If you require further information please
contact Environmental Services:
Email:
envhealth@forest-heath.gov.uk
Telephone: 01638 719284
Everyone has rights, including Travellers/Gypsies and people on
whose land unauthorised camping takes place.
Gypsies and Travellers are protected from discrimination by the
Race Relations Act 1976 and the Human Rights Act 1998, together
with all ethnic groups who have a particular culture, language or
values.
The aim of this information is to set out how the Council and other
official agencies will work to try to balance the rights of all
those involved.
Q1.
Why do Gypsies/Travellers pursue a
travelling lifestyle?
Their way of life means that they travel the country staying for
various periods of time in different locations, in order to earn a
living. This has been their way of life for many generations.
Q2. 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.
If they are on private land, it is usually the landowner's
responsibility. The Government has advised that when
Gypsies/Travellers are not causing a problem, the site may be
tolerated.
Q3. If Gypsies/Travellers camp on private land,
what can the landowner do?
- talk to them to see if a leaving date can be agreed.
- take proceedings in the County Court under the Civil Procedure
Rules 1998 to obtain a Court Order for their eviction. There must
be a minimum of two clear days between service of documents and the
Court hearing.
Q4. What
if the landowner decides to let them stay on the land
temporarily?
Unless the landowner has already obtained planning permission for a
caravan site or is a farmer and the Gypsies/Travellers are helping
with fruit picking etc., then the landowner could be in breach of
the Planning Acts and the Acts dealing with the licensing of
caravan sites. You may wish to seek further advice from the
Council regarding illegal encampments.
Q5. 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 to require removal of the illegal encampment.
Q6. 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?
If the Gypsies/Travellers are causing problems they will be moved
on as soon as is possible and reasonable. The Council will consider
each case on its merit.. in most cases the site is visited and
every effort made to make sure that the Gypsies/Travellers keep the
site tidy and minimise public health problems.
Q7. Can
the Council remove Gypsies/Travellers from their land
immediately?
No, 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;
- follow 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.
Q8. 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.
Q9. 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.
Q10.
What can the Police do?
The Police will visit all sites reported to them. 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 in circumstances where it would preclude
welfare considerations from being applied by the civil
courts.
The duty of the Police is to preserve the peace and prevent crime.
Trespass on land by itself is not a criminal offence. Prevention of
Trespass and the removal of trespassers are the responsibilities of
the landowner and not the Police. The Police will investigate all
criminal and Public Order offences.