Draft guidance for managing unauthorised encampments - Chapter 5: step-by-step guide to resolving unauthorised encampments

Local authorities should consider this section of the guidance when addressing an unauthorised encampment that has occurred in their area. Whilst each encampment should be assessed on a case-by-case basis, this section provides the tools for authorities to develop their approach.

Usually, the first awareness of an unauthorised encampment will come from reports by local residents or businesses in the vicinity of a newly-formed encampment.

Local authorities should ensure that they have an effective means of responding to encampments as soon as they occur. It is recommended that local authorities appoint a Single Point of Contact (SPOC) to deal with unauthorised encampments in their area and all local authority staff should be made aware of the contact details for the SPOC. It is especially important that complaints officers and switchboard operators have these details.

The SPOC does not necessarily need to be the same officer for every encampment. However, having a single contact for all issues relating to a particular encampment will help the local authority to respond swiftly as required. The local authority should ensure the SPOC has the support necessary to fulfill their role. Local authority leaders should ensure that all relevant departments can be coordinated effectively and key decisions made at a senior level.

Keeping local communities and businesses informed as to the local authorities proposals to deal with the encampment will help ensure community cohesion and manage the potential concerns of those in the surrounding area.

When first notified of an unauthorised encampment, the local authority should try and obtain as much information as possible from the person making the report, whilst respecting that they may wish to remain anonymous.

Relevant information may include:

• The location of the encampment.
• How long the encampment has been established.
• The approximate number of people and vehicles present.
• If any contact has been made between the person making the report and the occupiers, and if so, the outcome of those discussions.
• Whether the person making the report has any specific concerns about the encampment, such as the occupants blocking access of land or causing a public nuisance.
• Contact details for the person making the report if they wish to be kept up to date with the local authorities response to the encampment.

Once the report of the encampment is logged, it is recommended that the SPOC or lead officer conducts an encampment visit to assess the welfare of the occupants within 24 hours, as far as this is reasonably practicable. 

A local authority is subject to a number of duties relating to those living within their area, including those in education, children and housing legislation. These duties apply equally in respect of Gypsy and Traveller communities living on an unauthorised encampment. An effective welfare assessment will help local authorities demonstrate their compliance with these legal duties.

A universal template for a Welfare Assessment is available at Annex 3.

It is recommended that the welfare assessment is undertaken by the SPOC / lead officer.

The welfare assessment will enable the local authority to ascertain key information about the encampment including:

• Determining the safety of the encampment for both the occupants and the wider community.
• How many occupiers and vehicles (including caravans) are present.
• How many of the occupiers are children.
• Determine whether any specific support is required by any of the occupants, such as a need for permanent residential accommodation or any health or social care issues.
• How many of the occupiers are elderly.
• If any occupiers are disabled.
• If there are any health issues/medical conditions affecting the occupiers e.g. hospitalised relatives, pregnant women, post-natal mothers and babies, those recovering from serious illness or injury etc.
• If there are school examinations impending.
• What local authority services are considered appropriate.
• e.g. refuse collection, portable toilets, water etc.
• Reasons for and intended duration of stay.

The purpose of the encampment visit is to:

• identify any potential issues and the state of the land and the encampment Determine whether the involvement of additional agencies is required, such as Traveller Education Services or health professionals
• Determine whether any services will be provided on the site, such as waste or sanitation
• Assess whether it is reasonable to ask the occupiers to pay for any services which the local authority may decide to provide
• Inform the occupiers what action the local authority intends to take in response to the unauthorised encampment
• Provide the occupiers with key local contact details, including the SPOC or other lead officer who is conducting the assessment, and any relevant healthcare, education professionals and citizens advice

The local authority should ensure that any vulnerable occupants on an unauthorised encampment are made aware of the assistance and support they may be entitled to, and that, in particular, relevant departments are notified where:

• the occupants include those who are pregnant, children under 5, persons with pressing health issues or social care needs
• there are immediate risks to the occupiers, such as contaminated land or traffic hazards
• There are school-age children present, within 4 weeks of the end of term

The SPOC or lead officer undertaking the welfare assessment should have the training and expertise required to be able to properly assess the needs of the encampment occupiers. Local authorities should be aware that for cultural reasons some female occupiers will not participate in this process if they are approached by a male SPOC. It would therefore be good practice for a mixed gender team to undertake the Welfare assessment, where possible.

It should also be recognised that the quality and quantity of information gathered during the welfare assessment will depend, to some extent, on the relationship the SPOC is able to develop with the occupiers. Cultural awareness training and good communication skills can often be key to ensuring an effective assessment is completed. It may also be helpful to ensure that any local authority officers undertaking the welfare assessments are not the same officers who conduct enforcement proceedings.

Welfare assessments will provide the necessary information for the SPOC to liaise with relevant colleagues, such as those in the education and housing departments of the local authority or with health professionals.

Local authorities have no power to insist that information is given to them as part of the welfare assessment. Where an occupant has decided against sharing any information with the SPOC, a note of the questions asked and the decision not to answer should be kept, together with any reasons given for not responding. Occupiers should be informed that they may provide information through another person they trust, if they wish, and the SPOC should accommodate this where practicable.

