Draft guidance for managing Gypsy and Traveller sites - Chapter 2: where to begin?

The local authority owner or leaseholder has responsibility for the general maintenance and upkeep of their sites, including repairs and compliance with the terms of the 2013 Act. Chapter 3 of Schedule 2 to the 2013 Act sets out the implied terms that apply to all transit pitches of a local authority site and Chapter 4 sets out the implied terms that apply to all permanent pitches of a local authority site.

It is the responsibility of the local authority to decide how their sites will be managed on a day-to-day basis.

There are 3 basic site management options:

• In-house
• Contracted
• Site leases

The local authority must ensure that decisions about the way in which any site is to be managed are made only after they have obtained the views of the residents or potential residents of the site. As the site occupants, residents will have important views on the most appropriate and viable solution.

Paragraph 52 of Schedule 2 to the 2013 Act expressly requires the local authority to consult residents about improvements to be made to a permanent site in general, and in particular, about those which the local authority wishes to be taken into account when determining the amount of any new pitch fee. The local authority must also consult a qualifying residents’ association (if there is one) , about all matters which relate to the operation and management of, improvements to, or any proposed change of use of, the site and which may directly or indirectly affect the residents on the permanent site.

In house management may be provided by local authority officials with relevant experience or expertise, which should include experience of engaging with Gypsy and Traveller communities.

The site manager employed by the local authority may be from within the Gypsy or Traveller community and may also live on site. Where the manager lives on site, it is important for local authorities to ensure that appropriate training is provided to ensure the individual is competent to undertake this role (see Training section).

Prior to appointing an onsite manager, local authorities should consult with existing site residents.

The local authority, after consulting with site residents, may choose to contract out the management of a site to an external organisation. care should be taken before making this choice as anecdotal evidence suggests that sites with contracted management arrangements have suffered from underinvestment in site maintenance and strained relationships with site residents. However, consultation with residents may help identify solutions to such issues.

The local authority will retain ultimate responsibility for the management of the site, as the site owner, even if management of the site is contracted out to a third party.

Contracting arrangements will be subject to each local authorities own procurement policy. Local authorities will be expected to ensure that any person appointed has the necessary skills and experience to fulfil this role, including experience of engaging with Gypsy and Traveller communities. It is recommended that all contracted management arrangements include a requirement for regular appraisal of performance against agreed objectives. The local authority should ensure that it has the ability to terminate the contract if there is evidence of poor performance.

Before entering into any management contract, the local authority must ensure that due regard is had to any model standards specified by the Welsh Ministers under section 10 of the 2013 Act and to this Guidance and that the implied terms set out in Chapters 3 and 4 apply to the site as required.

Local authorities should also ensure that they approve any express terms the external manager seeks to impose before they are proposed to residents.

Management contracts must ensure that all personal data and sensitive personal information is processed in line with the Data Protection Act 2018 and UK GDPR.

A different approach to site management could be achieved through site leasing.

Local authorities may wish to lease their sites to organisations which possess particular experience in working with Gypsy and Traveller communities and have a sound cultural understanding of what is required to effectively manage such sites.

Such partnerships may offer better value for money and improved relationships with residents, but any qualifying residents' association a must be consulted before a local authority decides to enter into such an arrangement as required under the 2013 Act.

Under this type of management arrangement, the local authority retains responsibility for ensuring that the site is managed properly and in compliance with the 2013 Act and local authority policies and procedures.

The appropriateness of these management options will depend on the circumstances of each individual case. Maintaining direct site management will ensure that the local authority is aware of any concerns or maintenance issues at an early stage. This will also help to ensure the consistent management of these sites, replicating the management of social housing stock as closely as applicable.

A decision to contract management or lease the site should never be made on financial grounds alone. Whilst cost is a factor which local authorities may take into account, the final decision should be made on the basis of what would be the most appropriate option to ensure compliance with this guidance, the most effective management of the site and the best relationship with and outcome for site residents.

Local authorities should will their own recruitment procedure for the site manager role, as appropriate.

However, the recruitment process should be open and fair and ensure equal opportunities for all applicants. Various advertising media should be considered so that the recruitment process is accessible to all, including Gypsy and Traveller representatives or site residents. For example, listing the opportunity in community publications such as ‘Travellers’ Times’ should be considered. An advert should also be made available on the site itself to ensure that residents are made aware of the opportunity.

Where an organisation is to be contracted to manage the site, local authorities must consider the prospective site manager’s suitability for the role.

It should be recognised that a requirement for a site manager to hold formal qualifications could restrict the eligibility of a number of Gypsy or Traveller applicants, and local authorities can mitigate this by providing the appropriate training and support to help members of the community apply. A basic level of maths and English may be required to ensure administrative tasks can be completed effectively. However, experience of housing management and of working directly with Gypsies and Travellers are likely to be amongst the most important requirements for this role. A strong commitment to equal opportunities and community cohesion, including within and between other communities is also required. Site managers must be able to demonstrate an awareness of and ability to comply with Welsh Government and local authority policies for managing local authority sites, and the legal requirements relating to mobile home agreements and site management under Schedule 2 to the 2013 Act.

Potential managers should also be able to demonstrate well developed interpersonal skills in order to be able to communicate effectively with all stakeholders in varying situations and also to gain the trust and respect of the residents.

