Draft guidance for managing Gypsy and Traveller sites - Chapter 3: working together

To achieve community cohesion both on the site and between the site and the settled community, it is essential that a good relationship is developed between the site manager and site residents. This relationship should be built on mutual trust and respect. Roles and responsibilities should be clearly defined with both parties understanding what they can expect from the other.

There should be an overall vision for the site. For example:

Our aim is a clean, well-managed, well-serviced site where residents feel safe and can live peacefully.

The vision should be supported by specific objectives that can be pursued to achieve the desired outcome. This should be supported by objectives which should be agreed on a site-by-site basis, to meet the needs of residents and the site owner. For example:

Over the next 2 years, the local authority will provide a children’s play area.

Service standards should also be set out, ideally mirroring local authority policy for social lettings in the area. For example:

• Urgent repairs to water supplies or sewerage should be completed with 24 hours.
• Communal areas will be cleaned by the site manager twice weekly.
• Site managers will consult with residents on an annual basis to understand the services required and will pursue opportunities for these to be provided.

Discussions in relation to site aims and objectives should be open to all residents and be sympathetic to any potential literacy barriers.

Careful consideration should be given to site objectives. They should be meaningful, firm commitments and should not be unrealistic. Final aims and objectives should be agreed in conjunction with residents where possible. The local authority may wish to provide that the site manager’s performance is appraised against these objectives.

Effective site management is key to a successful Gypsy and Traveller site and efficient maintenance forms a key part of this. Without this, the long-term viability of the site may be at risk causing residents to leave the site, potentially resulting in more unauthorised encampments.

A well-managed and well-maintained site may also help to foster good relationships with the settled community and help the surrounding community overcome common misconceptions about Gypsy and Traveller sites.

A site management and maintenance plan should be drawn up following consultation between residents, managers and local authorities, and be accessible to all residents and stakeholders. The plan should include planned maintenance and consider risk management in terms of responsive maintenance.

The maintenance plan should include the proposed schedule of ongoing work to ensure that the site continues to be sustainable in the long term. The maintenance plan may need to be submitted to the Welsh Government if the local authority is applying for Sites Capital Grant funding for refurbishment. This is to satisfy the Welsh Government that this funding is not being used to support unsustainable sites or pay for routine maintenance that should form part of the mobile home agreement

The maintenance plan should be flexible in terms of the changing needs of existing residents and the arrival of new ones. Where a site manager cannot (or is not expected to) take on the practical role of maintenance tasks, for example, litter picking or mowing grass, these should be referred to other departments within the local authority, i.e. Estates or Environmental Health, or arrangements made through procurement of these services. Where these tasks are referred to other departments or providers, it will remain the responsibility of the site manager to ensure these are completed and these should be included in the maintenance plan. Where a contracted manager is employed by a third-party management organisation, some of the responsibility for arranging these services may fall to the operational manager.

Whether the site management is being done in house or contracted out, residents should always have a main point of contact. There should be a named individual (e.g. the site manager) who is available during regular office hours and who will act as the initial point of contact to the local authority.

Residents should also be provided with out of hours emergency contact numbers, whether that be for the site manager or another housing official within the local authority. Whatever the arrangement, the contact details and numbers should be provided to residents in a clear and accessible manner.

Residents should expect the pre-determined office hours to be adhered to by the site manager (or an appointed substitute) except in cases of emergency.

In cases of holidays or extended leave, the local authority should arrange for site management cover and residents should be informed of these arrangements. This is especially important where residents rely on the site manager for day-to-day services such as the provision of electricity meter tokens or reporting faults. In circumstances where a third-party management organisation is appointed, they will be expected to arrange suitable cover and provide the relevant details to residents.

The mobile home agreement, as required under the 2013 Act, must also outline the obligations of the local authority as site owner. The local authority must comply with each of the following requirements:

• not doing anything or allowing anything to be done which would prevent the resident from being able to keep their mobile home in a sound state of repair, or from maintaining the outside of the mobile home, the pitch and the mobile home itself, in a clean and tidy condition
• provide on request, (and subject to the resident paying a maximum charge of £30 if required by the local authority), accurate written details of the size and location of the pitch and the base on which the mobile home is stationed
• provide on request by the resident, free of charge, documentary evidence in support and an explanation of:
  • any new pitch fee
  • any charges for gas, electricity, water, sewerage or other services which the resident must pay to the local authority under the agreement
  • any other charges, costs or expenses which must be paid by the resident under the agreement
  • be responsible for repairing the base on which the mobile home is stationed and for maintaining any gas, electricity, water, sewerage or other services supplied by the local authority to the pitch or to the mobile home
  • be responsible for repairing other amenities provided by the local authority on the pitch including any outhouses and facilities provided
  • maintain in a clean and tidy condition those parts of the site, including access ways, site boundary fences and trees, which are not the responsibility of any resident of a mobile home stationed on the site

Local authorities should decide which of these duties are to be the responsibility of the operational manager and which of the site manager. See Chapter 6: pitch agreement for more information.

