Unauthorised Encampments

How the Council and other official agencies work to try to balance the rights of all those involved.

Who do we contact about unauthorised encampments?

Please use our online form or contact us on 0121 704 8000 to report unauthorised campers.

Why do Gypsies/Travellers pursue a travelling lifestyle?

Their way of life means that they travel the country staying for various periods in different locations, in order to earn a living. This has been their way of life for many generations.
The Race Relations Act 1976 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values, protect Gypsies and Travellers from discrimination.

Does the Council have a duty to move unauthorised encampments when they are camped without the landowner's permission?

No. If unauthorised encampments are camped on Council land, we can evict them.
If they are on private land, it is usually the landowner's responsibility. The Government has advised that when unauthorised encampments are not causing a problem, the site may be tolerated.

If unauthorised encampments are 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 Environmental Health, who deal with illegal encampments.

If the landowner fails to take the appropriate action to remove the unauthorised encampment, what will the Council do?

If the landowner is in breach of any planning or license requirements, then we will take proceedings against the landowner to require removal of the illegal encampment.

What can the Council do about unauthorised encampments on Council land?

If the persons involved are causing problems, they will be moved on as soon as is possible and reasonable. We will consider each case on its merits. In all cases, the site is visited and every effort made to make sure that the persons involved 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 unauthorised encampments from their land immediately?

No, we must:

• Show that the persons involved 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 person involved to leave the site.

How long will it take for the unauthorised encampment to be removed?

This will depend upon the circumstances of each individual case. We will need to take account of the issues outlined above as well as how soon we can obtain a Court hearing date.

Can the Court refuse to grant the Council an order to move the persons involved on?

Yes. If there is an unavoidable reason for the persons involved to stay on the site or if the Court believes we have failed to make adequate enquiries regarding the general health and welfare of the persons involved. We 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 persons involved 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 trespassers 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.

If you wish to report an unauthorised encampment please use the online form right.

If you have any question please call us on 0121 704 8000 or email us at connectcc@solihull.gov.uk