Any personal information obtained in the course of visits and enquiries is subject to data protection legislation. Photographs of individuals should also be treated as personal data, if those individuals are identifiable. Authorities should make clear the purpose for which information is being collected and give assurances about how it will be used and with whom it might be shared.

Welfare assessments should be kept for audit purposes. They may also be required if any legal challenge is taken in response to any possession proceedings the local authority may subsequently pursue.

There can be considerable clean-up costs incurred by local authorities following the departure of an unauthorised encampment, whether voluntarily or as a result of court action. However, providing refuse collection, toilets, and water to occupiers can significantly reduce these clean-up costs. Welfare assessments can help local authorities to ascertain which of these services might be required by the occupiers.

Local authorities should seek to ascertain the circumstances of each family before deciding how to respond to an unauthorised encampment to ensure that the decision-making process is fully informed and based on all relevant considerations.

Good practice

In Wrexham, the local authority and local health board have an established agreement for Betsi Cadwaladr university health board to attend unauthorised encampments to undertake welfare assessments when required.

This system allows welfare needs to be properly assessed by professionals who are not involved in eviction procedures. This approach is likely to lead to increased participation on the part of the occupiers.

Wrexham County Borough Council and Betsi Cadwaladr University Health Board (Welfare assessments).

The local authority may decide to visit the encampment on subsequent occasions to ensure they are able to fulfil their statutory duties towards the occupants.

The occupiers should also be advised that they may contact the SPOC or other lead officer from the local authority to request an additional visit if they consider any additional assessments are required to safeguard their welfare.

When providing occupiers with useful information and contacts, it will be necessary to consider any need for accessible materials. Some Gypsies and Travellers may have literacy issues and so it is important that local authorities ensure that occupiers are able to read and understand any Code of Conduct agreed with them and any other materials which may be provided

Unauthorised encampments are, by definition, unlawful. However it is recognised that until the issue of site provision is properly addressed unauthorised encampments are likely to continue to occur.

Each encampment must be considered on its own set of circumstances, taking into account factors such as health and safety considerations for the occupiers, traffic hazards, public health risks, environmental damage, public nuisance and proximity to other sensitive land-uses.

When assessing the circumstances of those on the encampment, it is particularly important that local authorities consider how any eviction actions would impact any vulnerable members of the group, such as those who have pressing health or social care needs or children. This assessment will help local authorities to determine the most appropriate course of action, balancing the interests of the occupiers against those of the surrounding settled community.

A local authority may consider it appropriate to approve an unauthorised encampment in certain circumstances, either on a long-term or short-term basis.

This decision will be determined by a number of factors, including:

• The welfare assessment.
• Local circumstances.
• The expected duration of the encampment.
• Whether the occupiers are in transit to another destination (such as to meet family or to a harbour) and are only stopping for a short period.
• General considerations such as health and safety hazards, traffic issues, public health risks and the impact on other land users.

There may be locations where the encampment may not be considered acceptable for any period of time, for example:

• National Nature Reserves, Special Areas of Conservation and Special Protection Areas and sites of Special Scientific Interest.
• School car parks or playing fields.
• Car parks for other key facilities, such as hospitals.
• Urban parks.
• Public playing fields.
• A site where pollution or waste from vehicles could damage ground, water or water courses.
• An area with toxic waste or other serious land contamination.
• The verge of a busy road which poses a danger to the occupiers of the encampment.
• Sites where there is potential for significant harm or disturbance to protected species known to be present at, or in close proximity to, the site.

The particular circumstances of some locations may also be material considerations for local authorities when determining whether an unauthorised encampment may be accepted for any time period. This may include a location where there is flood risk or an encampment in a sensitive location, such as a National Park or Area of Outstanding Natural Beauty. Natural Resources Wales (NRW) can advise local authorities on consideration of these issues.

The local authority and relevant partner agencies will need to decide whether the individual circumstances of the encampment, for example the risks to public safety or the impact on the local community, outweigh the interests of the encampment occupiers.

Where the welfare assessment identifies serious safety and welfare concerns for the occupiers, a local authority may wish to take immediate action to either rectify the safety concerns, temporarily relocate the encampment, or evict the occupiers.

Relocating an encampment will be far easier if the local authority has established a temporary/negotiated stopping place to be utilised.

The welfare assessment may also identify urgent concerns, which may suggest the need of immediate medical or social care responses from the local health board or local authority.

In these circumstances a decision may be made to allow the encampment to remain on a short-term basis. However, any decision to approve an unauthorised encampment should be closely monitored. In particular, if the encampment exceeds the expected stay, the local authority may wish to reconsider how best to proceed. Local health and education professionals have anecdotally reported upon the benefits of a temporary/negotiated stopping place, if only for a short period of time, as children are able to benefit from education and healthcare.

