Select Committee on Office of the Deputy Prime Minister: Housing, Planning, Local Government and the Regions Thirteenth Report


16  UNAUTHORISED ENCAMPMENTS

208. Unauthorised camping continues to be a problem for both the travelling and settled communities. The travelling community argue that there are insufficient places to stop so they are forced to camp on unauthorised sites which lack facilities and services, and where constant evictions disrupt children's education:

    "In practice, 30% of Travellers in Britain are hounded from one unauthorised place to another, with all the associated problems of unofficial camping, clean-up costs and no chance of proper education for the children. Furthermore poor living conditions have a detrimental impact on the health of Traveller families, who have the lowest life expectancy and the highest child mortality rates of any group in Britain.[284] […]. Every week an average of 10 Traveller families - 80 to 90 people in 30 caravans - are living on unauthorised sites with no sanitation, no utilities and no refuse collection. There are an average of three evictions a week that cost about £2500 a time excluding police costs, staff costs and possible legal costs."[285]

The settled community views unauthorised camping as an invasion of its environment, and objects to the costs which result from evicting illegal campers and cleaning the site:

    "There is a sense of injustice over the fact that the council tax payer has to keep shelling out substantial funds to clear up behind these people." [286]

    "It is absolutely essential that we get away from Travellers camping illegally. The amount of grief and despair that it causes in a community is untold. Residents cannot understand why this group of people are able to come in - whether they own the land or do not own the land - set up camp and live there when, in my particular part of the world, if they want to put a garden shed up they would have to go through the planning system. I think what we are trying to get across is that we want to be part of this equation as local authorities and work with the travelling community but we want to make sure that it is done within the legal framework and not done illegally as it is at the moment."[287]

Alistair McWhirter, Chief Constable of Suffolk and representative of the Association of Chief Police Officers, told us that the settled community often react badly to the arrival of Gypsies and Travellers:

    "I can honestly say that I have never seen such racism in communities other than when Travellers move into an area; there is a naked racism which is not there with other minority ethnic groups who are even more visible in many ways. The public reaction to Travellers can be very much equated to the nineteenth century Punch cartoon where a man is standing on the edge of a village with another man and a villager from the next village is walking towards them and in the caption underneath one man says to another: "Who's him, Jim?" The other one says, "'E be a foreigner" and the first one says, "We'll heave half a brick at him then". That is still the attitude that communities have to strangers moving in generally, we do not see it only with Gypsies and Travellers. In my own county at the moment we have problems with Portuguese families moving into rural communities and so on. We know from the reaction we get when Travellers move into an area when we will constantly get telephone calls saying that crime has gone up and so on and very often the figures do not match that. Travellers arriving in an area does not mean that there is going to be an increase in crime; what it often means is a feeling of unease in the local community and as a result tensions are raised particularly if Travellers then go into a pub and take that pub over very often in large numbers and you end up with conflict in the community. Sometimes that is very difficult to deal with."[288]

209. ACPO emphasised the difficulties of managing unauthorised camping:

    "Managing unauthorised camping is a very difficult task. Practitioners involved have to constantly bear in mind the law, the rights of the landowner, the human rights of the campers, the needs and wants of the settled community and the practical difficulties of where the Travellers will move to if not allowed to stay. All this needs to be set against a backdrop of institutionalised prejudice among the settled community who are much more prepared to make racist comments and take physical action against Travellers than any other minority group. This is evidenced by the press who also write articles about Travellers in terms which they would not entertain using about other minority groups."[289]

And of evicting unauthorised campers:

    "If you serve a notice under Section 61 to require someone to leave a site you actually have to have the resources available once you have given the people a period of notice to take all of the caravans into your possession and keep them safely, you have to find homes for the people you are making homeless and so on. You have to have a huge number of people involved, it is not as easy as saying, "Okay, go off by 12 o'clock tomorrow" and sending a police officer along to make sure that that happens. It is not as simple as people think; it is the logistics of actually making it happen that are very difficult."[290]

210. Gypsy and Traveller groups have argued that local authorities have failed to recognise the difficulties faced by the travelling community because of the lack of authorised sites:

