Draft guidance for managing unauthorised encampments - Chapter 2: understanding unauthorised encampments and possible remedies

Unauthorised encampments vary in purpose and may occur for a number of reasons. A key reason for unauthorised encampments is the lack of local authority sites, transit and temporary/negotiated stopping places, and the closure of many traditional stopping places.

The Welsh Government respects and supports the nomadic lifestyle of Gypsies and Travellers and recognises that unauthorised encampments may occur due to lack of sufficient and appropriate temporary site provision. It is understood that addressing the issue of unauthorised encampments must be considered in the wider context of the unavailability of site provision.

Delivering more local authority sites coupled with effective site management will help remove the need for unauthorised encampments. It is vital that local authorities have protocols in place to deal appropriately and proportionately with unauthorised encampments. As transit sites and temporary/negotiated stopping places are developed, managing unauthorised encampment protocols will need to be invoked less and less, thereby reducing the administrative and financial implications of local authorities having to respond.

Where unauthorised encampments occur, local authorities should, as far as is practicable, ensure they are safe for the individuals concerned and do not have an adverse impact on the land.

It is likely that each unauthorised encampment will differ from the next. They may vary in terms of:

• Size: typically, encampments will consist of just a few caravans but can increase significantly in relation to major funerals or weddings or traditional cultural fairs.
• Location: from concealed grassland areas to protected land or highly visible areas e.g. on the roadside. Increasingly, encampments are occurring on industrial or business parks.
• Impact on settled community: as with the settled population some encampments may cause a nuisance to the local community while others may be peaceful.
• Impact on the land: some encampments may leave an area unspoilt and tidy while others may cause damage to the land and leave waste behind.

Gypsies and Travellers may be on unauthorised encampments for a variety of reasons, for example:

• The occupiers have no local authority pitch on which to station their caravan.
• Newly married couples may have left their parents’ pitches but have no legal pitch of their own.
• To attend a family event in the local area such as a wedding or funeral.
• Attempts to adjust to living in ‘bricks and mortar’ may have failed.
• To rest overnight whilst travelling to another location, for example, to a permanent site or a port.
• Health reasons, for example if a member of the group requires urgent medical care, a visit to a GP for medication or if a pregnant woman is approaching her due date.
• To find work.
• To allow children and young people to attend school or tertiary education.
• To provide a respite from travelling for an elderly or sick member of the group.
• Longer term encampments will often occur for education or healthcare reasons, or simply because there is no alternative pitch available.
• Shorter term encampments can occur for a wide range of circumstances and may last only for a specific time period, such as the duration of wedding celebrations or a period of hospital treatment.

Both short and longer term unauthorised encampments are likely to have an impact on the local area in terms of the provision of services and access to the occupied land.

Local authorities should recognise that it may be more proportionate and cost effective to provide a pitch for those on an unauthorised encampment, even if that is a temporary pitch within a temporary/negotiated stopping place, rather than taking any enforcement action against them. Developing and providing local authority pitches and sites could help community cohesion, limit the potential of any damage to public land and reduce clear-up costs. Such sites would also provide revenue for local authorities as occupants would pay a pitch fee and Council Tax.

A temporary/negotiated stopping place is a site with appropriate planning permission where Gypsies and Travellers are permitted to stay with the permission of the landowner, usually a local authority. Temporary/negotiated stopping places can be provided to relocate unlawfully located encampments whilst alternative sites are progressed. These are intended to be a strictly temporary measure where local authorities do not have suitable permanent or transit provision available within their area. They are not a long-term solution and local authorities must still meet their duties to provide appropriate accommodation for Gypsies and Travellers under the Housing (Wales) Act 2014.

The requirements relating to sites within the Mobile Homes (Wales) Act 2013 do not apply to temporary/negotiated stopping places as these are not local authority or transient sites. However, Temporary/negotiated stopping places should always provide basic amenities for occupiers, including waste disposal, water supply and sanitation. Those families who use temporary/negotiated stopping places should also have a welfare assessment conducted by the local authority as soon as possible to ensure the local authority meets their statutory duties towards those individuals.

As of publication of this guidance there is a need for 277 pitches to meet identified need within the latest cycle 2 (2016 to 2022) GTAA, which represents a significant shortage of appropriate accommodation for these communities.

If an unauthorised encampment arises and there are no alternative local authority pitches in the area, local authorities have 3 main pathways to respond to this. Each option should be carefully considered:

• Path 1: to negotiate with the Gypsy or Traveller occupiers and agree to the unauthorised encampment for a strictly limited time.
• Path 2: to find an alternative site or agree a temporary/negotiated stopping point elsewhere, even if only on a temporary basis, until a suitable longer term or permanent site can be found or the occupiers move on voluntarily.
• Path 3: if Paths 1 and 2 do not resolve the situation or are inappropriate for any reason, seek and obtain possession of the occupied site (eviction proceedings).

Deciding which path to take is about finding a fair balance between the rights of Gypsies and Travellers and the rights of landowners and the public. Each encampment should be dealt with on a case-by-case basis.

Local authorities should undertake a welfare assessment on all those on the encampment to understand their needs and to ensure those needs are addressed as required under the statutory duties of the local authority. The local authority should also liaise with other services that may have responsibilities towards the occupiers. These checks should be done as quickly as possible, ideally within 24 hours of the local authority becoming aware of the encampment, (as far as this is reasonably practicable). A welfare assessment pro-forma can be found at Annex 3.

Welfare assessments can also help local authorities understand the families’ accommodation needs and whether they require a pitch on a transit site or a temporary/negotiated stopping place.

Encampments will often be first identified by local residents and businesses who are concerned about the potential impact on them. Concerns may range from the potential for a public nuisance, fly-tipping, expanding camps and permanent occupation. The public may have expectations that encampments may be cleared as quickly as possible after the local authority has been notified. However, whether or when any eviction action will be taken against the encampment will depend on the circumstances in each case.

The decision on whether to take eviction action should be made only after consideration of all the circumstances of the case, including whether the occupants have any particular welfare needs and the extent to which the encampment is causing a public nuisance.

Evicting occupiers from an unauthorised encampment will often lead to extensive costs being incurred by the local authority and police force and take time to resolve. It may also fail to provide a long-term solution: where the occupiers had set up an unauthorised encampment in the general local authority area due to a lack of alternative pitches; in the absence of any temporary alternatives, they may move to another unauthorised encampment within the same area.

Proactively identifying temporary/negotiated stopping places can provide a pragmatic and cost-effective solution and enables the local authority to relocate an encampment from an inappropriate location whilst recognising the need to provide support to the occupiers.

Where Gypsies and Travellers are considered to be homeless or at risk of homelessness the Housing (Wales) Act 2014, local authorities may wish to consider whether it would be appropriate to negotiate and accept an unauthorised encampment until the outcome of any homelessness application is known, unless the encampment is an immediate threat to public safety or community cohesion.