Unauthorised Gypsy/Traveller Encampments
Why do Gypsies/Travellers make unauthorised encampments?
Their way of life means that they travel the country staying for various
periods in different locations in order to earn a living. In most cases it
has been a way of life for generations and historical records show they
were around in Elizabethan times.
Advise for landowners – link to pages below (2 - 4)
Advise for residents – link to pages below (5 & 6)
If on City Council land…
… refer to Property Services and Helen Reed
If on highway…
… refer to County Council Highways, County Council Traveller Liaison
Officer and Helen Reed
If on private land…
… refer to Environmental Protection(where nuisance has occurred) and
Helen Reed
Advice for landowners
Does the council have a duty to move Gypsies/Travellers when they are
camped without the landowner's permission?
No. If Gypsies/Travellers are camped on Council land, the council can
evict them, but if the encampment is on private land, it is usually the
landowner's responsibility.
What do I do if Gypsies/Travellers come to my land?
The first thing to do is to talk to the Gypsies/Travellers to make it clear
that this is actually your land. Ask why they are there, and how long
they are hoping to stay. Assess if they are causing a disturbance. If the
encampment has spread onto a Right of Way or Highway, you should
contact Cambridgeshire County Council. It is a good idea to inform
your solicitor of the situation and to ask about likely legal costs.
What if the Gypsies/Travellers won’t talk to me?
Most Gypsy and Traveller families welcome the opportunity to speak to
other members of the community. Bear in mind though that Travellers
face a lot of intolerance and racism and may be cautious at first about
talking openly. If you feel negotiations are not going well, leave
discussion be for the time being and seek advice from your solicitor.
If there aren't any problems, is it ok to let them stay?
Some landowners are happy to let small groups stay where good
relations are established early and there are no major problems. Some
welcome the contribution Gypsy and Traveller culture makes to trade
and community life - even if just for a short time. Long-term occupation
will require planning permission.
What if I need to reclaim possession of my land?
Your solicitor will most likely advise that possession be sought in the
Civil Courts under Part 55 of the Civil Procedure Rules. This will
involve:
- Asking trespassers to leave (landowners responsibility)
- Issuing and serving a court summons
- Seeking a possession order in court
- Serving the possession order, and, if necessary
- Executing a warrant for possession with County Court Bailiffs
Usually, once an order is served, Gypsies/Travellers will vacate
independently. You can engage private bailiffs to remove unauthorised
occupiers without a possession order in some cases.
Please note that when proceedings are undertaken in the County Court
under the Civil Procedure Rules 1998 to obtain a Court Order for
eviction, there must be a minimum of two clear days between service
of documents and the Court hearing.
What will this cost me?
Your solicitor will charge their own fees, so check costs first. Disposing
of rubbish will be at your own cost but Refuse and Environment Service
can offer you a quote for the work if you prefer.
What can the Police do?
The Police will visit all sites reported to them but trespass is a civil
offence and not a criminal offence. Prevention of Trespass and the
removal of trespassers are the responsibilities of the landowner and
not the Police. Cambridgeshire Police carefully assess each incident of
unauthorised camping and, under Department for Communities and
Local Government and Home Office guidelines, act proportionately.
The Police have powers to move Gypsies/Travellers off land where
criminal activity by Gypsies/Travellers can be established - just as
crime committed by settled people has to be proven. Police also have
discretionary powers to direct Travellers off land where group
behaviour goes against the Criminal Justice and Public Order Act
1994. In certain circumstances (for example, where the
Gypsies/Travellers have with them six or more vehicles), officers may
use powers under Section 61 of the Criminal Justice and Public Order
Act 1994. These powers will only be used in situations of serious
criminality or public disorder not capable of being addressed by normal
criminal legislation and in which the trespassory occupation of the land
is a relevant factor.
The Police are bound by the Human Rights Act and may be
constrained to avoid using Section 61 of the Criminal Justice and
Public Order Act 1994 in circumstances where it would preclude
welfare considerations from being applied by the civil courts.
