Draft guidance for managing unauthorised encampments

An unauthorised encampment is an encampment of caravans and/or vehicles on land without the landowner’s or occupier’s consent and which constitutes a trespass.

The guidance is updated from managing unauthorised camping to managing unauthorised encampments to reflect the broader range of situations where such activities may occur. This change fosters a more inclusive approach in addressing the needs and challenges faced by Gypsy and Traveller communities.

An unauthorised encampment can be made up of any group of individuals or vehicles trespassing on land. However, this guidance is aimed at addressing the specific issues around the unauthorised encampments of Gypsies and Travellers.

An unauthorised encampment is different to cases where land has been bought and occupied by Gypsies and Travellers without the appropriate planning permission being in place. That is known as a private site without planning permission, which are not covered in this guidance.

Unauthorised encampments can be a source of tension within communities and require sensitive handling as local and public authorities need to balance the rights of Gypsies and Travellers and those of local residents.

‘Gypsies and Travellers’ are defined in section 108 of the Housing (Wales) Act 2014 as follows:

1. Persons of a nomadic habit of life, whatever their race or origin, including:
   1. persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently, and
   2. members of an organised group of travelling show people or circus people (whether or not travelling together as such); and
2. All other persons with a cultural tradition of nomadism or of living in a mobile home.

The intention of the above definition is to ensure ethnic Romani Gypsies and Irish Travellers are included, as well as those from any ethnic group who follow a nomadic habit of life. The definition also includes Travelling Showpeople. New Travellers will also be captured by the definition if they follow a cultural tradition of nomadism.

Whilst each of these groups are associated with the travelling and nomadic way of life and may share some common beliefs and practices, each group have distinctive languages, traditions and ethnicities, and are also likely to have different needs for use of temporary encampments.

Gypsies and Travellers are indigenous to Wales. The latest 2021 Census estimated that around 3,600 of the usual resident population of Wales (0.1%) identified as Gypsy or Irish Traveller across Wales.The Welsh Government commission all Welsh local authorities to carry out their caravan count twice a year. These commissions are used to monitor caravan counts as part of the local authorities monitoring of accommodation needs, which is used as data when carrying out a Gypsy and Traveller Accommodation Assessment (GTAA).

This figure is likely to be an under-estimate, given that it is measuring a transitory population and as there is often under-reporting of ethnicity data. However, it is clear that there are more Gypsies and Travellers and caravans in Wales than there are permanent pitches or either transit or temporary/negotiated stopping places. At the time of publication, there are no temporary/negotiated stopping places or transit sites in Wales. Whilst the requirement for 7 transit pitches was identified by local authorities across their Cycle 2 GTAAs, these are not yet in place.

The caravan count is also likely to underestimate the true number of caravans on unauthorised encampments in Wales. The count relies on local authority officials updating and reconciling data on or soon after the chosen count dates, and a small number of local authorities may be unable to complete these actions for any given count. Additionally, unauthorised encampments may go undetected by local authorities, especially in larger rural areas and be omitted from the count.

The caravan count provides a snapshot of caravans and sites present around 2 days in January and July. By its design it captures only the caravans counted around those days, and therefore these figures will not reflect the nomadic nature of Gypsies and Travellers and the frequency with which they require temporary accommodation. Nor does the caravan count give any evidence around migratory patterns.

In Wales, unauthorised encampments tend to occur along the main transport routes which traditionally provided opportunities for work as well as access to the main ports for Ireland. The main routes are found along the M4 corridor as the main route from east to west in the south of Wales, the A470 as the main route from north to south Wales and along the A55 as the link from east to west in the north of Wales. However, encampments are found throughout Wales, often nowhere near these busy routes.

In addition, Gypsies and Travellers may revisit the same areas if they know there is access to the facilities they need or have had good experiences with local authorities.

A lack of transit and temporary/negotiated stopping places provision can lead to unauthorised encampments. Gypsies and Travellers who are nomadic typically use unauthorised encampments for short periods of time, days or weeks, before moving on again.

Some local authorities in Wales may have more unauthorised encampments than others. However, all local authorities are likely to experience some unauthorised encampments and should have policies and procedures in place to ensure that they are dealt with in a way that is effective, safe and sensitive to all parties involved. To facilitate this, the Welsh Government has developed this guidance to assist local authorities to develop their own policies and in doing so support the Gypsy and Traveller way of life.

