Draft guidance for managing Gypsy and Traveller sites - Chapter 1: introduction

The Welsh Government’s Anti-racist Wales Action Plan sets out its vision for making Wales an anti-racist nation. The actions within the plan include the steps we will be taking to achieve anti-racism for Gypsy, Roma and Traveller communities in Welsh society.

We recognise the cultural differences which have often led to the social exclusion of these groups, and we want to ensure these communities are heard in service delivery. This guidance was therefore informed by engagement with Gypsy, Roma and Traveller community members. This document provides updated guidance for local authorities, including how to comply with the terms of the Mobile Homes Act (Wales) 2013 (“the 2013 Act”).

Often for policy purposes and to ensure the distinctness of these three communities are reflected, the term Gypsy, Roma and Traveller is used. However, this guidance uses the definition of Gypsies and Travellers as set out in section 62 of the 2013 Act and section 108 of the Housing (Wales) Act 2014, which state:

‘Gypsies and Travellers’ means:

1. Persons of a nomadic habit of life, whatever their race or origin, including:
   1. persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently, and
   2. members of an organised group of travelling show people or circus people (whether or not travelling together as such); and
2. All other persons with a cultural tradition of nomadism or of living in a mobile home.

The intention of this definition is to ensure that ethnic Romani Gypsies and Irish Travellers are included, as well as those from any ethnic group who follow a nomadic habit of life. The definition also includes Travelling Showpeople. New Travellers could also be captured by the definition if they can demonstrate a cultural tradition of nomadism or of living in mobile homes.

Individuals do not necessarily need to demonstrate a continued nomadic habit of life to be considered to be Gypsies or Travellers for the purposes of this guidance.

This document is intended as a guide to local authorities in meeting the requirements of the 2013 Act and develop well-managed sites for the enjoyment of its residents. This guidance is non-statutory, but it is recommended that local authorities have regard to the advice contained in this document unless they have sound reasons not to do so.

Evidence of a local authority having regard to this guidance will also form a key consideration of the Welsh Government when deciding on the award of any capital grant funding in relation to local authority Gypsy and Traveller sites. Where contracted management arrangements exist on a site which is the subject of a bid for capital grant funding, a copy of a blank management contract must be submitted to the Welsh Government on request. This will help satisfy the Welsh Government that proper site management is in place on sites receiving investment.

At the time of publication, 16 of the 22 local authorities in Wales have Gypsy and Traveller sites, providing approximately 465 pitches.

Site provision clearly needs to be accompanied by good quality site management. The Welsh Government wants to encourage and support the sharing of good practice and consistent approaches to managing accommodation for Gypsies and Travelers. This guide aims to provide a useful tool to help achieve this for existing and future local authority Gypsy and Traveller sites.

This guidance should be equally useful in assisting local authorities who are planning the development of new sites and those who already manage sites, as well as site residents. It should be used as a basis for facilitating good site management. The aim is to encourage positive, realistic and practical approaches to resolving issues which can arise in the management of sites through underinvestment, neglect or anti-social behaviour.

This Managing Gypsy and Traveller Sites guidance should be read in conjunction with the Welsh Government’s Designing Gypsy and Traveller Sites in Wales.

Local authorities having regard to both guidance documents will help to ensure that local authority sites in Wales:

• are sustainable, well managed and that maintenance is planned and not always reactive
• have equivalent standards to those that would be expected on non-Gypsy and Traveller mobile home sites
• managed in collaboration with residents to create the necessary conditions to encourage and develop good relations between Gypsies and Travellers and the settled community, and between site residents and owners/managers

This guidance replaces the 2015 ‘Managing Gypsy and Traveller Sites’ guidance, embedding the goals of the Anti-racist Wales Action Plan.

In developing this guidance, the Welsh Government has aimed to compare standards with those that the settled community can expect to experience in local authority housing. In most cases the direct comparison is made to other types of mobile home sites, such as the Welsh Government standards under section 10 of the Mobile Homes Act 2013, but in some instances, it is appropriate to draw comparisons with social housing provision.

Through The Anti-racist Wales Action Plan, the Welsh Government has recognised that safe, culturally appropriate accommodation is necessary in order for individuals to flourish in other parts of their lives, and has committed to addressing the lack of site provision and poor quality of Gypsy and Traveller accommodation in Wales.

Local authority Gypsy and Traveller sites and transit sites were also brought within the definition of ‘protected sites’ within the 2013 Act, providing equal security of tenure for residents of these sites.

This guidance focuses solely on local authority owned or managed Gypsy and Traveller sites, both permanent and transit. More information about other types of sites can be found at Annex 1.

This guidance is aimed at those with day-to-day and operational responsibility for local authority owned or managed Gypsy and Traveller sites. This is likely to include a ‘site manager’ and a more strategic local authority ‘operational manager’.

The term ‘site manager’ is used in this document to describe any person with day-to-day responsibility for the running of a local authority site. The job title may vary from one local authority to another, and the roles and responsibilities laid out in this document may be equally applicable to a site ‘caretaker’ or a site ‘warden’.

Some local authorities have created an unofficial site warden position for the head of the extended family occupying the site. Although some of the responsibilities outlined in this guidance may apply to these positions, it is likely that ultimate responsibility for managing the site will fall on the local authority operational manager. This will be especially likely where the unofficial site warden is unpaid.

The ‘operational manager’ in this guidance is intended to refer to the local authority official with overall responsibility for these sites. Where the responsibility lies will depend on the specific local authority structure, since the department with management of these sites often varies between housing, planning and estates departments.

Some local authorities with small sites may opt not to create a specific ‘site manager’ role. Nevertheless, the responsibilities outlined in this document will still apply to the local authority who owns and manages these sites. Therefore, where this document refers to the responsibilities of the ‘site manager’, a local authority which has not made an appointment to that specific role should interpret those responsibilities as falling to their operational manager instead.

Where a local authority has outsourced the day-to-day management of any site, the operational manager is expected to ensure that due regard continues to be had to this guidance. The responsibility for the management of these sites remains with the local authority. The name of the person with day-to-day responsibilities for each local authority site should be notified to the Welsh Government.

The definitions of terms used in this guidance document are included in the glossary at Annex 1.