If the landowner fails to take the appropriate action to remove the
Gypsies/Travellers, what will the Council do?
If the landowner is in breach of any planning or license requirements,
then the Council will take proceedings against the landowner that
require removal of the unauthorised encampment.
I own the land, what can I do to stop Gypsies/Travellers camping on it?
Gypsies/Travellers have to be able to pull caravans onto the site, any
of the following works will help to make this difficult:
- Ploughing the land so vehicles sink in
- Digging ditches and/or making earth embankments
- Reducing access width and/or headroom by the use of barriers
- Placing securely locked gates across the entrance
- Using the land for some purpose that makes it unsuitable to
live on
Advice for residents
What happens when Gypsies and Travellers visit the neighbourhood?
Most of the time, Gypsies and Travellers like to keep themselves to
themselves. In some situations (such as a wedding or a funeral, if a
relative is in hospital, or if they have broken down), they may have to
stop closer to residential areas.
Each case is taken on its own merit following Department for
Communities and Local Government guidelines.
I have seen Gypsies/Travellers camping on the side of the road and
sometimes on parks or other Council-owned land, what can the Council
do in these cases?
The Council will consider each case individually. In all cases the site is
visited and every effort made to make sure that the Gypsies/Travellers
keep the site clean and tidy. This sometimes means that refuse
collection facilities may be provided for this purpose.
We cannot remove unauthorised encampments from their land
immediately, and must act according to national legislation and
guidelines by:
- Showing that the Gypsies/Travellers are on the land without
consent
- Making enquiries regarding the general health, welfare and
children's education
- Ensuring that the Human Rights Acts 1998 has been fully
complied with
- Following a set procedure in terms of proving ownership of
land and details of the illegal encampment that will enable them
to successfully obtain the necessary authority from the Courts to
order the Gypsies/Travellers to leave the site.
It is possible that the land may be owned by the County Council, if so it
would be their responsibility to remove the Gypsies/Travellers from
their land.
What should I do if I suspect that an encampment is unauthorised?
We can pass information on to the Traveller Liaison Officer (Helen
Reed), however the Council can only take enforcement action when an
unauthorised encampment is on City Council-owned land but we will
notify other landowners and advise them on their rights and
responsibilities where necessary.
How long will it take for the Gypsies/Travellers to be removed?
This will depend upon the circumstances of each individual case. The
Council will need to take account of the issues outlined above as well
as how soon they can obtain a Court hearing date.
Can the Court refuse to grant the Council an order to move
Gypsies/Travellers on?
Yes. If there is an unavoidable reason for the Gypsies/Travellers to
stay on the site, or if the Court believes that the Council have failed to
make adequate enquiries regarding the general health and welfare of
the Gypsies/Travellers. The Council must try to find out this information
before going to Court.
What can the Police do?
The Police will visit all sites reported to them but trespass is a civil
offence and not a criminal offence. Prevention of Trespass and the
removal of trespassers are the responsibilities of the landowner and
not the Police. Cambridgeshire Police carefully assess each incident of
unauthorised camping and, under Department for Communities and
Local Government and Home Office guidelines, act proportionately.
The Police have powers to move Gypsies/Travellers off land where
criminal activity by Gypsies/Travellers can be established - just as
crime committed by settled people has to be proven. Police also have
discretionary powers to direct Travellers off land where group
behaviour goes against the Criminal Justice and Public Order Act
1994.
In certain circumstances (for example, where the Gypsies/Travellers
have with them six or more vehicles), officers may use powers under
Section 61 of the Criminal Justice and Public Order Act 1994. These
powers will only be used in situations of serious criminality or public
disorder not capable of being addressed by normal criminal legislation
and in which the trespassory occupation of the land is a relevant factor.
The Police are bound by the Human Rights Act and may be
constrained to avoid using Section 61 of the Criminal Justice and
Public Order Act 1994 in circumstances where it would preclude
welfare considerations from being applied by the civil courts.