Site managers may also be required to carry out additional duties, including (but not limited to):

• ensuring the safety of site residents through compliance with relevant legislation and guidance
• ensuring that all mobile home agreements, waiting lists and allocation policies are up-to-date and implemented in line with Welsh Government and local authority guidance
• liaise with organisations and agencies who deliver services on site to ensure lessons are being learned and best practice is being implemented
• facilitate necessary assessments and on-site meetings, where necessary
• manage the site budget, including ensuring that pitch fees and other fees are collected and processed as required

The mobile home agreement must be fully explained to residents in a clear and accessible way. Agreements should not just be presented as a written document without being accompanied by a verbal explanation. Residents should be made aware that a serious breach of the agreement may lead to legal action being taken against them, which may include eviction proceedings.

Residents may decide to form a residents’ association to ensure that they are consulted on matters relating to the management and is one which of the site. Under section 61 of the 2013 Act, a qualifying residents’ association is one which:

• represents the residents of at least 50% of the mobile homes on a site
• is independent of the site owner or manager
• has membership open to all residents (except live in managers)
• has rules and constitution open to public inspection and maintain a list of members
• has an elected chairperson, secretary and treasurer
• has decisions made through democratic voting, where each pitch has one vote

Where a qualifying residents’ association exists, it is mandatory for the local authority to consult the association about all matters which relate to the operation and management of, or improvements to, the site which may affect the residents either directly or indirectly.

Local authorities must also consult residents about making any improvements to the site in general, and particularly where the pitch fee is likely to be affected as a result of the proposed improvements being made.

However, it is always good practice for local authorities to take steps to obtain the views of residents on any matters about the operation and management of their site which are likely to affect them, even if there is no qualifying residents’ association.

The requirement to consult residents means giving them at least 28 clear days’ notice in writing of the proposed improvements. The consultation notice must describe in a clear and accessible way the proposed improvements and explain how they will benefit the resident in the long and short term. The notice must also explain how the improvements being proposed may affect the pitch fee when it is next reviewed and state when and where residents can make representations about the proposals. The local authority must take any representations made by residents about the proposed improvements into account before putting the improvements in place.

The requirement to consult a qualifying residents’ association means giving the association at least 28 clear days’ notice in writing of all matters which relate to the operation and management of, or improvements to, the site which may affect residents either directly or indirectly. The notice must describe the matters under consideration and how they may affect residents either directly or indirectly in the long and short term and explain when and where the association can make representations about these matters. Again, it is a requirement that the local authority take into account any representations made by the association before deciding whether or how to proceed.

Effective consultation will help to develop a sense of ownership for residents as well as fostering good relationships between residents, managers and local authorities. It will help to build trust between the parties and reduce the possibility of conflict.

Consultation discussions could be in the form of local forums or working groups. Discussions can be twofold; meetings may take place on site amongst residents and/or more formal official groups may take place. Resident representatives can be invited to join discussions with providers, such as the local authority, the police and Traveller Education Services, depending on what the proposal is. It can be beneficial to hold both so that the representatives can take forward the ideas and/or concerns/issues of the site. The site manager may be required to facilitate any forums on site, but it should be expected that these discussions may sometimes exclude the manager in order to encourage full and frank discussions amongst residents.

These discussion groups should allow an open and honest forum for residents to express concerns over, or support for, proposed plans and agree ways to move forward. The site manager should ensure resident representatives are aware of times and dates as well as the venue for the meetings and the proposed agenda. Care should be taken to ensure that the genuine views of residents are sought and considered properly.

Any consultation documents must be accessible and appropriate for a wide audience and should be available in other formats in addition to the written word. Where requested by residents, comments, discussion or consultation feedback should be anonymous.

Site managers should ensure that children and young people are given equal opportunity to use their right to be heard. This right is enshrined in the United Nations Convention on the Rights of the Child. Children and young people will often have a different view from their parents but may be as significantly affected by changes. Most proposals under consultation will affect children and young people living on site in some way and their views should be sought where this is the case. When consulting with young people it is recommended that site managers utilise the National Standards for Children and Young People’s Participation.

The local authority must issue residents with privacy notices setting out when and why their information will be collected by the local authority and whether the information will be shared with anyone else. Residents’ information should only be used for the purposes set out in the Privacy Notice. The site manager should also advise residents of their right to submit a Subject Access Request to obtain a copy of the information which the local authority holds about them. As the data controller, the obligation for compliance with data protection legislation when processing residents’ data will ultimately rest with the local authority.

It is important that it is made clear to residents which roles and responsibilities will be the responsibility of the site manager and which will be delivered directly by the local authority.

Just as residents should have an emergency point of contact, so should the manager; the manager should also have a named contact within the local authority for whenever they need to seek authorisation or advice necessary to fulfil their duties.

The site manager should ensure that the operational manager is kept well informed about the management and operation of the site, including finances, pitch vacancies and maintenance.

The site manager and the local authority should ensure they develop and maintain a strong working relationship to ensure the site is kept safe and to safeguard the wellbeing and cultural needs of the residents.