This guidance is aimed at anyone dealing with unauthorised encampments of Gypsies and Travellers but is of particular importance for local authorities in Wales, who have a number of statutory duties to ensure the well-being of these communities.

However the guidance may also be of use by other land owners including other public authorities, such as National Park Authorities or Health Boards, as well as those attending unauthorised sites and assisting local authorities in their statutory duties, for example health visitors, Traveller Education Services (TES) and police forces.

Although this guidance is not aimed primarily at Gypsies and Travellers who may need to temporarily reside on an unauthorised encampment, some community members may find it to be a useful introduction to their rights and responsibilities in such a situation. Similarly, the draft ‘Police Forces Protocols on Managing Unauthorised Encampments’ will help community members understand the expectations around police involvement with unauthorised encampments.

For the purposes of this guidance the landowner will generally be the local authority. The Welsh Government recognises that unauthorised encampments do not occur exclusively on local authority owned land but different procedures and requirements apply to private land owners, who do not owe any statutory duties towards the community in the same was as local and other public authorities. Procedures relating to private landowners rules will be explored briefly later in the document.

Where land belongs to the Welsh Government or any other public authority, the local authority retains responsibility for meeting each of their statutory duties for those on the unauthorised encampments within their area.

Local authorities have a range of statutory duties towards Gypsies and Travellers residing and resorting within their area. Some of the key duties are listed below, which will apply irrespective of whether individuals are on a local authority site or unauthorised encampment.

Gypsies and Travellers are entitled to protection under the Equality Act 2010. Romany Gypsies and Irish Travellers have both been recognised as distinct racial groups for the purposes of that Act. The Act prohibits unlawful discrimination, harassment and victimisation on the grounds of a person’s race and protects Gypsies and Travellers from unfair treatment or discrimination in a variety of fields, including in the exercise of public functions and the provision of services.

The Equality Act 2010 also requires all local and public authorities, whenever exercising their functions, to have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under that Act. Local authorities must also advance equality of opportunity and foster good relations between persons of different racial backgrounds. This includes having due regard, in particular, to the need to:

• remove or minimise disadvantages suffered by persons for reasons connected to their race
• take steps to meet the needs of persons of a particular race that are different from the needs of persons from other racial backgrounds
• tackle prejudice and promote understanding

Compliance with these duties may involve local authorities treating some persons more favorably than others.

Local authorities have statutory duties in relation to the homeless and those threatened with homelessness under the Housing (Wales) Act 2014. Gypsies and Travellers living in caravans with nowhere to legally station them are likely to be legally homeless under that Act.

The Housing (Wales) Act 2014 also imposes express duties on local authorities to carry out an assessment of the accommodation needs of Gypsies and Travellers residing in or resorting to their area and to provide sites on which mobile homes may be stationed so far as may be necessary to meet those needs.

Section 17(1) of the Children’s Act 1989 states that it is the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need and to promote the upbringing of such children by their families by providing a range and level of services appropriate to those children’s needs. Section 20(1)(c) also requires every local authority to provide accommodation for any child in need within their area.

The Social Services and Well-being (Wales) Act 2015 places a general duty on public authorities to promote the well-being of adults and children who need care and support.

The Act also requires local authorities to have due regard to the United Nations Principles for Older Persons (as adopted by the General Assembly of the United Nations on 16th December 1991). Local authorities carrying out functions under the Act in relation to children with needs for care and support, child carers with needs for support and looked after and accommodated children must also have due regard to Part 1 of the United Nations Convention on the Rights of the Child (see General Assembly resolution 44/25 of November 1989).

Under section 13 of the Education Act 1996, a local authority must contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education and secondary education are available to meet the needs of the population of their area.

The Welsh Government recommends that local authorities conduct a welfare assessment on all residents living on an unauthorised encampment on publicly owned land to ensure that the authority is meeting each of the statutory duties listed above. This is the case even where the land on which an unauthorised encampment has been set up is not owned by the local authority but is instead owned by the Welsh Government or another public authority. This will allow the local authority to clearly demonstrate that they have taken account of their responsibilities towards those living on unauthorised sites within their area.

