Unauthorised Encampments

A document to answer your frequently-asked questions

This document is designed for anyone who has questions about unauthorised encampments within Kent . Various people live in caravans, mobile homes or vehicles on land they do not own, and without the agreement of the owner. Most are Gypsies or Travellers.

Some travel long distances from their home base; some only move locally. Some are working as they travel, some are not. Some have lived all their lives on the road. Some cause difficulties to others, as they travel. Some do not.

A few cause great difficulties to other people, out of all proportion to their numbers. All should be judged by how they behave towards landowners and others, not by a stereotype or single view that others may have of Gypsies or Travellers generally.

Whatever the past history and tradition, encamping on someone's land without their consent is unlawful in itself. In certain circumstances, it is not just a breach of civil law, but also criminal law.

Public authorities in Kent are landowners themselves, manage land and must consider the rights and responsibilities of everyone living in the county. Public authorities have a duty to inform and assist everyone, as best they can. This leaflet is designed for everyone living in, or travelling through, Kent .

Why do some Gypsies/Travellers make unauthorised encampments?

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.

Whilst the subject is current and emotive in Kent , Gypsies/Travellers have a basic right to this way of life providing that they do not cause nuisance or anti-social behaviour. This has to be balanced with the rights of the public quietly to enjoy private and public land.

Does the Council or Police have a duty to move Gypsies/Travellers when they are camped without the landowner's permission?

No. The powers given to Local Authorities and the Police Service are discretionary and can only be used when certain conditions exist. This leaflet 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 powers are used lawfully.

Failure to comply with both civil and criminal procedures would render Council and Police Officers liable to successful challenge in the Courts, proving very costly, and could potentially result in the temporary loss of those powers

The duty of the Police is to preserve the peace and prevent crime. Trespass on land, by itself is not a crime - it is a civil matter. Prevention of trespass is the responsibility of the landowner, not the Council or Police

Aren't all Gypsies/Travellers just roving criminals?

No. As in any community, the behaviour of the whole group can be marred by the actions of the few. The anti-social and criminal aspects of the local Gypsy/Traveller Community relate to a small minority.

However, often the efforts of the Police to deal with and detect related offences are hindered by an unwillingness of people to come forward and offer the evidence needed to arrest or summons offenders. Very often, Gypsies /Travellers become the object of unfounded criminal complaints and the Police have to ensure that the levels of proof are maintained equally for all.

The Police will and do deal with crime committed by Gypsies/Travellers when there is a complaint and evidence to support it, but as with any criminal behaviour action taken by police must be justified, appropriate, proportionate, auditable, and necessary, as set out in the Human Rights Act 1998.  

When will the authorities move Gypsies/Travellers from unauthorised encampments?

The main legislation relating to unauthorised camping by Gypsies/Travellers is Section 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 the Government. These guidance notes do not allow or tolerate anti-social or criminal behaviour and such behaviour actually speeds up the processes of the Police and Council in using the powers.

What is Section 77?

This is the power used by the Council where Gypsies/Travellers move onto its land with the purpose of residing there in vehicles.

Section 77 allows the Council to require the Gypsies/Travellers to leave, if appropriate. In addition, the Council Officers can require the Gypsies/Travellers to remove their vehicles and property.

It becomes an offence (with no power of arrest) for the Gypsies/Travellers if they fail to leave the land and remove their property within a reasonable time, or if they return to that land within three months.

Special consideration exists for Gypsies/Travellers who have an illness, an emergency or a vehicle breakdown. Local Authorities have responsibilities to make welfare enquiries and to take account of considerations of common humanity whatever the powers used. All decisions by public bodies must be 'proportionate' and accord with the Human Rights Act

Having made a requirement as above, under Section 77, if the Gypsies/Travellers fail to comply with the direction to leave, the Council can apply to the Magistrates' Court under Section 78 of the Act to make a Court Order for the Gypsies/Travellers to leave with their vehicles.

If such an Order is granted, it authorises Council Officers to enter the land and remove the property (caravans/cars etc.) to a safe place. To obstruct a Council Officer executing such an order is an offence (with no power of arrest). The Council will try to recover costs from the trespassers in such circumstances.

All landowners (including local authorities) can recover possession of their land by using a County Court, if their land is occupied by someone without their consent.

Out of hours

Please see the contact numbers and hours of operation shown on later pages of this document.

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 the Gypsies/Travellers are taken into account when the use of Section 61 of the Criminal Justice and Public Order Act 1994 is being considered by the Police.

Once the use of this power has been activated, failure by the Gypsies/Travellers to comply with the requirement made by the Police to leave, or that particular group return to the same land within three months, they commit another offence for which there is power of arrest.

In order to investigate criminal activity, written evidence from witnesses must be provided to Police and an agreement to support any subsequent prosecution.

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:

Any enforcement of Section 61 normally requires the use of significant Police resources for this action to be successful, and it may appear that no action is being taken. However, when appropriate, and when safe action can be taken, enforcement will take place.

When do the Police consider using Section 61?

The local Police will consider using their powers in the following situations:

What is Dartford Council doing?

We are currently investigating several areas, including site security, protection, and inter-agency liaison to minimise the instances and effect of illegal encampments.

The council has already carried out works to protect a number of vulnerable Council owned sites, and will continue to protect others as they are identified. The Council has a cross party Travellers Working Group to review and consider Government proposals and identify effective and sustainable ways of dealing with illegal encampments.

