Do the Council or Police have a duty to move UE on when they are camped without the landowner's permission?
No. The powers given to local authorities and the police are discretionary and can only be used when certain conditions exist. This leaflet briefly sets out those conditions and what you should expect of the Council and Police. These agencies do use their powers but have to ensure that the powe ...
- I have seen a UE on the side of the road and on Council land. What can the Council do?
If the Gypsies/Travellers are causing a problem, they will be moved on as soon as reasonably possible. If they are not causing a problem, the Government has asked that the consideration be given to tolerating the encampment for short periods of time. Each case is considered on its own merits. I ...
- I own land and want to know what I can do to stop UE on it?
Prevention of trespass is the responsibility of the landowner, not the Council or the Police. If you do not want to tolerate encampments for short stays, then you should consider whether any physical steps can be taken to prevent access on to your land.
- What about criminal activity associated with some UE?
Most Gypsies and Travellers are law-abiding citizens. The anti-social and criminal aspects of the local Gypsy/Traveller community relate to a small minority. Often the efforts of the Police to deal with and detect related offences, are hindered by an unwillingness of people to come forward and ...
- What about the rubbish left by some UE?
Local authorities, the Police and the Environment Agency are seeking ways of using existing legislation to deal with these anti-social and often expensive problems. Private land owners are responsible for the removal of waste if on their land. Certain waste requires special treatment. If in dou ...
- What can I do if UE occur on my land?
If you are not willing to tolerate the encampment for a short period, you or your solicitor can go to a county court and obtain an order granting you possession of the land. Further details can be obtained by contacting the local county court. Alternatively, you can log onto their website www.c ...
- What do Councils (KCC, Medway, Districts) do to stop UE re-occuring on Council land?
Some councils have carried out works to protect a number of vulnerable and unsuitable council owned sites, and continue to protect other unsuitable sites as they are identified. Councils are continually trying to establish closer links with other agencies to ensure that any problems relating to ...
- What if I am content to allow UE to remain on my land?
In the first instance, call your local District Council for guidance, as you may be in breach of planning and other regulations. However, Central Government does encourage toleration of Unauthorised Encampments when no nuisance or anti-social behaviour is occurring.
- What is Section 61?
Section 61 can only be applied by the Police. It can apply when two or more people are trespassing on land to reside there and the landowner has taken reasonable steps to require them to leave (and they have failed to do so). In addition, one of the following also has to apply: Damage has been ...
- What is Section 77?
This is the power used by the Council where Unauthorised Encampers move onto its land with the purpose of residing there in vehicles. Section 77 allows the Council to require the Unauthorised Encampers to leave, if appropriate. In addition, council officers can require the Unauthorised Encamper ...
- When do the Police consider using Section 61?
The local Police will consider using their powers in the following situations: When there is disruption to local business, schools or hospitals.Where significant damage has been caused to the property e.g. forced entry.Where there is evidence of arrestable offences being committed by the trespa ...
- When will the authorities move UE on?
The main legislation relating to unauthorised camping is Sections 61 and 77 of the Criminal Justice and Public Order Act 1994. That legislation is bound by various interpretations from the courts and guidance notes from Government. These guidance notes do not allow or tolerate anti-social or cr ...
- Why do some Gypsies/Travellers make UE in Kent?
The nomadic lifestyle of ethnic Gypsies is legally recognised. Other people that choose a nomadic lifestyle enjoy the freedom to choose that lifestyle. Provided Gypsies/Travellers do not cause nuisance or anti-social behaviour, and if other factors allow it, we aim to tolerate encampments for a ...
- Why do some Gypsies/Travellers travel in Kent?
Kent is crossed by the major motorways M25, M20, M2 and M26. Many Gypsies/Travellers find work here including tree felling and pruning, laying tarmac, roofing, gardening and other general building or clearance work.
- Why don't the Police get involved with trespass?
Trespass on its own is not a criminal offence (i.e. an offence for which the Police have any powers), it is a civil matter. However, each unauthorised encampment is closely monitored and all circumstances surrounding the actions of those on the encampment are taken into account when the use of ...