The guidance aims to:

• provide all parties involved in unauthorised encampments clear guidance on their roles, responsibilities and rights
• ensure a fair, consistent and lawful approach to dealing with unauthorised encampments which takes into account the interests and rights of all those involved
• set out recommended courses of action i.e. a step-by-step guide of what to do when dealing with an unauthorised encampment
• share current good practice examples
• provide templates for local authorities when undertaking welfare assessments
• summarise the enforcement powers in the Criminal Justice and Public Order Act 1994, as inserted by the Police, Crime, Sentencing and Courts Act 2022

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.

There is a range of legislation that is applicable with regards to unauthorised encampments. Some of this is detailed below. It is important to remember that legislation and protection by law applies to both the landowner and also to Gypsy and Traveller communities.

Police, Crime, Sentencing and Courts Act 2022 (“Police Act”)

Section 83 of the Police Act inserts new sections 60C to 60E into the Criminal Justice and Public Order Act 1994 (“1994 Act”).

New section 60C introduces a criminal offence of residing or intending to reside in a vehicle on land without consent, provided one or more of the following conditions are satisfied:

• That significant damage or significant disruption has been caused or is likely to be caused as a result of the person’s residence.
• That significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by the person while on the land.
• That significant distress has been caused or is likely to be caused as a result of offensive conduct carried on or likely to be carried on by the person while on the land.

An offence is committed if the person, without “reasonable excuse”, fails to comply as soon as reasonably practicable with a request made by the landowner/occupier or the police to leave the land and remove all their property. It is also an offence for the person, without reasonable excuse, to move back onto the land within 12 months.

The “reasonable excuse” defence allows a person to show that they had a reasonable excuse for failing to comply as soon as reasonably practicable with a request to leave the land with the intention of residing there without consent. It will be up to a court to decide what constitutes a reasonable excuse, but a potential cause may be a vehicle breaking down and awaiting repair.

New section 60C(7)(a) provides that, in relation to common land to which the public has access and where the occupier of the land cannot be identified, a local authority is to be treated as the “occupier”. This means that, in these cases, a person must not reside or intend to reside on the land without the consent of the local authority and a local authority can request that a person leaves the land and removes their property.

New section 60C(8) sets out non-exhaustive definitions for “damage” and “disruption”. Damage includes physical damage, being “damage to the land” and non-physical damage, being “damage to the environment” which includes excessive noise, smells, litter or deposits of waste. Disruption includes a person’s ability to access any facilities located on the land or otherwise make lawful use of the land or a supply of water, energy or fuel.

The maximum penalty for the offence is 3 months’ imprisonment, a level 4 fine (currently £2,500), or both.

Where a constable reasonably suspects that an offence has been committed under new section 60C, new section 60D gives the constable the power to seize and remove any relevant property (defined in new section 60D(2)) that appears to belong to the person who the constable suspects has committed the offence, is in their possession or under their control. This property includes a vehicle, if the constable suspects the person had this with them or intended to have this with them in commission of an offence under new section 60C. Property seized under new section 60D may be retained by the police for up to 3 months from the date of seizure or, if criminal proceedings are commenced, until the conclusion of those proceedings.

Under new section 60E seized property can be forfeited and dealt with as specified in a court order. Before making an order for forfeiture of the property the court must permit anyone who claims to be the owner or to have an interest in it to make representations. The court must also consider the property’s value and the likely consequences of forfeiture.

Section 84 of the Police Act amends existing powers in the 1994 Act. Subsection (3) amends section 61(1)(a) (power to remove trespassers on land) of the 1994 Act, insofar as it applies to England and Wales, to broaden the types of harm caught by the power of a senior officer to direct trespassers with a common purpose of residing on land to leave the land and remove their property. These now comprise damage, disruption or distress and, unlike for the new offence, these do not need to be “significant” to be caught by the power. “Damage” and “disruption” are given the same definitions as in new section 60C.

In line with the existing provision under section 61 of the 1994 Act, a senior officer may direct all trespassers with a common purpose of residing on the land, where he reasonably believes any of them has caused the damage, disruption or distress and reasonable steps have been taken by or on behalf of the occupier, to ask them to leave; there is no requirement to reasonably believe the damage, disruption or distress was caused by one particular trespasser.

Section 61(4) of the 1994 Act is amended to provide that a person issued with a direction to leave by a senior officer in England and Wales under section 61(1) commits an offence if they, without reasonable excuse, enter the land again as a trespasser within 12 months of the direction. Section 61(9) is amended to enable the police to direct trespassers to leave land that forms part of a highway in England and Wales. Section 62(1)(b) of the 1994 Act introduces powers to enable the vehicle of a person to be seized if they, without reasonable excuse, enter the land again as a trespasser within 12 months of being issued with a direction under section 61(1).