Local authorities who provide transit sites and temporary/negotiated stopping places, rather than simply taking reactive enforcement action against unauthorised encampments, will often save money in the long-term. Adopting the following approaches to unauthorised encampments can be cost-effective:

• Providing local authority pitches and sites for Gypsies and Travellers where there is identified need in the area. Local authority pitches allow for local authorities to charge rent, rates and council tax to residents.
• Identifying temporary/negotiated stopping places within the locality where unauthorised encampments could be relocated and managed for a short time. Local authorities could avoid unnecessary enforcement costs if the encampment is able to access a temporary site.
• Providing services such as refuse collection, toilets, and fresh water can reduce clean-up costs.
• Encouraging the occupiers to pay for the services that the encampment uses can recoup a significant amount of the local authorities expenditure.

Good practice

In January 2011, Leeds City Council published the findings of the Neighbourhoods and Environment scrutiny panel, which recommended a pilot ‘Negotiated Stopping’ scheme. The scheme reviewed possible land for temporary stopping places using the following criteria:

• That the land was a ‘defensible space’ in that land available was restricted and any encampment therefore would be restricted in size.
• That there was some ‘buy-in’ to the project among local business owners, the police and elected members.
• The location was safe for the occupiers and that they were prepared to stay there.

The initial agreement lasted 3 months and the authority provided waste disposal and toilets for each family. Leeds Gypsy and Traveller Exchange (GATE) provided liaison support between occupiers and the local authority.

A second location was found soon after and local elected members indicated that they were content for the scheme to be extended. Leeds City Council estimates that it has saved in excess of £100,000 so far through reduced eviction and cleanup costs associated with unauthorised camping.

Leeds City Council and Leeds GATE (Temporary/negotiated stopping place).

In most circumstances, local authorities will have three paths from which to follow when resolving the issue of an unauthorised encampment and it is important that they carefully consider each option:

• Path 1: to accept the unauthorised encampment, whether for a short time or longer term, until the group move on voluntarily or an alternative site can be found.
• Path 2: to identify an alternative site, whether for a temporary basis or longer term, and ask the Gypsy or Traveller occupiers to move onto it.
• Path 3: to seek and obtain possession of the occupied site (eviction proceedings).

Path 1 cost-benefit analysis has shown that accepting the encampment for a short period of time may be the most effective solution for all. If this path is chosen, and the occupiers should be asked to agree to a Code of Conduct. Similar benefits have been identified under Path 2.

Path 3 may be followed where the local authorities welfare check has identified the current site of the unauthorised encampment as unsafe or inappropriate but the need for culturally appropriate accommodation in their area is nonetheless recognised. Before deciding which path to follow, local authorities should consider whether any of the occupiers have submitted a homelessness application to them, and how the local authority can best meet their statutory duties towards any occupants who are homeless or at risk of homelessness, which will need to be processed by the local authority.

Public authorities following this path need to be satisfied that possession action is justified and proportionate and does not unlawfully interfere with the ECHR rights of the occupants. Welfare assessments will help demonstrate that the local authority has considered all relevant information and reached the decision to evict after balancing the rights or those occupiers with those of the wider settled community. Consideration may be given as to whether to liaise with the police about the intention to evict the occupiers.

The Code of Conduct template at Annex 2 is intended as a typical example of a negotiated agreement between the local authority and the encampment occupiers. The specific requirements of each encampment may require an amended version of this template. The objective in negotiating a code of conduct should be to reach agreement on the responsibilities of all parties, taking into account cultural differences between travelling and settled communities.

The code may outline the provision of services to the encampment, including any arrangements for water supply, refuse and sanitation. This code may also include a provision to allow the local authority access to provide these services, as anecdotal evidence suggests that clean-up costs are much reduced where suitable agreement can be reached.

The encampment should be monitored to ensure that any negotiated code of conduct is complied with and to ensure that there are no unexpected or adverse effects for the local community. As the code is voluntary, it is not enforceable in the courts, but it may provide evidence of the conduct of the occupation if the local authority subsequently considers taking enforcement action.

Whilst it is acceptable to request payment for any services that the local authority provides to occupiers, it should be recognised that some may not be able to afford to pay. The local authority should consider whether access to these services should still be provided even where costs cannot be met by occupiers. This is especially relevant where children, elderly people, people with a disability, pregnant women or individuals with pressing health needs are present on the encampment. If authorities are not providing waste disposal facilities to an encampment, they should also consider whether occupants can utilise the local civic amenity site with the vehicles they possess. Information about this service should be provided to those on the encampment, where appropriate.

Whichever path is chosen, the local authority and relevant agencies should document all the evidence on which their decision was based, including welfare assessments and the factors taken into account when deciding which path to pursue. All stakeholders, including local residents, the occupiers, and agencies involved, should be kept informed of how the local authority is responding to the encampment, as appropriate.

There is no statutory limit on the duration of a temporary/negotiated stopping place. However, if an encampment seeks to remain in the area on a long-term basis, this could suggest the need for a local authority site for those occupants. Local authorities will be aware of their statutory duty to accommodate Gypsies and Travellers residing or resorting in their areas under the Housing (Wales) Act 2014.