|
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.
Quick links:
- Why do Gypsies/Travellers pursue a travelling lifestyle?,
- Working in partnership,
- Suffolk Protocol for Managing Unauthorised Encampments,
- Does the Council have a duty to move Gypsies/Travellers when they are camped without the landowner's permission?,
- If Gypsies/Travellers camp on private land, what can the landowner do?,
- What if the landowner decides to let them stay on the land temporarily?,
- If the landowner fails to take the appropriate action to remove the Gypsies/Travellers, what will the Council do?,
- 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?,
- Can the Council remove Gypsies/Travellers from its land immediately?,
- How long will it take for the Gypsies/Travellers to be removed?,
- Can the Court refuse to grant the Council an order to move Gypsies/Travellers on?,
- What can the Police do?.
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.
All local authorities in Suffolk including the police, Primary Care Trust and Children and Young People's Services are working together to co-ordinate improved services for Gypsies and Travellers in Suffolk, whilst balancing the needs of the settled communities.
A countywide Gypsy and Traveller steering group has been established since 2006. This group meets quarterly with its main aim to ensure the statutory, voluntary and county sector can respond effectively to the welfare of Gypsies and Travellers.
Suffolk Protocol for Managing Unauthorised Encampments
Suffolk has developed a protocol for managing unauthorised encampments (PDF, 1.58Mb) to:
- address the need for effective management of unauthorised Gypsy and Traveller encampments whilst ensuring the rights of both the Gypsy and Traveller and settled community are met;
- make sure the county, district and borough councils are working together with all the agencies to meet the needs of Gypsies, Travellers and the settled communities
Babergh will follow the guidance in this protocol when dealing with unauthorised encampments.
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.
- 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.
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's Environmental Protection section, which deals with unauthorised encampments.
If the landowner is in breach of any planning or license requirements, then the Council will consider each case on its merits and may take proceedings against the landowner to require removal of the unauthorised encampment.
The Council will consider each case on its merits and if it determines that the Gypsies/Travellers are causing significant problems they will be moved on as soon as is possible and reasonable. In all cases the site is visited and every effort made to make sure that the Gypsies/Travellers keep the site tidy and do not cause public health problems. This sometimes means that refuse collection facilities may be provided for this purpose.
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 unauthorised encampment that will enable them to
- successfully obtain the necessary authority from the Courts to order the Gypsies/Travellers to leave the site.
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.
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.
The Police will usually visit 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.
For further information, see Suffolk County Council's Gypsies and Travellers webpage
|