Under section 62B(2) of the 1994 Act, a person commits an offence where they enter any land in the area of the relevant local authority as a trespasser with an intention of residing there within 12 months of being issued with a direction to leave under section 62.

Highways Act 1980

Under section 137 of the Highways Act 1980, it is an offence for a person, without lawful authority or excuse, to wilfully obstruct the free passage along a highway in any way. Section 143 of that Act gives a power to a highway authority to remove, on 1 month’s notice, any structures set up on a highway. The definition of structure includes an object capable of causing obstruction, whether or not it is on wheels, and therefore includes a caravan or mobile home.

Civil Procedure Rules 1998

A possession order may be obtained in the civil courts requiring the removal of any trespassers from property under Part 55 of the Civil Procedure Rules. This remedy is available to both public and private landowners.

Human Rights Act 1998

The Human Rights Act 1998 (HRA) gives effect to the European Convention on Human Rights (“ECHR” or “Convention”) in the UK. ll Decisions made by public authorities in Wales must comply with the ECHR.

Article 8 of the ECHR is of significant importance in connection with the home of a Gypsy or Traveller. Article 8 states that:

1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security, public safety or the economic well-being of the country, for the protection of health or morals, or for the protection of the rights and freedoms of others.

’Home’’ can include a caravan even if it is unlawfully or illegally parked. Therefore Article 8 may apply to those persons on unauthorised encampments as well as tenants of sites.

Article 14 concerns prohibition of discrimination and should be read in conjunction with Article 8:

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Eviction of a Gypsy or Traveller from an unlawful encampment by a local authority is likely to engage Article 8, as it is likely to be an interference with the Gypsy or Traveller’s home (Chapman v United Kingdom (2001) 33 EHRR 18). However, article 8 rights are qualified and a local authority will have to determine whether an eviction would amount to an unlawful interference, or whether doing so could be objectively justified in al the circumstances of any particular case.

Environmental Protection Act 1990

Local authorities have various powers under the Environmental Protection Act 1990 to address issues of waste, statutory nuisance and litter in their area.

Town and Country Planning Act 1990

Where Gypsies or Travellers (or anyone else) buy land and develop it as a caravan site without planning consent, enforcement action will be through the planning system. Enforcement is a matter for the discretion of the local planning authority. Guidance on using planning enforcement powers is available in the Development Management Manual and Welsh Office Circular 24/97.

As stated in section 1, all public authorities, including the Welsh ministers, local authorities and other public authorities, have duties towards Gypsies and Travellers under the Equality Act 2010 and the Human Rights Act 1998. These duties must be taken into account when deciding how to deal with any unauthorised encampment on publicly owned land.

The Welsh Government does not have an enforcement role in response to an unauthorised encampment on public authority or private land without planning permission.

Where an unauthorised encampment occurs on Welsh Government land, the Welsh Government may consider whether to take any eviction proceedings as landowner. However, this would not be done without consultation with the relevant local authority, who have a duty to help those who are homeless or at risk of homelessness within their area. The responsibility for ensuing the welfare of the occupants on such an unauthorised encampment also remains with the relevant local authority, who have a range of statutory duties towards these individuals.

Where an unauthorised encampment occurs on local authority land, the local authority may consider whether to take any eviction proceedings as landowner. However, before doing so, local authorities will be aware of their statutory duty to help those who are homeless or at risk of homelessness within their area. Local authorities must also comply with their other statutory duties to ensure the welfare of these individuals.

Other public authorities (including national parks) as landowners, may consider taking eviction action against any Gypsy and Traveller communities who have set up an unauthorised encampment on their land. However, this should not be done without first liaising with the relevant local authority who have the statutory duty to help those in their area who are homeless or at risk of homelessness.

Private landowners experiencing unauthorised encampments on their land do not have to comply with the same statutory responsibilities as public authorities.

They must seek their own legal advice when seeking to resolve unauthorised encampments on their land.

The police have a range of powers to deal with unauthorised encampments. Local authorities should consider carefully whether any support is required from the police or whether it is appropriate to work directly with the Gypsy and Traveller community direct in the first instance. 

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.

Regardless of which path the local authority follows, it is important that all affected parties are kept informed. It is good practice for the SPOC/lead officer to communicate developments directly to occupiers and local residents/businesses. Local authorities may find it helpful to send out written updates.