    "Account must be taken of those authorities who - supported by the Police - operate harsh eviction policies against Gypsies forced to camp illegally by the national shortfall of official caravan sites, and measures taken (possibly though an amendment to Circular 18/94, and perhaps Planning Legislation) to introduce short-term toleration of families camped on their own land but not causing any problems by their presence there in order to afford those families an albeit limited measure of security until such times as their situation can be legitimised through the planning process. Under no circumstances should authorities be allowed to evict Gypsies from unauthorised encampments if they have not already provided official sites within their area, or if such sites are provided they are either sub-standard in terms of quality of facilities, suffer from incompatibility problems or are in isolated, "hole and corner" Or otherwise unacceptable locations."[291]

The Commission for Racial Equality also expressed concerns that unauthorised encampments are not being handled appropriately:

    "Unauthorised encampments and developments - largely as a result of severe site shortages - have a hugely negative impact on community relations."[292] […]. The CRE is concerned that local authorities and police forces are not adequately aware of, and not adequately implementing the statutory race equality duty in relation to Gypsies and Travellers in the context of unauthorised encampments. The race equality duty should be embedded in any strategy for managing unauthorised camping, and in all practice stemming from this. The CRE is regularly contacted by individuals and agencies expressing concern that authorities are: introducing new policies that are likely to impact negatively on Gypsies and Travellers; actively encouraging reporting of unauthorised encampments; making public statements that fuel hostile media coverage; failing to manage evictions in a manner that promotes good race relations; failing to respond appropriately to members of the settled community who express hostility; contracting private eviction companies without any apparent consideration of race equality."[293]

211. In response to an adjournment debate on 19 May 2004 Yvette Cooper MP highlighted that the levels of unauthorised encampments have stayed broadly stable over the past few years, but the levels of unauthorised developments have increased significantly.[294] Unauthorised developments are where the land is legally owned by the Gypsy or Traveller but planning permission for a site has not been granted. The Gypsy Council for Education, Culture, Welfare and Civil Rights want a moratorium on evictions from such sites until sufficient legal places to stop are provided:

    "This [a moratorium] is essential because the powers for police in the Anti-Social Behaviour Act 2003 are being used when it is patently obvious that there are not enough sites. In particular evictions of families on private sites which do not have planning permission. The eviction in Chelmsford was a private site and the families were told that there were places in Epsom, Surry. There were no places in Epsom. The mob handed eviction with hundreds of bailiffs and police in riot gear and circulating helicopter saw caravans (homes) damaged whilst being dragged off the site. Later some caravans (homes) were fire damaged; earth mounds were built to prevent access to the site which was sprayed with pig slurry making it unusable. This would just not happen if the land did not belong to Gypsy and Traveller people. Until there are enough sites for Gypsy and Traveller families to occupy, these evictions must stop."[295]

212. Many local authorities and private landowners have told us of the large costs encountered in evicting travellers:

    "As local authorities cannot budget for Traveller invasions, the Government need to consider ways of either assisting local government with such costs or in some way enabling a collaborative scheme to spread the enormous costs of removing Travellers and clearing up the sites." [296]

    "Private landowners can be virtually bankrupted by a major invasion on their land and the procedures for getting a court order are time consuming and expensive. The removal of Travellers after an illegal occupation normally takes 8 to 10 days at best. Whilst district and county councils and the police have been given considerable powers in respect of removing travellers most are reluctant to use them because of the human rights issues. Nationally millions of pounds are being wasted by local authorities for the removal of the Travellers from their land, dealing with enforcement on private sites without planning approval and also for the fortification of their landholding to try to prevent further invasions." [297]

    "There is no doubt that the money we spend on enforcement would be better spent on management of Gypsy sites but unless we have a duty to provide sites it is very difficult to see how any local authority will provide residential sites. That is half the answer. The other half of the answer is the transit or short-stay sites where people travel around and move around. In the summer period the majority of people go off their sites, they travel and move around with nowhere lawfully to stop, so therefore they camp on the road and that is where the amount of our expenditure goes. We spend an absolute fortune each year evicting and moving Travellers round and round in a circle. It is totally unnecessary. If there were a legal place for them to stop which could be authorised that had decent facilities then they could move around and stop quite legally."[298]

Dr Robert Home told us that development of authorised accommodation would offer better value for money than evictions:

