Draft guidance for managing unauthorised encampments - Chapter 4: roles and responsibilities

As stated in section 1, all public authorities, including the Welsh ministers, local authorities and other public authorities, have duties towards Gypsies and Travellers under the Equality Act 2010 and the Human Rights Act 1998. These duties must be taken into account when deciding how to deal with any unauthorised encampment on publicly owned land.

The Welsh Government does not have an enforcement role in response to an unauthorised encampment on public authority or private land without planning permission.

Where an unauthorised encampment occurs on Welsh Government land, the Welsh Government may consider whether to take any eviction proceedings as landowner. However, this would not be done without consultation with the relevant local authority, who have a duty to help those who are homeless or at risk of homelessness within their area. The responsibility for ensuing the welfare of the occupants on such an unauthorised encampment also remains with the relevant local authority, who have a range of statutory duties towards these individuals.

Where an unauthorised encampment occurs on local authority land, the local authority may consider whether to take any eviction proceedings as landowner. However, before doing so, local authorities will be aware of their statutory duty to help those who are homeless or at risk of homelessness within their area. Local authorities must also comply with their other statutory duties to ensure the welfare of these individuals.

Other public authorities (including national parks) as landowners, may consider taking eviction action against any Gypsy and Traveller communities who have set up an unauthorised encampment on their land. However, this should not be done without first liaising with the relevant local authority who have the statutory duty to help those in their area who are homeless or at risk of homelessness.

Private landowners experiencing unauthorised encampments on their land do not have to comply with the same statutory responsibilities as public authorities.

They must seek their own legal advice when seeking to resolve unauthorised encampments on their land.

The police have a range of powers to deal with unauthorised encampments. Local authorities should consider carefully whether any support is required from the police or whether it is appropriate to work directly with the Gypsy and Traveller community direct in the first instance.