- Do the Council have a duty to move travellers when they are
camped without the landowners permission?
- No. Councils may move the travellers on but it will depend on
whether or not they are causing a problem. Primarily the
responsibility for moving travellers rests with the landowner.
If travellers camp on my land what should I do?- Consult your solicitor who can go to the County Court and
obtain an Order granting possession of your land. Alternatively you
can ask the Council or Court for advice.
Do the Police and the Council work together on these problems?- Yes. There is a Standing Committee including representatives of
the Suffolk Constabulary, Suffolk County Council and the seven
District and Borough Councils of Suffolk. These agencies have
worked together to produce a Joint Strategy which is available from
police stations, council offices and your local library.
If the Council want to, can they remove travellers from land
immediately?- No, because the Council first have to be able to show that the
travellers are on the land without the consent of the owner. In
addition enquiries must initially be made regarding the welfare and
rights the travellers have before deciding on whether to take any
action. If action is to be taken the travellers must be asked to
leave. If they refuse the Council can obtain a Summons to serve on
them. The Court can subsequently issue an Order permitting the
Council to move the travellers.
What legislation is open to local authorities in such
circumstances?- The Council can apply under Part 55 (County Court Rules 1981)
which would be heard in the County Court. Order 113 (Supreme Court
Rules 1965) is an application to the High Court. Both these orders
may identify specific areas covering the traveller sites. It should
be remembered that responsibility for removal of travellers from
private land rests with the owner of the land. In addition to these
applications the Council can apply to a Magistrates Court for a
Possession Order (Section 78 Criminal Justice and Public Order Act
1994) if the travellers fail to comply. In order to achieve this
the council must have issued a direction to the travellers
requiring them to leave the land (Section 77 Criminal Justice and
Public Order Act 1994). These orders apply to specific sites and
return to the site within three months is an offence.
If I own land, what can I do to deter travellers camping on
it?- Make earth barriers. Plough the land so vehicles sink in.
Reduce access width and/or headroom by the use of barriers. Place
locked gates across the entrance. Use the land for some purpose
that makes it unsuitable to live on. You may need to consult your
solicitor or insurers prior to taking such actions.
I have seen travellers camping on sides of roads, parks or other
Council owned land. What can the Council do in these cases?- If travellers cause problems they will be moved on as soon as
possible. If they are not causing a problem the encampment may be
tolerated for a short time, but the travellers will be told they
are trespassing. The Council will consider each case on its merits.
In all cases the land is visited and every effort made to try and
make sure the area is kept clean and tidy and does not cause any
public health problems.
Do the Police have a duty to do anything to help?- The Police have a duty to preserve the peace and prevent
offences against people and property. This applies to both the
community as a whole and travellers. Trespass on land alone is not
a criminal offence and prevention of trespass is the responsibility
of the landowner and occupier, not the Police.
What can the Police do?- In certain circumstances a senior police officer has the
discretion to order the travellers to leave and remove any vehicles
and other property they may have with them on the land (Section 61
- Criminal Justice and Public Order Act 1994). If they fail to do
so they may commit an offence and may be taken to Court. The Police
must be satisfied that the owner/occupier of the site has taken
reasonable steps to get them to leave. Civil remedies exist and
should normally be exhausted before this power is exercised, except
in cases of disorder.
For further information contact Waveney District Council's
Enforcement Officer on (01502)
523041