Gypsy and Traveller Toleration Policy - North Devon District Council

Gypsy and Traveller
Toleration Policy
Approved by Council on 14 th March 2008
Review & SMT Approval in May 2011
1

TOLERATION POLICY - UNAUTHORISED ENCAMPMENTS ON LAND
OWNED BY NORTH DEVON COUNCIL
Policy of North Devon Council, for dealing with unauthorised
encampments on North Devon Council’s land.
1 Introduction
1.1 This policy has been drawn up to take into account the guidance given in
‘Managing Unauthorised Camping - A Good Practice Guide’. It takes into
account the Council’s responsibilities under the Human Rights Act and is
intended to help facilitate a co-ordinated approach between North Devon
Council, Devon County Council, Devon and Cornwall Constabulary,
other public bodies and local landowners.
2 Purpose
2.1 This policy recognises that Gypsies and Travellers lead a nomadic
lifestyle and that encampments will materialise in the district from time to
time. The justification for this policy is to ensure that the rights of both
the travelling and the settled communities are respected
2.2 By way of definition, the term “unauthorised encampment” shall be the
same as that stated in the ODPM’s guidance. Unauthorised
encampments: term restricted to encampments of caravans and/or other
vehicles on land without the landowner or occupier’s consent and
constituting trespass.
2.3 If an encampment gives rise to public nuisance and/or disorder, there is
a need to consider the use of statutory powers of eviction/prosecution to
maintain public order. This policy also acknowledges that, in order not to
breach Article 3 of the ECHR, any such powers should be used in a
humane and compassionate fashion.
2.4 Each case must be treated on its merits with the safety of all concerned,
including the Gypsies or Travellers and the potential for disorder or
disruption as a major guiding factor, balanced against the needs of the
occupiers of the land.
3 Powers Available
3.1 The law provides for a range of possible responses to trespass. In
simple cases, the landowner may apply for an order of repossession. In
more complex cases the local authority can use its powers, but, where
there are aggravating factors of crime and disorder, the police can
exercise the powers given under Section 61 of the Criminal Justice and
Public Order Act 1994. Each case must be treated on its merits with the
safety of all concerned, including the Gypsies or Travellers, and the
potential for disorder or disruption as major guiding factors, balanced
against the needs of the occupier of the land.
2

3.2 The powers available for dealing with an unauthorised encampment are
as follows:
a) Landowners’ Powers
Individual landowners may take civil legal action to obtain possession of
their land under Part 55 of the Civil Procedure Rules.
b) Local Authority Powers
(i)
(ii)
Section 77 to 79 of the Criminal Justice and Public Order Act
1994;
Part 55 of Civil Procedure Rules 1998 (though the accelerated
procedure is not available for open land)
c) Police Powers
Section 61 and 62 of the Criminal Justice and Public Order Act 1994.
4 Procedures
4.1 Local Authority
a. If appropriate, details of the landowner should be obtained,
together with the necessary consent to take action and enter the
land.
b. The necessary welfare enquiries must be made using the proforma
(appendix C) for collecting information on unauthorised
encampments.
c. There must be liaison with the Police in regard to the eviction or
what toleration period would be reasonable. This is a decision
which will have to be made in each case on its own merits and in
accordance with the points outlined in Appendix B. All reasons for
decisions made must be documented. The reasons should then be
given in writing to the Gypsies or Travellers. It is essential that all
documents served are read out to those present.
d. The provision of services in the interests of health and hygiene
must be considered. This may include refuse collection, toilets and
a water supply. The cost of any services provided should be met by
the Gypsies and Travellers and paid for as or before they receive
them.
e. Towing equipment and personnel should be arranged if required,
the costs of which must be borne by the landowner.
3

4.2 Devon and Cornwall Constabulary Police
In the following situations, and where appropriate in consultation with
local authorities, the Police may decide to use their powers under
Section 61 of the Criminal Justice and Public Order Act 1994. All
reasons for the decisions made must be documented.
a. Where two or more persons are trespassing on land and are
present with the intention of residing there for a period, and
reasonable steps have been taken to ask them to leave, persons
may be directed to leave the land and remove any vehicles if any of
them have caused damage to the land or to property on the land or
have used threatening, abusive or insulting words or behaviour to
the occupier.
b. Where persons between them have six or more vehicles on the
land.
Section 61 confers a power not a duty. The exercise of this power is an
operational decision for the officer in charge of the incident, who should
consider whether any decision is:-
Legally sustainable;
Accountable/Achievable;
Reasonable and proportionate; and
Necessary:
5 Toleration Period
Having regard to the information gathered whilst considering Appendices
B & C, encampments will usually be given a toleration period during
which they will be allowed to stay on the site. During this period, the
following points should be noted:
a. Encampments should be kept under review to determine whether
the toleration criteria are still being met. Visits by the local authority
should be regular, but not at a frequency or time to suggest
harassment. Similarly, complaints should be kept under review.
b. The Gypsies or Travellers should be given a copy of the guidelines
(appendix A) and advised that deteriorating conditions or a breach
of the guidelines will lead to a decision to start eviction
proceedings.
4

