Supplementary memorandum by the National
Association of Gypsy and Traveller Officers (GTS 40(a))
CONSULTATION ON GUIDANCE CJPOA
ODPM CONSULTATION
ANTI-SOCIAL
BEHAVIOUR GUIDANCE—POLICE
POWERS
Response on behalf of the Gypsy and Traveller
Officers Association
The Association is writing in response of the
current consultation on the use of Sections 62A to 62E of the
Criminal Justice and public Order Act 1994 (as amended). In commenting
we would also note concerns regarding the lack of provision and
the lack of central government guidance. Particularly the Association
would wish to highlight the following points:
— There is no over-arching strategy
on site provision or central government guidance on regional or
national trends and the shortage of accommodation. The lack of
central government over-view places on local authorities the task
of determining provision in their area without central government
directives to ensure provision may be provided often against the
electorates wishes. This one-sided approach will lead to inconsistencies
in provision across the country and the reduction in available
accommodation. The lack of provision will also ensure discrepancies
in the interpretation of the new powers by the individual police
forces who will be free to interpret the use of the powers in
their individual ways.
— The absence of a statutory duty or
the accommodation assessment of need for the travelling population
may encourage a number of authorities to under-provide or make
no provision at all. This disjointed approach will only serve
to make authorities wary of any such provision to overcome unauthorised
camping.
— The lack of government guidance,
particularly in planning, which will be required for any site
provision will deter authorities from identifying appropriate
locations or suitable sites. Generally local authorities have
a call on its available land and many undeveloped sites are located
in the greenbelt, or other constrained areas. The lack of a suitable
guidance through the planning system and the ability to circumvent
a protracted course through regional special and local plan strategies
may lead to a possible challenge for local authorities when endeavouring
to provide temporary and short-stay sites. Whoever undertakes
the applications for development of new sites is required at the
present time to follow the development Plan Review process and
if sites have not been identified within the process to be included
in the strategic strategies then authorities will be susceptible
to challenge.
— To ensure applications for provision
the Government would also be required to indicate a long-term
commitment to the grant aid process so that temporary and short-stay
sites would receive specific grant apart from the temporary grant
aid available for gypsy site refurbishment and temporary and permanent
provision. This grant aid will be essential if the provision of
temporary and short-stay sites is going to be taken seriously
as an alternative to the increasing unauthorised encamping which
is taking place in certain areas of the country.
— Although the Guidance includes references
to suitable sites and accommodation it fails to take into consideration
the inability to place transient families with permanent residents
on permanent residential sites. 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.
— Other factors remain that if antisocial
elements of the travelling community are directed to temporary
short-stay sites then they will remain anti-social and undertake
activities which disrupt the settled and travelling communities
in their immediate area. With the enhanced powers there should
also be included the ability for the local authority to remove
disruptive elements of the travelling community irrespective of
the accommodation provided for unauthorised camping. It is this
minority of disruptive travellers that are causing problems for
the majority of the travelling community.
— The lack of guidance on adequacy
of provision and suitable pitches will also cause problems for
the service providers and may well act as a basis for defence
when authorities are challenged regarding a lack of provision.
Since the powers themselves do not represent any anti-social behaviour
element then this may disrupt the provision of temporary or short-stay
accommodation.
— The linking of enhanced eviction
powers to additional accommodation will add nothing to the task
of addressing the significant levels of anti-social behaviour
within parts of the travelling community. The anti-social behaviour
orders indicated 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 to remain
in-situ over a extended lengthy period the anti-social behaviour
will be ineffective. When addressing temporary and short-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.
— When authorities offer places on
a transit site it should be for groups that are observing good
behaviour and require accommodation and will undertake to observe
certain codes of conduct. The anti-social behaviour element that
is causing the majority of the disruption to the travelling community
and also the settled population must certainly not be rewarded
for their behaviour by placing an unacceptable burden on the local
community. Experience in this area suggests that most groups who
would wish to stay for long periods on a transit site are in fact
looking for permanent accommodation. However, permanent accommodation
is at a premium and there is a national shortage of approximately
2,500 to 3,000 permanent residential pitches.
— There is also a problem where the
amount of time that families may remain on the transit site. Assuming
the police use its enhanced powers to move families on to transit
or temporary accommodation after the three-month period they would
be required to move off presumably back to the original unauthorised
encampment. Once back on the unauthorised encampment the Police
and local authorities will then presumably have the choice of
redirecting them back on to the transit site.
— The inconsistent approach to transit
site provision and permanent residential accommodation makes the
enhanced powers unworkable and also provides confusion to both
the settled and travelling communities. 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.
— Local authorities require assurances
that when provided transit and temporary accommodation they are
not being asked to meet national shortages of accommodation on
permanent sites by the provision of temporary site which may be
used for extended periods. The establishment of transit sites
should also be subject to assurances that the local authority
area will not be the subject to increased unauthorised encampment
due to the availability of the transitory accommodation.
In summary the new powers will be ineffective
if not linked to the provision of accommodation both permanent
and transitory and the provision of funding to provide the infrastructure
for the sites. Additionally, the planning system should be amended
so that local authorities have a clear remit to provide sites
and also the provision of permanent residential accommodation.
The Government requires to rethink its strategy of enforcement
with a strategy of determining provision based on the assessment
of need of the travelling community. Local authorities and associations
representing Gypsies and Travellers are supportive of the requirements
of temporary and short-stay sites, however, unless the definitions
and guidance is explicit then the powers and additional accommodation
will prove ineffective.
George Summers
Secretary
National Association of Gypsy and Traveller Officers
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