gypsies_travellers
Tackling Unlawful Encampments
Wendy Rider and Charles at the cleanup after an unlawful encampment on Waveney Green
We always inform the Council immediately of any unauthorised encampment in Brickhill. Bedford Borough Council takes unauthorised encampments very seriously. The Council works with Bedfordshire Police and other partners to take action where there are unauthorised encampments. It also takes action to prevent further unauthorised encampments.
What does the Council do?
The process of removal starts as soon as an encampment takes place. Those camping unlawfully are informed of their obligations and the consequences of not leaving immediately.
The Council have legal powers to remove encampments but is required by law to follow a legal process which considers the human rights of people in the encampment, including the welfare of any vulnerable people and children in the encampment. The council is obliged to complete checks which will normally be completed within one working day of the encampment arriving. To remove an encampment which includes vehicles the Council will usually use powers to issue a legal notice ordering the encampment to leave within no more than 24 hours.
If the encampment refuses to leave the Council has to apply to the Magistrates’ Court for an order requiring the encampment to move on. The Court will decide when the hearing for the removal order takes place and this normally takes about a week. Once the order is obtained the Council will instruct enforcement agents to remove the encampment straight away.
What can the Police do?
The Police have additional powers (Section 61) which the council does not have. They can remove an encampment immediately if there are six or more vehicles. They can also take action where there is damage caused to the land or any property on it or threatening, abusive or insulting words or behaviour to the lawful occupier of the land. The Police do also have to consider the welfare and human rights of people in the encampment and have a policy for using these powers. The Council alerts the Police to all encampments involving vehicles and works closely with them to request action. It is important if you see any criminal activity to report it directly to the Police.
How long before the encampment must leave?
This depends on whether the police are willing to take action as they should. The legal actions that need to be used by the council may take a week or more depending on allocation of time by the court.
How long will it take to clear up afterwards?
The Council takes action regularly to clear rubbish, littering, human excrement etc., as quickly as possible. Normally, this will be done either on the day the encampment leaves or the following working day. It may take a little longer if there are large amounts of rubbish.
Can the Council get a Court Injunction to stop encampments with vehicles?
The Council has injunctions in place for several locations where there has been repeated encampments in the past and will consider other locations on a case by case basis. For an injunction to be issued by the Court the Council must be able to prove that encampments on a particular location are causing serious problems and disruption and the Council must gather sufficient evidence to support such applications. However contrary to reports in the media an injunction does not mean that an encampment can be removed any faster – the Council still has to go through a legal process to enforce the injunction.
It is important to understand that injunctions do not necessarily prevent encampments, but do make it an offence for a person to camp on land being aware that an injunction is in place.
Waveney Green
We have sought to use legal means to prevent these encampments and since a High Court Injunction was placed on Waveney Green there has only been one brief episode and the encampment was quickly moved. However recent challenges have been made in the courts by travellers and the same court process now has to be engaged when encampments refuse to abide by the injunction, causing delays. We have also negotiated with the police to ask them to use their Section 61 powers which allow them to immediately remove encampments of six or more vehicles when they were located on public land. On some occasions the police have done this and we believe this is the best and fastest way to remove disorderly unlawful encampments. We will always ask the police to do so.
These encampments are a criminal disturbance to our community and there is a cost involved in dealing with them. The lengthy court process and the cleansing of the sites all involve large numbers of already stretched council staff. We are extremely grateful to council officers who always respond immediately as soon as we report an encampment and action is taken through the courts as quickly as possible.