A long term solution may be to provide 'Transit Sites' where Gypsies/Travellers can be directed for a maximum period of stay. The location, content and management of such sites will need careful consideration to ensure there is minimal disruption to the settled community.   The Government can provide grants for such sites.

What can I do if Gypsies/Travellers camp on my land?

You or your Solicitor can go to the County Court and obtain an Order granting you possession of the land. Further details can be obtained by contacting the appropriate court as shown on the rear page.

Alternatively, you can log onto their website to download the necessary application forms, or contact a Bailiff company who at a cost will invoke the landowner's powers to evict the travellers under "Common Law".

What if I decide to allow Gypsies/Travellers to stay on my land?

Unless you have obtained planning permission for a caravan site, or you are a farmer and they are helping you with fruit picking etc., you could be breaching the planning regulations.

I have seen Gypsies/Travellers camping 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 site be tolerated for a short period. Each case is considered on its own merits.

In all cases, the site is visited by various agencies and every effort made to try and keep the site tidy.

Consideration is also given to the location of an encampment which may be causing an obstruction on a highway, and hence a possible danger to encampment members or other road users.

I own land and want to know what I can do to stop Gypsies/Travellers camping on it?

Gypsies/Travellers have to be able to pull caravans onto a site, so any of the following will assist in making an encampment more difficult.

Where a site is used frequently for unauthorised encampments, such action may become essential in order to avoid breaching planning and other rules.

If I see Gypsies/Travellers behaving anti-socially or unlawfully, what can I do?

Every witnessed crime or act of anti-social behaviour should be reported to the Police. Nuisance may be reported to Council Environmental Health Departments. Only then can those organisations consider use of the powers they have. Please make sure you report everything to the official number for the organisations, even if you also tell a local Councillor, Parish Council or others about them.

The Police Force Control Centre should issue an incident reference number if you just wish to have an incident logged. Similarly a proper response should be given if you are reporting a crime in progress.

If you are unhappy about becoming involved with the Police in this way, then a Council representative can listen to you and pass the information on to the Police on your behalf. Alternatively, you can ring " Crimestoppers " on the direct line shown at the rear of this document.

Always write down any details of offences observed including details of offenders, but never take direct action yourself.

Remember, emergency services agencies are trained to deal with these matters .

Intimidation, threatening behaviour, vandalism or other related crime will not be tolerated under any circumstances. Any such incidents should be reported to the Police, and a record made of who you spoke to, the report reference number, and the date and time of the call.

What about the rubbish left by some Gypsies/Travellers?

Councils, the Police and the Environment Agency who have direct powers to deal with all aspects of unlawful waste disposal, 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. Note: certain waste requires special treatment. If in doubt, contact the Environment Agency Hotline shown at the rear of this document.

What about other offences.

Stereotyping of travellers with the use of commercial red diesel, evasion of vehicle excise licences, animal cruelty issues, and being a drain on the welfare state are commonplace, but as with other areas of a community are generally unfounded.

The Council, Police, and other partner agencies such as The Environment Agency, H.M. Customs and Excise, DVLRO, and RSPCA who have sweeping powers to deal with such matters when allegations are well founded, will investigate such issues purely on their respective merits.

I still have some queries or questions. Who can help?

There is a single Kent Police force, with policies, practices and procedures on this subject, and may be contacted as shown below:

Kent Police (NW Kent Division).
01622 690690
Ask for your local area control room.
www.police.uk

Other emergency services and where an immediate police response is required = 999

Kent County Council is strategically responsible for Highways, Education, Social Services, Trading Standards, Strategic Planning and a variety of other services across the County of Kent, except the Medway Towns (formerly Gillingham and Rochester-upon-Medway Council area),

Kent County Council main switchboard: 01622 671411
Or by writing to:

Kent County Council
Sessions House
Maidstone
Kent ME14 1QX.

For information regarding, or to report Unauthorised Encampments in your area please contact:
The Kent County Council
General Report and Information Line 0845 3450210
Please note that this service is available weekdays from 0800 hrs to 2000 hrs, and from 0900 hrs to 1400 hrs on Saturdays.

Individual District Councils and Boroughs cover much smaller administrative areas, and are responsible for their own Environmental Health, Local Planning, and Housing issues. Much housing though is now managed by housing associations

Main switchboard including out of hours.   01322 343434
Unauthorised Encampment Officer (Direct Line).   01322 343955
Environmental Services. 01322 343290
Planning. 01322 343203
Housing.   01322 343370

Two organisations who assist Travellers and Gypsies and who took part in the drawing up of the Protocol for the management of unauthorised encampments on public land in Kent are:

1.   The Gypsy Council
8 Hall Road
Aveley
Essex RM15 4HD
Tel: 01708 868 986

2.   Friends Families & Travellers
Community Base
113 Queens Road
Brighton
East Sussex BN1 3XG
Tel: 01273 234 777

All agencies may have different personnel dealing with Gypsies/Travellers. Kent Police and local authorities and other public bodies work closely together, to ensure that all decisions and actions are consistent and within the law.

If you have any comments regarding this guidance document please contact:

Dartford Borough Council
Telephone: 01322 343955
Recreation Services Division
Room C19, Civic Centre
Home Gardens
Dartford
Kent
DA1 1DR

Places of interest:

Dartford webcams:

Contact:

Copyright © 2008 Dartford Borough Council If only all councils were like Dartford