Local authorities should strongly consider including a site residents’ panel as a component of the site manager interview. Alternatively, candidates could be invited to visit residents at the site, if residents agree. These approaches could provide useful evidence of the applicant’s experience of working with members of these communities and provide a good foundation for good relations the successful site manager.

Members of any residents’ panel should be made aware that whilst their opinions will form an important part of the recruitment process, the final decision will be made by the local authority (and/or the contracted management organisation, if applicable).

All applicants should be advised that as the successful candidate will be working with vulnerable groups, including children, any appointment will be subject to an Enhanced Disclosure and Barring Service (DBS) check (formerly Criminal Records Bureau check).

Once a site manager has been appointed, their training needs should be considered. health and safety, first aid training and fire safety training (including how to use and test equipment held on site) should be provided by the local authority, where necessary. Site managers are likely to need to undertake risk assessments on sites so should be provided with the necessary training to ensure that they can be competent at carrying out these assessments.

Cultural awareness and equality and diversity training should be provided as it is essential for the site manager to understand the Gypsy and Traveller way of life in order to sensitively and successfully manage the site and gain trust and respect from the site residents. Where the manager does not have a Gypsy or Traveller background, it is particularly important that suitable training is given. Undertaking equality and diversity training should also help site managers to consider how to respond to the needs of young people, elderly or disabled residents (for example) living on site. This training is often available from organisations supporting these communities, such as those listed in Annex 2.

Site managers should be fully aware of hate crime legislation and the protection given to Gypsies and Travellers under the Police, Crime, Sentencing and Courts Act 2022. They should also be aware of the rights and protections given to these communities under the Equality Act 2010.

Training such as how to comply with data protection and freedom of information legislation may be valuable in the context of the personal information which site managers will need to process.

Wider training in the social housing context would also allow a broad overview of housing issues and familiarise the new manager with general current housing issues and policies. Such training will help to ensure that local authority sites are not managed in isolation of prevailing approaches and developments in other types of social housing provision.

The site manager should be in a position to advise residents on issues such as how to access advice on Universal Credit / Local Housing Allowance. In a general sense, levels of literacy in Gypsy and Traveller communities remain lower than in the wider population and these forms can be difficult to complete. The site manager should be equipped to provide residents with a suitable point of contact who will be able to provide assistance. However, site managers should not be expected to advise residents on which state benefits they should claim or sign the declaration on any claim form. Site managers may wish to refer residents to guidance from Citizens Advice Bureau including the Advice and Advocacy services outlined in Annex 2 on how to identify their entitlement to benefits and to correctly complete these forms.

It may be useful to commence the appointment of a new site manager before the outgoing manager has given up their post to allow for a period of shadowing.

A manager should have a good understanding of the site before taking responsibility for it. They should work with the site owner and, if possible, the outgoing site manager, to become familiar with the site and the residents. Some of the history of many of the local authority sites in Wales can be understood through the Welsh Government-commissioned Accommodation Needs of Gypsy-Travellers in Wales report by Pat Niner (“the Niner report”).

Where an existing site manager is in place, procedures should be created for the handover of the site to the new site manager. These should include:

• identifying any maintenance issues
• providing plans or layouts of the site including dimensions, pitch boundaries and fire breaks (a aerial photograph would be very beneficial)
• lists of residents and which pitches they occupy
• information on the electricity and water suppliers and supply location as well as details on all other service suppliers such as gas bottle suppliers and any waste removal arrangements that are in place
• details about existing pitch agreements

The site manager should familiarise themselves with and build good links with site stakeholders.

These typically include:

• each relevant local authority department, such as housing, education and health and social care
• the neighbouring housed community
• the neighbouring business community
• service providers to the site
• emergency services
• police services
• other Gypsy and Traveller sites in the local authority
• Gypsy and Traveller organisations/representation groups
• The Gypsy Roma Traveller Advocacy and Advice contract holder
• the Welsh Government

Developing strong working relationships with these stakeholders will encourage effective site management and community cohesion.

In terms of utilities, site managers should keep a record of:

• the suppliers
• procedures for provision of gas, electricity and water
• procedures for provision of waste disposal facilities
• payment arrangements
• service arrangements and dates for inspection/maintenance
• emergency contacts and procedures including shut off points and fire hydrant points

All keys for the site should be handed over to the new manager and a log kept by the site owner of the keys given. Where all keys cannot be accounted for the owner should consider having new locks installed.

The new manager should be given all relevant accounting information including an up-to-date and comprehensive list of:

• pitch fees (including where these vary according to size)
• utility rates
• other service charges
• payments made and dates received (a record book should be in operation for each pitch)
• outstanding payments or arrears

Where any payment arrangements are not yet in place, it should be agreed whether the sums due are paid directly to the local authority / contracted management organisation or to the site manager. It is recommended that pitch fees are paid directly to the local authority. However, if these fees are paid to the site manager a system should be implemented to record the payments received and the transfer of fees to the relevant local authority. In these instances, residents should be issued with a ‘rent book’ as per standard tenancies. Similar arrangements should be considered for handling payments for utility services. Residents may request evidence of charges under paragraph 52(1)(b) of Chapter 4, Schedule 2 of the 2013 Act.