Local authorities must ensure that occupiers are able to read and understand any court documents served on them, or direct them to where they may receive help and support, such as the Gypsy and Traveller Liaison Officer, if any, local Gypsy or Traveller advocacy groups, local Citizens Advice Bureau or Regional Equality Councils.

Key points of contact between Gypsy and Traveller communities and local services need to be made aware of any possession actions and potential impact this may have on their service users. It is recommended that Traveller Education Services, Health Visitors and any other relevant support groups ed are kept informed so that they are able to support the affected occupiers.

All local authorities are encouraged to develop their own written strategies detailing how they will respond to unauthorised encampments. The key objectives in a strategy include:

• eliminating or minimising problems by effective advance planning
• avoiding a reactive respond
• ensuring that the needs and rights of all parties; Gypsies and Travellers, landowners and the settled community are considered
• setting a framework within which clear, consistent and appropriate decisions can be made in a transparent manner
• clearly linking the approach to unauthorised camping to other strategies and policies affecting Gypsies and Travellers (site provision, planning, health, education, housing etc)
• involving all those with an interest in the process of developing the strategy
• clarifying local authority roles and responsibilities, setting out who has responsibility for each stage of the process and the identity of the persons who will make the key decisions
• limiting any public nuisance, taking effective enforcement where necessary and appropriate

Taking the lead

It is recommended that local authorities formulate a clear governance strategy to deal with unauthorised encampments which provides for adequate oversight and monitoring of delivery.

Local authorities may wish to consider the following key stages when producing their strategy:

• Appointing a lead officer or Single Point of Contact (SPOC).
• Setting up a strategy working group, with adequate support/resources and ensuring key players are involved and liaison with other relevant services.
• Providing cultural-awareness training for key workers
• Setting up consultation procedures/mechanisms.
• Ensuring alignment and consistency with other strategies.
• Reviewing information obtained from the local authority’s assessment of needs.
• Planning new services/improving existing services, through joint working where appropriate.
• Monitoring/evaluating/reviewing the local authority actions taken and ensuring lessons are learnt where applicable.

Who should be Involved?

While local authorities should take the lead in the development of their strategy, it is essential that other relevant departments are involved in the process and are willing to comply with the strategy when it is implemented. securing commitment among stakeholders is an important part of the strategy building process.

Securing participation from the local health board, police force, Gypsies and Travellers themselves as well as advocacy groups who support them, community cohesion co-ordinators, community safety officers, and local councillors responsible for Gypsy and Traveller encampments, will strengthen the local authorities ability to respond effectively to any given situation. This will also help ensure that the services of other stakeholders are accessible to occupiers and the settled community. Other organisations, such as Natural Resources Wales, may be involved in this multi-agency way of working when the circumstances are appropriate.

Local authorities should also consider working on a regional basis to help ensure that their approach to unauthorised encampments and site provision is consistent to that taken across the rest of Wales.

There are a number of elements that may be included in the local authorities strategy, for example:

1. Local information on which the strategy is based, for example, the GTAA, the bi-annual caravan count data, local figures for unauthorised encampments (including police figures if helpful) and any information on recurring encampments.
2. Information on the current level and locations of local authority sites.
3. The typical approach to be taken when informed of an unauthorised encampment, including the appointment of a lead officer or SPOC.
4. Engagement with the Gypsy and Traveller community on their experiences of an unauthorised encampment.
5. The protocol for the sharing of information with other agencies and for contacting / involving / informing other relevant agencies.
6. The approach to be taken when entering an unauthorised encampment, setting out the roles and statutory responsibilities of all involved, the assessment to be undertaken.
7. An outline of the range of responses open to a local authority to an unauthorised encampment and an explanation of likely action to be taken in certain scenarios
8. A protocol for informing neighbouring authorities of unauthorised encampments and any action which may be taken on a partnership basis.
9. The Welsh Government will work closely with local authorities to support in the implementation of this guidance. It is important to note that once the guidance is in place, the issue of unauthorised encampments will be effectively managed.

Protocol

This is an agreed plan for how services will deal with an issue.

Public authority

As well as councils, there are other groups like the National Parks or Natural Resources Wales who look after large areas of land for the public. Sometimes they have to evict families who have stopped in their area.

