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GUIDELINES FOR MANAGING UNAUTHORISED CAMPING BY GYPSIES/TRAVELLERS

CHAPTER 4 MAKING DECISIONS AND TAKING ACTION

50. This section deals with some of the considerations to be borne in mind by local authorities, police and others when making decisions about how to deal with unauthorised encampments as they occur. Its aim is to help make clear consistent decisions that will withstand challenge and that will help ensure a balance is struck between the needs of all parties.

A POLICY STATEMENT

51. A policy statement should set out

• To whom the term Gypsy/Traveller relates
• the responsibilities of different authorities and agencies
• alternative courses of action
• characteristics of encampments that would trigger removal
• standards of behaviour expected on the encampment site
• the circumstances in which a local authority might provide rubbish collection services, water supply or toilets to an encampment.

UNACCEPTABLE ENCAMPMENT LOCATIONS

52. Where there are insufficient authorised sites (either short-stay or permanent), it is recognised that some unauthorised camping will continue. Even where such authorised provision is sufficient, unauthorised camping may still occur. However, there are locations where encampments will not be acceptable under any circumstances (because of traffic hazards, public health risks, environmental damage etc). These should be identified and communicated to everyone involved. This might include:

• A Site of Special Scientific Interest
• A site where pollution could damage water courses/water supply
• an area with toxic waste or serious ground pollution
• the verge of a busy road where traffic would be a danger to campers’ children
• proximity to a railway line

WELFARE ENQUIRIES

53. Local authorities may have obligations towards members of an encampment under other legislation (regarding homelessness, children and education). Some form of welfare enquiry is necessary to identify whether needs exist and the local authority should liaise with other services that might have responsibilities towards the campers’ families. Any particular welfare needs of the campers are material in reaching a balanced and appropriate decision about action to be taken in respect of an unauthorised encampment. The authority should be able to demonstrate that they have taken any welfare needs into consideration prior to making a decision to evict.
54. Wherever possible, an initial visit should be made to a new encampment within 24 hours of the authority becoming aware of it. This will allow the authority to gather basic information on its location, size, families and vehicles involved, anticipated length of stay and the reason for the stay. Relevant guidance and advice can also be distributed. Initial information can also be collected on a perceived welfare, health or educational needs and this will be the starting point for liaison with other relevant departments. Officers should also note the state of the camp in terms of any damage, rubbish accumulation etc as this will form the baseline from which subsequent behaviour can be monitored. The relevant police force should also be notified.
55. This visit will provide an opportunity for giving information to the Gypsies/Travellers about the standard of behaviour expected of them; what is going to happen next; what procedures the police and the authority are likely to follow and the implications for the campers; names and contact details for local services and sources of advice.
56. All information given and received should be clearly recorded as this will help form the basis of an audit trail for subsequent decisions if they are challenged. Local authorities have no power to insist that information is given and should be aware that any information gathered is subject to data protection legislation.
57. Local authorities should take sensible precautions to ensure the safety of their officers when visiting encampments. Site visits should be risk-assessed for health and safety issues and, where necessary, the officer should be accompanied by other local authority personnel or by a police officer.

REACHING A DECISION

58. Decisions about what action to take about an unauthorised encampment should be made in the light of information gathered and should be proper (in line with local policy and procedures); reasonable (in the light of the evidence available); balanced (taking into account the needs of the Gypsies/Travellers and the settled population) and proportionate (taking into account the nature of the location and the needs/behaviour of the campers).
59. Good practice suggests that welfare needs should be taken into account when considering removal from an unauthorised encampment and, if necessary, an authority should delay any removal where these welfare needs are acute or immediate.
60. Responsibility for reaching a decision should be clearly identified within the agreed policies and procedures. This may be made by an authorising officer or by a case conference/joint site visit in difficult cases. A decision to pro-actively manage an encampment for a period should be kept under review, as circumstances can change.
61. All decisions (whether to remove an encampment or to allow it to remain for a period) must be fully recorded and documented. Records should be kept of damage, nuisance, complaints (and the validity of these). These records can provide invaluable information on the number and nature of unauthorised encampments, in the immediate and neighbouring authorities, and can be useful in assessing the need for further site provision.

PREPARING FOR REMOVAL

62. Although there is a general presumption against prosecution for unauthorised camping by Gypsies/Travellers, this presumption may be over-ridden by public interest considerations, depending on the circumstances. Circumstances that may give rise to considering a prosecution option are likely to be:

• Where a suitable alternative site has been identified and the Gypsies/Travellers have refused to re-locate within a reasonable time
• Where the use or size of a particular site causes a road safety or public health hazard
• Where the same Gypsies/Travellers have been repeatedly moved from the same site only to return

63. Once a decision has been made to remove an authorised camp, the aims should be to act quickly and efficiently; to use the most appropriate powers and to ensure that policies and procedures are properly followed.
64. The local authority is seen as the lead agency in the management of unauthorised encampments including removals. The circumstances when removal will be deemed appropriate will be rare. However a range of civil and criminal powers granted by various statutes are available, most notably section 61 of the Criminal Justice and Public Order Act 1994, but also a range of other statutes relating to trespass and the roads. A summary of this legislative framework is set out in more detail in Annex B.
65. Whilst the prevention of crime and the maintenance of good order and community safety are vital all relevant agencies must have due regard to humanitarian issues and act in a way that is culturally sensitive, promotes equality of opportunity and good race relations. Accordingly Annex B also provides some of the main features of the European Convention on Human Rights (ECHR), as well as key sections of the Race Relations and Human Rights Acts.
66. ACPOS operating guidance (see Annex C) will provide information on police powers and circumstances relating to forced removals.

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