    "With unauthorised encampment now criminalised, large sums of public money have been spent on legal action against Gypsies by police and local authorities, and a recent study by the Traveller Law Research Unit at Cardiff University (Morris and Clements 2002) estimated that each unauthorised caravan costs land-owners (public and private) an average of about £3000 a year. A Best Value approach (as recommended in Home Office 2003) would consider alternative ways to spend that money positively to secure appropriate authorised accommodation."[299] […]. Local authorities and the police should be encouraged towards a 'Best Value approach', comparing the costs (both direct and indirect) of dealing with unauthorised Gypsy encampments with the possible costs and benefits of taking a more pro-active approach to site provision. This could include a more positive approach to combating prejudice and discrimination towards Gypsies."[300]

213. The ODPM and Home Office published new "Guidance on Managing Unauthorised Camping" in February 2004. The guidance emphasised that "all public authorities, not just local authorities, must take account of "humanitarian considerations" before considering eviction." The Guide has been welcomed by the Association of Chief Police Officers, particularly because it is felt to clarify which authority (police or local authority) is responsible for taking the lead in formulating a strategy. It was suggested that in the past, authorities had failed to work in a coherent manner.[301] The Traveller Law Reform Coalition also welcomed the guidance. They explain:

    "We also welcome aspects of the guidance which set a framework within which appropriate decisions can be made on unauthorised encampments to minimise disruption, linking the approach to unauthorised camping firmly to other strategies and policies affecting Gypsies and Travellers (site provision, planning, health, education, housing etc) and with the potential to involve all those with an interest in the process of developing the strategy."[302]

Police Powers

214. The Anti­Social Behaviour Act introduced into the Criminal Justice and Public Order Act new powers of eviction, meaning that where suitable sites are available, police can evict encampments where they are considerably smaller than they would have been previously and move them on to those sites. Many witnesses support the intention of the Act but believe it useless without provision of additional sites. In an adjournment debate on Travellers' Sites in West Leeds, John Battle MP commented, "We cannot toughen up the law to move Travellers on if there is nowhere for them to go."[303]

215. The Commission for Racial Equality agrees with these sentiments:

    "That [provision of sites and ability to evict illegal campers] is a link that we support but in the absence of those sites being provided ­ demonstrated by the fact that those powers have not been used yet at all since they were introduced ­ it is very clear that in order for that system to work the provision has to take place alongside if not before the powers of eviction can be used in order for the system to be workable."[304]

Although they stress that there are some sites where eviction is necessary regardless of the level of provision:

    "Clearly if the site were completely unsuitable, for instance if the encampment is on a school playing field, even if there is no alternative provision then the eviction powers should still apply but in other circumstances they should not. We are not giving you a precise formulation but we are suggesting that it should be a consideration whether they can use the powers and as to whether the eviction can take place. In a sense it is about rights and responsibilities. They have a responsibility to provide sites and the greater extent to which they have exercised the responsibility for providing or facilitating sites the greater should be their powers to evict people who are not using those sites."[305]

216. NAGTO also argue that the additional police powers will be ineffective if not linked to the provision of accommodation, both permanent and transitory, and the provision of funding to provide infrastructure for sites. The Association believe that the Government needs to rethink its strategy of enforcement with a strategy of determining provision of sites based on the assessment of need of the travelling community.[306] Ian Cairns, Gypsy Liaison Officer, Somerset County Council, argues that if sufficient numbers of sites were provided, local authorities would be much more inclined to use the powers available and adopt a tough attitude towards any Gypsies and Travellers that still camped illegally:

    "There will always be those Travellers who will stay outside the law and providing a local authority has a decent level of provision they can go before the courts and inform the courts that they have been made an offer of accommodation, that there are transit facilities there, and they have been identified to them to use, and if they prefer not to use that then you will obtain your order to move them on. As there was with the 1968 Caravan Sites Act, where there was the designation process, I think that there should be that carrot and stick so that local authorities who do have provision on there to be used and it is not being used by the Travellers have the power to move them on."[307]

217. NAGTO believe that the inconsistent approach to transit site provision and permanent residential accommodation makes the enhanced powers unworkable, and provides confusion to both the settled and travelling communities. They argue that:

