Unauthorised encampments

The Council recognises and accepts the rights of travellers/gypsies and also those people on whose land unauthorised camping takes place.  Gypsies and travellers are protected from discrimination by the Equalities Act 2010 and the Human Rights Act 1998

These FAQs explain how the Council and other official agencies will work to try to balance the rights of all those involved.

Does the Council or Police have a duty to move Travellers when they are camped without permission on land not covered by the injunction

• No. The powers given to local authorities and the Police are discretionary and can only be used when certain conditions exist. Failure to comply with both civil and criminal procedures would render the Council and Police liable to successful challenge in the Courts

Can the police move travellers from land they dont own

• The Police may activate their powers under section 61 of the Criminal Justice and Public Order Act 1994 to require gypsies/travellers to leave.The Police are able to activate these powers where they are satisfied that two or more people are trespassing on the land, and the landowner has taken reasonable steps to make them leave In addition, one of the following also has to apply damage has been caused to the land or property, or threatening / abusive / insulting behaviour has been used against the occupier, his family or agent, or the trespassers have six or more vehicles. Any enforcement of section 61 requires considerable resourcing and consideration has to be given to having sufficient police officers available etc., which may in itself take some time to arrange

Can the Council remove unauthorised encampments from their land immediately

• No, where the Council land is not covered by the injunction, the Council must, show that the Gypsies/Travellers are on the land without consent Make enquiries regarding the general health, welfare and children's education. Ensure that the Human Rights Acts 1998 has been fully complied with. Establish ownership of land

How long will it take for the unauthorised encampment 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

What can I do if unauthorised encampments occur on my land

• Firstly talk to them to see if a leaving date can be agreed. If you are not willing to tolerate the encampment any longer, you or your solicitor can go to a Court and obtain an Order granting you possession of your land

What happens if Gypsies/Travellers occupy their own ground without planning permission

• Gypsies and travellers are advised to undertake pre-application discussion with Local Planning Authorities to ascertain whether any proposals they may have for permanent sites are acceptable in land-use planning terms. Where Gypsies purchase land and occupy it without planning permission, whilst this is not in itself an offence, the local planning authority has to consider the land use implications and the undesirable precedent of such development. This can often involve consideration of enforcement action. More often than not, occupation of the land is accompanied by the submission of a retrospective planning application. If the outcome is the refusal of planning permission and a resolution to take enforcement action, there begins a lengthy process of appeals and court proceedings

What if I am content to allow unauthorised camping on my land

• As a landowner you may be in breach of any planning or license requirements, and you should contact us for advice in the first instance. If they are not causing a problem, the Government has asked that consideration be given to tolerating encampments for short periods of time

Do we have any authorised sites in the Borough

• Yes. Warwickshire County Council manages a site for families at the Griff Hollows

How do I complain about unauthorised encampments

• The Council’s Private Sector Housing Team is the first point of contact for complaints about unauthorised encampments on Council land. They will investigate the complaint and instigate legal action, where appropriate

What powers do the Council and the Police have to deal with Travellers

• The powers the Council has are different to the powers the Police have, but both work in close partnership with each other