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Gypsies and Travellers - frequently asked questions

Residents often ask why the council and the police do not evict Gypsies and Travellers as soon as they arrive on a public open space or other land. Here are some frequently asked questions which we hope will explain why.

Everyone has rights, including Travellers / Gypsies and people on whose land unauthorised camping takes place and the community. District councils work closely with Dorset County Council's Gypsy and Traveller Liaison Service.

Gypsies and Travellers are protected from discrimination by the Race Relations (Amendment) Act 2000 and the Human Rights Act 1998.

Councils and police have powers to evict unlawful trespassers but must follow specific procedures if they are to successfully obtain an eviction order from the courts.

Can the council remove Gypsies / Travellers from their land immediately?

No, the council must:

  • Show that the Gypsies / Travellers are on land without consent
  • Make enquiries regarding the general health, welfare and children's education
  • Ensure that the Human Rights Act 1998 has been fully complied with

Follow a set procedure in terms of proving ownership of the land, details of the illegal encampment, service of notices and summonses that will enable them to successfully obtain the necessary authority from the courts to order the Gypsies / Travellers to leave the site.

How long will it take for the Gypsies / Travellers to be removed?

This will depend on the circumstances of each individual case. The council will need to take account of the issues outlined above as well as how soon they can obtain a court hearing date.

Can the court refuse to grant the council an order to move Gypsies / Travellers on?

Yes. If there is an unavoidable reason for the Gypsies / Travellers to stay on the site or if the court believes that the council has failed to make adequate enquiries regarding the general health and welfare of the Gypsies / Travellers. The council must try to find out this information before going to court.

If Gypsies / Travellers camp on private land, what can the landowner do?

If Gypsies / Travellers are on private land, it is usually the landowner's responsibility to take the necessary action to evict them. The landowner can attempt to agree a leaving date with the Gypsies / Travellers or take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction.

If the landowner fails to take appropriate action to remove the Gypsies / Travellers, what will the council do?

Unless the landowner has already obtained planning permission for a caravan site the landowner may be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites.

If the landowner is in breach of any planning or license requirements, then the council may take proceedings against the landowner to require removal of the illegal encampment.

What can the police do?

The police will visit the site and in certain circumstances the police may use powers under Section 61 of the Criminal Justice and Public Order Act 1994. These powers will only be used in situations of serious criminality or public disorder not capable of being addressed by normal criminal legislation and in which the occupation of the land is a relevant factor. It is for the police alone to decide if Section 61 is to be utilised.

The police are bound by the Human Rights Act and may be constrained to avoid using section 61 in circumstances where it would preclude welfare considerations from being applied by the civil courts.

The duty of the police is to preserve the peace and prevent crime. Trespass on land by itself is not a criminal offence. Prevention of trespass and the removal of trespassers are the responsibility of the landowner and not the police. The police will investigate criminal and public disorder.

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