Unauthorised encampments

Infromation about how we respond when people are camped illegally on council owned land.

Travelling is becoming more widespread within the UK and those groups who chose to travel do so for many reasons, including ethnic beliefs.

Those individuals who travel as part of their ethnic identity are protected from discrimination under the Race Relations Act 1976 and the Race Human Rights Act 1998.

What is an unauthorised encampment

An unauthorised encampment is when an individual or group of individuals move onto a piece of land that they do not own, without the permission of the landowner.

Anyone living on land without the landowners permission is considered to be an unauthorised encampment.

Responsibility for dealing with unauthorised encampments

Unauthorised encampments are a matter of civil trespass between the landowner and the individual(s) illegally camped on the land.

We are only able to remove unauthorised encampments from council owned land.

If the encampment is not on council land the removal of the trespasser is the responsibility of the landowner.

The council may choose to evict individual(s) who are on its land without permission, there is no legal obligation to evict them.

Each case is considered on its own merits.

All sites will be visited and every effort made to keep it tidy.

The process we follow to evict people camping illegally on council owned land

The council must follow a specific procedure when dealing with unauthorised encampments:

• confirm land ownership.
• once the landownership is confirmed, welfare checks are carried out to identify if there are any welfare needs
• if there are no welfare needs the council can serve a 'direction to leave'
• if the encampment remains on the land after the date given on the 'direction to leave' the council will apply to the magistrates court for a possession order.

It usually takes between 10 and 14 working days to complete the eviction process.

This will depend on the circumstances of each individual case and how long it takes to get a court hearing.

Delays to the eviction process

Things which can delay the process:

• if welfare needs are identified
• public holidays
• getting a court date
• bad weather (snow and heavy rain may stop vehicle access)

The court may refuse to grant the eviction

If the court decides:

• there are unavoidable reasons for an unauthorised encampment
• or the council has failed to make adequate enquires about the general health and welfare of the individuals camped illegally

It may refuse to grant the eviction possession order.

After an unauthorised encampment has been moved on

After the unauthorised encampment has been moved on the council will make every effort to clean the site as soon as possible.