Gypsy and Traveller Sites
Introduction
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.
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.
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.
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.
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 Environmental Health section
or Planning Department who deal with illegal encampments and
unauthorised use of land.
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.
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 merits. 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.
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.
What happens if the gypsies/travellers have moved onto land
which they have bought?
The gypsies/travellers would then enjoy the
same rights under the Planning Legislation as anyone else.
They would be entitled to submit a planning application, lodge an
appeal if planning permission is refused and, under certain
circumstances take the issue to the High Court.
Councils do have enforcement powers to deal with any unauthorised
use of land, but again the enforcement procedures allow a right of
Appeal. The Human Rights Act is again a consideration when
dealing with the use of land by gypsies/travellers.
The Councils Enforcement Section should be alerted as soon as
possible if there is evidence of any unauthorised use
commencing.
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. 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
tresassory 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.
Contact Us
Wyre Forest District Council
Planning and Regulatory Services Directorate
Duke House, Clensmore Street, Kidderminster, Worcs. DY10 2JX
Tel: 01562 732928 (Enforcement)
01562 732522 Fax: 01562 732556
Email:
mailto:planning.admin@wyreforestdc.gov.uk
Worcestershire County Council
County Hall, Spetchley Road, Worcester, WR5 2NP
Tel: 01905 763763
Fax: 01905 763000
Website:
http://www.worcestershire.gov.uk/
North Worcestershire Division Headquarters
Police Station, Habberley Road, Kidderminster, Worcs. DY11
6AN
Tel: 08457 444888
Website:
http://www.westmercia.police.uk/