Pitch

Land on a mobile home site where occupiers are entitled to station their mobile homes indefinitely (unless stated in their pitch agreement). Typically includes an amenity block, space for a static caravan and touring caravan and parking.

The layout of the pitch will depend on the overall site design. An important element in the design and size of pitches is the intended capacity. Section 60 of the Mobile Homes (Wales) Act defines ‘mobile home’ as measuring up to 20 metres in length and 6.8 metres in width.

Local authority site

This is a site owned and operated by the local authority. This site will be designated for use as a Gypsy and Traveller site. Residents on these sites can expect to occupy their pitches for as long as they abide by the terms of their pitch agreements, under the Mobile Homes (Wales) Act 2013.

Working space may also be provided on, or near, sites for activities carried out by community members.

Site

A site will include a range of facilities, (dependent on size of land and requirements), connections to utilities, community building, play area, footpath around the site, public lighting and fencing/trees to create a perimeter boundary for security and enclosure.

Temporary/Negotiated Stopping Place

These are intended to be short-term in nature to assist local authorities where a need for pitches is accepted. 
Provision must be made for waste disposal, water supply and sanitation at a minimum.

These sites only have planning permission or a site licence for a limited period. Residents on these sites can expect to occupy their pitches for the duration of the planning permission or site licence (or as long as they abide by the terms of their pitch agreements, under the Mobile Homes (Wales) Act 2013, whichever is sooner).

Traveller Education Service (TES)

These are teachers who work closely with Gypsy and Traveller children to make sure they receive a suitable education.

Transit pitch

Land on a mobile home site where occupiers are entitled to station their mobile homes for a maximum of three months. Transit pitches can exist on local authority sites, however, this is not recommended.

Transit site

Transit sites are permanent facilities designed for temporary use by occupiers for a maximum of 3 months at a time. Local authorities will be responsible for maintaining the site waste disposal, water supply and sanitation may be made available subject to a charge. 

Specific terms under the Mobile Homes (Wales) Act 2013 apply on these sites. Working space may also be provided on, or near, sites for activities carried out by community members.

Unauthorised encampment

 Land occupied without the permission of the owner or without the correct land use planning permission.
Encampments may be used on a temporary basis in the absence of available transit or temporary/negotiated stopping place provision and may be accepted by the local authority, whilst alternative sites are developed.

Bricks and mortar

A house or a flat, often referred to as conventional housing.  They may be socially rented, privately rented or owned.

Settled communities

A house or a flat, often referred to as conventional housing. They may be socially rented, privately rented, or owned.

You and your family (insert name........................ ) have been permitted to remain on this land as a temporary/negotiated stopping place for a Gypsy or Traveller Encampment for a period of …………… Until …………….

You have agreed to this Code of Conduct which explains what is expected of you/ your family and the local authority.

You have agreed to treat the land you have occupied and the surrounding community with care and respect.

You will also respect the rights of those who may want to access the land.

You have been permitted to park your caravan and vehicles on a particular area of land. You agree not to camp on any land other than that which you have been given permission to remain on.

You must not force entry onto any other part of the land or buildings on the land.

You agree that you will not damage the land itself or any property on it including fencing or boundary walls, fixtures or fittings. This includes any flood defences or defences to prevent trespassing.

You agree to take care not to cause damage to any surrounding areas of publicly owned land, such as parks, woodlands, school fields, or play areas.

Vehicles should not be driven on footpaths or highways not designed for road vehicles. Doing this could put others at risk and may lead to enforcement action.

Vehicles and caravans must be parked in a way that does not block access for other people who want to pass through or access another part of the land.

Dumping, tipping rubbish or placing waste materials or trade waste such as rubble or tree cuttings on this land is prohibited and may lead to enforcement action. Please use bins that are provided for domestic waste or dispose of trade waste at the local Civic Amenity Site (local tip).

Burning of commercial or domestic waste is not permitted on this site. Open fires are permitted only where fire safety is observed and as agreed with the local authority / fire service.

You will be issued with a portable toilet. You must not dispose of or deposit any human waste on this site in any other way.

You will be provided with access to water supply.

[You have agreed to pay for services (portable toilet, water supply, bins) on site].

Services may be withdrawn if they are damaged or being used inappropriately.

You agree you will not do anything which affects the safety or welfare of other occupiers and their animals or the surrounding community.

Welfare assessment form for dealing with managing unauthorised encampments.

Download the welfare assessment form.