    "There should not be the ability within the legislation that any group encamping on land in a specific area would be guaranteed a place on a transit site or temporary stopping place for at least three months. The accommodation should be dependent on the behaviour of the group and the compliance with a licence agreement to adhere to a certain code of conduct while on the temporary and short-stay site. It is recognised that the travelling population have unique needs, however, the presumption of occupancy for a minimum of three months will only lead to disruptive behaviour and the settled community objecting to the location of the permanent and residential site."[308]

218. The Traveller Law Reform Coalition are concerned that local authorities or the police may force Gypsies and Travellers onto any site with a vacant pitch, regardless of compatibility, and that authorities may develop poorly located sites in order to use their new powers:

    "We have grave concerns over the provisions of the Anti Social Behaviour Act 2003, which will give the police extra eviction powers against Gypsies and Travellers where local authorities are able to direct Gypsies and Travellers to vacant pitches/stopping places. […]. To date the powers in the Anti Social Behaviour Act have not been invoked because there are not vacant pitches. It is our fear though that if local authorities develop sites they will have limited facilities because of the lack of funds available to develop sites, some may be allowed to be quickly run down and become highly undesirable places to live yet satisfy some local authorities as their existence will give them enhanced eviction powers even if Gypsies and Travellers are hesitant to move onto them. It should also be noted that some Gypsies and Travellers might be hesitant to share such sites with different travelling groups, again this will lead to a reluctance to move onto sites which are large and accommodate families from different travelling groups. It is our fear that some Gypsy and Traveller families will be subjected to a greater cycle of enforced movement and this will have a hugely negative impact on their health and access to services."[309]

The National Association for Gypsy and Traveller Officers also have concerns about compatibility:

    "The availability of permanent residential accommodation on permanent sites should not be an immediate trigger for the police to assume that the vacant pitches represent alternatives to temporary site provision. If inappropriate families are placed on the vacant pitches on permanent sites this will, in itself, lead to the incompatibility between site residents and problems with the local community. Furthermore, this incompatibility of certain travelling elements would disrupt the permanent site and possibly closure."[310]

219. Local authorities have taken different approaches to the new powers:

    "In Somerset we do not use the Criminal Justice Bill and we try not to use the Anti­Social Behaviour Act because we see it as a social issue. It is not a criminal issue, it is a social issue and that is how we try to address it. We have no interest in criminalising any families at all. All we are trying to do is to protect the integrity of our property."[311]

    "In Buckinghamshire we take a rather different attitude to Somerset in that we currently concentrate on procedures under the Criminal Justice and Public Order Act basically because when it was issued it said that it was there in order to protect the interests of private owners of land. It is impossible for local authorities to use county court action on private land whereas they can use it for private owners' own land. It is clearly the concern of the landowner in law to look after his land. In the case of a highway that would be the Highways Authority. In the case of private land it would be the private land owner. In practice, that is probably totally unfair on the private land owner whose land is invaded and who may find it covered with rubbish, but there is no getting out of that situation. However, they should be able to depend upon support from the local authority and the police. I believe that provided that those authorities stay within the reasonable confines of their working affairs, in other words, if the Gypsies are on the land and they can be persuaded to come to an agreement with the landowner and not do damage to the land, just as that might happen on local authority land, then there should not be a need for immediate eviction. If they are harming the land and they will not move in other ways then there should be immediate action taken against them by the authorities on behalf of the landowner."[312]

220. Chief Constable Alistair McWhirter, representative of the Association of Chief Police Officers told us that the police do not think that they need any additional powers, but he explained that the powers alone were insufficient. For example, an unauthorised encampment may be made up of more caravans than there are spaces on a site, and the group may refuse to be split up. In addition the numbers of Gypsies and Travellers on a site may require additional resources be complied to implement the powers:

    "For all the things that we deal with in terms of Travellers one has to have sufficient resources. Frequently we are asked why we do not use Section 61 more often. If you serve a notice under Section 61 to require someone to leave a site you actually have to have the resources available once you have given the people a period of notice to take all of the caravans into your possession and keep them safely, you have to find homes for the people you are making homeless and so on. You have to have a huge number of people involved, it is not as easy as saying, "Okay, go off by 12 o'clock tomorrow" and sending a police officer along to make sure that that happens. It is not as simple as people think; it is the logistics of actually making it happen that are very difficult. […]. We have to have sufficient resources and we will get sufficient resources and we do get sufficient resources to do it. We have had tactics adopted by the travelling community of moving in large numbers and certainly a couple of years ago it was at its height when we were getting groups of 150 caravans going round in large groups descending on, for example, a large shopping centre car park, taking over that car park completely at night and then dominating that area for some days. As the guidance says, there are areas where it will always be unacceptable for people to camp unlawfully and we will take action and do that, but we have to then get the resources together to do that and they are very expensive resources to get together. You also then have to have an idea where those 150 caravans are going to go although it is unlikely that people will actually allow us to seize them. So they will probably pull off which is what happens very often; we get all the resources together, we ready to do it and then they will pull away because they do not want to lose their homes, who would? Then it becomes a game of cat and mouse with people being followed and then they settle on a piece of land. Eventually once they move out of that district council area - and this is coming back to the silo point - or indeed out of that force area it is no longer that area's problem."[313]

221. The Minister of State for Housing and Planning, the Rt. Hon Keith Hill MP appears to accept that the new powers may, in George Summers' words, "be putting the cart before the horse"[314]:

    "It is partly the issue of the provision of transit sites. I think the Chief Constable was absolutely right. It is very difficult to take action in terms of moving people on if the legislation requires that there should be sites they can move on to and they are not there of course, as you know. We have had a funding stream in the past period which has been about both the refurbishment of existing sites and the provision of transit sites. Within the context of the spending review we will obviously want to look at future allocations."[315]

222. The Association also argue that enhanced powers do not tackle anti-social behaviour within the travelling community. They stress that anti-social Travellers should not be directed to sites, because they will disrupt the settled and travelling communities in their immediate area. They suggest the enhanced powers should include "the ability for the local authority to remove disruptive elements of the travelling community irrespective of the accommodation provided for unauthorised camping".[316] They add, "It is this minority of disruptive travellers that are causing problems for the majority of the travelling community".[317] It has been suggested that Anti-Social Behaviour Orders (ASBOs) should be taken out against anti-social Gypsies and Travellers, but the National Association of Gypsy and Traveller Officers argue that these are impractical:

    "Anti-Social Behaviour Orders are not a practical solution for encampments that by their very nature are transient and of a short-stay duration. To obtain Anti-Social Behaviour orders a significant amount of evidence is required plus the ability of the occupants to remain in one place, therefore unless the encampment is allowed o remain in-situ over an extended lengthy period, the Anti-Social Behaviour Order will be ineffective. When addressing temporary and shirt-stay sites, the occupants will merely move before such an order is even obtained. Using the new powers of enhanced possession will negate any such Anti-Social Behaviour Order objective."[318]

223. Chief Constable Alistair McWhirter, ACPO representative, told us that managing anti-social behaviour in the Gypsy and Traveller community is as tough as it is in the settled community. He stresses the need to set standards and for all relevant parties to communicate:

    "I think the only thing that can be done at a local level in terms of reducing anti-social behaviour is to keep dialogue going right from the start. I think the new guidance [ODPM guidance on Managing Unauthorised Camping ] which has been issued is extremely helpful in relation to giving good examples of how that dialogue can be first of all made and then maintained. I think it comes down to having good Gypsy and Traveller liaison officers; it comes down to having named individuals in police forces.[…]. In the local authority but then having named police officers who are also liaison people so that the local authority and the police are working together as one. That is why I am pleased that the guidance - although it has not yet been formally launched in a broader sense - gives clear plans as to how you can set up a local strategy and to work that through. I think that if those areas that are affected by Gypsies and Travellers moving in do have plans in place in relation to that you will at least be able to start the process of being able to create a dialogue with the Gypsy and Traveller community to be able to help them to eradicate that sort of behaviour while people are camping in their particular area. I think that is about setting up agreements at a local level about what you will do about rubbish, about behaviour generally and all those sorts of things which is saying that if there is a period of toleration then they will only be tolerated if they comply with these sets of standards. I think the standards that are applied should be the same standards that apply to the settled community; we are not asking for more of Gypsies and Travellers than we are of the settled community."[319]

224. We have received evidence from a number of organisations and individuals highlighting the anger they feel when groups of Gypsies and Travellers camp illegally on land which they do not own. It can be a long and difficult process, entailing huge expense, to move people on. However, most illegal encampments stem from lack of legal places to stop. If the Government were to re-introduce a statutory duty, and to require local authorities to take swift action to implement the duty, then many Gypsies and Travellers would move onto legal sites. The police would then be able to use their powers to move on illegal campers much more quickly because there would be spaces on sites to move Gypsies and Travellers onto. The Gypsy and Traveller community would have a responsibility to recognise that if sites were provided, illegal encampments would not be accepted nor tolerated. With adequate site provision the legal profession should be able to support landowners seeking to evict Gypsies and Travellers from illegal encampments. We recommend that when sufficient numbers of sites are in place, the number of days that must pass before evictions can be enacted should be reduced.

