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What the law states
Gypsies and Travellers are protected from discrimination by the Race Relations Act 1976 and the Human Rights Act 1998, together with all ethnic groups who have a particular culture, language or values.
What does this mean to the travellers?
There are no sites designated for encampment in Torbay and no encampment can take place without the expressed landowner's permission.
As there are no sites within the Bay, you need to seek the permission of the landowner before setting camp. If you do not receive such permission, then it is likely that you will be asked to leave and the landowner may seek a repossession order to evict you from the site.
You have a responsibility to have a limited negative impact on the site you camp on and the local community.
What does this mean to the landowner?
It is your responsibility to remove travellers who have set up camp without your permission. Your first step should be to talk to the travellers and agree a suitable leaving date.
If you wish to take formal action, you are able to take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction. There must be a minimum of two clear days between service of documents and the Court hearing.
Unless you have already obtained planning permission for a caravan site or you are a farmer and the Gypsies/Travellers are helping with fruit picking etc., then you could be in breach of the Planning Acts and the Acts dealing with the licensing of caravan sites. You may wish to seek further advice from the Council Community Safety team who licence caravan sites or from our planning team about relevant permissions.
If you are in breach of any planning or licence requirements, then you will be open to formal Council proceedings to require removal of the illegal encampment.
What does this mean to the community?
Travellers' way of life means that they travel the country staying for various periods of time in different locations, in order to earn a living. This has been their way of life for many generations. As a result, they need places to set up camp for a few days. However they also need to comply with the laws of the land. The Government has advised that when Gypsies/Travellers are not causing a problem, the site may be tolerated.
You can inform us on the location of an encampment. We will need to know how many vehicles there are, a rough count of people and when they arrived on site. Torbay Council will follow up any encampment on public land, however will not be able to apply for repossession of sites owned privately; this is the responsibility of the landowner.
What does this mean to Torbay Council?
Torbay Council will usually not allow encampments on public land, therefore we will liaise with the travelling community to agree practical, timely and reasonable timescales to vacate the land. Each case will be taken on its own merits.
In all cases the site is visited and every effort made to make sure that the Gypsies/Travellers keep the site tidy and do not cause public health problems. This sometimes means that refuse and other waste collection facilities may be provided for this purpose.
Reposession of the land takes time, this is a legal process which must be adhered to. Failure to go through each step systematically will result in an application being refused by the Court and further delays in managing the site.
Torbay Council must:
- show that the Gypsies/Travellers are on the 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 land and details of the illegal encampment
- apply for the necessary authority from the Courts to order the Gypsies/Travellers to leave the site.
The application will be reviewed by the Court: if there is an unavoidable reason for the Travellers to stay on the site, or if the Court believes that the Council have failed to make adequate enquiries regarding the general health and welfare of the Gypsies/Travellers, the application may be refused.
Once the order has been granted, there is no more Torbay Council can do. Enforcement of the order is the responsibility of the Court and bailiffs may be sent to remove occupants.
It is important to note that a reposession order is only valid for single groups and this process may need to be followed repeatedly if several groups successively set up camp on public land.
What does this mean to the Police?
The Police will visit all sites reported to them. In certain circumstances (for example, where the Gypsies/Travellers have with them six or more vehicles), officers 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 trespassory occupation of the land is a relevant factor.
The Police are bound by the Human Rights Act and maybe 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 responsibilities of the landowner and not the Police.
Contact Community Safety
- Tel: 01803 208025
- Email: community.protection@torbay.gov.uk
- Fax: 01803 208854
