What can be done to move on travellers who have set up an unauthorised encampment in Hampshire?

Often the public is at a loss as to why they simply cannot be moved on, however there are strict laws which need to be followed.

All district councils have a legal duty to provide “suitable” sites for all groups, including travellers and gypsies – they are protected from discrimination by the Equality Act 2010. Responsibility for planning for providing sufficient Gypsy and Traveller sites in England lies with local authorities since they have the power to provide these areas – but they are under no duty to do so. County councils, district councils and London boroughs can exercise the power. Local authorities should have authorised sites where travellers can stay. If they decide to stay on an unauthorised site, the land must be suitable for living.

Unsuitable locations include scientific or environmental interests, parks, public open spaces in regular use, sport, recreation grounds, public roads or near a railway line. A site where pollution could damage water courses or supply, and an area with toxic waste, serious ground pollution or other environmental hazards, are also considered unsuitable.

What is the procedure?

If travellers arrive at a spot at which it is not appropriate or authorised to camp, people can contact their local council or the police to notify them. Depending on the situation, they (local authorities and police) will enforce different sections of the Criminal Justice and Public Order Act 1994 (CJPO Act).

When a group of travellers set up on a piece of council land without permission, they can be issued a section 77 notice of the CJPO Act. A criminal offence is committed if they refuse to leave the site, and the travellers can be fined. It is an offence for a traveller to re-enter the land with their vehicle within three months of the date of the direction to leave, and they can be fined if they do so as well.

Sections 78 and 79 of the Act also enable the local authority to apply to a magistrates’ court to obtain a removal order to go onto the land and remove vehicles in contravention of an order to leave.

An authority can only remove vehicles after giving 24 hours’ notice to the owner or occupier if the administration cannot obtain their names and addresses. Moving travellers along can be costly for taxpayers since once moving from one site, they may travel to another, meaning the process has start again from the beginning. A simple unopposed legal eviction of a small encampment will cost between £1,000 and £3,000, and a high resisted removal costs roughly £30,000.

What can the police do?

The police have a duty to visit all sites reported to them. Section 61 of the Act enables senior officers to direct those in an unauthorised encampment to leave land if they are in an encampment that consists of six or more vehicles, if any member of the encampment has “caused damage, disruption or distress”, or if their encampment is on (or partly on) a highway. Section 60C-E of the CJPO Act provides a criminal offence for “residing on land without consent in or with a vehicle”.

For the offence to apply, the trespasser must have at least one vehicle with them and must also have caused (or be likely to cause) significant damage, disruption, destruction, or distress.

In some circumstances, the police may choose to invoke their emergency powers under Sections 61 and 6A-62A-E; this means the travellers will be required to leave immediately. The police may use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the trespassory occupation of the land is a relevant factor.

Finally, if travellers camp on private land, the landowner can talk to them and ask to agree a leaving date. If this doesn’t happen court action can be taken.

Under common law, landowners can invoke their common law rights to the ‘Tort of Trespass’ to remove trespassers from their land. The main advantages of the common law process are:

• the speed at which the removal can take place
• avoiding delays and lengthy proceeding
• significant cost savings by not incurring legal fees

In certain circumstances, police can be asked to direct unauthorised occupiers from the land under the Criminal Justice and Public Order Act 1994.