.
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Question 2
What sources of information have you used to come to this decision?
Consultation has taken place with relevant agencies and, conscious that no
comments were forthcoming from traveller groups or representatives, officers
have made efforts to contact traveller community groups through various
media without success. Advice has come through the County Council's own
Gypsy and Romany Traveller Achievement Service which does have contact
with voluntary groups within the community through their role in
accommodating school age children, which suggests that there may be
opportunities to raise awareness and publicise the County Council's policy
towards unauthorised encampments through facilitated workshops with
members of the Gypsy and Romany Traveller community.
In all eighteen consultees responded, eight of which were in full support of the
policy and had no further comments. Lancashire Constabulary submitted most
comments and have read the draft policy in conjunction with its own recently
published policy and these comments have been addressed. The remaining
comments, from District and Parish Councils, include suggested amendments
to improve the clarity of the policy and several have prompted a change to the
policy document, which are presented in Appendix B. Changes include
extending the definition of 'operational or inappropriate land' on which
immediate eviction action will be taken to include school grounds at all times
of the year (and not only in term time), the need to inform Parish councillors
as well as County and District councillors when a decision to evict has been
taken within the area, and to provide a section to the policy offering advice to
the settled community where an unauthorised encampment has been set up
This draft policy has been developed to closely align with the Lancashire
Constabulary's policy for Unauthorised Encampments, whilst acknowledging
that the County Council's own responsibilities are different to those of the
police, and has used therefore made use of the extensive consultation
undertaken by the Police.
Question 3
Could your policy potentially disadvantage particular groups or lead to
incidents of discrimination, harassment or victimisation towards particular
groups of people?
The Policy itself does not change the actions of the County Council but does
formalise how we will respond to unauthorised encampments, establishing a
timeframe for our actions and establishing how we will work with partners. The
policy should not therefore promote any additional disadvantage.
The Policy makes it clear that discrimination, harassment or victimisation
towards travellers is not acceptable and that we will work with partners,
particularly the Police, where any bullying, abuse, discrimination or
intimidation is experienced by any person.
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Question 4
Could your policy potentially lead to incidents of disharmony within and
between communities? E.g. between different sections of communities.
This policy actively seeks to reduce crime and disorder in Lancashire by
establishing a Code of Practice for unauthorised encampments and by
making it clear that harassment and intimidation towards encampments will
not be tolerated. The aim is therefore to reduce the potential for disharmony
between communities.
Question 5
What actions will you take to address any issues raised in your answers
above?
Many of the actions we are taken are outlined above. However, the Policy
also established that we will aim to promote the provision of transit sites to
reduce the numbers of unauthorised encampments, thereby improving
provision for travellers and reducing conflict with the settled community.
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