6 Complaints
6.1 If a member of the public wishes to complain about any action taken by
the Council, they should be informed to make their complaint in writing,
by email, telephone, website or personally at one of our council offices.
6.2 If a member of the public wishes to complain about any action taken by
a police officer, they should make their complaint personally at any
police station.
5

Appendix A
UNAUTHORISED ENCAMPMENT TOLERATION GUIDELINES
GUIDANCE FOR GYPSIES AND TRAVELLERS
The stay on this land depends upon all Gypsies and Travellers complying with the
following toleration criteria:
• Size and parking – 6 homes is the total number of homes that will be tolerated
at any one time and must park as directed by the Council.
• Hygiene - there must be no fouling on or in the vicinity of the site. Gypsies and
Travellers will be required to detail how they will dispose of foul (human) waste.
• Rubbish - no domestic or trade refuse to be dumped or burnt on or in the
vicinity of the site.
• Traders will be required to provide their waste carriers licence and detail how
they will be disposing of trade waste.
• Behaviour - intimidatory or noisy behaviour, if substantiated will not be
tolerated.
• Animals - dogs and horses must be kept under control and must not cause a
nuisance or danger.
• Damage - no damage to property or environment will be tolerated.
• Highways/Footpaths - vehicles should be parked safely, any reported or
suspected complaints will be passed to the appropriate authority.
• Criminal Activity - all allegations of crime will be reported to the Police who will
advise about eviction.
• Land Use - Encampments will not be tolerated where land is designated for
specific public use such as playing fields, car parks or other sensitive sites.
• Re-circulation - Gypsies and Travellers will not normally be allowed to move
from site to site within the district, nor will they be able to return to a site within
6 months.
Gypsies and Travellers will not be tolerated or be able to use the Seven Brethren Site
(near the leisure centre) from two weeks before, during or just after the fair, a circus
or other third party has contracted the site. These times are subject to change.
Gypsies and Travellers will be notified of the times when advised of the length of time
for which they will be tolerated.
If the above are adhered to, in most cases, North Devon Council will allow a period of
toleration about which you will be advised. Failure to adhere to these guidelines will
result in consideration being given to eviction proceedings. Failure to leave on the
requisite date will result in an immediate application for eviction.
6

Appendix B
CONSIDERATIONS FOR EVICTION
GUIDANCE FOR LOCAL AUTHORITY
In considering how to deal with an unauthorised encampment the local
authority together with the Police will consider the evidence obtained from the
proforma together with the interest of the local community. The following
points should be considered when making a decision as to whether eviction
proceedings should be undertaken:
• Is the land needed for use by the authority or the general public
• Is the presence of trespassers detrimental to the use of adjoining land
• Is the encampment creating a hazard to road safety
• Are public services such as gas, electricity, water or telecommunications
at risk of damage, interruption, loss or contamination
• Is there a danger to public or personal safety or the environment
• Is the land or any property at risk from damage as a result of the
trespass
• Is the encampment creating an intolerable impact on the employment,
use or habitation of adjoining or nearby property
• Is the encampment too large for its location
• Has advice been received from the Police, which suggests that alleged
criminal activity is taking place
• Have the Gypsies or Travellers given any false information
• Has the group been in the district before, if so, when and what condition
did they leave the site in
• Is the encampment a continuation of a previous occupation of the site
• If they have stayed previously was it in the last 6 months
• Are the Gypsies or Travellers breaking any of the toleration guidelines as
set out in Appendix A
If the answer is yes to any of these questions then the likelihood is that action
will be taken to evict the Gypsies or Travellers.
7

Appendix C
Unauthorised Encampment Information Sheet
Family Name
Vehicle registration number(s)
Number of Caravans
Number of people in family group
Location of the encampment
Date of Arrival/Notification
What is the occupation of the Gypsies or
Travellers
Is this likely to give rise to a nuisance
Waste Carriers Licence Number/checked
Are any of the Gypsies or Travellers receiving
medical treatment from a GP or Hospital
Are there any children receiving education
locally
Are any of the Gypsies or Travellers receiving
support from Social Services for any reason
Are there any Environmental Health issues
(rubbish/health hazards/presence of animals)
Is a Refuse collection required And has this
been organised
Are the Gypsies or Travellers known to the
Council
Have they caused any nuisance/public health
problems previously
Are there any vehicles that cannot be moved
Are there any special circumstances as to why
they must remain
Intended length of stay
What steps are being taken to resolve any
problems
Other information
Decision
Are they being tolerated
How long have the Gypsies or Travellers been
given to remain
Officer(s) making decision
Date of notification to Gypsies or Travellers
Any amended dates
Reason for amendment
Officer(s) making decision
Date eviction proceedings commenced
Officer(s)/reason for eviction
8