FAQs
When these families arrive and set up illegal encampments, why can't you just evict them / move them on immediately?
The answer would depend on where the illegal encampment has been set up. Private landowners have different options to move families on than Local Authorities. Local Authorities have a legal duty carry out a number of checks relating to the welfare of the families illegally encamped. These checks look at health, accommodation, education and any other issues relating to the general welfare of the families involved. If these checks are not carried out then Local Authorities cannot legally attempt to take action to move the illegal encampment on. Any decision to move an encampment may be challenged in court. It generally takes two to three weeks to properly assess and meet the welfare needs of an encampment.What powers do local authorities have to move families living on unauthorised encampments?
A Local Authority has two main powers to tackle unauthorised encampments. It can obtain a possession order in the civil courts requiring the removal of trespassers from property, including land and this must be issued by the County Court in whose jurisdiction the property or land is situated. Alternatively, the Criminal Justice and Public Order Act 1994 gives Local Authorities powers to make directions to leave land being used by itinerant groups. Use of either of these powers is dependent upon a welfare assessment of the families needs being carried out.How long does it take to exercise these powers?
The welfare checks can take up to two to three weeks to carry out, more depending on the size of the encampment. If the use of the powers available to Local Authorities is challenged in court, the process can take much longer and if Local Authorities have failed to take into account welfare needs then the powers available to them may not be exercised at all. In such circumstances the encampment can remain until such a time as their needs have been met.Do the police have powers to move families illegally encamped on?
The police have discretionary powers (under Section 61 of the Criminal Justice and Public Order Act 1994) to direct trespassers to leave land if reasonable steps have been taken by or on behalf of the occupier to ask them to leave and there are two or more people intending to reside on the land. Additionally, one of three further conditions must be met.- Any one of those persons has caused damage to the land or to property on the land.
- Use threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his.
- Those persons have between six or more vehicles on the land.
Why doesn’t Durham County Council provide authorised encampments for families?
Durham County Council provides six authorised encampments with 113 pitches in total. This makes up approximately 38% of provision in the North East. Unfortunately, because of a shortage of pitches nationally, between 2,000 and 2,500 it is estimated, many families have nowhere to camp officially and have to camp where it is safe for them to do so. Legally, these people are officially homeless and it becomes the responsibility of the local housing provider to provide suitable accommodation. The local housing providers within county Durham are the District and Borough Councils.Why are families who camp on unauthorised sites allowed to make so much mess when it is illegal for people in houses to do so?
Most families who camp on unauthorised sites leave them clean and tidy. Only a small minority of encampments leave large amounts of waste. The county has a far bigger problem with fly tipping which is the responsibility of people who live in houses than it has with the waste from unauthorised encampments.What does the County Council intend to do to prevent such encampments occurring in the future?
The County Council recognises that unauthorised encampments are bound to occur due to the scale of the lack of authorised sites and pitches at a national level. At present, the County Council is looking at what it can do at a local level to deal with this national problem. It is trying to balance the needs of the families who are forced to camp on unauthorised sites and the needs of those who live in houses. This isn’t easy and it requires both communities to understand the problems each of these face and until the problem is solved nationally, the County Council will have to try to find solutions that satisfy both communities as far as it possibly can.Is there any increase in crime locally when there is a family encamped?
Although the general perception is that crime increases, when there is a stopover, the police have stated clearly that this is not the case. The vast majority of families who stopover are law abiding.Can fines be imposed for depositing waste material?
Fines can be imposed for the depositing of waste, but this is the responsibility of the local district Council.It is alleged that some of the families who regularly camp in County Durham are not homeless, but homeowners who use their caravans for weekends or short stays just as we might go away to a camp site for the weekend? For them it cannot be the local housing provider's responsibility to provide suitable accommodation, which is the issue that seems to bring into play the necessity of a welfare assessment?
It is true that some families who camp in Durham may live in housing accommodation most of the time. However, it would be wrong to compare these families to people who go to a campsite for the weekend. Firstly, these families belong to a recognised ethnic minority Race Relations (Amendment) Act 2000 (on the Office of Public Sector Information website), and it is part of their culture to live a nomadic lifestyle for at least some of the year. Secondly, although many families live in a house for some of the year for many of them this is because of the lack of suitable accommodation on authorised sites as there is a national shortfall in terms of site provision. Thirdly, the only way to confirm whether these families have housing to go back to, is to carry out a welfare assessment. The whole point of a welfare assessment is to find out the welfare needs of the families, and this assessment is not confined to housing matters
Does the perception that the problem of unauthorised camping is un-resolvable, influence the approach taken by the Police and Durham County Council?
Furthermore, do all the authorities tend to minimise the issue, for fear of being accused of harassing a minority?
It is a mistake to view the issue as an un-resolvable problem. The main difficulty experienced by the families who camp in County Durham is the lack of suitable safe accommodation whether it is an official site or some other safe stopping place. Durham County Council is currently looking at how it meets these accommodation needs. In the meantime, the County Council, police and all responsible bodies have a duty to acknowledge that simply resorting to eviction procedures cannot solve the problem, as effectively it only moves the problem somewhere else. There is no question of any of the authorities minimising the issue for fear of being accused of harassing a minority. These families have to stay somewhere whether they live in houses and only travel some of the time or they live on the road on a permanent basis. Those who believe that the solution is to be found by immediately moving these families on are the ones who trivialise the issue.For further information or advise please email the Travellers Liaison Service.
Useful Links
Travellers Liaison ServiceTravellers Liaison Service - Building Bridges- Breaking Down Barriers!
Travellers Liaison Service - Statement of Intent
Travellers Liaison Service - Policy
Gypsies & Travellers in County Durham - Responsibilities
Learning Support - EMTAS Resources