225. We have been told that the police have sufficient powers to deal with illegal encampments provided that there are enough sites. However we have concerns that the police may have insufficient powers to tackle anti-social behaviour within the travelling community. Anti-Social Behaviour Orders are not workable for Gypsies and Travellers who are not resident on permanent sites. We recommend the Government use the proposed Gypsy and Traveller Taskforce to identify ways in which anti-social behaviour within the travelling community can be addressed.



284   HC deb, 19 May 2002, col 1071 Back

285   HC deb, 19 May 2004, col 1072 Back

286   West Sussex County Council, A Strategy on Gypsies and Travellers in West Sussex, January 2003, pg 12 Back

287   Q 295 [Councillor Susie Kemp, West Berkshire Council and chairman of the Local Government Association Planning Executive Back

288   Q 266 Back

289   HC 63-III, Ev 42, [Association of Chief Police Officers] Back

290   Q 268 Back

291   Ev 18 [The Gypsy Council (Romani Kris)] Back

292   Ev 69 [The Commission for Racial Equality] Back

293   Ev 69 [The Commission for Racial Equality] Back

294   HC deb, 19 May 2004, col 1074-5 Back

295   HC 63-III, Ev 92, [The Gypsy Council for Education, Culture, Welfare and Civil Rights] Back

296   Totton and Eling Town Council, Views and Responses in respect of Travellers, 14th July 2004, Press release Back

297   Totton and Eling Town Council, Views and Responses in respect of Travellers, 14th July 2004, Press release Back

298   Q 236 [George Summers, Gypsy and Traveller Service Manager for Hampshire County Council and Secretary of the National Association of Gypsy and Traveller Liaison Officers] Back

299   Ev 86 [Dr Robert Home] Back

300   Ev 86 [Dr Robert Home] Back

301   HC 63-III, Ev 88, [Association of Chief Police Officers] Back

302   Ev 34 [Traveller Law Reform Coalition] Back

303   HC deb, 19 May 2004, col 1070 Back

304   Q 156 [Sasha Barton, Senior Policy Officer, Gypsies and Travellers, Commission for Racial Equality] Back

305   Q 158 [Sarah Spencer, Deputy Chair, Commission for Racial Equality] Back

306   HC 63-III, Ev 78, [National Association of Gypsy and Traveller Officers] Back

307   Q 255 [Ian Cairns, Gypsy Liaison Officer, Somerset County Council] Back

308   HC 63-III, Ev 78, [National Association of Gypsy and Traveller Officers] Back

309   Ev 34 [Traveller Law Reform Coalition] Back

310   HC 63-III, Ev 78, [National Association of Gypsy and Traveller Officers] Back

311   Q 254 [Ian Cairns, Gypsy Liaison Officer, Somerset County Council] Back

312   Q 254 [Terry Holland, Gypsy Services Manager of Buckinghamshire County Council] Back

313   Q 268-9 [Alistair McWhirter, Chief Constable of Suffolk and representative of the Association of Chief Police Officers] Back

314   Q 256 [George Summers, Gypsy and Traveller Service Manager for Hampshire County Council and Secretary of the National Association of Gypsy and Traveller Liaison Officers] Back

315   Q 356 [Rt. Hon Keith Hill, a Member of the House, Minister of State for Housing and Planning, Office of the Deputy Prime Minister] Back

316   HC 63-III, Ev 78, [National Association of Gypsy and Traveller Officers] Back

317   HC 63-III, Ev 78, [National Association of Gypsy and Traveller Officers] Back

318   HC 63-III, Ev 78, [National Association of Gypsy and Traveller Officers] Back

319   Q272-3 [Alistair McWhirter, Chief Constable of Suffolk and representative of the Association of Chief Police Officers] Back


 
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